HB2570 – Requiring cities and counties to adopt zoning and development rules making it easier to build ADUs in their urban growth areas.
Prime Sponsor – Representative Gregerson (D; 33rd District; Kent)
Current status – Had a hearing in the House Committee on Environment and Energy January 28th. Substitute bill passed out of committee February 4th; referred to Appropriations. Had a hearing there February 10th. An amended 2nd Substitute passed out of Appropriations February 11th. Referred to Rules. Failed to pass out of the House by cutoff.
Next step would be – Dead bill.
Legislative tracking page for the bill.
Comments –
There’s a staff summary of the changes in the substitute on page 5 of the House Bill Report on it.
In the amended 2nd substitute the mandatory ADU policies only apply in cities with at least 5,000 people and GMA-planning counties with at least 50,000. It eliminates the limits on impact plan review fees and allows requirements for owner occupancy for all ADUs. It lets cities require an additional parking space for any ADUs more than a quarter mile from a major transit stop. It expands the exemption from challenges under the State Environmental Policy Act to any ADUs in an urban growth area.
Summary –
Requires cities with more than 2,500 residents and counties with more than 15,000 that are planning under the Growth Management Act to adopt various zoning and development regulations for ADUs in their urban growth areas by July 2021.
They must allow at least one ADU on all lots in zoning districts that allow single-family homes, though detached ADUs can’t be on lots under 3,500 sq ft. They have to achieve at least three of the following goals:
1. Allowing at least two ADUs on any lot on which there’s a single or multi-family residence.
2. Keeping the maximum gross floor requirement below 1,000 sq. ft.
3. Keeping maximum roof heights for ADUs above 24 feet.
4. Adopting pre-approved architectural plans for use under at least some building and permitting requirements.
5. Allowing detached ADUs on a lot line if it borders an alley.
They cannot require off-street parking for an ADU, require owner occupancy of the main building or the ADU, and can’t charge permitting, plan review or impact fees that are more than half those for a single-family residence. They can’t charge connection fees or capacity charges for attached ADUs. They can’t require a new separate utility connection except when site-specific technical, environmental, or financial considerations require that, and in those cases the charges have to be proportionate to the burden of the ADU on the water or sewer system; can’t exceed the reasonable cost of providing the service; and can’t be inconsistent with water availability requirements, water system plans, small water system management plans, or established policies adopted by the water or sewer utility.
It exempts these changes and actions implementing these regulations from challenges under the GMA or the State’s environmental impact law.
The bill also encourages, but doesn’t require:
1. Exempting them from impact fees and additional tree retention requirements,
2. Allowing them to be sold as condominiums,
3. Allowing fire department access to them by way of a public street of fire depatment approved access,
4. Having no more than 200 sq ft. as the minimum gross floor area requirement,
5. Allowing them to cover at least 60% of the rear yard,
6. Not requiring more setbacks than those for a single family home,
7. Not requiring them to look be in the same style as the main residence,
9. Not counting their floor area as part of the maximum allowed area of other residences on the lot.
10.Letting them be within five feet of a property line with the written permission of the current adjacent owner, and
11. Not requiring any particular location for entrances.