ADUs, Density and Zoning

HB 2343, introduced by Rep. Joe Fitzgibbon, is the trailer bills to last year’s HB 1923.  The bill modifies the list of planning actions that certain cities are encouraged to take in order to increase residential building capacity.  The bill was amended by the Senate Committee on Housing Stability & Affordability on February 28 and adds quadplexes, sixplexes, stacked flats, and townhouses to two items on the list of actions cities are encouraged to take, specifically the action to authorize such housing on each parcel in one or more zoning districts that permit single-family residences unless there is a documented physical constraint to make this unfeasible; and adds other items to the list of actions cities are encouraged to take.  The bill moved out of committee on February 28 and was passed to Rules.

SB 6302, introduced by Sen. Christine Rolfes, prohibits local governments from limiting the number of unrelated persons occupying a home.  The bill was amended by the House Local Government committee on February 28 and replaces the prohibition on local government regulation of unrelated persons’ occupancy of a household or dwelling unit with a requirement that, if the local government does have such regulations, it must provide a process for seeking an exception to the regulations. Allows a local government to review various aspects of the proposed household or dwelling units, including its compliance with applicable building codes and the infrastructure capacity of the property, when making a decision on an application for an exception, and to condition approval on the household or dwelling unit’s compliance with certain conditions established by the local government. Allows a local government to later revoke approval if the household or dwelling unit is not in compliance with building, fire, or other code requirements.  The bill was referred to Rules on February 28.

SB 6617, introduced by Sen. Marko Liias,requires counties planning under the GMA and cities within those counties to adopt or amend ordinances/regulations to implement the requirement to allow up to two ADUs or DADUs on all lots for single/duplex/tri/quad/row/townhome or apartment buildings.  The bill was amended by the House Environment & Energy Committee on February 27 to limit the scope of the bill to cities, and provides that ADU requirements and SEPA appeal exemption do not apply to counties; amends the areas in which cities may require off-street parking associated with the development of ADUs to include areas that are at least one-quarter of a mile away from a major transit stop (instead of one-half mile); limits the types of bus and other fixed route service stops that qualify as major transit stops to those that are served every 15 minutes during peak hours of operation; and clarifies that only ADU policies that are mandatory for cities is the prohibition on requiring parking associated with ADUS near major transit stops; provides that local ordinances and development regulations are not subject to the exemption from appeal under the Growth Management Act or the State Environmental Policy Act if authorization is provided for the siting of accessory dwelling units on properties zoned such that single-family housing units are a nonconforming use; and authorizes cities to require parking associated with an ADU located within one quarter of a mile from a major transit stop if the city has determined that the ADU is in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible.  The bill was referred to Rules on February 28.

We strongly encourage Edmonds residents to contact their state and city elected representatives to oppose legislation that would preempt local control over zoning decisions. WA State Legislative Hotline (800) 562-6000 to leave a message for their state senators and representatives. Or comment in writing via the State Legislature website: https://app.leg.wa.gov/pbc/