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Home My WebLink About11-20-23 Council Meeting SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Jan Schuette 1. Minutes of the November 6 and November 13 Council meetings and ATTACHMENT A November 8, 2023 Special meeting 2. Accounts Payable ATTACHMENT B 3. Resolution Declaring Property as Surplus ATTACHMENT C 4. Amendment No. 1 to the 169th St NE Connecting Segment ATTACHMENT D Design Contract with SCJ Alliance PUBLIC HEARING 1. Resolution Setting the 2024 Regular Property Tax Levy ATTACHMENT E Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jan Schuette NEW BUSINESS 1. Ordinance Amending Arlington Municipal Code Title 13 Water and Sewers ATTACHMENT F Staff Presentation: Amy Rusko Council Liaison: Don Vanney Arlington City Council Meeting Monday, November 20, 2023 at 6:00 pm City Council Chambers – 110 E 3rd Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. 2. Ordinance Amending Arlington Municipal Code Chapter 20.44 ATTACHMENT G Supplemental Uses Staff Presentation: Amy Rusko Council Liaison: Debora Nelson 3. Permit Fee Waiver Request ATTACHMENT H Staff Presentation: Marc Hayes Council Liaison: Michele Blythe COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert DRAFT Page 1 of 3 Council Chambers 110 East 3rd Street Monday, November 6, 2023 Councilmembers Present: Don Vanney, Heather Logan, Debora Nelson, Jan Schuette, Michele Blythe, Yvonne Gallardo-Van Ornam, and Marilyn Oertle who joined with Zoom. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, Mandy Kruger, Kristin Garcia, Marc Hayes, Jim Kelly, Kris Wallace, Peter Barrett, Mike Gilbert, Abigail Black, Rory Bolter, Dustin Bartlett, Nicholas Denton, Andrea Hill, Mike Phillips, City Attorney Steve Peiffle, Tony Orr, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Julie Good, Nathan Senff, Rich Senff, Jennifer Benton, Lindsay Dunn, and Kevin Duncan. Mayor Barb Tolbert called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. SWEARING IN Lieutenant Mike Gilbert briefly spoke and called on Lieutenant Peter Barrett, who introduced Officer Abigail Black, who was sworn in by City Attorney Steve Peiffle. Officer Black’s husband pinned her badge. PROCLAMATIONS None. PUBLIC COMMENT Lindsay Dunn, 735 E Highland Drive, provided comments about the 2024 regular property tax levy. CONSENT AGENDA Mayor Pro Tem Jan Schuette moved, and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting November 6, 2023 Page 2 of 3 1. Minutes of the October 16 and October 23, 2023 Council meetings 2. Accounts Payable: Approval of Petty Cash Check #2028; EFT Payments and Claims Checks: #109175 through #109299 dated October 3, 2023 through October 16, 2023 for a total of $891,626.61 3. Amendment to Contract with Airside Solutions 4. Contract with Process Solutions 5. Contract Amendment No. 1 with SCJ for the 211th Place Design PUBLIC HEARING None. Mayor Tolbert recused herself as Chair from the following agenda item, and Mayor Pro Tem Jan Schuette followed as Chair. NEW BUSINESS 2024 Lodging Tax Distribution Finance Director Kristin Garcia requested Council approve the 2024 lodging tax funding distribution. There were 14 grant applications received totaling $135,050. One new event was submitted from the City, a Hispanic Heritage Event. Three applications were not fully funded, two applications were short of meeting the match requirement, and the third was reduced because of incorrect math in their application. Mayor Pro Tem Jan Schuette moved, and Councilmember Debora Nelson seconded the motion to approve the 2024 funding distribution, as recommended by the lodging tax advisory committee. The motion passed unanimously. Mayor Tolbert rejoined as Chair and continued with the meeting. Appointments to Planning Commission Community and Economic Development Director Marc Hayes requested Council confirm the appointments of Jennifer Benton and Nathan Senff to the Planning Commission. Mr. Hayes introduced them to the Council. Councilmember Michele Blythe moved, and Councilmember Debora Nelson seconded the motion move to confirm the appointments of Jennifer Benton and Nathan Senff to the Planning Commission. The motion passed unanimously. Dedication of Real Property for Public Right of Way for 63rd Ave. NE and 188th St. NE Community and Economic Development Director Marc Hayes reviewed dedication of real property for public right of way purposes, for future widening and improvements of 63rd Ave. NE and 188th St. NE. Discussion followed with Mr. Hayes answering Council questions. Councilmember Heather Logan moved, and Councilmember Don Vanney seconded the motion to accept the dedication of the described real property for public right of way purposes. The motion passed unanimously. Minutes of the City of Arlington City Council Meeting November 6, 2023 Page 3 of 3 Request to Transfer American Rescue Plan Act (ARPA) Funds Community and Economic Development Director Marc Hayes requested Council approve staff’s request to transfer ARPA funds from the Food Truck Court project to the Smokey Point Community Park project. Discussion followed with Mr. Hayes answering Council questions. Councilmember Debora Nelson moved, and Councilmember Don Vanney seconded the motion to approve the transfer of $1,000,000.00 in ARPA funds from the proposed Food Truck Court project to be applied to the Smokey Point Community Park project, for construction. The motion passed unanimously. Amendment No. 3 for Haller Wellfield Improvement Project Public Works Director Jim Kelly requested Council approve the Brown and Caldwell Contract Amendment No. 3 for the Haller Wellfield Improvement Project. Public Works has been working for several years on securing and developing new water sources to ensure water availability for Arlington’s future . The Scope and Fee for Brown and Caldwell provides 30-100% design documents for the Haller Well and Wellhouse siting for the Haller Wellfield Improvement Project. Discussion followed with Mr. Kelly answering Council questions. Councilmember Debora Nelson moved, and Councilmember Heather Logan seconded the motion to approve a contract amendment with Brown and Caldwell in the amount of $253,000.00 for 100% design documents for the Haller Wellfield Improvement Project and authorized the Mayor to sign the amendment, subject to final review by the City Attorney. The motion passed unanimously. COMMENTS FROM COUNCILMEMBERS Councilmember Heather Logan stated that the Snohomish Health District signed its final dissolution as an independent district. It served Snohomish County for 64 years before joining Snohomish County. ADMINISTRATOR & STAFF REPORTS None. MAYOR’S REPORT None. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:21 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 1 Wednesday, November 8, 2023 Councilmembers Present: Don Vanney and Jan Schuette, who all joined with Zoom. Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Garcia, Sheri Amundson, Suzanne Soule, and Wendy Van Der Meersche, who all joined with Zoom. Also Known to be Present: Amanda Robinson and Chad Edgington, who joined with Zoom. The special meeting began at 9:30 a.m. with Finance Director Kristin Garcia making introductions. Audit Supervisor Amanda Robinson stated that the exit conference is for the 2022 Accountability Audit and introduced Audit Lead Chad Edgington. Mr. Edgington stated that the results of the audit were for the years January 1, 2021 to December 31, 2022. In overall results, there were nine conclusions, with City operations complying. Accountability Audit results reviewed were: • Accounts payable • Tracking and monitoring of sensitive assets • Payroll • Procurement • Open public meetings • Financial conditions Ms. Robinson opened for questions. Mayor Tolbert thanked Finance Director Kristin Garcia and her staff for another clean audit. Councilmember Don Vanney stated that, as well. Ms. Robinson stated that the audit report will be published next week. Mr. Edgington thanked staff. ADJOURNMENT With no further business to be conducted, the special meeting ended at 9:39 a.m. _________________________________________ Barbara Tolbert, Mayor Minutes of the City of Arlington Audit Exit Conference DRAFT Page 1 of 4 Council Chambers 110 East 3rd Street Monday, November 13, 2023 Councilmembers Present: Don Vanney, Heather Logan, Debora Nelson, Marilyn Oertle, Jan Schuette, Michele Blythe, and Yvonne Gallardo-Van Ornam. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Garcia, Jim Kelly, Dave Ryan, Amy Rusko, Jonathan Ventura, Rory Bolter, Luke Adkins, Mike Phillips, Andrea Hill, Tony Orr, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Julie Good, Bob Nelson, Dave Kraski, Sid Logan, Lindsay Dunn, Eyleen McCluskey-Shouman. Mayor Barb Tolbert called the meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Heather Logan seconded the motion. The motion passed with Councilmembers Nelson and Oertle voting no. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. WORKSHOP ITEMS – NO ACTION WAS TAKEN Resolution Setting the 2024 Regular Property Tax Levy City Administrator Paul Ellis reviewed two 2024 tax levy scenarios. One option is taking a 1% increase over the prior year levy, the other option is using 90% of the City’s banked property tax capacity. A public hearing will be held on November 20, 2023 to allow for public comment on the proposed options. After the November 20 Public Hearing, Council will need to take action. A resolution must be submitted to the County on or before November 30. Discussion followed with Finance Director Kristin Garcia and Mr. Ellis answering Council questions. Resolution Declaring Property as Surplus Airport Director Dave Ryan reviewed property formerly occupied by the Point Church. The property is currently vacant and in need of substantial repairs. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop November 13, 2023 Page 2 of 4 The Arlington Municipal Airport is the owner of the building and improvements formerly occupied by the Point Church located at 18722 59th Ave. NE, Arlington. The City believes substantial improvements will be required soon, so City staff has recommended the building(s) be declared as surplus, and that the most economical approach is to sell the building(s) in their present condition to a private buyer willing to improve the building(s). Pursuant to AMC 3.70.020, the buildings may be disposed of pursuant to a Request for Proposal (RFP) process. Discussion followed with Mr. Ryan answering Council questions. Amendment No. 1 to the 169th St NE Connecting Segment Design Contract with SCJ Alliance Public Works Director Jim Kelly reviewed Amendment No. 1 for the 169th Street Connecting Segment 30-100% design. The City has been working on the development of an integrated multi-modal transportation system in the Smokey Point neighborhood that is connected to the Cascade Industrial Center; part of this network is the completion of 169th Street. The proposed 169th St Connecting Segment project includes a two-lane roadway, multiuse path, sidewalks, and drainage improvements. Completion of this final segment of 169th St will support the continued growth of the CIC and jobs while improving walkability and multimodal transportation within Smokey Point. The City contracted with SCJ in April 2022 for preliminary design up to 30% drawings. The project is now ready for design up to 100%. In early 2023 the City received a FHWA Congressionally Directed Spending grant in the amount of $3,654,893.00 completing the funding package for this project. Staff has negotiated the scope and is recommending award of Amendment No. 1 for 30-100% design documents to SCJ Alliance per the attached negotiated scope of work. Discussion followed with Mr. Kelly answering Council questions. Ordinance Amending Arlington Municipal Code (AMC) Title 13 Water and Sewer Planning Manager Amy Rusko reviewed an ordinance to amend Arlington Municipal Code Title 13 Water and Sewers. The proposed amendment to AMC Title 13 Water and Sewers is a City-initiated request to revise the sections of AMC Chapters 13.04, 13.08, and 13.12. The amendment provides updated regulations regarding utilities provided for accessory dwelling units. The revisions include definitions, housing type classifications, residential classifications, water and sewer connections, connection charges, and water/sewer/stormwater rates. The AMC Title 13 Code Amendments were proposed with the 2023 Docket. The proposed code amendments are required to be updated to include accessory dwelling unit connection standards. Discussion followed with Ms. Rusko answering Council questions. Ordinance Amending Arlington Municipal Code Chapter 20.44 Supplemental Uses Planning Manager Amy Rusko reviewed an ordinance to amend Arlington Municipal Code (AMC) Chapter 20.44 Supplemental Uses. The amendment to AMC Chapter 20.44 Supplemental Uses is a City-initiated request to update Section 20.44.032 – Master Planned Neighborhoods and Section 20.44.042 – Accessory Dwelling Units. Minutes of the City of Arlington City Council Workshop November 13, 2023 Page 3 of 4 Section 20.44.032 amends the procedure and requirements for parcels within the Master Plan Neighborhood Overlay of the city. The update amends the title of the section to Subarea Plans and establishes criteria and procedures for both private and public initiated subarea plans. The subarea plans correlate to the fourteen subareas of the City’s Comprehensive Plan that distinguish specific geographical areas and existing neighborhoods within the community. The intent of creating subareas is to develop a subarea plan for each area of the city that contains specific policies and criteria to guide land development, incorporate missing middle housing options, transportation facilities, community facilities, infrastructure and capital improvement decisions that provide for a more coordinated, efficient, and effective structure for predictable neighborhood planning. Section 20.44.042 amends the requirements and criteria set forth for Accessory Dwelling Units per Engrossed House Bill 1337 as filed to the Secretary of State of the State of Washington on May 10, 2023. The amendments follow the criteria adopted by the State of Washington and all updates to RCW 36.70A, RCW 43.21C, and RCW 64.32, 64.34, 64.38, 64.90. The AMC Chapter 20.44 Zoning Code Amendments were proposed with the 2023 Docket. The proposed zoning code amendments are required to establish subarea planning in the city and to meet the accessory dwelling unit requirements from the state. Police Third Quarter Report Police Chief Jonathan Ventura presented the third quarter report. Discussion followed with Chief Ventura answering Council questions. North County Regional Fire Authority Third Quarter Report Deputy Chief of Operations Dave Kraski presented the third quarter report. Discussion followed with Chief Kraski answering Council questions. ADMINISTRATOR AND STAFF REPORTS None. MAYOR’S REPORT None. COMMENTS FROM COUNCILMEMBERS Councilmember Heather Logan provided information regarding the Department of Health regarding fentanyl overdoses. COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening. PUBLIC COMMENT Eyleen McCluskey-Shouman, Arlington, provided public comment. Lindsay Dunn, Arlington, provided public comment. Minutes of the City of Arlington City Council Workshop November 13, 2023 Page 4 of 4 REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put the following items on the consent agenda for the November 20 Council meeting. 2. Resolution Declaring Property as Surplus 3. Amendment No. 1 to the 169th St NE Connecting Segment Design Contract with SCJ Alliance. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:37 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill CA #2 Attachment November 20, 2023 Accounts Payable Claims Approval Claims Approval Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: ALTERNATIVES: City of Arlington Claims Approval for November 20th, 2023 Claims Certification: We, the undersigned City Council of the City of Arlington, Washington do hereby certify that the merchandise or services hereinafter specified have been received and that: Approval of Petty Cash Check #2029; EFT Payments and Claims Checks: #109300 through #109436 dated October 17th, 2023 through November 6th, 2023 for a total of $1,545,100.59 Approval of Payroll EFT Payments and Checks #30314 through #30319 dated October 1st, 2023 through October 31st, 2023 in the amount of $1,374,300.26 City of Arlington Council Agenda Bill CA #3 Attachment November 20, 2023Resolution Declaring Certain Property as Surplus Resolution Airport; Dave Ryan, Director 360-403-3474 EXPENDITURES REQUESTED: BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Point Church at located 18722 59th Ave. NE, Arlington. The City believes substantial improvements will be required soon, so City staff has recommended the building(s) be declared as surplus, and that the most economical approach is to sell the building(s) in their present condition to a private buyer willing to improve the building(s). Pursuant to AMC 3.70.020, the buildings may be disposed of pursuant to a Request for Proposal (RFP) process. of substantial repairs. ALTERNATIVES: ARESOLUTION NO. 2023-XXX A RESOLUTION DECLARING CERTAIN PROPERTY AS SURPLUS WHEREAS, the Arlington Municipal Airport is the owner of a building and improvements formerly occupied by the Point Church and commonly known as 18722 - 59th Ave. NE, Arlington, WA 98223; WHEREAS, the City believes substantial improvements will be required in the near future which will drain City resources; and WHEREAS, the City staff has recommended the building and improvements be declared as surplus; and WHEREAS, the City Council deems the most economical approach is to sell the building and improvements in their present condition to a private buyer willing to improve the buildings; NOW, THEREFORE, the City Council of the City of Arlington Washington do hereby resolve as follows: 1. The City Council finds the building and improvements located at 18722 - 59th Ave. NE, Arlington, WA, to be surplus to the City’s needs. 2. Pursuant to AMC 3.70.020, the building and improvements may be disposed of pursuant to a Request for Proposal (RFP) process. APPROVED by the Mayor and City Council of the City of Arlington this _____ day of November, 2023. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor ATTEST: _________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill CA #4 Attachment Scope of Work for 30-100% Design Services 169th St NE Connecting Segment Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: (not to exceed)Transportation Imp Fund 2024 -2025 LEGAL REVIEW: DESCRIPTION: Amendment No. 1 for the 169th St Connecting Segment 30-100% design The City has been working on the development of an integrated multi-modal transportation system in the Smokey Point neighborhood that is connected to the Cascade Industrial Center; part of this network is the completion of 169th Street. The proposed 169th St Connecting Segment project includes a two-lane roadway, multiuse path, sidewalks, and drainage improvements. Completion of this final segment of 169th St will support the continued growth of the CIC and jobs while improving walkability and multimodal transportation within Smokey Point. The City contracted with SCJ in April 2022 for preliminary design up to 30% drawings. The project is now ready for design up to 100%. In early 2023 the City received a FHWA Congressionally Directed Spending grant in the amount of $3,654,893.00 completing the funding package for this project. Staff has negotiated the scope and is recommending award of Amendment No. 1 for 30-100% design documents to SCJ Alliance per the attached negotiated scope of work. ALTERNATIVES: Remand to staff for additional information. I move to approve Amendment No. 1 to the SCJ contract for design services for the 169th St Connector and authorize the Mayor to sign the amendment. 169th St NE Connecting Segment October 31, 2023 Exhibit A - Scope of Work, Amendment No. 1 Page 1 of 11 EXHIBIT A SCOPE OF WORK, AMENDMENT NO. 1 169TH ST NE CONNECTING SEGMENT FINAL DESIGN, RIGHT OF WAY PLANS, PERMITTING ASSISTANCE, AND PUBLIC INVOLVEMENT CITY OF ARLINGTON, WA Prepared for: Ryan Morrison, PE | Assistant Public Works Director and Project Manager Prepared By: Lisa M. Reid, PE, PMP | Project Manager Project Number: 20-000295 Date prepared: October 31, 2023 PROJECT OVERVIEW Description of Work There are no substantial changes to the project drivers. SCJ Alliance (CONSULTANT) completed the preliminary design (30%) for the project in August 2022 and it has been accepted by the City of Arlington (CITY). This amendment adds work to advance the preliminary design to include final design (with 60%, 100% and Ad-Ready submittals), coordinate with Soundview to provide necessary information for environmental documentation and permitting, coordinate with utility companies, and prepare right of way plans for the 169th St NE Connector between 40th Ave NE and 43rd Ave NE as shown in Figure 1Figure 1. Figure 1. Project Location Funding Current project funding is a combination of federal and local funds. Federal funds will be restricted to the Construction (CN) phase only. This project will be completed in a manner which complies with all Federal funding requirements and the LAG Manual. SCOPE OF WORK Table of Contents This scope of work includes final design, right of way plans, permitting assistance, and public involvement work and includes the following phases of work: Phase 1 Project Management ..................................................................................................................................................................... 2 Phase 2 Project Meetings ........................................................................................................................................................................... 2 Phase 3 Preliminary Engineering ................................................................................................................................................................ 2 Phase 4 Final Design Project Management ................................................................................................................................................ 2 Phase 5 Final Design Project Meetings ....................................................................................................................................................... 3 Phase 6 60% Design and Plan Preparation ................................................................................................................................................. 3 Phase 7 90% Design and Plan Preparation ................................................................................................................................................. 5 Phase 8 100% Design and Plan Preparation ............................................................................................................................................... 6 Phase 9 Ad-Ready Plan Preparation ........................................................................................................................................................... 7 Phase 10 Project Manual .............................................................................................................................................................................. 8 Phase 11 Estimate of Probable Cost ............................................................................................................................................................. 8 Phase 12 Quality Control and Quality Assurance (QA/QC) ........................................................................................................................... 9 Phase 13 Environmental Coordination ....................................................................................................................................................... 10 Phase 14 Public Outreach ........................................................................................................................................................................... 10 Phase 15 Right of Way and Utility/Owner Coordination ............................................................................................................................ 10 Phase 99 Expenses ...................................................................................................................................................................................... 11 169th St NE Connecting Segment October 31, 2023 Exhibit A - Scope of Work, Amendment No. 1 Page 2 of 11 General Assumptions The following assumptions apply to this scope of work. Assumptions that apply primarily to individual phases of work are included with the respective scopes for each phase. 1. All prior work on Phases 1-3 for the 30% design is complete and no changes are made. 2. Submittals will be made at the 60%, 90%, 100% and Ad-Ready milestones. The following submittal guidelines apply: a. The 60% design shall locate major design features, design the project footprint, and develop the estimate of cost. b. The 90% submittal shall represent a complete, construction-ready design so that the CITY can review the full design. c. The 100% submittal shall be a response to 90% comments rather than advancement of design. d. The ready-for-construction package is a check print set to confirm that all the responses to the 90% were satisfactorily resolved. 3. This amendment adds an additional ten (10) months to the duration of the project. 4. The 30% design includes two 2 travel lanes, a 12-foot-wide shared use path with a 3-foot-wide landscaping area on the north side of the road, and a 5-foot-wide sidewalk on the south side of the road. The project will include stormwater conveyance and detention, illumination, 2 new Rectangular Rapid-Flashing Beacon (RRFB) pedestrian crossings, and an intersection at the future 40th street connection. 5. The 30% Plans have been accepted by the CITY and represent the preliminary design to be advanced. Adjustments to the profile and layout of ponds will be included to minimize earthwork, minimize wetland impacts, and improve permitting conditions. 6. The project is required to tie-in to the new multi-use path along the north side of 168th St NE that was recently constructed by Amazon. This requires a design update to the 30% preliminary design for this facility to be on the north side of 169th St NE. 7. The CITY contracted separately to have Soundview perform a wetland delineation survey which was provided to the CONSULTANT in AutoCAD. 8. In providing opinions of cost and schedules for the project, the CONSULTANT will have no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that might affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that might materially affect the ultimate project cost or schedule. The CONSULTANT, therefore, will not warranty that the actual project costs, financial aspects, economic feasibility, or schedules will not vary from the CONSULTANT’s opinions, analyses, projections, or estimates. 9. The CITY is contracting separately with third party consultants to perform survey, geotechnical and environmental work related to this project with whom the CONSULTANT will need to coordination throughout the execution of this project. 10. The scope does not include utility potholing. If required, this work can be added by amendment. 11. The CITY will provide right of entries for all necessary private-property access. 12. This scope does not include right of way negotiation or acquisition. 13. CITY reviews will take 3-weeks and comments will be resolved of conflicts prior to sending them to the CONSULTANT. 14. Right of way plans will conform to the WSDOT/LAG Manual requirements for federally funded projects. Information Provided by the City of Arlington The CITY will provide the following: 1. Division 1 Boiler Plate for WSDOT/APWA Specifications 2. City of Arlington Special Provisions to be included in the Project Manual Phase 1 PROJECT MANAGEMENT No changes: this work is complete, and this phase is closed. Phase 2 PROJECT MEETINGS No changes: this work is complete, and this phase is closed. Phase 3 PRELIMINARY ENGINEERING No changes: this work is complete, and this phase is closed. Phase 4 FINAL DESIGN PROJECT MANAGEMENT Task 1 Management 1) Overall Management. Manage the project by directing and supervising staff and reviewing work for the duration of the project. This management is for the overall work and quality control of submitted documents rather than specific tasks. 2) Schedule and Budget. Develop a critical path project schedule to match the scope of work. Identify task durations, predecessors, Agency reviews, deliverables, and milestones. Review and update the schedule on a monthly basis. Monitor earned value and actual costs on a bi-weekly basis (every 2 weeks). 3) Smartsheet Updates. Update the CITY’s project Smartsheet on a monthly basis. 4) Coordination. Coordinate with other consultants hired by the City to assist on this Work (e.g. geotechnical, wetlands delineation, surveyors, etc.). Task 2 Administration 1) Progress Reports. Prepare and submit a monthly progress report. Progress reports will show: (1) summary of current billing work performed, (2) current work planned, (3) schedule and budget status (including a 3-line earned value chart) (4) list original 169th St NE Connecting Segment October 31, 2023 Exhibit A - Scope of Work, Amendment No. 1 Page 3 of 11 budget, total expenditure to date, current billing amount and amount remaining, (5) a summary of scope changes/added value, and (6) items needed from the CITY or others. 2) Progress Invoices. Prepare a monthly invoice with monthly progress reports attached. Assumptions • Project management will be extended for ten (10) months (from approximately December 2023 through September 2024). The estimated number of meetings and project coordination is reflected in the budget based on a ten (10) month project duration. • Progress billings will be submitted monthly. • Timelines and milestones will be outlined in a master schedule using Microsoft Project. Deliverables • Bi-Weekly Progress Reports (PDF) • Monthly Progress Invoices (PDF) • Monthly MS Project Schedule or Update (PDF) • Monthly Smartsheet Updates (in Excel) Phase 5 FINAL DESIGN PROJECT MEETINGS Task 1 Project Status Meetings 1) Project Status Meetings. Prepare for and attend up to ten (10) project status meetings with the CITY (held approximately monthly). Attendees will include the project manager, and design manager/stormwater lead. Prepare meeting agendas and summaries for each meeting. It is assumed that eight (8) of these meetings will be held virtually and up to two (2) may be in person at the City or onsite. Meetings will be approximately sixty (60) minutes in length. Task 2 Utility Coordination Meetings 1) Utility Coordination Meetings. Prepare for and lead up to two (2) utility coordination meetings with the project manager, design, manager/stormwater lead, utility companies and the CITY. Meetings will be held in the CONSULTANT’s office and broadcast virtually and will be up to sixty (60) minutes in length. Task 3 Internal Design Team Meetings 1) Internal Design Team Meetings. Prepare for and lead up to eight (8) design team meetings with the project manager, design, manager/stormwater lead, roadway lead, and up to one (1) additional discipline lead. These meetings may include the CITY and/or representatives from the City’s other consultants (survey, geotechnical, or environmental, as needed) as needed to coordinate the design. Meetings will be held in the CONSULTANT’s office and broadcast virtually and will be up to sixty (60) minutes in length. Assumptions • Separate utility coordination meetings will not be needed. Utility companies will be invited to specific monthly design team meetings as needed. Deliverables • Attendance of up to two (2) CONSULTANT staff at up to ten (10) project status meetings. • Attendance of up to two (2) CONSULTANT staff at up to two (2) utility coordination meetings. • Attendance of up to four (4) CONSULTANT staff at up to eight (8) internal design team meetings. • Meeting Agendas (PDF) • Meeting Summaries (PDF) Phase 6 60% DESIGN AND PLAN PREPARATION The CONSULTANT will respond to CITY’s comments on the 30% Plan Submittal as part of the design for the design development. The advancement of these design elements shall include the analysis and development of agreed designs with third parties (such as property owners, city-owned utilities, and private utility companies) with enough detail to determine an accurate project footprint and cost estimate and will include the plans shown in the assumptions list and described herein. Design documentation is included in this phase and will be included as a deliverable. Specific design calculations noted below will be assembled into the design documentation as well. Task 1 30% Comment Resolution 1) Preliminary Responses. After receipt of the CITY’s comments, the CONSULTANT will complete preliminary responses to the comments. 2) Comment Resolution Meeting. Up to three (3) CONSULTANT staff will meet with CITY reviewers including the project manager, design manager/drainage lead, and roadway lead. The purpose of the meeting is to discuss comments, preliminary responses, and questions to ensure understanding of comments and anticipated resolution. 3) Walk Through. Immediately after the Comment Resolution Meeting, the same CONSULTANT staff and CITY staff will walk the site with the 30% plans as a reference to ensure all site features and issues have been addressed. 4) Final Responses. Provide final responses to all comments received in tables and/or BlueBeam Plans for all 30% review comments received and submit with the 60% Design Submittal. Task 2 60% General Plans and Right of Way 1) Cover Sheet and Index. Prepare one (1) cover sheet that will include the vicinity map, area map, key contacts at the CITY, CONSULTANT, and utility companies, and a sheet index. 2) Legend, Notes & Abbreviations. Prepare one (1) sheet that includes the plan legend, abbreviations, and general notes. 3) Alignment and Right of Way Plans. Develop or update control lines (typically centerlines) for 169th St NE and all other cross- streets needed on the project to describe the construction. Provide monuments, bearings, and curve data for each alignment. Update the 30% right-of-way information on four (4) plan sheets (3 for the street and 1 for the pond) with the right of way acquisition tables shown on the respective sheets. Right of way acquisition tables will be provided by the CITY from a third-party Commented [RM1]: This seems appropriate, initially, and if everything progresses on schedule. Environmental permitting is the largest risk item I'm seeing right now and we can evaluate it's impacts on design duration once we know more at 60%. Commented [RM2]: This work was completed. We have the 30% comment response document. A single meeting to re-visit the 30% would be warranted before moving to the next Phase but the comment resolution Task can be listed as Complete. 169th St NE Connecting Segment October 31, 2023 Exhibit A - Scope of Work, Amendment No. 1 Page 4 of 11 survey consultant and the CONSULTANT will coordinate dual-signatures of the PE and PLS on the alignment sheets. The right of way plans will be consistent with WSDOT/LAG Manual requirements for federally-funded projects. Task 3 60% Transportation Design and Plans 1) Roadway Typical Sections. Update up to two (2) plans showing the typical roadway sections that show roadway widths, sidewalks, planters, utility zones, traffic lanes, and the right of way. Typical sections will cover the entire project area and key cross-streets where work is to be performed. 2) Site Preparation and TESC Plans and Details. Identify demolition activities, including items to be abandoned, salvaged, recycled, or removed, and identify facilities that need to be protected during construction. Demolition plans will include surface features such as pavements by type, sidewalk, curbs, retaining walls, building structures and foundations, and miscellaneous structures. Temporary Erosion Control (TESC) will be shown on the Site Preparation Plans. Demolition required for utilities, stormwater features, signing, striping, signalization, and illumination will not be included in Site Preparation plans but will be included on the relevant discipline drawings. 3) Roadway Plan and Profiles. Update stacked plan and profile sheets and notes for the roadway improvements including identification of curb and gutter, driveways, stormwater access roads, and curb ramps. Curb types will be called out and transitions will be indicated. Develop profiles for the 169th Street NE that indicate how to tie into the existing roadways and how to construct the new roadway. Show limits of excavation and fill and major quantities on the profiles. Does not include details or superelevation diagrams. 4) Intersection Grading and Curb Ramp Plans. Develop intersection grading plans showing how the profiles and curb ramps tie in together and how positive stormwater is achieved at the intersections of 40th Ave NE and 43rd Ave NE. Design the grades of the sidewalks and curb ramps to meet PROWAG and ADA standards. Coordinate with the CITY to gain approval of any curb ramps requiring MEF documentation prior to the submittal. Up to six (6) curb ramps are included. 5) Pavement Marking and Signing Plans and Details. Update Channelization Plans and add Channelization Notes and Details based on the 60% design. Notes and details will be added to provide enough information to demonstrate how the project will be constructed. Also show new, relocated, replaced, and removed callouts for signing to these plans. Develop existing and proposed signing schedules as needed. Task 4 60% Drainage Design 1) Water Quality and Flow Control Design. • Modeling using WWHM or MGS Flood • Sizing and layout of the stormwater facilities with contours • Sizing and design of overflow/outlet structures including analysis of downstream impacts • Details for overflow/outlet structures and energy dissipators 2) Conveyance Design. • Analysis for conveyance pipes and inlet capacity calculations using Storm and Sanitary Analysis or equivalent • Sizing and layout of conveyance pipes and catch basins with pipe sizes and invert elevations 3) Drainage Report. • Update the drainage report to reflect the design revisions and to include the sizing and analysis of the flow control/water quality facilities and conveyance system. • Develop and include all relevant appendices 4) Drainage Plan and Profiles and Details. Develop stacked profiles for the stormwater system. Show existing and proposed utilities. Develop stormwater details as needed to describe the system, points of intersection with other utilities, and specific design elevations and layouts. Develop grading details and noted for access road to stormwater facilities. 5) Drainage Pond and Access. Develop pond and access plans showing the pond and access road, grading, and fencing. Task 5 60% Traffic and Electrical Design 1) Illumination Design. Advance the lighting layout based on the City of Arlington Design Standards and the CITY’s 30% comments. This work will include: • Update the AGi32 analysis based on design changes resulting from the 30% plans and create an Illumination photometrics layout to document the analysis for inclusion in Task 8. • Coordinate with local utility company to establish a point of connection for electrical service with input from the CITY for future circuit extensions. • Design wiring, conduit, and junction box system for corridor illumination • Prepare one-line circuitry diagrams and electrical service panel schedule 2) RRFB Design. Prepare the design two (2) solar RRFB crossings based on the City of Arlington’s standard plans including the placement of RRFB poles, junction boxes, wiring, and details. The RRFB systems will be shown on Illumination Plans. Details will not be included for the 60% design. Task 6 60% Structural Design 1) Retaining Wall Plan and Profiles. Prepare plans showing the layout of MSE retaining walls and wall profiles based on the 60% Design. No calculations will be performed at the 60% level and no wall detailing will be performed. Task 7 60% Landscape and Irrigation Design 1) Landscape Plans. Prepare plans showing street trees, property restoration, and pond planting. Wetlands restoration is not included in this scope. 2) Irrigation Plans. Prepare plans showing irrigation to the street trees. The 60% design submittal will include schematic layouts of the irrigation system and connection to the City’s system at the existing blowoff on the NE corner of NE 168th Street and 43rd Ave NE. 169th St NE Connecting Segment October 31, 2023 Exhibit A - Scope of Work, Amendment No. 1 Page 5 of 11 Task 8 60% Design Report 1) Assemble Calculations. Document design criteria and calculations that are made as a part of this design. This will include, but is not limited to roadway design, stormwater design, illumination design, RRFB design, etc. Retaining wall design will not be included in the 60% design as only the layout will be complete for review. Work to prepare the calculations is included in the respective Tasks 1-7. 2) Summary. Summarize the 60% design in brief memo form that describes key decisions and calculations. Design calculations and decisions will be included in appendices to the report. Task 9 60% Construction Schedule 1) Preliminary Construction Schedule. Prepare a brief staging concept and preliminary construction schedule for the project based on the design, site conditions and access requirements to adjacent roads and parcels. This schedule will be the basis of the working days allowed in the schedule Task 10 60% Design Submittal 1) Assemble the 60% Design Submittal. Assemble the 60% Project Manual, 60% Estimate, 60% Plans, 60% Construction Schedule, 60% PS&E Checklist, 60% Plans and supporting design calculations. Prepare a brief transmittal memo and transmit to the CITY for review. Provide a review comment form for the CITY’s use and to aid in the consolidation and response to comments at the 60% Design Submittal. 2) Local Programs Checklist. Complete DOT Form 272-070, “Local Agency Plans Preparation Checklist” to accompany the PS&E for review. Assumptions • All plan sheets will be set up as 1”=20’ for a full-sized 22”x34” sheet (1”=40 for 11”x17 sheet). • The CITY has previously provided right of way parcel lines and will lead the right of way acquisition efforts for this project. This information will not change. A third-party surveyor will prepare individual parcel exhibits and legal descriptions for the official right of way and TCE documentation for acquisition and recording. The CONSULTANT will not prepare exhibits beyond the right of way plans included in Task 2 Subtask 3. • The scope does not include water line or sanitary sewer design as neither is required for this project. • The CITY and CONSULTANT will agree on facilities for Flow Control and Water Quality treatment prior to beginning design. • Retaining walls will be mechanically stabilized earth (MSE) fill walls. The 60% design includes only the layout of the walls. • Traffic and pedestrian control plans will not be included in the 60% design. Deliverables • 60% Drainage Report (PDF) • Illumination Calculations (PDF) • 60% Plan Sheets per the Plan Sheet List at the end of this scope (40 sheets, PDF) • 60% Construction Schedule • 60% Local Agency Plans Preparation Checklist (PDF) Phase 7 90% DESIGN AND PLAN PREPARATION The CONSULTANT will complete the final design of the work and will respond to the CITY’s 60% comments. The 90% submittal will represent a complete, construction-ready design so that the CITY can review the full design. Task 1 60% Comment Resolution 1) Preliminary Responses. After receipt of the CITY’s comments, the CONSULTANT will complete preliminary responses to the comments. 2) Comment Resolution Meeting. Up to three (3) CONSULTANT staff will meet with CITY reviewers including the project manager, design manager/drainage lead, and roadway lead. The purpose of the meeting is to discuss comments, preliminary responses, and questions to ensure understanding of comments and anticipated resolution. 3) Walk Through. Immediately after the Comment Resolution Meeting, the same CONSULTANT staff and CITY staff will walk the site with the 60% plans as a reference to ensure all site features and issues have been addressed. 4) Final Responses. Provide final responses to all comments received in tables and/or BlueBeam Plans for all 60% review comments received and submit with the 90% Design Submittal. Task 2 90% General Plans and Right of Way 1) Cover Sheet and Index. Update plan. 2) Legend, Notes & Abbreviations. Update plan. 3) Alignment and Right of Way Plans. Update plans. Task 3 90% Transportation Design 1) Roadway Typical Sections. Update plans. 2) Site Preparation and TESC Plans and Details. Update plans. 3) Roadway Plan and Profiles and Paving Details. Update plans and complete detail sheets for paving work. 4) Intersection Grading and Curb Ramp Plans. Update plans. 5) Pavement Marking and Signing Plans and Details. Update plans and complete detail sheets for pavement marking and signing. 6) Sign Schedules. Add existing and proposed sign schedules to the plans and include quantity tabulations for the signage work. 169th St NE Connecting Segment October 31, 2023 Exhibit A - Scope of Work, Amendment No. 1 Page 6 of 11 Task 4 90% Drainage Design 1) Drainage Report. Update the design report to reflect the final design. Add a Stormwater Pollution Prevention Plan and Operations & Maintenance Plan needed for permitting. 2) Drainage Plan and Profiles and Details. Update plans. 3) Drainage Pond and Access Plans and Details. Update plans and add details for the access road and storm drainage pond. Task 5 90% Traffic and Electrical Design 1) Illumination and RRFB Design. Update plans and add Illumination and RRFB details. 2) Illumination Calculations. Update to reflect the final design. Task 6 90% Structural Design 1) Retaining Wall Plan and Profiles. Update plans. 2) Retaining Wall Details. Design the walls and add details to the plans necessary for construction and layout. The retaining wall will include sidewalk on top of the wall with a pedestrian handrail. Task 7 90% Landscape and Irrigation Design 1) Landscape Plans. Update plans. This does not include wetland mitigation plans. 2) Landscape Details. Develop details to describe planting and staking requirements. 3) Irrigation Plans. Update plans for street tree irrigation. 4) Irrigation Details. Develop details to describe irrigation requirements. Task 8 Traffic and Pedestrian Control Plans 1) Traffic and Pedestrian Control Plans. Prepare site-specific schematic traffic control plans for vehicles and pedestrians. Task 9 90% Design Report 1) Assemble Calculations. Continue to document calculations made as a part of this design. This will include, but is not limited to roadway design, stormwater design, illumination design, retaining wall design, etc. 2) Summary. Update the 60% design memo to reflect changes made during the 90% design. Design calculations and decisions will be included in appendices to the report. Task 10 90% Construction Schedule 1) 90% Construction Schedule. Update the preliminary construction schedule for the project based on the design, site conditions and access requirements to adjacent roads and parcels. This schedule will be the basis of the working days allowed in the schedule. Task 11 90% Design Submittal 1) Assemble the 90% Design Submittal. Assemble the 90% Project Manual, 90% Estimate, 90% Plans, 90% Construction Schedule, 90% PS&E Checklist, 90% Design Report. Prepare a brief transmittal memo and transmit to the CITY for review. Provide a review comment form for the CITY’s use and to aid in the consolidation and response to comments at the 90% Design Submittal. 2) Local Programs Checklist. Complete DOT Form 272-470, “Local Agency Plans Preparation Checklist” to accompany the PS&E for review at both 60% and 90%. 3) Public Interest Finding (PIF) Approvals. Prepare a PIF form for any proprietary equipment specified on the project and get approved by WSDOT. Assumptions • Prior assumptions apply. • Traffic control will not include detours. • A pedestrian handrail is required at the top of the wall, but not guardrail. The pedestrian handrail will be per a prior standard plan to reduce costs and will not be project specific. • The scope does not include wetland mitigation plans. If required, they can be added by amendment. • The CITY will provide a Division 1 Boiler Plate for WSDOT/APWA Specifications for a federally-funded project. Deliverables • 90% Plan Sheets per the Plan Sheet List at the end of this scope (55 sheets, PDF) • 90% Design Report including Drainage Report and illumination calculations (PDF) • 90% Local Agency Plans Preparation Checklist (PDF) • PIF Forms, as needed (PDF) Phase 8 100% DESIGN AND PLAN PREPARATION The CONSULTANT will complete the final design of the work and responses to the 90% comments and shall represent a construction- ready set of plans. Task 1 90% Comment Resolution 1) Preliminary Responses. After receipt of the CITY’s comments, the CONSULTANT will complete preliminary responses to the comments. 2) Comment Resolution Meeting. Up to three (3) CONSULTANT staff will meet with CITY reviewers including the project manager, design manager/drainage lead, and roadway lead. The purpose of the meeting is to discuss comments, preliminary responses, and questions to ensure understanding of comments and anticipated resolution. Commented [RM3]: City will provide front end document templates (Ad for Bid, Bidding requirements/documents, Bond requirements, contract, etc) but not Division 1 Specs. WSDOT Division 1 GSP's for Federally funded projects should assembled by SCJ. 169th St NE Connecting Segment October 31, 2023 Exhibit A - Scope of Work, Amendment No. 1 Page 7 of 11 3) Final Responses. Provide final responses to all comments received in tables and/or BlueBeam Plans for all 90% review comments received and submit them with the 100% Design Submittal. Task 2 100% General Plans and Right of Way 1) Cover Sheet and Index. Update plan to address comments on the 90% submittal. 2) Legend, Notes & Abbreviations. Update plan to address comments on the 90% submittal. 3) Alignment and Right of Way Plans. Update plans to address comments on the 90% submittal. Task 3 100% Transportation Design 1) Roadway Typical Sections. Update plans to address comments on the 90% submittal. 2) Site Preparation and TESC Plans and Details. Update plans and details to address comments on the 90% submittal. 3) Roadway Plan and Profiles and Paving Details. Update plans and details to address comments on the 90% submittal. 4) Intersection Grading and Curb Ramp Plans. Update plans and details to address comments on the 90% submittal. 5) Pavement Marking and Signing Plans, Details, and Schedules. Update plans and details to address comments on the 90% submittal. Task 4 100% Drainage Design 1) Drainage Report. Update the 90% Drainage Report as needed to be consistent with the 100%, final design. 2) Drainage Plan and Profiles and Details. Update plans and details to address comments on the 90% submittal. 3) Drainage Pond and Access Plans and Details. Update plans and details to address comments on the 90% submittal. Task 5 100% Traffic and Electrical Design 1) Illumination and RRFB Plans and Details. Update plans and details to address comments on the 90% submittal. Task 6 100% Structural Design 1) Retaining Wall Plan and Profiles and Details. Update plans and details to address comments on the 90% submittal. Task 7 100% Landscape and Irrigation Design 1) Landscape Plans and Details. Update plans and details to address comments on the 90% submittal. 2) Irrigation Plans and Details. Update plans and details to address comments on the 90% submittal. Task 8 Traffic and Pedestrian Control Plans 1) Traffic and Pedestrian Control Plans. Update plans to address comments on the 90% submittal. Task 9 100% Design Report 1) Update Design Report. Make any edits needed to the 90% Design Report to be consistent with the 100%, final design. Task 10 100% Construction Schedule 1) Final Construction Schedule. Make any edits needed to the 90% Construction Schedule to be consistent with the 100%, final design. Task 11 100% Design Submittal 1) Assemble the 100% Design Submittal. Assemble the 100% Project Manual, 100% Estimate, 100% Plans, 100% Construction Schedule, 100% PS&E Checklist, 100% Design Report. Prepare a brief transmittal memo and transmit to the CITY for review. Provide a review comment form for the CITY’s use and to aid in the consolidation and response to comments at the 100% Design Submittal. 2) Local Programs Checklist. Update as needed. 3) Public Interest Finding (PIF) Approvals. Update as needed based on WSDOT feedback and progression to the 100% design, Assumptions • Prior assumptions apply. • Traffic control will not include detours. • A pedestrian handrail is required at the top of the wall, guardrail is not required. The pedestrian handrail will be per a prior standard plan to reduce costs and will not be project specific. • The scope does not include wetland mitigation plans. If required, they can be added by amendment. • The CITY will provide a Division 1 Boiler Plate for WSDOT/APWA Specifications for a federally-funded project. Deliverables • 100% Plan Sheets per the Plan Sheet List at the end of this scope (55 sheets, PDF) • 100% Design Report (PDF) • 100% Local Agency Plans Preparation Checklist (PDF) • PIF Forms, as needed (PDF) Phase 9 AD-READY PLAN PREPARATION Task 1 100% Comment Resolution. 1) Respond to Comments. Provide responses to all comments received in tables and/or BlueBeam Plans for all 100% review comments received and submit with the Ad-Ready PS&E Submittal. Commented [RM4]: See prior comment under 90%. 169th St NE Connecting Segment October 31, 2023 Exhibit A - Scope of Work, Amendment No. 1 Page 8 of 11 2) Page-Turn Meeting. Up to three (3) CONSULTANT staff will meet with CITY reviewers including the project manager, design manager/drainage lead, and roadway lead. The purpose of the meeting is to flip through the final revised plans and review resolution of 100% review comments and revisions made to ensure the plans and project manual are ready for advertisement. 3) Task 2 Final Plan Revisions 1) Ad-Ready Plan Revisions. Revise the 100% plans as needed to respond to 100% review comments from the CITY. 2) Ad-Ready Submittal. Assemble the 100% Plans and 100% Project Manual for advertisement by the CITY. Assumptions • Prior assumptions apply. Deliverables • Ad-Ready Plan Sheets per the Plan Sheet List at the end of this scope (55 sheets, PDF) Phase 10 PROJECT MANUAL Task 1 60% Project Manual 1) Division 1 Checklist and Special Provisions. Use the City boilerplate for Division 1, write project special provisions (such as utility coordination and traffic control) and attach the Local Agency Plans Preparation Checklist from Phase 6 Task 12 showing the appropriate State and APWA GSPs that will be included in the specifications for this, federally-funded project. 2) Division 2 thru 9 Special Provisions. Develop specifications using the WSDOT GSPs, City GSPs, and special provisions for Division 2 through Division 9 of the WSDOT specifications. 3) Preliminary Standard Plans. Keep a log and copies of the standard plans to be used in the project. Update the table of contents for the standard plans at the 60% Design Submittal. 4) 60% Appendices. List the appendices anticipated. 5) 60% Project Manual Assembly. Consolidate items developed in Subtask 1 through Subtask 3 into a 60% Project Manual. Update the Table of Contents and Appendices for the project. Task 2 90% Project Manual 1) 90% Project Manual. Update the 60% Project Manual for the 100% plans. Update the Table of Contents and Appendices for the project. Task 3 100% Project Manual 1) 100% Project Manual. Update the 90% Project Manual for the 100% plans. Update the Table of Contents and Appendices for the project. Task 4 Ad-Ready Project Manual 1) Ad-Ready Project Manual. Revise the 100% project manual as needed to respond to 100% review comments from the CITY. Assumptions • Prior assumptions apply. Deliverables • 60% Project Manual (PDF) • 90% Project Manual (PDF) • 100% Project Manual (PDF) • Ad-Ready Project Manual (PDF) Phase 11 ESTIMATE OF PROBABLE COST Task 1 60% Estimate of Probable Cost 1) 60% Quantities. Prepare quantity take offs based on the 60% Plans in BlueBeam. 2) 60% Unit Costs. Research similar, recent projects and determine unit costs to be used in the estimate. Document the source and calculation of each unit cost. 3) 60% Lump Sum Estimates. Prepare rough lump sum estimates for bid items to be paid by LS that have been designed far enough at the 60% to rely on quantities and unit costs needed to estimate the costs. Lump sum estimates will include, but are not limited to Division 1 items, signals, RRFBs, illumination, landscaping, art, illumination, and signing. 4) 60% Estimate of Probable Cost. Prepare an estimate spreadsheet to be used and updated throughout the life of the project. The estimate will be separated into schedules by work type and funding sources. Complete an estimate of probable cost for the project based on the 60% design. Task 2 90% Estimate of Probable Cost 1) 90% Quantities. Update quantity take offs based on the 90% Plans in BlueBeam. 2) 90% Unit Costs. Update unit costs as needed. Document the source and calculation of each unit cost. 3) 90% Lump Sum Estimates. Prepare rough lump sum estimates for bid items to be paid by LS. 4) 90% Estimate of Probable Cost. Update the Estimate of Probable Cost. Commented [RM5]: See prior comment. (The City does have COA specific Division 1 specs but we do not use them on Fed projects as they would require review and approval by HQ, which is a time consuming process with little benefit to the project) 169th St NE Connecting Segment October 31, 2023 Exhibit A - Scope of Work, Amendment No. 1 Page 9 of 11 Task 3 100% Estimate of Probable Cost 1) 100% Estimate. Revise the 90% estimate as needed to address comments on the 90% submittal from the CITY. Task 4 As-Ready Estimate of Probable Cost 1) Ad-Ready Estimate. Revise the 100% estimate as needed to address comments on the 100% submittal from the CITY. Assumptions • Quantities will be separated by asset class (transportation, stormwater, and utility undergrounding) and funding sources as needed. The CITY will provide these schedules as needed for tracking the project prior to completion of the 60% Estimate of Probable Cost. • Lump sum estimates will be prepared for the CITY’s review. Deliverables • 60% Quantities (Excel and PDF) • 60% Estimate (Excel and PDF) • 90% Quantities (Excel and PDF) • 90% Estimate (Excel and PDF) • 100% Quantities (Excel and PDF) • 100% Estimate (Excel and PDF) • Final Quantities (Excel and PDF) • Final Estimate (Excel and PDF) Phase 12 QUALITY CONTROL AND QUALITY ASSURANCE (QA/QC) Task 1 60% QA/QC 1) Quality Management Plan. The quality manager will prepare a Quality Management Plan (QMP) that documents the processes, procedures, and tools to be used in QA and QC for this project. Provide examples of review comment forms, plan markups, and a table of deliverables and reviewers expected on the project. 2) 60% Quality Assurance. An engineer independent from the design and QC team will perform regular spot-checks for quality assurance. This engineer will review the QMP, each deliverable, peer reviews, internal and the CITY’s review comments, and the revised documents to ensure that items found in quality control are being incorporated into the next revision of the deliverables. 3) 60% Quality Control. Conduct QC reviews of the deliverables prepared for the 60% Design submittal. QC reviews will be conducted and documented for plans, specifications, estimates, calculations, and other documents that either directly or indirectly constitutes the deliverables. Documents will be verified for conformance to standards and the functional, regulatory and uniformity requirements for this Project. Each QC activity will be completed before documents are used in-house or released to the CITY. Task 2 90% QA/QC 1) 90% Quality Assurance. An engineer independent from the design and QC team will perform regular spot-checks for quality assurance. This engineer will review the QMP, each deliverable, peer reviews, internal and the CITY’s review comments, and the revised documents to ensure that items found in quality control are being incorporated into the next revision of the deliverables. 2) 90% Quality Control. Conduct QC reviews of the deliverables prepared for the 100% Design submittal. QC reviews will be conducted and documented for plans, specifications, estimates, calculations, and other documents that either directly or indirectly constitutes the deliverables. Documents will be verified for conformance to standards and the functional, regulatory and uniformity requirements for this Project. Each QC activity will be completed before documents are used in-house or released to the CITY. Task 3 100% QA/QC 1) 100% Quality Assurance. An engineer independent from the design and QC team will perform regular spot-checks for quality assurance. This engineer will review the QMP, each deliverable, peer reviews, internal and the CITY’s review comments, and the revised documents to ensure that items found in quality control are being incorporated into the next revision of the deliverables. 2) 100% Quality Control. Conduct QC reviews of the deliverables prepared for the 100% Design submittal. QC reviews will be conducted and documented for plans, specifications, estimates, calculations, and other documents that either directly or indirectly constitutes the deliverables. Documents will be verified for conformance to standards and the functional, regulatory and uniformity requirements for this Project. Each QC activity will be completed before documents are used in-house or released to the CITY. Task 4 Ad-Ready QA/QC 1) Ad-Ready Quality Assurance. An engineer independent from the design and QC team will review the Ad-Ready Plans and Project Manual to ensure that all internal and the CITY’s comments received on the 100% submittal were addressed. 2) Ad-Ready Quality Control. Conduct QC reviews of the deliverables prepared for the Ad-Ready Design submittal. QC reviews will be conducted and documented for plans, specifications, estimates, calculations, and other documents that either directly or indirectly constitutes the deliverables. Documents will be verified for conformance to standards and the functional, regulatory and uniformity requirements for this Project. Each QC activity will be completed before documents are used in-house or released to the CITY. Assumptions • This work includes only internal CONSULTANT reviews and responses. • Client and peer reviews are included in other phases of work. • QC templates will be provided in the QMP and will be filled out and submitted with each final design submittal along with standard CONSULTANT QC documentation. 169th St NE Connecting Segment October 31, 2023 Exhibit A - Scope of Work, Amendment No. 1 Page 10 of 11 Deliverables • QA Documentation for the 60% Submittal • QC Documentation of the 60% Submittal • QA Documentation for the 90% Submittal • QC Documentation of the 90% Submittal • QA Documentation for the 100% Submittal • QC Documentation of the 100% Submittal Phase 13 ENVIRONMENTAL COORDINATION Task 1 Environmental Coordination 1) Coordination and Support. The CONSULTANT will coordinate with the CITY and Soundview throughout the 60% Design to support Soundview’s completion of the environmental documentation and permitting for the project. This scope of work may vary and a budget of 40 hours has been established for this effort. Additional effort will be authorized in advance by adding budget to this phase of work. Assumptions • Permit fees will be paid for directly by the CITY or the Construction Contractor. Deliverables • Permit applications and supporting information in PDF Phase 14 PUBLIC OUTREACH Task 1 Website 1) Website Survey. The CITY will post a survey on the site for 30-days to collect feedback from the community. The CONSULTANT will provide website graphics showing the design on a roll-plot in plan-view, typical cross-sections of the design, and a project schedule graphic. The base for this will be the plan graphics or a publicly available aerial photo. 2) Survey Analysis and Response. The CONSULTANT will coordinate with the CITY to review comments received and, if possible, adjust the design (this design work is included in Phase 6), and will provide written responses, as needed. Revised graphics are included in Task 2, below. 3) Website Update. The CONSULTANT will prepare graphics of the improvements and schedule to update the website at the 100% Design Submittal. One draft of the website graphics revisions will be submitted and updated based on the CITY’s review. The CITY will update the materials to the website. Task 2 Open House 1) Open House Exhibits. The CONSULTANT will update the graphics prepared in Task 1 above to include revisions made as a result of the website survey input. The CONSULTANT will plot the design graphics in color for the event. The schedule and typical- sections will be mounted on foam board, and the roll-plot will be intended for a table. Assumptions • The CITY will host and manage all website content and the CONSULTANT will only provide materials for the website as described in this Phase. • The CITY will plan, host, manage, and lead the open house. The CONSULTANT will only provide materials for use as described in this Phase. • Up to two (2) graphics boards will be prepared and mounted on foam core including the typical sections and schedule. The roll- plot will not be mounted. • Project renderings and other advanced graphics are not included and can be added by amendment if desired. • The CITY will be responsible for all Title IVTitle VI surveys and translated materials. Deliverables • Roll-plot of the Preliminary 60% Design (PDF) • Typical Sections of the Preliminary 60% Design (PDF and JPG) • Preliminary Schedule graphic (PDF and JPG) • Roll-plot of the Revised 60% Design (PDF and color roll-plot) • Typical Sections of the Revised 60% Design (PDF and JPG and mounted on foam core) • Preliminary Schedule graphic (PDF and JPG and mounted on foam core) • The CONSULTANT will not be required to attend the open house • Draft Website Materials Update • Final Website Materials Update Phase 15 RIGHT OF WAY AND UTILITY/OWNER COORDINATION Task 1 Relocation of the 43rd/169th Walmart Driveway 1) Prepare Exhibits. The CONSULTANT will determine potential locations for the revised driveway and will prepare plan exhibits of up to two (2) alternative locations that show the proposed location, truck turning movements (WB-67), internal parking lot truck routes and the proposed improvements. Task 2 Relocation of the 40th Street Stormwater Vaults 1) Prepare Exhibits. The CONSULTANT will determine potential locations for the existing stormwater vaults at 40th Ave NE and will prepare plan exhibits of the location showing the proposed locations and the proposed improvements. Task 3 Right of Way Acquisition 1) Prepare Exhibits. The CONSULTANT will prepare up to three (3) exhibits for property owner discussions that show the planned improvements and property interface details, such as landscaping restoration and wall revisions or other interface issues. These are in addition to the plan sheets and may be placed on aerial photos to increase the understanding of the location by others. Commented [RM6]: City will print and mount graphics provided by SCJ. Commented [LMR7]: Need to discuss ROW exhibits for filing and outreach to make sure we are on the same page. 169th St NE Connecting Segment October 31, 2023 Exhibit A - Scope of Work, Amendment No. 1 Page 11 of 11 Assumptions • Design work included with this coordination is included in Phase 6 and Phase 7. • All discussions with the property owners or utility owners will be led by the CITY and CONSULTANT participation is not scoped. Coordination can be added by amendment, if desired. • The CITY will be responsible for all schedule coordination with others for right of way acquisition. Deliverables • Up to six (6) exhibits (PDF) Phase 99 EXPENSES Expenses, including mileage and other travel costs, will be directly billed with no markup. END OF SCOPE OF WORK Arlington_169th_Connect_Seg_Final_Design_2023-1031.docx PLAN SHEET LIST Plan Description 60% Design 90% Design to Final Design Cover and Index 1 1 Legend, Notes & Abbreviations 1 1 Alignment and Right of Way Plans 3 3 Typical Sections 2 2 Site Preparation and TESC Plans 3 3 Site Preparation and TESC Details 1 2 Roadway Plan and Profiles 3 3 Paving Details 1 2 Intersection Grading and Curb Ramp Plans 3 3 Pavement Marking and Signing Plans 3 3 Pavement Marking and Signing Details 1 1 Signing Schedules 0 1 Illumination and RRFB Plans 3 3 Illumination and RRFB Plans Details 0 2 Drainage Plans and Profiles 3 3 Detention Pond and Access Roads 1 1 Detention Pond Details 0 1 Drainage Details 2 4 Retaining Wall Plans and Profiles 2 2 Retaining Wall Details 0 0 Landscape Plans 4 4 Landscape Details 0 1 Irrigation Plans 3 3 Irrigation Details 0 1 Traffic and Pedestrian Control Plans 0 5 TOTAL PLAN SHEETS 40 55 City of Arlington Council Agenda Bill PH #1 Attachment November 20, 2023 2024 Proposed Tax Levy Scenarios Property Tax Resolution – 1% increase Property Tax Resolution – reflecting 90% banked capacity Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: taking a 1% increase over the prior year levy, the other option is using 90% of the city’s banked property tax capacity. A public hearing will be held on November 20, 2023 to allow for public comment on the proposed options. On November 20, after the Public Hearing, Council will need to take action. A resolution must be submitted to the County on or before November 30. A budget retreat was held on October 6, 2023 to discuss the 2024 proposed property tax levy. Council reviewed and discussed additional scenarios at the October 23, 2023 workshop. ALTERNATIVES: “status quo” resolution as presented, and authorize the Mayor to sign it”; or (b) “I move to approve the “90% of banked capacity” resolution as presented, and authorize the Mayor to sign it.” TAX LEVY SCENARIOS 2024 Tax Year Status Quo Scenario 1 1% increase 90% of Banked Capacity Per County - Estimated 0.6389 0.6389$ 2024 Estimated Levy Rate per $1,000 0.6358$ 0.9847$ Expected Change in Levy Rates (Cost/Thousand)(0.00) 0.3458$ Expected Annual Change on $554,200 Value (1.75)$ 191.61$ Expected Monthly Change on $554,200 Value - 15.96$ November 13, 2023 RESOLUTION NO. 2023 - XX A RESOLUTION OF THE CITY OF ARLINGTON ESTABLISHING THE 2024 REGULAR PROPERTY TAX LEVY WHEREAS, the City Council of the City of Arlington has met and considered its biennial budget for the years 2023-2024; and WHEREAS, the City’s Regular Property Tax actual levy amount from the previous year (2023) was $2,978,327.99; and WHEREAS, the population of the City of Arlington is more than 10,000, and BE IT RESOLVED by the City Council of the City of Arlington that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2024 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $29,783.28 which is a percentage increase of 1% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred and refunds made. PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular meeting held on the 20th day of November, 2023. Barbara Tolbert, Mayor ATTEST: ______________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ______________________________ Steve Peiffle, City Attorney RESOLUTION NO. 2023 - XX A RESOLUTION OF THE CITY OF ARLINGTON ESTABLISHING THE 2024 REGULAR PROPERTY TAX LEVY WHEREAS, the City Council of the City of Arlington has met and considered its biennial budget for the years 2023-2024; and WHEREAS, the City’s Regular Property Tax actual levy amount from the previous year (2023) was $2,978,327.99; and WHEREAS, the population of the City of Arlington is more than 10,000, and BE IT RESOLVED by the City Council of the City of Arlington that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2024 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $1,759,557.33 which is a percentage increase of 59% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred and refunds made. PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular meeting held on the 20th day of November, 2023. Barbara Tolbert, Mayor ATTEST: ______________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ______________________________ Steve Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB #1 Attachment F COUNCIL MEETING DATE: November 20, 2023 SUBJECT: Ordinance Approving Amendment to AMC Title 13 Water and Sewers ATTACHMENTS: Ordinance, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The proposed amendment to AMC Title 13 Water and Sewers is a City-initiated request to revise the sections AMC Chapters 13.04, 13.08, and 13.12. The amendment provides updated regulations regarding utilities residential classifications, water and sewer connections, connection charges, and water/sewer/stormwater rates. HISTORY: The AMC Title 13 Code Amendments were proposed with the 2023 Docket. The proposed code amendments are required to be updated to include accessory dwelling unit connection standards. ALTERNATIVES: Remand to staff for additional information. I move to approve the amendment to AMC Title 13 Water and Sewers and authorize the Mayor to sign the ordinance. ORDINANCE NO. 2023-XXX 1 ORDINANCE NO. 2023-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING TITLE 13 OF THE ARLINGTON MUNICIPAL CODE REGARDING 13.04 WATER REGULATIONS, 13.08 SEWER REGULATIONS, AND 13.12 UTILITY RATES UNDER CITY PLANNING NO. PLN 1036 WHEREAS, the city has proposed an update to regulations of 13.04, 13.08, and 13.12 to provide utility requirements for Accessory Dwelling Units; and WHEREAS, the Arlington Planning Commission considered the revisions at docketing meetings on March 7, 2023 and March 21, 2023, and then on September 5, 2023, October 3, 2023 and at a public hearing conducted on October 17, 2023; and WHEREAS, the Planning Commission made findings and provided its recommendations to the City Council concerning the proposed changes; and WHEREAS, the City Council considered the revisions at docketing meetings on April 10, 2023 and April 17, 2023; and WHEREAS, the City Council considered the same at a workshop held on November 13, 2023, their regular meeting on November 20, 2023, and considered them along with the Planning Commission recommendations; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the amendments were presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, the City Council has considered the proposed amendment to the municipal code and finds it to be consistent with city and state law and in the best interests of the citizens; and NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code section 13.04.180 shall be and hereby is amended as follows: 13.04.180 - Engineering and design requirements. (a) General. (1) The property owner is responsible for water system design. (2) The water system designer must be a civil engineer licensed in the state of Washington and qualified by both experience and educational background in the design of water facilities. ORDINANCE NO. 2023-XXX 2 (3) Engineering and design shall conform to the City of Arlington Design and Construction Standards and Specifications manual. (b)Water facility requirements. (1) Whenever property is developed or redeveloped in any way such that water demand or use is altered, new water facilities are required whenever necessary to: A. Meet fire flow and other fire protection requirements, including the number and location of fire hydrants and fire sprinkler components, as determined by the fire marshal's office of the jurisdiction in which the project is located. B. Meet domestic and irrigation flow requirements. See the engineering standards. C. Meet pressure requirements. See the engineering standards. D. Replace or relocate existing facilities as required or authorized by the utility. (2) Whenever property is developed or redeveloped, water mains shall be extended through and to the extremes of the property being developed as required by the utility when needed for the orderly extension or efficient gridding of the public water system. A utility easement will be issued to the City for all water mains on the property being developed or redeveloped. (3) Whenever property is developed for an accessory dwelling unit (ADU) the property owner is required to provide the following: A. Attached ADUs do not require any additional water service connections; the existing water meter serving the principal residence can serve the Attached ADU. Any additional plumbing required for the Attached ADU shall be permitted through the remodel or addition building permit. B. Detached ADUs require a separate meter for water service. The Detached ADU meter can be tapped off the existing water service line that serves the principal residence meter. The property owner is required to pay for an additional water meter and installation fee, pressure reducing valve and all new water service lines necessary to serve the Detached ADU. A new water connection fee is not applied. Monthly fees are determined by the current water rates. C. If a Detached ADU is sold through the conveyance of a condominium unit independent of the principal residence, or through other means, then the Detached ADU water meter must be disconnected from the principal residence water service line and a new Water Service Application submitted to the Community and Economic Development Department. This will be a new water service to the Detached ADU with current connection fees and other applicable water service requirements. (c) Water service design. (1) Water services shall be sized and designed in accordance with the Engineering Standards. ORDINANCE NO. 2023-XXX 3 (2)Each premise shall have appropriately sized and designed separate water service or services. All services shall be metered. (3)No water service or water main shall be located under or within five feet of any building. (d) Cross-connection control. All connections to the public water system shall comply with the backflow prevention requirements of AMC 13.04.270. Section 2. Arlington Municipal Code section 13.08.130 shall be and hereby is amended as follows: 13.08.130 - Connections or modifications to the sewer system. (a) Connection to the Sewer System Required. (1) All structures which contain facilities for the disposal of sewage shall connect to the public sewer system unless a variance is granted pursuant to subsection (b) of this section. When sanitary sewer service is not available and is required, the utility shall require the property owner to install a sewer main extension. (2) Connections or modifications to the sewer system, including, but not limited to, the installation or repair of sewer mains or side sewers, and abandonment or removal of any structure connected to the public sewer system shall occur only if: (A) Approval has been received from the utility; and (B) All applicable requirements of this code and utility procedures have been met; and (C) All applicable engineering standards have been met or alternative standards have been approved by the utility as substantially equal; and (D) The property owner has paid all applicable fees and charges; and (E) Any existing on-site sewage disposal facilities are disconnected in accordance with health department requirements; and (F) The property is within the utility service area. (3) Existing properties must connect to the public sanitary sewer system within one hundred eighty days of the sewer becoming available. (4) Whenever property is developed or redeveloped for an accessory dwelling unit (ADU), the property owner is required to provide the following: (A) Attached ADUs do not require any additional connections to the sewer collection system, the existing sewer lines serving the principal residence can be used for the Attached ADU. Any additional plumbing within the residence to serve the Attached ADU shall be permitted through the remodel or addition building permit. ORDINANCE NO. 2023-XXX 4 (B) Detached ADUs are required to extend the side sewer line serving the principal residence to the Detached ADU unit. The property owner is required to submit construction drawings for the side sewer extension and pay a side sewer inspection fee. A new sewer connection fee is not applied. Monthly fees are determined by the current sewer rates. (C) If a Detached ADU is sold through the conveyance of a condominium unit independent of the principal residence, or by other means, then the Detached ADU side sewer service line must be disconnected from the principal residence side sewer service line and a new Sewer Service Application submitted to the Community and Economic Development Department. This will be a new sewer service to the Detached ADU with current connection fees and other applicable sewer service requirements. Section 3. Arlington Municipal Code section 13.12 shall be and hereby is amended as follows: 13.12.20 - Classifications defined. (a) Single Family Residential (SFR) Unit. A single-family residential building, or a single-family detached dwelling unit, that is designed for, permitted for, and occupied exclusively by one family, and includes manufactured homes and mobile homes, and is served by a single metered water meter. Each single family residential unit shall be charged a minimum of one base charge based on the meter size, as hereinafter defined, plus a charge based on the amount of water consumption. (b) Accessory Dwelling Units (ADU). An ADU is defined as a residential living unit in AMC 20.44.042. (c) Multi-Family Residential (MFR) Unit. A multifamily residential unit, also referred to as a multi- dwelling unit, is a classification of housing where multiple separate housing units designed and permitted for residential inhabitants are contained within one building, or several buildings within one complex, and are served by a single water meter. These structures may include duplexes, triplexes, quadplexes, apartments, townhouses, condominiums, and mobile home parks. Each multifamily residential metered water service shall be charged a minimum of one base charge based on meter size, as hereinafter defined, plus a charge based on the amount of water consumption. (d) Commercial Units or Industrial Units. A commercial unit or industrial unit consists of any public or private premises not defined as a SFR unit or MFR unit, that has a metered water service and as hereinafter defined: (1) Premises designed, permitted and occupied by only one business or activity or tenant shall be deemed a separate commercial unit. Each such commercial unit or industrial unit shall be charged one base charge, as hereinafter defined, based on the meter size, plus a charge based on the amount of water consumption. ORDINANCE NO. 2023-XXX 5 (2) In case of multiple-occupancy commercial or industrial facilities served by a single water meter, the individual/entity to whom the water account is registered shall be charged one base charge based on actual meter size, plus a charge based on amount of water consumption. (e) Outside City Limits. Water service(s) that are not located within Arlington city limits but are within the Arlington Water Utility service area. 13.12.120 - Residential classifications. Single family residential (SFR) unit shall be as defined in Section 13.12.020. Accessory dwelling unit (ADU) shall be as defined in Section 13.12.020. Multi-family residential (MFR) unit shall be as defined in Section 13.12.020. 13.12.510 - Classification of property. The city engineer shall estimate or measure the impervious area of each parcel of developed real property within the boundaries of the utility to determine the number of equivalent service units (ESUs), as defined in Section 13.28.050(m), that are contained therein; six thousand square feet of impervious area shall equal one ESU. See Table 2. (1) All single-family residences, duplexes, triplexes and detached accessory dwelling units are deemed to contain one ESU per dwelling unit. Attached accessory dwelling units are calculated with the existing primary unit. (2) For all other developed real properties, including multifamily, condominiums and mobile home parks, the utility shall determine the number of ESUs contained thereon by dividing the number of square feet of impervious area on each property by six thousand; the total thus obtained will be rounded to the nearest whole number representing the ESUs contained on such property. (3) Each developed parcel of property shall be deemed to contain a minimum of one ESU. Credits shall not reduce this minimum. Table 2. Property Classification and ESUs for Stormwater Rate Assessment ORDINANCE NO. 2023-XXX 6 Undeveloped 0 Residential, SFR 1 Residential, Duplex 2, 1 per dwelling unit Residential, Triplex 3, 1 per dwelling unit Residential, ADU Attached: with principal structure Detached: 1 per ADU condominiums, mobile home parks) Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 5. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2023. ORDINANCE NO. 2023-XXX 7 CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney Staff Report & Recommendation Title 13 Code Amendments – PLN#1036 Page 1 of 3 CITY COUNCIL STAFF REPORT & RECOMMENDATION To: City Council From: Amy Rusko, Planning Manager Date: November 13, 2023 Regarding: 2023 AMC Title 13 Code Amendment – PLN#1036 A. INTRODUCTION The 2023 AMC Title 13 – Water and Sewers Code Amendment including updates to multiple sections to provide criteria regarding utility connection regulations for Accessory Dwelling Units is a City-initiated amendment Arlington Municipal Code. B. GENERAL INFORMATION Applicant: City of Arlington Project Description: 2023 AMC Title 13 Code Amendment Requested Action: Recommendation to City Council C. DETAILED PROJECT INFORMATION The City of Arlington has initiated a code amendment to AMC Title 13 Water and Sewers Code. The City is proposing revisions to the following sections AMC Chapter 13.04, 13.08, and 13.12. The amendment provides updated regulations regarding utilities provided for Accessory Dwelling Units. The revisions include definitions, housing type classifications, residential classifications, water and sewer connections, connection charges, and water/sewer/stormwater rates. D. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE: Type of Determination Issued Date Distribution and Public Notice SEPA Determination N/A Code amendments outside of AMC Title 20 are not required to be reviewed under SEPA. Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Staff Report & Recommendation AMC Title 13 Code Amendments – PLN#1036 Page 2 of 3 2. PUBLIC NOTIFICATION/INVOLVEMENT: Public Notice and Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations 3/7/2023, 3/21/2023, 4/10/2023, 4/17/2023, 9/5/2023, 10/3/2023, and 10/17/2023 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Code amendments outside of AMC Title 20 are not required to be sent to the Department of Commerce. Planning Commission Public Hearing 10/17/2023 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 9/27/2023 City Council Public Meeting Presentations Workshop: 11/13/2023 Meeting: 11/20/2023 City Public Notice Website City Council Agenda Online City Council Email Distribution List 3. COMPREHENSIVE PLAN COMPLIANCE: Policy Policy Description Summary N/A Code amendments outside of AMC Title 20 do not have the requirement of meeting the 4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. processed through the 2023 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development. process. The City Council approved the 2023 Final Docket through Resolution 2023-004. Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106. outside of AMC Title 20 and amendments are not required to be sent to the Department of Commerce. Staff Report & Recommendation AMC Title 13 Code Amendments – PLN#1036 Page 3 of 3 Regulation Meets Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020. hearing at the October 17, 2023 Planning Commission Meeting. The public noticing is described under Section 2 above. Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision. Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting. Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and conditions. provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision. E. RECOMMENDATION Staff recommends that the City Council approves the 2023 AMC Title 13 Water and Sewers Code Amendment, PLN#1036. 13.04.180 - Engineering and design requirements. 13.08.130 - Connections or modifications to the sewer system. 13.12.020 - Classifications defined. 13.12.510 - Classification of property. City of Arlington Council Agenda Bill Item: NB #2 Attachment G COUNCIL MEETING DATE: November 20, 2023 SUBJECT: Ordinance Approving Amendment to Arlington Municipal Code (AMC) Chapter 20.44 Supplemental Uses ATTACHMENTS: Ordinance, Planning Commission Findings of Fact, Staff Report, and Supporting Documents DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The amendment to AMC Chapter 20.44 Supplemental Uses is a City-initiated request to update Section 20.44.032 – Master Planned Neighborhoods and Section 20.44.042 – Accessory Dwelling Units. Section 20.44.032 amends the procedure and requirements for parcels within the Master Plan Neighborhood Overlay of the city. The update amends the title of the section to Subarea Plans and establishes criteria and procedures for both private and public initiated subarea plComprehensive Plan that distinguish specific geographical areas and existing neighborhoods within the community. The intent of creating subareas is to develop a subarea plan for each area of the city that contains specific policies and criteria to guide land development, incorporate missing middle housing options, transportation facilities, community facilities, infrastructure and capital improvement decisions that provide for a more coordinated, efficient, and effective structure for predictable neighborhood planning. Section 20.44.042 amends the requirements and criteria set forth for Accessory Dwelling Units per Engrossed House Bill 1337 as filed to the Secretary of State of the State of Washington on May 10, 2023. The amendments follows the criteria adopted by the State of Washington and all updates to RCW 36.70A, RCW 43.21C, and RCW 64.32, 64.34, 64.38, 64.90 HISTORY: The AMC Chapter 20.44 Zoning Code Amendments were proposed with the 2023 Docket. The proposed zoning code amendments are required to establish subarea planning in the city and to meet the accessory dwelling unit requirements from the state. ALTERNATIVES: Remand to staff for additional information. I move to approve the ordinance amending AMC Chapter 20.44 and authorize the Mayor to sign the ordinance. ORDINANCE NO. 2023-XXX 1 ORDINANCE NO. 2023-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE SECTIONS 20.44.032 REGARDING MASTER PLANNED NEIGHBORHOOD DEVELOPMENT AND 20.44.042 REGARDING ACCESSORY DWELLING UNITS UNDER CITY PLANNING NO. PLN 1038 WHEREAS, the city has proposed an update to regulations to change Master Planned Neighborhood Development to Subarea Plans; and WHEREAS, the city has proposed an update to regulations regarding Accessory Dwelling Units; and WHEREAS, the Arlington Planning Commission considered the revisions at docketing meetings on March 7, 2023 and March 21, 2023, and then on September 5, 2023, October 3, 2023 and at a public hearing conducted on October 17, 2023; and WHEREAS, the Planning Commission made findings and provided its recommendations to the City Council concerning the proposed changes; and WHEREAS, the City Council considered the revisions at docketing meetings on April 10, 2023 and April 17, 2023; and WHEREAS, the City Council considered the same at a workshop held on November 13, 2023, and their regular meeting on November 20, 2023, and considered them along with the Planning Commission recommendations; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the amendments were presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, the City Council has considered the proposed amendment to the municipal code and finds it to be consistent with city and state law and in the best interests of the citizens; and NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code section 20.44 shall be and hereby is amended to read as follows: 20.44.032 Subarea Plans (a) The Comprehensive Plan designates fourteen subareas that distinguish specific geographical areas and existing neighborhoods within the community. The intent of creating subareas is to develop a subarea plan for each area of the city that ORDINANCE NO. 2023-XXX 2 contains specific policies and criteria to guide land development, incorporate missing middle housing options, transportation facilities, community facilities, infrastructure and capital improvement decisions that provide for a more coordinated, efficient, and effective structure for predictable neighborhood planning. The subarea plans encompass both newly created subareas and those that work with existing neighborhoods to provide criteria for infill and redevelopment purposes. (b) The subarea plans are to be produced by the city, with the exception of two areas designated on the City’s Zoning Map and Future Land Use Map with the Master Planned Neighborhood (MPN) Overlay. These two areas are known as East Hill and Lindsay Annexation (portion of Hilltop). The list of subareas is listed below: (1) Arlington Terrace (2) Cascade Industrial Center (3) Crown Ridge (4) East Hill (5) Edgecomb (6) Gateway (7) Gleneagle (8) Haller City (9) Hilltop (10) Island Crossing (11) Kent Prairie (12) Old Town (13) Smokey Point (14) West Bluff (c) A subarea plan is typically developed to encompass the entire subarea, however under certain circumstances it may be developed to include only specific neighborhoods, corridors, downtown, or other types of special districts that show cohesive characteristics. The East Hill and Lindsay Annexation subareas shall be developed in their entirety. (d) As subarea plans are created, elements of form based code are proposed to be included to provide the community with a predictable design and development pattern that is customized for the specific area. (e) Subarea plans are to be processed in conjunction with a Planned Action Environmental Impact Statement (EIS). A planned action is a development project whose impacts have been identified and addressed through an EIS associated with the subarea plan for the specific geographical area before individual projects are proposed. A planned action involves detailed State Environmental Policy Act (SEPA) review and preparation of EIS documents in conjunction with subarea plans, consistent with RCW 43.21C.031 and WAC 197-11-164 through WAC 197- ORDINANCE NO. 2023-XXX 3 11-172. The up front analysis of impacts and mitigation measures then facilitates environmental review of subsequent individual development projects. (f) A subarea plan application under the Master Planned Neighborhood (MPN) Overlay shall include the following information: (1) A land use application and submittal checklist with all required documents. (2) Permit fee, as shown on the most current fee schedule. (3) The subarea plan shall include the following elements: i. One element shall be small lot detached single-family residential or cottage housing, with a minimum lot size of 3,600 square feet and a maximum of 4,500 square feet and consisting of seventy (70) percent of the total lots. ii. Second element shall be attached residential, such as townhomes, row houses, or duplexes, and shall be developed as fee simple lots through a unit lot subdivision (subject to §20.44.020 Unit Lot Subdivisions) and consisting of twenty (20) percent of the total lots. iii. Third element shall be one of the below options and shall consist of ten (10) percent of the total lots. (A) Accessory Dwelling Unit (constructed with residence) (B) Mixed-Use Development (vertical) (C) Multi-Family Apartments (D) Multi-Family Fourplex (E) Multi-Family Garden Apartments (F) Small Commercial iv. Fourth element shall be the location of Recreational Facilities, Open Space, and Trail System that consists of ten (10) percent of the total area of land, minus areas to be preserved as Native Growth Protection Areas (NGPA). (A) This designation shall include areas proposed to be dedicated to the city as public spaces. All dedicated parks shall be a minimum of two (2) acres in size and coordinated with the city prior to approval. (B) The trail system shall consist of a paved trail that connects the required sidewalk system and to all recreation facilities and open spaces. (4) The subarea plan shall show the location of each housing type listed above in the way of a subdivision layout. (5) The architectural design of the structures shall comply with the Development Design Standards pursuant to §20.46 Design. (6) The subarea plan shall show the conceptual infrastructure plans that include location, types, and sizes of streets, sewer, water, stormwater, etc. (7) Public infrastructure impacts and financing strategies including any improvements to existing on or off-site facilities necessary to support the proposed subarea plan. (8) Transportation impact analysis and financing strategies including any improvements to existing on or off-site facilities necessary to support the ORDINANCE NO. 2023-XXX 4 proposed subarea plan. The analysis shall also include all current and future designated multi-model plans. (9) The subarea plan shall adhere to the Arlington Complete Streets Program. (10) The subarea plan shall provide anticipated phasing or sector lines on the subarea map. (g) The subarea plan for the East Hill and Lindsay Annexation area serves as the typical preliminary plat document for development and shall follow the process of a conditional use permit (§20.16.225 Special Use Permits and Conditional Use Permits). (h) The subarea plan is subject to a Public Hearing before the Hearing Examiner and shall follow the hearing procedures of §20.24 (Hearing and Pre-Hearing Procedures and Appeals and Applications). (i) In approving a subarea plan, the city may require the plan to comply with site specific development regulations that the city deems appropriate and approved by the hearing examiner. (j) The approved subarea plan is required to be recorded with the Snohomish County Auditor Office. (k) After recording, subsequent land use permits (final plats or unit lot subdivisions), civil permits, and building permits are required to be submitted and approved prior to development on any lots. Procedures for these permits are found in the Arlington Municipal Code. Section 2. Arlington Municipal Code section 20.44.042 shall be and hereby is amended to read as follows: 20.44.042 Accessory Dwelling Units (ADU). (a) An ADU is defined as a residential living unit providing independent living facilities and permanent provisions for sleeping, cooking, sanitation, and living on the same lot as a single-family home, duplex, triplex, townhome, or other housing unit. An attached ADU is a dwelling unit located within or attached to another housing unit. A detached ADU is separate and detached from the primary housing unit. (b) All ADUs require the property owner to apply for a building permit in order to ensure that the structure meets the requirements of the Arlington Municipal Code and the International Residential Code. (c) An ADU is required to meet the following criteria and be in compliance with RCW 36.70A, RCW 43.21C, and RCW 64.32, 64.34, 64.38, 64.90: (1) ADUs are allowed on the same lot as a single family residence or where the property is owned by the same person that owns the primary housing unit (fee simple lot) and can meet the criteria of this code section. (2) The owner of the property shall not be required to reside in or occupy the primary housing unit or the ADU on the same lot. (3) ADUs are allowed in any zoning district that allows for single family residences. ORDINANCE NO. 2023-XXX 5 (4) Two ADUs on all lots that are located in all zoning districts that allow for single-family homes in the following configurations: 1. One attached ADU and one detached ADU unit; or 2. Two attached ADUs; or 3. Two detached ADUs, which may be comprised of either one or two detached structures. (5) ADUs are allowed on any lot that meets the minimum lot size required for the principal residence. (6) The maximum gross floor area for each ADU is 1,000 square feet. (7) The roof height of an ADU is required to meet the underlying zone height limitation, unless the height of the principal unit is less than 24 feet, in which case, the maximum height of an ADU shall be 24 feet. (8) The ADU setback requirements shall meet the density and dimensional standards of the underlying zoning of the property and be in compliance with AMC Chapter 20.48, except ADUs abutting and served by an alley are allowed a zero lot line setback. (9) An ADU is required to meet any governing documents associated with the protection of public health and safety, ground and surface waters, and critical areas. (10) The number of ADUs on a property may be limited or restricted if the site contains unsuitable physical characteristics, such as critical areas, designated as wetlands, fish and wildlife habitat, flood plains, or geologically hazardous areas. The property shall be in compliance with AMC Chapter 20.93 – Critical Area Ordinance. (11) An ADU is required to be consistent with the architectural character of the principal residence and comply with the Development Design Standards for the zone in which the ADU is located. Materials, roof forms, and window proportions shall match that of the principal unit/building. The review of the design will be conducted administratively with the building permit. (12) Any major exterior additions or alterations for an attached ADU shall be located to the side or rear of the principal residence. (13) A detached ADU is not allowed in the required front or side setback of the existing primary residence on the site unless the side setback abuts an alley. (14) The construction of an ADU shall not require new public street improvements. (15) ADU Parking Requirements: 1. One parking space per ADU is required on lots less than 6,000 square feet. 2. Two parking spaces per ADU is required on lots greater than 6,000 square feet. 3. If located within one-half mile of a major transit stop, then no parking spaces are required. (16) An ADU is required to connect to both city water and wastewater systems. The ADU shall meet the utility connection criteria of AMC Title 13. ORDINANCE NO. 2023-XXX 6 (17) An ADU shall pay fifty percent (50%) of the city transportation impact fee and community park impact fee for a single-family dwelling unit. Fees are regulated by AMC Chapter 20.90. (18) An ADU is exempt from city transportation impact fees, park impact fees, and off-street parking requirements (only if parking is available on an abutting public street), but only if a restrictive covenant is recorded on the property stating the ADU shall be rented at an affordable rate of 60% AMI or less for a duration of 50 years. The restrictive covenant shall be reviewed and approved by the city, recorded with the Snohomish County Auditor’s Office, and a conformed copy returned to the Community and Economic Development Department. (19) A detached ADU is allowed to be sold separately through the conveyance of a condominium unit of the principal residence. To complete the conveyance of a condominium unit the detached ADU shall meet the utility connection regulations of AMC Chapter 13.04 and 13.08. The declaration of condominium documents are required to be submitted to the city for review and approval. Once approved by the city the document shall be recorded with the Snohomish County Auditor’s Office and a conformed copy returned to the Community and Economic Development Department. (20) The land on which the ADU is located shall not be subdivided from the land on which the primary dwelling unit is located. Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 4. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2023. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor ORDINANCE NO. 2023-XXX 7 ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ________________________________ Steven J. Peiffle, City Attorney Staff Report & Recommendation AMC Chapter 20.44 Zoning Code Amendments – PLN#1038 Page 1 of 8 CITY COUNCIL STAFF REPORT & RECOMMENDATION To: City Council From: Amy Rusko, Planning Manager Date: November 13, 2023 Regarding: 2023 AMC Chapter 20.44 Zoning Code Amendment – PLN#1038 A. INTRODUCTION The AMC Chapter 20.44 – Supplemental Uses Zoning Code Amendments including updates to Section 20.44.032 – Master Planned Neighborhoods and Section 20.44.042 – Accessory Dwelling Units is a City-initiated amendment Arlington Municipal Code. The proposed Accessory Dwelling Units code amendment has been revised after receiving public comment. B. GENERAL INFORMATION Applicant: City of Arlington Project Description: 2023 AMC Chapter 20.44 Zoning Code Amendment Requested Action: City Council Approval C. DETAILED PROJECT INFORMATION The 2023 AMC Chapter 20.44 Zoning Code Amendments include updates to Section 20.44.032 – Master Planned Neighborhoods and Section 20.44.042 – Accessory Dwelling Units. Section 20.44.032 amends the procedure and requirements for parcels within the Master Plan Neighborhood Overlay of the city. The update amends the title of the section to Subarea Plans and establishes criteria and procedures for both private and public initiated subarea plans. The subarea plans correlate to the fourteen subareas of the City’s Comprehensive Plan that distinguish specific geographical areas and existing neighborhoods within the community. The intent of creating subareas is to develop a subarea plan for each area of the city that contains specific policies and criteria to guide land development, incorporate missing middle housing options, transportation facilities, community facilities, infrastructure and capital improvement decisions that provide for a more coordinated, efficient, and effective structure for predicable neighborhood planning. Section 20.44.042 amends the requirements and criteria set forth for Accessory Dwelling Units per Engrossed House Bill 1337 as filed to the Secretary of State of the State of Washington on May 10, 2023. The amendments follows the criteria adopted by the State of Washington and all updates to RCW 36.70A, RCW 43.21C, and RCW 64.32, 64.34, 64.38, 64.90 Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Staff Report & Recommendation AMC Chapter 20.44 Zoning Code Amendments – PLN#1038 Page 2 of 8 D. AMC SECTION 20.44.042 COMPLIANCE WITH ENGROSSED HOUSE BILL 1337 1. Department of Commerce – Guidance for Accessory Dwelling Units in Washington State AMC 20.44.042 Code Section Compliance 1. Allow two ADUs per lot or where the property is owned by the same person that owns the primary housing unit (fee simple lot) and can meet the criteria of this code section. (c)(3) ADUs are allowed in any zoning district that allows for single family residences. (c)(4) Two ADUs on all lots that are located in all zoning districts that allow for single-family homes in the following configurations: i. One attached ADU and one detached ADU unit; or ii. Two attached ADUs; or iii. Two detached ADUs, which may be comprised of either one or two detached structures. (c)(5) ADUs are allowed on any lot that meets the minimum lot size required for the principal residence. (c)(9) An ADU is required to meet any governing documents associated with the protection of public health and safety, ground and surface waters, and critical areas. (c)(10) The number of ADUs on a property may be limited or restricted if the site contains unsuitable physical characteristics, such as critical areas, designated as wetlands, fish and wildlife habitat, flood plains, or geologically hazardous areas. The property shall be in compliance with AMC Chapter 20.93 – Critical Area Ordinance. (c)(16) An ADU is required to connect to both city water and wastewater systems. The ADU shall meet the utility connection criteria of AMC Title 13. 2. Do not require owner occupancy occupy the primary housing unit or the ADU on the same lot. 3. Allow separate sale of ADUs conveyance of a condominium unit of the principal residence. To complete the conveyance of a condominium unit the detached ADU shall meet the utility connection regulations of AMC Chapter 13.04 and 13.08. The declaration of condominium documents are required to be submitted to the city for review and approval. Once approved by the city the document shall be recorded with the Snohomish County Auditor’s Office and a conformed copy returned to the Community and Economic Development Department. (c)(20) The land on which the ADU is located shall not be subdivided from the land on which the primary dwelling unit is located. 4. Set off-street parking requirements consistent with HB 1337 i. One parking space per ADU is required on lots less than 6,000 square feet. ii. Two parking spaces per ADU is required on lots greater than 6,000 square feet. iii. If located within one-half mile of a major transit stop, then no parking spaces are required. Staff Report & Recommendation AMC Chapter 20.44 Zoning Code Amendments – PLN#1038 Page 3 of 8 Requirements for Cities and Urban Growth Areas AMC 20.44.042 Code Section Compliance 5. Set maximum size limits at no less than feet. 6. Reduce setbacks for ADUs (especially rear setbacks) dimensional standards of the underlying zoning of the property and be in compliance with AMC Chapter 20.48, except ADUs abutting and served by an alley are allowed a zero lot line setback. 7. Limit use of design standards character of the principal residence and comply with the Development Design Standards for the zone in which the ADU is located. Materials, roof forms, and window proportions shall match that of the principal unit/building. The review of the design will be conducted administratively with the building permit. (c)(12) Any major exterior additions or alterations for an attached ADU shall be located to the side or rear of the principal residence. (c)(13) A detached ADU is not allowed in the required front or side setback of the existing primary residence on the site unless the side setback abuts an alley. 8. Allow ADUs of a least 24 feet in height underlying zone height limitation, unless the height of the principal unit is less than 24 feet, in which case, the maximum height of an ADU shall be 24 feet. 9. Reduce impact fees transportation impact fee and community park impact fee for a single-family dwelling unit. Fees are regulated by AMC Chapter 20.90. 10. Other fees and exactions street improvements. Recommendations for Cities and Other Urban Areas AMC 20.44.042 Code Section Compliance 1. Allow prefabricated units The City has not added this recommendation to the ADU code amendment. 2. Streamline ADU Permit Processes The City shall develop an application and submittal checklist for an ADU. The existing process for all permits is streamlined. The land use and design criteria are reviewed with the building permit. 3. Offer incentives to encourage ADUs that are affordable to lower income households park impact fees, off-street parking requirements (only if parking is available on an abutting public street), but only if a restrictive covenant is recorded on the property stating the ADU shall be rented at an affordable rate of 60% AMI or less for a duration of 50 years. The restrictive covenant shall be reviewed and approved by the city, recorded with the Snohomish County Auditor’s Office, and a conformed copy returned to the Community and Economic Development Department. Staff Report & Recommendation AMC Chapter 20.44 Zoning Code Amendments – PLN#1038 Page 4 of 8 E. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE: Type of Determination Issued Date Distribution and Public Notice SEPA Determination on Non-Significance (DNS) 8/30/2023 City Public Notice Website Emailed to Review Agencies Posted at City Hall, Arlington Library, Smokey Point Post Office The Herald Published Date – 9/1/2023 Comment Period – 9/1/2023 to 9/15/2023 Public comments received during the public comment period. Comment Summary City Response The Tulalip Tribes provided comments concerning the potential impacts the proposed increased density could have on adjacent critical areas. 9/06/2023 The increase in density is required per the population allocation that was received by the city. The subarea standards would ensure for more compact building areas that would leave space for critical areas in the Master Planned Neighborhood Overlay zones. ADU requirements were produced by the State to follow. The City is still required to comply with the Critical Area Ordinance and Department of Ecology regulations. Master Builders Assoc. provided comments requesting removal of the proposed ADU utility connection requirements if a property is converted into a condominium and removal of the 60% AMI restriction on the sale of a condominium unit. 9/15/2023 Staff does not believe the city is in violation of 64.34.050(1) for the utility connection requirement. Utilities are governed by the City of Arlington Public Works Department. Other detached or attached residential units that are comparable to ADUs (single family, duplexes, and townhouse) are required to have separate water and sewer connections to each unit. An ADU would not be treated any differently. The exception is that if the ADU is owned by the same owner as the primary residence then the city is willing to allow for flexibility. Staff concurred that the 60% AMI requirement cannot be tied to the conveyance of a condominium unit. Staff has updated the code amendments based on the guidance from the Department of Commerce and ordinance from other cities in the state that have recently passed updated ADU codes. 2. PUBLIC NOTIFICATION/INVOLVEMENT: Public Notice and Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations 4/10/2023, 4/17/2023, 9/5/2023, 10/3/2023, and Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for Expedited Review – 8/29/2023 Deadline for Expedited Review – 9/12/2023 Planning Commission Public Hearing 10/17/2023 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 9/27/2023 City Council Public Meeting Presentations Workshop: 11/13/2023 Meeting: 11/20/2023 City Public Notice Website City Council Agenda Online City Council Email Distribution List Staff Report & Recommendation AMC Chapter 20.44 Zoning Code Amendments – PLN#1038 Page 5 of 8 3. COMPREHENSIVE PLAN COMPLIANCE: Policy City of Arlington Policy Description GO – 1 Ensure City Goals and Policies are consistent with the Growth Management Act. GO – 3 Work towards promoting and maintaining an urban environment within the City that enhances livability for its residents. GH – 1 Diversify the City’s housing stock. GH – 2 Ensure the development of new multi-family housing and small single-family units occur within close proximity to commercial areas within the City. GH – 8 Promote and facilitate the provisions of affordable housing in all areas and zoning districts of the city. GL – 1 Work to ensure that the character and location of land uses optimize the economic benefit, enjoyment by residents, and protection of natural resources while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation through the implementation following: Growth Management, Economic Development, Neighborhood Conservation, and Environmental Preservation and Conservation. GL – 4 Accommodate new development in a manner that supports a growth rate consistent with the goals of the State Growth Management Act but also preserves and enhances Arlington’s quality of life, its natural environment, and its historical and cultural amenities. GL – 7 Encourage a mix of residential densities throughout the City. GL – 9 Create pedestrian links between commercial and residential developments. GL – 18 To safeguard communitywide environmental conditions and resources the City will encourage the effective stewardship of the environment and protect critical areas and conserve land, air, water, and energy resources. GL – 19 Require site-sensitive development to protect environmental resources. T – 1 System Development: Plan, develop, and maintain a balanced transportation system for efficient movement of people, goods, and services within the city and between the community and other activity centers in the region. T – 4 Sub-Area Standards for Traffic Facilities: Consider the special needs of subarea transportation facilities including appearance and safety. T – 5 Non-Motorized System Development: Develop transportation strategies that encourage the use of pedestrian, bicycle, and mass transit facilities that will lead to savings of nonrenewable energy sources. T – 9 Critical Areas and Transportation: Design and build roads to minimize environmental impacts to natural areas and critical areas. T – 11 Interjurisdictional Coordination: Coordinate transportation planning efforts with adjacent and regional jurisdictions. Staff Report & Recommendation AMC Chapter 20.44 Zoning Code Amendments – PLN#1038 Page 6 of 8 Policy Countywide Planning Policy Description CPP-HO-2 County and city comprehensive plans shall include policies to meet affordable housing goals consistent with VISION 2050. Jurisdictions should demonstrate within their land use and housing elements that they can accommodate needed housing consistent with the Regional Growth Strategy and Snohomish County Growth Targets. These efforts should include facilitating the regional fair share of affordable housing for very low, low, moderate, and middle-income households and special needs individuals. Housing elements of comprehensive plans shall be periodically evaluated for success in facilitating needed housing. CPP-HO-3 The county and cities should participate in multi-jurisdictional affordable housing programs and engage in other cooperative efforts to promote and contribute to an adequate supply of affordable, special needs, and diverse housing countywide. CPP-HO-4 density housing to help meet future housing needs, diversify the housing stock, and provide more affordable home ownership and rental opportunities. This approach should include code updates to ensure that zoning designations and allowed densities, housing capacity, and other restrictions do not preclude development of moderate density housing. CPP-HO-9 In order to improve the jobs-to-housing balance in Snohomish County, jurisdictions shall adopt comprehensive plans that provide for the development of: a. A variety of housing choices, including affordable housing, so that workers at all income levels may choose to live in proximity to existing and planned employment concentrations and transit service; and b. Employment opportunities in proximity to existing and planned residential communities. CPP-HO-10 Jurisdictions should encourage the use of environmentally sensitive housing development practices and environmentally sustainable building techniques and materials in order to minimize the impacts of growth and development on the county's natural resource systems. This approach should also consider the potential costs and benefits to site development, construction, and building maintenance to balance housing affordability and environmental sustainability. CPP-HO-14 The county and cities should incentivize and promote the development and preservation of long-term affordable housing through the use of zoning, taxation, and other tools, including height or density bonuses, property tax incentives and parking requirement reductions. The incentives should apply where feasible to encourage affordable housing. Policy Multicounty Planning Policy Description MPP-DP-1 Develop high-quality, compact urban communities throughout the region’s urban growth area that impart a sense of place, preserve local character, provide for mixed uses and choices in housing types, and encourage walking, bicycling, and transit use. MPP-DP-2 Reduce disparities in access to opportunity for the region’s residents through inclusive community planning and targeted public and private investments that meet the needs of current and future residents and businesses. MPP-DP-3 Enhance existing neighborhoods to provide a high degree of connectivity in the street network to accommodate walking, bicycling, and transit use, and sufficient public spaces. MPP-H-1 Plan for housing supply, forms, and densities to meet the region’s current and projected needs consistent with the Regional Growth Strategy and to make significant progress towards jobs/ housing balance. MPP-H-2 Provide a range of housing types and choices to meet the housing needs of all income levels and demographic groups within the region. Staff Report & Recommendation AMC Chapter 20.44 Zoning Code Amendments – PLN#1038 Page 7 of 8 Policy Multicounty Planning Policy Description MPP-H-3 Achieve and sustain – through preservation, rehabilitation, and new development – a sufficient supply of housing to meet the needs of low-income, moderate-income, middle-income, and special needs individuals and households that is equitably and rationally distributed throughout the region. MPP-H-6 Develop and provide a range of housing choices for workers at all income levels throughout the region that is accessible to job centers and attainable to workers at anticipated wages. MPP-H-10 Expand housing capacity for moderate density housing to bridge the gap between single-family and more intensive multifamily development and provide opportunities for more affordable ownership and rental housing that allows more people to live in neighborhoods across the region. MPP-H-11 Encourage jurisdictions to review and streamline development standards and regulations to advance their public benefit, provide flexibility, and minimize additional costs to housing. 4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. amendments have followed the provision of Chapter 20.96 by being processed through the 2023 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development. process. The City Council approved the 2023 Final Docket through Resolution 2023-004. Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106. Department of Commerce on August 29, 2023. The city asked for an expedited review process instead of the full 60-day review. This request was granted. Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020. hearing at the October 17, 2023 Planning Commission Meeting. The public noticing is described under Section 2 above. Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision. Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting. Staff Report & Recommendation AMC Chapter 20.44 Zoning Code Amendments – PLN#1038 Page 8 of 8 Regulation Meets 20.96.140 City Council Decision Criteria Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and conditions. provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision. F. RECOMMENDATION Staff recommends that the City Council approves the 2023 AMC Chapter 20.44 Supplemental Uses Zoning Code Amendment, PLN#1038. Title 20--Land Use Code Chapter 20.44: Supplemental Use Regulations City of Arlington 20.44 - 1 Revised October 2022 Chapter 20.44 SUPPLEMENTAL USE REGULATIONS Sections: Part I. General Provisions 20.44.010 Solid Waste, Quarrying, Mining, and Similar Uses. 20.44.016 Mixed Use Developments. 20.44.020 Unit Lot Subdivision (ULSs). 20.44.030 Flexible Development Standards (FDSs) 20.44.032 Master Planned Neighborhood Developments (MPND).Subarea Plans 20.44.034 Wireless Communications Facilities. 20.44.035 Administrative Conditional Use Permits for Homeless Encampments 20.44.037 Administrative Conditional Use Permits for Temporary / Seasonal Use or Special Event 20.44.040 Temporary Emergency, Construction, or Repair Residences. 20.44.042 Accessory Dwelling Units (ADU). 20.44.044 Recreational Vehicles as Temporary Dwelling Units. 20.44.048 Temporary Public Structures. 20.44.060 Minimum Parcel Sizes for Manufactured or Mobile Homes. 20.44.062 Mobile Home Parks. 20.44.064 Trade or Vocational Schools in the OTBD-1. 20.44.066 Storage for Scrap Materials Salvage Yards, Junkyards, Automobile Graveyards, Automobile Recycling Facilities, Construction Yards, and Industrial or Manufacturing Uses. 20.44.068 Adult Family Home 20.44.070 Homes Emphasizing Special Services, Treatment, or Supervision. 20.44.072 Reasonable Accommodation. 20.44.080 Administrative Conditional Use Permit for Mobile Sales and Delivery. 20.44.082 Home Occupations. 20.44.084 Stand Alone Office Uses in the General Industrial Zone. 20.44.090 Outdoor Storage or Display of Retail Items. 20.44.094 Adult Entertainment Facilities. 20.44.096 Penal and Correctional Facilities. 20.44.098 Electric Vehicle Infrastructure. 20.44.032 Master Planned Neighborhood Development (MPND). (a) In any Master Planned Neighborhood district (§20.36.054, Master Planned Neighborhood Overlay District Established) no development may be permitted until the developer has prepared and received approval of a master plan for the entire area included in the MPN district. (b) Since the approval of a master plan affects the zoning, and thus use of the property, said master plan shall be processed as an amendment to this Title (Chapter 20.96). (c) No area of less than twenty contiguous acres may be planned through a MPN approval process, and then only (i) upon the request of the owner or majority of owners of all the property intended to be covered by such an overlay zone, or (ii) by the City Council in implementing the MPN land use designation pursuant to subsection (d). Approval of MPNs is achieved through a rezone process. (d) The MPN district shall be used on any land with a Master Planned Neighborhood land use designation as shown on the Comprehensive Plan Land Use Map. If property is placed in an MPN district by the Council prior to a master plan being developed (§20.44.032 (Master Planned Neighborhood Developments), it shall not show the individual elements until the master plan is approved. (e) For areas designated Master Planned Neighborhood in the Comprehensive Plan, MPND approval may be sought prior to or after annexation to the City. However, in the case where MPND approval is not approved prior to or concurrent with annexation the entire annexation area shall be zoned Suburban Residential until such time that an MPND is approved. (f) At a minimum the master plan shall identify: (1) The locations and sizes of the districts as follows: (i) One element of each MPN district shall be the low-density residential element. Here there is one possibility, using the Residential Ultra Low Capacity district described in §20.36.010 (Residential Districts Established). Within that portion of the MPN zone that is developed for low-density residential purposes, all development must be in accordance with the regulations applicable to the Residential Ultra Low Capacity district. Within any MPND, not less than fifty percent of the total area may be developed for lower density residential (Residential Ultra Low Capacity) purposes. (ii) A second element of each MPN district may be the medium to higher density residential element. Here there are four possibilities, each one corresponding either to the Residential Low Capacity, the Residential Moderate Capacity, Residential Medium, or the Residential High-Capacity zoning districts described in Subsection 20.36.010 (Residential Districts Established). Within that portion of the MPN district that is developed for medium or higher density residential purposes, all development must be in accordance with the regulations applicable to the residential district to which the particular MPN zoning district corresponds. (iii) A third element of each MPN district may be the commercial element. Here there is one possibility, corresponding to the Neighborhood Commercial district identified in §20.36.020 (Commercial Districts Established). Within that portion of a MPN district that is developed for purposes permissible in a NC district, all development must be in accordance with the regulations applicable to the NC district. (iv) A public services/facilities element may be a fourth element of any MPN district. Here uses permitted within the Public/Semi-Public district would be permitted within the MPN district. If a P/SP element is included, then within that portion of the MPN district that is developed for purposes permissible in a P/SP district, all development must be in accordance with the regulations applicable to the P/SP district. (2) The approximate locations, types, and sizes of public facilities and amenity areas (e.g., parks, schools, open space, common landscaped areas, etc.); (3) Conceptual infrastructure plans (e.g., location, types, and sizes of streets, sewer, water, stormwater, etc.); (4) Compliance with those portions of the City’s Development Design Standards having to do with neighborhood design pursuant to Chapter 20.46, Design; (5) Public infrastructure financing strategies (including any improvements to existing on- or off-site facilities necessary to support the MPND); and (6) An anticipated phasing and/or build out schedule, subject to an analysis of service capacity by the City. (g) Unless the City’s SEPA Responsible Official determines otherwise, the applicant shall develop a programmatic Environmental Impact Statement for the MPN permit. Subsequent development permits may then rely on this EIS to the extent feasible to minimize additional SEPA review. It shall be the intent of the City that during subsequent permitting no additional SEPA review would be required for any action or impact analyzed in the programmatic EIS, unless unforeseen or extraordinary environmental issues arise. (h) In a Master Planned Neighborhood Development, once the master plan is approved and zoning districts assigned per (f)(1), the developer may make use of the land for any purpose authorized in those particular districts, subject to the provisions of the master plan and this title. (i) In those areas of the MPND assigned to the Residential Ultra Low Capacity, lots adjacent to critical areas may be reduced in size and width to a minimum of six thousand square feet and a width of sixty feet so long as the standard of §20.48.030(a) (Lot Shape and Minimum Lot Widths) is met and so long as a gross density of four dwelling units per acre is not exceeded. (j) As indicated in the Tables of Permissible Uses a Master Planned Neighborhood Development is the only permissible use of a MPN district, and Master Planned Neighborhoods are permissible only in such zones. (k) In approving the MPND the Council may require that the MPND comply with any site-specific development regulations that the City may develop. 20.44.032 Subarea Plans (a) The Comprehensive Plan designates fourteen subareas that distinguish specific geographical areas and existing neighborhoods within the community. The intent of creating subareas is to develop a subarea plan for each area of the city that contains specific policies and criteria to guide land development, incorporate missing middle housing options, transportation facilities, community facilities, infrastructure and capital improvement decisions that provide for a more coordinated, efficient, and effective structure for predictable neighborhood planning. The subarea plans encompass both newly created subareas and those that work with existing neighborhoods to provide criteria for infill and redevelopment purposes. (b) The subarea plans are to be produced by the city, with the exception of two areas designated on the City’s Zoning Map and Future Land Use Map with the Master Planned Neighborhood (MPN) Overlay. These two areas are known as East Hill and Lindsay Annexation (portion of Hilltop). The list of subareas is listed below: (1) Arlington Terrace (2) Cascade Industrial Center (3) Crown Ridge (4) East Hill (5) Edgecomb (6) Gateway (7) Gleneagle (8) Haller City (9) Hilltop (10) Island Crossing (11) Kent Prairie (12) Old Town (13) Smokey Point (14) West Bluff (c) A subarea plan is typically developed to encompass the entire subarea, however under certain circumstances it may be developed to include only specific neighborhoods, corridors, downtown, or other types of special districts that show cohesive characteristics. The East Hill and Lindsay Annexation subareas shall be developed in their entirety. (d) As subarea plans are created, elements of form based code are proposed to be included to provide the community with a predictable design and development pattern that is customized for the specific area. (e) Subarea plans are to be processed in conjunction with a Planned Action Environmental Impact Statement (EIS). A planned action is a development project whose impacts have been identified and addressed through an EIS associated with the subarea plan for the specific geographical area before individual projects are proposed. A planned action involves detailed State Environmental Policy Act (SEPA) review and preparation of EIS documents in conjunction with subarea plans, consistent with RCW 43.21C.031 and WAC 197-11-164 through WAC 197-11-172. The up front analysis of impacts and mitigation measures then facilitates environmental review of subsequent individual development projects. (f) A subarea plan application under the Master Planned Neighborhood (MPN) Overlay shall include the following information: (1) A land use application and submittal checklist with all required documents. (2) Permit fee, as shown on the most current fee schedule. (3) The subarea plan shall include the following elements: i. One element shall be small lot detached single-family residential or cottage housing, with a minimum lot size of 3,600 square feet and a maximum of 4,500 square feet and consists of seventy (70) percent of the total lots. ii. Second element shall be attached residential, such as townhomes, row houses, or duplexes, and shall be developed as fee simple lots through a unit lot subdivision (subject to §20.44.020 Unit Lot Subdivisions) and consists of twenty (20) percent of the total lots. iii. Third element shall be one of the below options and consist of ten (10) percent of the total lots. (A) Accessory Dwelling Unit (constructed with residence) (B) Mixed-Use Development (vertical) (C) Multi-Family Apartments (D) Multi-Family Fourplex (E) Multi-Family Garden Apartments (F) Small Commercial iv. Forth element shall be the location of Recreational Facilities, Open Space, and Trail System that consists of ten (10) percent of the total area of land, minus areas to be preserved as Native Growth Protection Areas (NGPA). (A) This designation shall include areas proposed to be dedicated to the city as public spaces. All dedicated parks shall be a minimum of two (2) acres in size and coordinated with the city prior to approval. (B) The trail system shall consist of a paved trail that connects the required sidewalk system and to all recreation facilities and open spaces. (4) The subarea plan shall show the location of each housing type listed above in the way of a subdivision layout. (5) The architectural design of the structures shall comply with the Development Design Standards pursuant to §20.46 Design. (6) The subarea plan shall show the conceptual infrastructure plans that include location, types, and sizes of streets, sewer, water, stormwater, etc. (7) Public infrastructure impacts and financing strategies including any improvements to existing on or off-site facilities necessary to support the proposed subarea plan. (8) Transportation impact analysis and financing strategies including any improvements to existing on or off-site facilities necessary to support the proposed subarea plan. The analysis shall also include all current and future designated multi-model plans. (9) The subarea plan shall adhere to the Arlington Complete Streets Program. (10) The subarea plan shall provide anticipated phasing or sector lines on the subarea map. (g) The subarea plan for the East Hill and Lindsay Annexation area serves as the typical preliminary plat document for development and shall follow the process of a conditional use permit (§20.16.225 Special Use Permits and Conditional Use Permits). (h) The subarea plan is subject to a Public Hearing before the Hearing Examiner and shall follow the hearing procedures of §20.24 (Hearing and Pre-Hearing Procedures and Appeals and Applications). (i) In approving a subarea plan, the city may require the plan to comply with site specific development regulations that the city deems appropriate and approved by the hearing examiner. (j) The approved subarea plan is required to be recorded with the Snohomish County Auditor Office. (k) After recording, subsequent land use permits (final plats or unit lot subdivisions), civil permits, and building permits are required to be submitted and approved prior to development on any lots. Procedures for these permits are found in the Arlington Municipal Code. 20.44.042 Accessory Dwelling Units (ADU). (a) An ADU may be either attached or detached to a primary residence. (b) Only one detached ADU per single-family residence is allowed. (c) Two detached ADUs per two-family residence (duplex) is allowed, one per each side. (d) One attached ADU and one detached ADU may be located on a lot of 4,500 square feet or more in a zone that allows for single-family homes (e) The ADU shall not be more than 850 square feet on a lot with 4,500 square feet or less. (f) The ADU shall not be more than 1,350 square feet combined between an attached and detached accessory dwelling unit on a lot with 4,500 square feet or more, except that an attached ADU may be limited to half the size of the principal residence, and public health, safety, building code, and environmental permitting requirements applicable to the primary residence may be required of the accessory dwelling unit. (g) The primary entrance to the ADU shall be subordinated to the main home entry and located in such a manner as to be unobtrusive from the street. (h) Any additions should be consistent with the architectural character of the home and comply with the design standards for the zone in which the ADU is located. Materials, roof forms, and window proportions shall match that of the existing building. (i) Any major exterior additions or alterations should be located to the rear of the home. Any necessary fire egress stairs shall be located so that they are not visible from the street. (j) The required off-street parking shall be located to avoid negative impacts to neighbors and community character. (k) The required off-street parking is exempt if the ADU is located within a quarter mile of a major transit center. (a) An ADU is defined as a residential living unit providing independent living facilities and permanent provisions for sleeping, cooking, sanitation, and living on the same lot as a single-family home, duplex, triplex, townhome, or other housing unit. An attached ADU is a dwelling unit located within or attached to another housing unit. A detached ADU is separate and detached from the primary housing unit. (b) All ADUs require the property owner to apply for building permit in order to ensure that the structure meets the requirements of the Arlington Municipal Code and the International Residential Code. (c) An ADU is required to meet the following criteria and be in compliance with RCW 36.70A, RCW 43.21C, and RCW 64.32, 64.34, 64.38, 64.90: (1) ADUs are allowed on the same lot as a single family residence or where the property is owned by the same person that owns the housing unit (fee simple lot) and can meet the criteria of this code section. (2) ADUs are allowed in any zoning district that allows for single family residences. (3) Two ADUs on all lots that are located in all zoning districts that allow for single- family homes in the following configurations: i. One attached ADU and one detached ADU unit; or ii. Two attached ADUs; or iii. Two detached ADUs, which may be comprised of either one or two detached structures. (4) ADUs are allowed on any lot that meets the minimum lot size required for the principal residence. (5) The maximum gross floor area for each ADU is 1,000 square feet. (6) The minimum roof height of an ADU is 24 feet, unless the height limitation that applies to the principal unit is less than 24 feet. The ADU height limitation shall not exceed the allowable height for the zone and shall not be greater than the principal residence on the property. (7) The ADU setback requirements shall meet the density and dimensional standards of the underlying zoning of the property and be in compliance with AMC Chapter 20.48, except ADUs abutting and served by an alley are allowed a zero lot line setback. (8) An ADU is required to meet any governing documents associated with the protection of public health and safety, ground and surface waters, and critical areas. (9) An ADU is required to be consistent with the architectural character of the principal residence and comply with the Development Design Standards for the zone in which the ADU is located. Materials, roof forms, and window proportions shall match that of the principal unit/building. (10) Any major exterior additions or alterations shall be located to the side or rear of the principal residence. (11) ADU Parking Requirements: i. One parking space per ADU is required on lots less than 6,000 square feet. ii. Two parking spaces per ADU is required on lots greater than 6,000 square feet. iii. If located within one-half mile of a major transit stop, then no parking spaces are required. (12) An ADU is required to connect to both city water and wastewater systems. The ADU shall meet the utility connection criteria of AMC Title 13. (13) A detached ADU is allowed to be sold through the conveyance of a condominium unit independently of the principal residence, however if this occurs then a separate water and wastewater connection to the ADU, per AMC Title 13, is required and full connection charges are to be paid per the city’s current fee schedule at the time of the creation of the condominium. A 60% AMI affordable housing restriction on the property is required to be recorded with the Snohomish County Auditor’s Office and submitted to the Community Development Department. (14) An ADU is exempt from all city impact fees for parks, traffic, and schools as long as the ADU is primarily used for long-term housing. September 15, 2023 Arlington Planning Commission 110 E 3rd Street Arlington, WA 98223 RE: Accessory Dwelling Units Dear Planning Commission: The Master Builders Association of King and Snohomish Counties takes pride in building communities. Our 2,600 members are professional homebuilders, architects, remodelers, tradespeople, planners and engineers, suppliers, manufacturers, and sales and marketing professionals in your community. We are committed to ensuring that all people can attain housing and have a safe and healthy place to call home. MBAKS would like to thank and express gratitude to the Planning Commission and City Staff for their commendable efforts in updating the city's Accessory Dwelling Unit (ADU) code. The proposed amendments to reduce barriers and increase flexibility for ADU construction are a significant step forward in meeting the housing needs of the city and complying with state legislation. MBAKS supports nearly all of the proposed amendments. ADUs, both attached and detached, have emerged as highly sought-after housing choices, offering numerous benefits to the community. MBAKS supports most of the proposed amendments, as ADUs have proven to be instrumental in numerous ways: 1. Enhancing Housing Accessibility: ADUs can be used as a means for homeowners to generate supplemental income, making homeownership more attainable and helping them offset the costs of living in an increasingly expensive housing market. ADUs also facilitate homeownership for younger buyers by providing more attainable housing options, helping them qualify for their first home. Additionally, ADUs enable seniors to age in place while offering options for multigenerational living, fostering stronger community bonds. 2. Sustainable and Environmentally Friendly Housing: ADUs are an eco-friendly housing option, promoting efficient land use by utilizing existing infrastructure and underutilized spaces. Often new construction is more energy efficient overall. They align with the city's vision of sustainable urban growth, contributing to a more environmentally conscious future. 3. Encouraging Community Diversity: By encouraging the construction of ADUs, Arlington is facilitating the development of a more diverse and inclusive community. Residents of various backgrounds, income levels, and ages can coexist in closer proximity, fostering a richer social fabric. MBAKS specifically applauds the inclusion of beneficial changes in the updated code, which will provide more flexibility and opportunities for attainable housing in Arlington. These amendments, such as allowing larger ADUs, potentially permitting two ADUs on a lot, removing owner-occupancy requirements, reducing parking requirements, design standards, and setbacks, and allowing for ownership segregation (condominiums), are crucial steps in addressing the housing shortfall in the city. However, MBAKS first urges partial amendment and removal of the new water and wastewater connections requirement if a condominium is sold. As you may know, a condominium interest agreement governs the payment of utilities and the maintenance of the grounds. Requiring the removal of the current meter and installation of a new meter and connections for water and wastewater is redundant and injects the city into a private agreement. Moreover, it increases the overall price of housing and does not allow for the free flow of property as the price is now distorted by this requirement. Placing this restriction on condominiums may remove the ability to redevelop or add on ADUs in Arlington. This shift is also not in alignment with state legislation and upcoming Comprehensive Plan requirements. This change removes essential flexibility for homeowners and homebuilders to feasibly add much needed more attainable housing options and limits financial and funding opportunities for current and prospective residents of the city. Finally, this provision may violate 64.34.050(1) which states: A zoning, subdivision, building code, or other real property law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership. MBAKS urges the removal of a 60% AMI restriction on the sale of condominiums. The affordability designation is not required in HB 1337 and may in fact, be unnecessary (see Terner Center report below). Moreover, the section is unclear whether the buyer of the unit or the ultimate occupant of the unit must be at a 60% AMI level. Next, this section would be nearly impossible for the city to police. A prohibition on sale or the implicit controlling of the price of the unit could be construed as rent control or at the very least interference with the free market for real estate. It also runs counter to the objectives of HB 1337 by restricting the overall supply of housing and RCW 64.34.050(1). ADUs are an important housing choice that fits into our existing communities and neighborhoods while providing a more affordable and attainable housing option. A Terner Center report out of UC Berkeley found that 58% of ADUs studied were rented for below-market-rate rent and 17% of homeowners allowed friends and family members to stay in their ADU for free. ADUs are critical tools for accommodating growth in the very places where many families want to live—near job centers, existing infrastructure (like transit), and other desirable amenities. Arlington's housing needs are evident and as the city plans for the future, ADUs can play a vital role in accommodating growth and meeting the housing demands. Under the VISION 2050 Regional Growth Strategy, Arlington is expected to plan for a share of the projected growth of the county population by 2050. The updated ADU code is an initiative-taking approach toward achieving growth targets. In closing, the City of Arlington has a unique opportunity to lead by example and become a model for other cities and communities in Washington. By embracing ADUs, Arlington can foster a more inclusive, sustainable, and economically vibrant community for the benefit of all residents. MBAKS appreciates the opportunity to comment on these necessary changes to ADUs in Arlington and we look forward to continued collaboration on housing opportunities with the city. Thank you for your consideration. I am happy to answer any questions you may have. Sincerely, Russell Joe Russell Joe Snohomish County Government Affairs Manager Master Builders Association of King and Snohomish Counties cc: Mayor Barb Tolbert Community and Economic Development Director Marc Hayes Planning Manager Amy Rusko 20.44.032 Master Planned Neighborhood Development (MPND). (a) In any Master Planned Neighborhood district (§20.36.054, Master Planned Neighborhood Overlay District Established) no development may be permitted until the developer has prepared and received approval of a master plan for the entire area included in the MPN district. (b) Since the approval of a master plan affects the zoning, and thus use of the property, said master plan shall be processed as an amendment to this Title (Chapter 20.96). (c) No area of less than twenty contiguous acres may be planned through a MPN approval process, and then only (i) upon the request of the owner or majority of owners of all the property intended to be covered by such an overlay zone, or (ii) by the City Council in implementing the MPN land use designation pursuant to subsection (d). Approval of MPNs is achieved through a rezone process. (d) The MPN district shall be used on any land with a Master Planned Neighborhood land use designation as shown on the Comprehensive Plan Land Use Map. If property is placed in an MPN district by the Council prior to a master plan being developed (§20.44.032 (Master Planned Neighborhood Developments), it shall not show the individual elements until the master plan is approved. (e) For areas designated Master Planned Neighborhood in the Comprehensive Plan, MPND approval may be sought prior to or after annexation to the City. However, in the case where MPND approval is not approved prior to or concurrent with annexation the entire annexation area shall be zoned Suburban Residential until such time that an MPND is approved. (f) At a minimum the master plan shall identify: (1) The locations and sizes of the districts as follows: (i) One element of each MPN district shall be the low-density residential element. Here there is one possibility, using the Residential Ultra Low Capacity district described in §20.36.010 (Residential Districts Established). Within that portion of the MPN zone that is developed for low-density residential purposes, all development must be in accordance with the regulations applicable to the Residential Ultra Low Capacity district. Within any MPND, not less than fifty percent of the total area may be developed for lower density residential (Residential Ultra Low Capacity) purposes. (ii) A second element of each MPN district may be the medium to higher density residential element. Here there are four possibilities, each one corresponding either to the Residential Low Capacity, the Residential Moderate Capacity, Residential Medium, or the Residential High-Capacity zoning districts described in Subsection 20.36.010 (Residential Districts Established). Within that portion of the MPN district that is developed for medium or higher density residential purposes, all development must be in accordance with the regulations applicable to the residential district to which the particular MPN zoning district corresponds. (iii) A third element of each MPN district may be the commercial element. Here there is one possibility, corresponding to the Neighborhood Commercial district identified in §20.36.020 (Commercial Districts Established). Within that portion of a MPN district that is developed for purposes permissible in a NC district, all development must be in accordance with the regulations applicable to the NC district. (iv) A public services/facilities element may be a fourth element of any MPN district. Here uses permitted within the Public/Semi-Public district would be permitted within the MPN district. If a P/SP element is included, then within that portion of the MPN district that is developed for purposes permissible in a P/SP district, all development must be in accordance with the regulations applicable to the P/SP district. (2) The approximate locations, types, and sizes of public facilities and amenity areas (e.g., parks, schools, open space, common landscaped areas, etc.); (3) Conceptual infrastructure plans (e.g., location, types, and sizes of streets, sewer, water, stormwater, etc.); (4) Compliance with those portions of the City’s Development Design Standards having to do with neighborhood design pursuant to Chapter 20.46, Design; (5) Public infrastructure financing strategies (including any improvements to existing on- or off-site facilities necessary to support the MPND); and (6) An anticipated phasing and/or build out schedule, subject to an analysis of service capacity by the City. (g) Unless the City’s SEPA Responsible Official determines otherwise, the applicant shall develop a programmatic Environmental Impact Statement for the MPN permit. Subsequent development permits may then rely on this EIS to the extent feasible to minimize additional SEPA review. It shall be the intent of the City that during subsequent permitting no additional SEPA review would be required for any action or impact analyzed in the programmatic EIS, unless unforeseen or extraordinary environmental issues arise. (h) In a Master Planned Neighborhood Development, once the master plan is approved and zoning districts assigned per (f)(1), the developer may make use of the land for any purpose authorized in those particular districts, subject to the provisions of the master plan and this title. (i) In those areas of the MPND assigned to the Residential Ultra Low Capacity, lots adjacent to critical areas may be reduced in size and width to a minimum of six thousand square feet and a width of sixty feet so long as the standard of §20.48.030(a) (Lot Shape and Minimum Lot Widths) is met and so long as a gross density of four dwelling units per acre is not exceeded. (j) As indicated in the Tables of Permissible Uses a Master Planned Neighborhood Development is the only permissible use of a MPN district, and Master Planned Neighborhoods are permissible only in such zones. (k) In approving the MPND the Council may require that the MPND comply with any site-specific development regulations that the City may develop. 20.44.032 Subarea Plans (a) The Comprehensive Plan designates fourteen subareas that distinguish specific geographical areas and existing neighborhoods within the community. The intent of creating subareas is to develop a subarea plan for each area of the city that contains specific policies and criteria to guide land development, incorporate missing middle housing options, transportation facilities, community facilities, infrastructure and capital improvement decisions that provide for a more coordinated, efficient, and effective structure for predictable neighborhood planning. The subarea plans encompass both newly created subareas and those that work with existing neighborhoods to provide criteria for infill and redevelopment purposes. (b) The subarea plans are to be produced by the city, with the exception of two areas designated on the City’s Zoning Map and Future Land Use Map with the Master Planned Neighborhood (MPN) Overlay. These two areas are known as East Hill and Lindsay Annexation (portion of Hilltop). The list of subareas is listed below: (1) Arlington Terrace (2) Cascade Industrial Center (3) Crown Ridge (4) East Hill (5) Edgecomb (6) Gateway (7) Gleneagle (8) Haller City (9) Hilltop (10) Island Crossing (11) Kent Prairie (12) Old Town (13) Smokey Point (14) West Bluff (c) A subarea plan is typically developed to encompass the entire subarea, however under certain circumstances it may be developed to include only specific neighborhoods, corridors, downtown, or other types of special districts that show cohesive characteristics. The East Hill and Lindsay Annexation subareas shall be developed in their entirety. (d) As subarea plans are created, elements of form based code are proposed to be included to provide the community with a predictable design and development pattern that is customized for the specific area. (e) Subarea plans are to be processed in conjunction with a Planned Action Environmental Impact Statement (EIS). A planned action is a development project whose impacts have been identified and addressed through an EIS associated with the subarea plan for the specific geographical area before individual projects are proposed. A planned action involves detailed State Environmental Policy Act (SEPA) review and preparation of EIS documents in conjunction with subarea plans, consistent with RCW 43.21C.031 and WAC 197-11-164 through WAC 197-11-172. The up front analysis of impacts and mitigation measures then facilitates environmental review of subsequent individual development projects. (f) A subarea plan application under the Master Planned Neighborhood (MPN) Overlay shall include the following information: (1) A land use application and submittal checklist with all required documents. (2) Permit fee, as shown on the most current fee schedule. (3) The subarea plan shall include the following elements: i. One element shall be small lot detached single-family residential or cottage housing, with a minimum lot size of 3,600 square feet and a maximum of 4,500 square feet and consists of seventy (70) percent of the total lots. ii. Second element shall be attached residential, such as townhomes, row houses, or duplexes, and shall be developed as fee simple lots through a unit lot subdivision (subject to §20.44.020 Unit Lot Subdivisions) and consists of twenty (20) percent of the total lots. iii. Third element shall be one of the below options and consist of ten (10) percent of the total lots. (A) Accessory Dwelling Unit (constructed with residence) (B) Mixed-Use Development (vertical) (C) Multi-Family Apartments (D) Multi-Family Fourplex (E) Multi-Family Garden Apartments (F) Small Commercial iv. Forth element shall be the location of Recreational Facilities, Open Space, and Trail System that consists of ten (10) percent of the total area of land, minus areas to be preserved as Native Growth Protection Areas (NGPA). (A) This designation shall include areas proposed to be dedicated to the city as public spaces. All dedicated parks shall be a minimum of two (2) acres in size and coordinated with the city prior to approval. (B) The trail system shall consist of a paved trail that connects the required sidewalk system and to all recreation facilities and open spaces. (4) The subarea plan shall show the location of each housing type listed above in the way of a subdivision layout. (5) The architectural design of the structures shall comply with the Development Design Standards pursuant to §20.46 Design. (6) The subarea plan shall show the conceptual infrastructure plans that include location, types, and sizes of streets, sewer, water, stormwater, etc. (7) Public infrastructure impacts and financing strategies including any improvements to existing on or off-site facilities necessary to support the proposed subarea plan. (8) Transportation impact analysis and financing strategies including any improvements to existing on or off-site facilities necessary to support the proposed subarea plan. The analysis shall also include all current and future designated multi-model plans. (9) The subarea plan shall adhere to the Arlington Complete Streets Program. (10) The subarea plan shall provide anticipated phasing or sector lines on the subarea map. (g) The subarea plan for the East Hill and Lindsay Annexation area serves as the typical preliminary plat document for development and shall follow the process of a conditional use permit (§20.16.225 Special Use Permits and Conditional Use Permits). (h) The subarea plan is subject to a Public Hearing before the Hearing Examiner and shall follow the hearing procedures of §20.24 (Hearing and Pre-Hearing Procedures and Appeals and Applications). (i) In approving a subarea plan, the city may require the plan to comply with site specific development regulations that the city deems appropriate and approved by the hearing examiner. (j) The approved subarea plan is required to be recorded with the Snohomish County Auditor Office. (k) After recording, subsequent land use permits (final plats or unit lot subdivisions), civil permits, and building permits are required to be submitted and approved prior to development on any lots. Procedures for these permits are found in the Arlington Municipal Code. 20.44.042 Accessory Dwelling Units (ADU). 20.44.042 Accessory Dwelling Units (ADU). (a) An ADU is defined as a residential living unit providing independent living facilities and permanent provisions for sleeping, cooking, sanitation, and living on the same lot as a single-family home, duplex, triplex, townhome, or other housing unit. An attached ADU is a dwelling unit located within or attached to another housing unit. A detached ADU is separate and detached from the primary housing unit. (b) All ADUs require the property owner to apply for a building permit in order to ensure that the structure meets the requirements of the Arlington Municipal Code and the International Residential Code. (c) An ADU is required to meet the following criteria and be in compliance with RCW 36.70A, RCW 43.21C, and RCW 64.32, 64.34, 64.38, 64.90: (1) ADUs are allowed on the same lot as a single family residence or where the property is owned by the same person that owns the primary housing unit (fee simple lot) and can meet the criteria of this code section. (2) The owner of the property shall not be required to reside in or occupy the primary housing unit or the ADU on the same lot. (3) ADUs are allowed in any zoning district that allows for single family residences. (4) Two ADUs on all lots that are located in all zoning districts that allow for single- family homes in the following configurations: i. One attached ADU and one detached ADU unit; or ii. Two attached ADUs; or iii. Two detached ADUs, which may be comprised of either one or two detached structures. (5) ADUs are allowed on any lot that meets the minimum lot size required for the principal residence. (6) The maximum gross floor area for each ADU is 1,000 square feet. (7) The roof height of an ADU is required to meet the underlying zone height limitation, unless the height of the principal unit is less than 24 feet, in which case, the maximum height of an ADU shall be 24 feet. (8) The ADU setback requirements shall meet the density and dimensional standards of the underlying zoning of the property and be in compliance with AMC Chapter 20.48, except ADUs abutting and served by an alley are allowed a zero lot line setback. (9) An ADU is required to meet any governing documents associated with the protection of public health and safety, ground and surface waters, and critical areas. (10) The number of ADUs on a property may be limited or restricted if the site contains unsuitable physical characteristics, such as critical areas, designated as wetlands, fish and wildlife habitat, flood plains, or geologically hazardous areas. The property shall be in compliance with AMC Chapter 20.93 – Critical Area Ordinance. (11) An ADU is required to be consistent with the architectural character of the principal residence and comply with the Development Design Standards for the zone in which the ADU is located. Materials, roof forms, and window proportions shall match that of the principal unit/building. The review of the design will be conducted administratively with the building permit. (12) Any major exterior additions or alterations for an attached ADU shall be located to the side or rear of the principal residence. (13) A detached ADU is not allowed in the required front or side setback of the existing primary residence on the site unless the side setback abuts an alley. (14) The construction of an ADU shall not require new public street improvements. (15) ADU Parking Requirements: i. One parking space per ADU is required on lots less than 6,000 square feet. ii. Two parking spaces per ADU is required on lots greater than 6,000 square feet. iii. If located within one-half mile of a major transit stop, then no parking spaces are required. (16) An ADU is required to connect to both city water and wastewater systems. The ADU shall meet the utility connection criteria of AMC Title 13. (17) An ADU shall pay fifty percent (50%) of the city transportation impact fee and community park impact fee for a single-family dwelling unit. Fees are regulated by AMC Chapter 20.90. (18) An ADU is exempt from city transportation impact fees, park impact fees, and off-street parking requirements (only if parking is available on an abutting public street), but only if a restrictive covenant is recorded on the property stating the ADU shall be rented at an affordable rate of 60% AMI or less for a duration of 50 years. The restrictive covenant shall be reviewed and approved by the city, recorded with the Snohomish County Auditor’s Office, and a conformed copy returned to the Community and Economic Development Department. (19) A detached ADU is allowed to be sold separately through the conveyance of a condominium unit of the principal residence. To complete the conveyance of a condominium unit the detached ADU shall meet the utility connection regulations of AMC Chapter 13.04 and 13.08. The declaration of condominium documents are required to be submitted to the city for review and approval. Once approved by the city the document shall be recorded with the Snohomish County Auditor’s Office and a conformed copy returned to the Community and Economic Development Department. (20) The land on which the ADU is located shall not be subdivided from the land on which the primary dwelling unit is located. CERTIFICATION OF ENROLLMENT ENGROSSED HOUSE BILL 1337 Chapter 334, Laws of 2023 (partial veto) 68th Legislature 2023 Regular Session GROWTH MANAGEMENT ACT—ACCESSORY DWELLING UNITS—URBAN GROWTH AREAS EFFECTIVE DATE: July 23, 2023 Passed by the House April 14, 2023 Yeas 85 Nays 11 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 6, 2023 Yeas 39 Nays 7 DENNY HECK President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1337 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved May 8, 2023 1:13 PM with the exception of section 5, which is vetoed. FILED May 10, 2023 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to expanding housing options by easing barriers 1 to the construction and use of accessory dwelling units; amending RCW 2 36.70A.696, 43.21C.495, and 36.70A.280; adding new sections to 3 chapter 36.70A RCW; adding a new section to chapter 64.34 RCW; adding 4 a new section to chapter 64.32 RCW; adding a new section to chapter 5 64.38 RCW; adding a new section to chapter 64.90 RCW; creating a new 6 section; and repealing RCW 35.63.210, 35A.63.230, 36.70A.400, 7 36.70.677, and 43.63A.215.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:9 NEW SECTION. Sec. 1. (1) The legislature makes the following 10 findings:11 (a) Washington state is experiencing a housing affordability 12 crisis. Many communities across the state are in need of more housing 13 for renters across the income spectrum.14 (b) Many cities dedicate the majority of residentially zoned land 15 to single detached houses that are increasingly financially out of 16 reach for many households. Due to their smaller size, accessory 17 dwelling units can provide a more affordable housing option in those 18 single-family zones.19 (c) Localities can start to correct for historic economic and 20 racial exclusion in single-family zones by opening up these 21 ENGROSSED HOUSE BILL 1337 AS AMENDED BY THE SENATE Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By Representatives Gregerson, Barkis, Berry, Christian, Duerr, Fitzgibbon, Taylor, Ramel, Reeves, Simmons, Walen, Graham, Bateman, Reed, Lekanoff, Doglio, Tharinger, Cortes, Macri, and Stonier Read first time 01/16/23. Referred to Committee on Housing. p. 1 EHB 1337.SL neighborhoods to more diverse housing types, including accessory 1 dwelling units, that provide lower cost homes. Increasing housing 2 options in expensive, high-opportunity neighborhoods will give more 3 families access to schools, parks, and other public amenities 4 otherwise accessible to only the wealthy.5 (d) Accessory dwelling units are frequently rented below market 6 rate, providing additional affordable housing options for renters.7 (e) Accessory dwelling units can also help to provide housing for 8 very low-income households. More than 10 percent of accessory 9 dwelling units in some areas are occupied by tenants who pay no rent 10 at all; among these tenants are grandparents, adult children, family 11 members with disabilities, friends going through life transitions, 12 and community members in need. Accessory dwelling units meet the 13 needs of these people who might otherwise require subsidized housing 14 space and resources.15 (f) Accessory dwelling units can meet the needs of Washington's 16 growing senior population, making it possible for this population to 17 age in their communities by offering senior-friendly housing, which 18 prioritizes physical accessibility, in walkable communities near 19 amenities essential to successful aging in place, including transit 20 and grocery stores, without requiring costly renovations of existing 21 housing stock.22 (g) Homeowners who add an accessory dwelling unit may benefit 23 from added income and an increased sense of security.24 (h) Accessory dwelling units provide environmental benefits. On 25 average they are more energy efficient than single detached houses, 26 and they incentivize adaptive reuse of existing homes and materials.27 (i) Siting accessory dwelling units near transit hubs, employment 28 centers, and public amenities can help to reduce greenhouse gas 29 emissions by increasing walkability, shortening household commutes, 30 and curtailing sprawl.31 (2) The legislature intends to promote and encourage the creation 32 of accessory dwelling units as a means to address the need for 33 additional affordable housing options.34 Sec. 2. RCW 36.70A.696 and 2021 c 306 s 2 are each amended to 35 read as follows:36 The definitions in this section apply throughout RCW 36.70A.697 37 ((and)), 36.70A.698, and sections 3 and 4 of this act unless the 38 context clearly requires otherwise.39 p. 2 EHB 1337.SL (1) "Accessory dwelling unit" means a dwelling unit located on 1 the same lot as a single-family housing unit, duplex, triplex, 2 townhome, or other housing unit.3 (2) "Attached accessory dwelling unit" means an accessory 4 dwelling unit located within or attached to a single-family housing 5 unit, duplex, triplex, townhome, or other housing unit.6 (3) "City" means any city, code city, and town located in a 7 county planning under RCW 36.70A.040.8 (4) "County" means any county planning under RCW 36.70A.040.9 (5) "Detached accessory dwelling unit" means an accessory 10 dwelling unit that consists partly or entirely of a building that is 11 separate and detached from a single-family housing unit, duplex, 12 triplex, townhome, or other housing unit and is on the same property.13 (6) "Dwelling unit" means a residential living unit that provides 14 complete independent living facilities for one or more persons and 15 that includes permanent provisions for living, sleeping, eating, 16 cooking, and sanitation.17 (7) "Gross floor area" means the interior habitable area of a 18 dwelling unit including basements and attics but not including a 19 garage or accessory structure.20 (8) "Major transit stop" means:21 (a) A stop on a high capacity transportation system funded or 22 expanded under the provisions of chapter 81.104 RCW;23 (b) Commuter rail stops;24 (c) Stops on rail or fixed guideway systems, including 25 transitways;26 (d) Stops on bus rapid transit routes or routes that run on high 27 occupancy vehicle lanes; or28 (e) Stops for a bus or other transit mode providing actual fixed 29 route service at intervals of at least fifteen minutes for at least 30 five hours during the peak hours of operation on weekdays.31 (((8))) (9) "Owner" means any person who has at least 50 percent 32 ownership in a property on which an accessory dwelling unit is 33 located.34 (((9))) (10) "Principal unit" means the single-family housing 35 unit, duplex, triplex, townhome, or other housing unit located on the 36 same lot as an accessory dwelling unit.37 (11) "Short-term rental" means a lodging use, that is not a hotel 38 or motel or bed and breakfast, in which a dwelling unit, or portion 39 p. 3 EHB 1337.SL thereof, is offered or provided to a guest by a short-term rental 1 operator for a fee for fewer than 30 consecutive nights.2 NEW SECTION. Sec. 3. A new section is added to chapter 36.70A 3 RCW to read as follows:4 (1)(a) Cities and counties planning under this chapter must adopt 5 or amend by ordinance, and incorporate into their development 6 regulations, zoning regulations, and other official controls the 7 requirements of this section and of section 4 of this act, to take 8 effect six months after the jurisdiction's next periodic 9 comprehensive plan update required under RCW 36.70A.130.10 (b) In any city or county that has not adopted or amended 11 ordinances, regulations, or other official controls as required under 12 this section, the requirements of this section and section 4 of this 13 act supersede, preempt, and invalidate any conflicting local 14 development regulations.15 (2) Ordinances, development regulations, and other official 16 controls adopted or amended pursuant to this section and section 4 of 17 this act must only apply in the portions of towns, cities, and 18 counties that are within urban growth areas designated under this 19 chapter.20 (3) Any action taken by a city or county to comply with the 21 requirements of this section or section 4 of this act is not subject 22 to legal challenge under this chapter or chapter 43.21C RCW.23 (4) Nothing in this section or section 4 of this act requires or 24 authorizes a city or county to authorize the construction of an 25 accessory dwelling unit in a location where development is restricted 26 under other laws, rules, or ordinances as a result of physical 27 proximity to on-site sewage system infrastructure, critical areas, or 28 other unsuitable physical characteristics of a property.29 (5) Nothing in this section or in section 4 of this act prohibits 30 a city or county from:31 (a) Restricting the use of accessory dwelling units for short-32 term rentals;33 (b) Applying public health, safety, building code, and 34 environmental permitting requirements to an accessory dwelling unit 35 that would be applicable to the principal unit, including regulations 36 to protect ground and surface waters from on-site wastewater;37 (c) Applying generally applicable development regulations to the 38 construction of an accessory unit, except when the application of 39 p. 4 EHB 1337.SL such regulations would be contrary to this section or to section 4 of 1 this act;2 (d) Prohibiting the construction of accessory dwelling units on 3 lots that are not connected to or served by public sewers; or4 (e) Prohibiting or restricting the construction of accessory 5 dwelling units in residential zones with a density of one dwelling 6 unit per acre or less that are within areas designated as wetlands, 7 fish and wildlife habitats, flood plains, or geologically hazardous 8 areas.9 NEW SECTION. Sec. 4. A new section is added to chapter 36.70A 10 RCW to read as follows:11 (1) In addition to ordinances, development regulations, and other 12 official controls adopted or amended to comply with this section and 13 section 3 of this act, a city or county must comply with all of the 14 following policies:15 (a) The city or county may not assess impact fees on the 16 construction of accessory dwelling units that are greater than 50 17 percent of the impact fees that would be imposed on the principal 18 unit;19 (b) The city or county may not require the owner of a lot on 20 which there is an accessory dwelling unit to reside in or occupy the 21 accessory dwelling unit or another housing unit on the same lot;22 (c) The city or county must allow at least two accessory dwelling 23 units on all lots that are located in all zoning districts within an 24 urban growth area that allow for single-family homes in the following 25 configurations:26 (i) One attached accessory dwelling unit and one detached 27 accessory dwelling unit;28 (ii) Two attached accessory dwelling units; or29 (iii) Two detached accessory dwelling units, which may be 30 comprised of either one or two detached structures;31 (d) The city or county must permit accessory dwelling units in 32 structures detached from the principal unit;33 (e) The city or county must allow an accessory dwelling unit on 34 any lot that meets the minimum lot size required for the principal 35 unit;36 (f) The city or county may not establish a maximum gross floor 37 area requirement for accessory dwelling units that is less than 1,000 38 square feet;39 p. 5 EHB 1337.SL (g) The city or county may not establish roof height limits on an 1 accessory dwelling unit of less than 24 feet, unless the height 2 limitation that applies to the principal unit is less than 24 feet, 3 in which case a city or county may not impose roof height limitation 4 on accessory dwelling units that is less than the height limitation 5 that applies to the principal unit;6 (h) A city or county may not impose setback requirements, yard 7 coverage limits, tree retention mandates, restrictions on entry door 8 locations, aesthetic requirements, or requirements for design review 9 for accessory dwelling units that are more restrictive than those for 10 principal units;11 (i) A city or county must allow detached accessory dwelling units 12 to be sited at a lot line if the lot line abuts a public alley, 13 unless the city or county routinely plows snow on the public alley;14 (j) A city or county must allow accessory dwelling units to be 15 converted from existing structures, including but not limited to 16 detached garages, even if they violate current code requirements for 17 setbacks or lot coverage;18 (k) A city or county may not prohibit the sale or other 19 conveyance of a condominium unit independently of a principal unit 20 solely on the grounds that the condominium unit was originally built 21 as an accessory dwelling unit; and22 (l) A city or county may not require public street improvements 23 as a condition of permitting accessory dwelling units.24 (2)(a) A city or county subject to the requirements of this 25 section may not:26 (i) Require off-street parking as a condition of permitting 27 development of accessory dwelling units within one-half mile walking 28 distance of a major transit stop;29 (ii) Require more than one off-street parking space per unit as a 30 condition of permitting development of accessory dwelling units on 31 lots smaller than 6,000 square feet before any zero lot line 32 subdivisions or lot splits; and33 (iii) Require more than two off-street parking spaces per unit as 34 a condition of permitting development of accessory dwelling units on 35 lots greater than 6,000 square feet before any zero lot line 36 subdivisions or lot splits.37 (b) The provisions of (a) of this subsection do not apply:38 (i) If a local government submits to the department an empirical 39 study prepared by a credentialed transportation or land use planning 40 p. 6 EHB 1337.SL expert that clearly demonstrates, and the department finds and 1 certifies, that the application of the parking limitations of (a) of 2 this subsection for accessory dwelling units will be significantly 3 less safe for vehicle drivers or passengers, pedestrians, or 4 bicyclists than if the jurisdiction's parking requirements were 5 applied to the same location for the same number of detached houses. 6 The department must develop guidance to assist cities and counties on 7 items to include in the study; or8 (ii) To portions of cities within a one mile radius of a 9 commercial airport in Washington with at least 9,000,000 annual 10 enplanements.11 (3) When regulating accessory dwelling units, cities and counties 12 may impose a limit of two accessory dwelling units, in addition to 13 the principal unit, on a residential lot of 2,000 square feet or 14 less.15 (4) The provisions of this section do not apply to lots 16 designated with critical areas or their buffers as designated in RCW 17 36.70A.060, or to a watershed serving a reservoir for potable water 18 if that watershed is or was listed, as of the effective date of this 19 section, as impaired or threatened under section 303(d) of the 20 federal clean water act (33 U.S.C. Sec. 1313(d)).21 *NEW SECTION. Sec. 5. A new section is added to chapter 36.70A 22 RCW to read as follows:23 To encourage the use of accessory dwelling units for long-term 24 housing, cities and counties may adopt ordinances, development 25 regulations, and other official controls which waive or defer fees, 26 including impact fees, defer the payment of taxes, or waive specific 27 regulations. Cities and counties may only offer such reduced or 28 deferred fees, deferred taxes, waivers, or other incentives for the 29 development or construction of accessory dwelling units if:30 (1) The units are located within an urban growth area; and31 (2) The units are subject to a program adopted by the city or 32 county with effective binding commitments or covenants that the units 33 will be primarily utilized for long-term housing consistent with the 34 public purpose for this authorization.35 *Sec. 5 was vetoed. See message at end of chapter. Sec. 6. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to 36 read as follows:37 p. 7 EHB 1337.SL (1) Adoption of ordinances, development regulations and 1 amendments to such regulations, and other nonproject actions taken by 2 a city to implement: The actions specified in section 2, chapter 246, 3 Laws of 2022 unless the adoption of such ordinances, development 4 regulations and amendments to such regulations, or other nonproject 5 actions has a probable significant adverse impact on fish habitat; 6 and the increased residential building capacity actions identified in 7 RCW 36.70A.600(1), with the exception of the action specified in RCW 8 36.70A.600(1)(f), are not subject to administrative or judicial 9 appeals under this chapter.10 (2) Adoption of ordinances, development regulations and 11 amendments to such regulations, and other nonproject actions taken by 12 a city or county consistent with the requirements of sections 3 and 4 13 of this act are not subject to administrative or judicial appeals 14 under this chapter.15 Sec. 7. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to 16 read as follows:17 (1) The growth management hearings board shall hear and determine 18 only those petitions alleging either:19 (a) That, except as provided otherwise by this subsection, a 20 state agency, county, or city planning under this chapter is not in 21 compliance with the requirements of this chapter, chapter 90.58 RCW 22 as it relates to the adoption of shoreline master programs or 23 amendments thereto, or chapter 43.21C RCW as it relates to plans, 24 development regulations, or amendments, adopted under RCW 36.70A.040 25 or chapter 90.58 RCW. Nothing in this subsection authorizes the board 26 to hear petitions alleging noncompliance ((with RCW 36.70A.5801)) 27 based on a city or county's actions taken to implement the 28 requirements of sections 3 and 4 of this act within an urban growth 29 area;30 (b) That the ((twenty-)) 20-year growth management planning 31 population projections adopted by the office of financial management 32 pursuant to RCW 43.62.035 should be adjusted;33 (c) That the approval of a work plan adopted under RCW 34 36.70A.735(1)(a) is not in compliance with the requirements of the 35 program established under RCW 36.70A.710;36 (d) That regulations adopted under RCW 36.70A.735(1)(b) are not 37 regionally applicable and cannot be adopted, wholly or partially, by 38 another jurisdiction; or39 p. 8 EHB 1337.SL (e) That a department certification under RCW 36.70A.735(1)(c) is 1 erroneous.2 (2) A petition may be filed only by: (a) The state, or a county 3 or city that plans under this chapter; (b) a person who has 4 participated orally or in writing before the county or city regarding 5 the matter on which a review is being requested; (c) a person who is 6 certified by the governor within ((sixty)) 60 days of filing the 7 request with the board; or (d) a person qualified pursuant to RCW 8 34.05.530.9 (3) For purposes of this section "person" means any individual, 10 partnership, corporation, association, state agency, governmental 11 subdivision or unit thereof, or public or private organization or 12 entity of any character.13 (4) To establish participation standing under subsection (2)(b) 14 of this section, a person must show that his or her participation 15 before the county or city was reasonably related to the person's 16 issue as presented to the board.17 (5) When considering a possible adjustment to a growth management 18 planning population projection prepared by the office of financial 19 management, the board shall consider the implications of any such 20 adjustment to the population forecast for the entire state.21 The rationale for any adjustment that is adopted by the board 22 must be documented and filed with the office of financial management 23 within ten working days after adoption.24 If adjusted by the board, a county growth management planning 25 population projection shall only be used for the planning purposes 26 set forth in this chapter and shall be known as the "board adjusted 27 population projection." None of these changes shall affect the 28 official state and county population forecasts prepared by the office 29 of financial management, which shall continue to be used for state 30 budget and planning purposes.31 NEW SECTION. Sec. 8. A new section is added to chapter 36.70A 32 RCW to read as follows:33 (1) By December 31, 2023, the department must revise its 34 recommendations for encouraging accessory dwelling units to include 35 the provisions of sections 3 and 4 of this act.36 (2) During each comprehensive plan review required by RCW 37 36.70A.130, the department must review local government comprehensive 38 plans and development regulations for compliance with sections 3 and 39 p. 9 EHB 1337.SL 4 of this act and the department's recommendations under subsection 1 (1) of this section.2 NEW SECTION. Sec. 9. A new section is added to chapter 64.34 3 RCW to read as follows:4 (1) Except a declaration created to protect public health and 5 safety, and ground and surface waters from on-site wastewater, a 6 declaration created after the effective date of this section and 7 applicable to a property located within an urban growth area may not 8 impose any restriction or prohibition on the construction, 9 development, or use on a lot of an accessory dwelling unit that the 10 city or county in which the urban growth area is located would be 11 prohibited from imposing under section 4 of this act.12 (2) For the purposes of this section, "urban growth area" has the 13 same meaning as in RCW 36.70A.030.14 (3) A city or county issuing a permit for the construction of an 15 accessory dwelling unit may not be held civilly liable on the basis 16 that the construction of the accessory dwelling unit would violate a 17 restrictive covenant or deed restriction.18 NEW SECTION. Sec. 10. A new section is added to chapter 64.32 19 RCW to read as follows:20 (1) Except a declaration created to protect public health and 21 safety, and ground and surface waters from on-site wastewater, a 22 declaration created after the effective date of this section and 23 applicable to a property located within an urban growth area may not 24 impose any restriction or prohibition on the construction, 25 development, or use on a lot of an accessory dwelling unit that the 26 city or county in which the urban growth area is located would be 27 prohibited from imposing under section 4 of this act.28 (2) For the purposes of this section, "urban growth area" has the 29 same meaning as in RCW 36.70A.030.30 (3) A city or county issuing a permit for the construction of an 31 accessory dwelling unit may not be held civilly liable on the basis 32 that the construction of the accessory dwelling unit would violate a 33 restrictive covenant or deed restriction.34 NEW SECTION. Sec. 11. A new section is added to chapter 64.38 35 RCW to read as follows:36 p. 10 EHB 1337.SL (1) Except governing documents of associations created to protect 1 public health and safety, and ground and surface waters from on-site 2 wastewater, governing documents of associations created after the 3 effective date of this section and applicable to a property located 4 within an urban growth area may not impose any restriction or 5 prohibition on the construction, development, or use on a lot of an 6 accessory dwelling unit that the city or county in which the urban 7 growth area is located would be prohibited from imposing under 8 section 4 of this act.9 (2) For the purposes of this section, "urban growth area" has the 10 same meaning as in RCW 36.70A.030.11 (3) A city or county issuing a permit for the construction of an 12 accessory dwelling unit may not be held civilly liable on the basis 13 that the construction of the accessory dwelling unit would violate a 14 restrictive covenant or deed restriction.15 NEW SECTION. Sec. 12. A new section is added to chapter 64.90 16 RCW to read as follows:17 (1) Except declarations and governing documents of common 18 interest communities created to protect public health and safety, and 19 ground and surface waters from on-site wastewater, declarations and 20 governing documents of common interest communities created after the 21 effective date of this section and applicable to a property located 22 within an urban growth area may not impose any restriction or 23 prohibition on the construction, development, or use on a lot of an 24 accessory dwelling unit that the city or county in which the urban 25 growth area is located would be prohibited from imposing under 26 section 4 of this act.27 (2) For the purposes of this section, "urban growth area" has the 28 same meaning as in RCW 36.70A.030.29 (3) A city or county issuing a permit for the construction of an 30 accessory dwelling unit may not be held civilly liable on the basis 31 that the construction of the accessory dwelling unit would violate a 32 restrictive covenant or deed restriction.33 NEW SECTION. Sec. 13. The following acts or parts of acts are 34 each repealed:35 (1) RCW 35.63.210 (Accessory apartments) and 1993 c 478 s 8;36 (2) RCW 35A.63.230 (Accessory apartments) and 1993 c 478 s 9;37 (3) RCW 36.70A.400 (Accessory apartments) and 1993 c 478 s 11;38 p. 11 EHB 1337.SL (4) RCW 36.70.677 (Accessory apartments) and 1993 c 478 s 10; and1 (5) RCW 43.63A.215 (Accessory apartments—Development and 2 placement—Local governments) and 1993 c 478 s 7.3 Passed by the House April 14, 2023. Passed by the Senate April 6, 2023. Approved by the Governor May 8, 2023, with the exception of certain items that were vetoed. Filed in Office of Secretary of State May 10, 2023. Note: Governor's explanation of partial veto is as follows: "I am returning herewith, without my approval as to Section 5, Engrossed House Bill No. 1337 entitled: "AN ACT Relating to expanding housing options by easing barriers to the construction and use of accessory dwelling units." Section 5 of the bill gives local governments authority to waive or defer fees, defer payment of taxes, or waive other regulations for the development of accessory dwelling units (ADUs) if specified conditions are met. The specified conditions are that the ADU must be located within an urban growth area, and the ADU must be subject to a locally adopted covenant program ensuring that the ADU will be primarily utilized for long-term housing. Current law allows local governments to waive fees, taxes, and to establish various incentives for the construction of ADUs without requiring the creation of a local covenant program. The administrative costs necessary to administer a new covenant program for ADUs may cause some cities to discontinue current incentive programs. For these reasons I have vetoed Section 5 of Engrossed House Bill No. 1337. With the exception of Section 5, Engrossed House Bill No. 1337 is approved." --- END --- p. 12 EHB 1337.SL v3.4 We strengthen communities GROWTH MANAGEMENT SERVICES Guidance for Accessory Dwelling Units in Washington State 2.0 GUIDANCE FOR ACCESSORY DWELLING UNITS IN WASHINGTON STATE, AUGUST 2023 2 Acknowledgments Washington State Department of Commerce Mike Fong, Director Mark Barkley, Local Government Division, Assistant Director Dave Andersen, Growth Management Services, AICP, Managing Director Editors Anne Aurelia Fritzel, AICP, Housing Programs Manager, Growth Management Services Catherine McCoy, Senior Planner, Growth Management Services Municipal Research and Services Center of Washington (MRSC) Contributors Steve Butler, FAICP, Planning & Policy Manager Ingrid de la Jara, Communications Manager Jill Dvorkin, Esq., Legal Consultant Helen Ippolito, Public Policy Intern Angela Mack, Graphic Designer Lisa Pool, AICP, Public Policy Consultant Oskar Rey, Esq., Legal Consultant Reviewers This publication was developed with support from the land use planners of Washington through Regional Planners' Forums; a panel at the 2022 Washington conference of the American Planning Association; Washington state agency review from the Department of Ecology, Department of Health, Department of Fish and Wildlife, Department of Natural Resources; and through other engagement opportunities. Disclaimer This publication offers guidance for Washington local governments in implementing HB 1337 (laws of 2023) and encourages the creation of new accessory dwelling units (ADUs). It does not constitute legal advice, and is not a substitute for the legal advice of an attorney. Users of this publication should contact their own legal counsel regarding their legal rights or any other legal issue. Also, many of the examples are from current municipal codes which may not yet be consistent with the provisions of HB 1337. Contact For additional information on the GMA housing programs, please visit the GMS Planning for Housing Webpage or contact Anne Fritzel, Housing Programs Manager: Anne.Fritzel@commerce.wa.gov or 360-259-5216 1011 Plum St. SE P.O. Box 42525 Olympia, WA 98504-2525 www.commerce.wa.gov For people with disabilities, this report is available on request in other formats. To submit a request, please call 360-725-4000 (TTY 360-586-0772) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 3 Table of Contents Introduction ................................................................................................................................................ 4 Definitions ................................................................................................................................................... 5 Legal History of ADU Policy in Washington State .......................................................................................... 6 Requirements for cities and urban growth areas........................................................................................... 8 1. Allow two ADUs per lot ......................................................................................................................................... 8 2. Do not require owner occupancy ....................................................................................................................... 12 3. Allow separate sale of ADUs .............................................................................................................................. 12 4. Set off-street parking requirements consistent with HB 1337 ........................................................................ 13 5. Set maximum size limits at no less than 1,000 SF ........................................................................................... 14 6. Reduce setbacks for ADUs (especially rear setbacks) ..................................................................................... 15 7. Limit use of design standards ............................................................................................................................ 16 8. Allow ADUs of at least 24 feet in height ............................................................................................................ 18 9. Reduce impact fees ............................................................................................................................................ 19 10. Other Fees and Exactions ................................................................................................................................. 21 Recommendations for cities and other urban areas .....................................................................................22 1. Allow prefabricated units .................................................................................................................................... 22 2. Streamline ADU permitting processes ............................................................................................................... 23 3. Offer incentives to encourage ADUs that are affordable to lower-income households ................................ 24 Key considerations for counties ..................................................................................................................25 1. Unincorporated UGAs and LAMIRDs ................................................................................................................. 25 2. Rural and natural resource lands ....................................................................................................................... 25 Other programmatic elements to consider ..................................................................................................27 1. Address the use of ADUs as short-term rentals ................................................................................................ 27 2. Provide user-friendly communication materials ............................................................................................... 28 3. Provide information on landlord-tenant laws for prospective ADU owners and ADU tenants ...................... 29 4. Provide information on ADU financing and funding programs ........................................................................ 29 5. Create a program to encourage legalization of unpermitted ADUs ................................................................ 30 6. Provide pre-approved ADU plans ....................................................................................................................... 30 Appendix A: Additional examples and resources .........................................................................................31 Appendix B. Relevant GMHB cases for counties ..........................................................................................35 Appendix C. Resources for programmatic elements ....................................................................................36 Appendix D: Other ADU information and resources ......................................................................................38 REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 4 Introduction Allowing more accessory dwelling units (ADUs) encourages housing construction and increases the overall supply and variety of housing options, helping address the challenges posed statewide by insufficient housing. HB 1337, passed in 2023, requires jurisdictions to allow two ADUs per lot within urban growth areas (UGAs) by six months after the next periodic update due date. The Washington State Department of Commerce (Commerce) presents this publication as an update to the agency's 1994 guidance to assist local governments in implementing this requirement. The objective is to provide information on the requirements, local policy choices, and examples of approaches for consideration by cities, towns, and counties, in accordance with the bill. This guidance is structured into the following sections:  Requirements for cities and other urban areas.  Recommendations for cities and other urban areas.  Key considerations for counties (rural and resource lands).  Other programmatic elements to consider. This document provides detail on the state law and local policy choices. Please note that throughout this document quoted state laws are bolded. Benefits of ADUs Construction of new ADUs has many benefits, including to:  Add to the diversity of housing options.  Provide a housing type that blends in well with existing low density residential neighborhoods.  Cater to our state’s changing demographics, including more seniors and smaller household sizes.  Provide housing that is typically more affordable than traditional detached single-family homes.  Add housing units without expanding urban growth areas.  Correct historic economic and racial exclusion by opening up single-family neighborhoods to more diverse housing and household types.  Reduce climate impacts because ADUs tend to be smaller and use less energy than traditional single- family homes.  Use existing infrastructure such as sewer, water and streets. For these reasons, ADUs can be an effective and “gentle” way of helping to accommodate the state’s growing population. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 5 Definitions Local governments should review their development regulation definitions to ensure consistency with RCW 36.70A.696, as amended. This will help facilitate consistent implementation of these requirements and reduce the need for interpretation due to missing or outdated definitions. Accessory Dwelling Unit (ADU) A dwelling unit located on the same lot as a single- family housing unit, duplex, triplex, townhome or other housing unit. Attached ADU An ADU located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit. Detached ADU An ADU that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome or other housing unit and is on the same property. Dwelling Unit A residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking and sanitation. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 6 Basement attached ADU example, with attached ADU entrance on the side of the structure. Credit: Steve Butler. Legal History of ADU Policy in Washington State As required by the 1993 Washington Housing Policy Act, Commerce made recommendations to encourage development and placement of ADUs, published in 1994 as the Model ADU Ordinance Recommendations. The Act required cities of over 20,000 population and counties of over 125,000 population, planning under the Growth Management Act to incorporate the Commerce recommendations into their zoning and development regulations. To allow local flexibility, the recommendations were subject to local regulations, conditions, procedures, and limitations. In 2019, the state Legislature found that Washington State had a housing affordability crisis and sought to promote and encourage the creation of ADUs. Commerce offered a grant program1 to encourage cities to adopt regulations to increase housing supply, including to: (1) authorize ADUs in one or more zoning district in which they are currently prohibited; (2) remove minimum parking requirements; (3) remove owner occupancy requirements; (4) adopt new square footage requirements that are less restrictive than existing requirements; and (5) develop a local program that offers homeowners a combination of financing, design, permitting or construction support to build ADUs.2 In 2020, the legislature adopted restrictions on how much off-street parking local governments could require for ADUs near transit stops. As a result, cities that fully plan under the GMA could not require off-street parking for ADUs within a quarter mile of a major transit stop, with certain limited exceptions.3 In 2021, the legislature amended RCW 36.70A.070(2)4 to require all cities and counties that fully plan under the GMA to "consider the role of accessory dwelling units in meeting housing needs." In addition, Section 7 of the bill stated that cities and counties “should consider” certain policies to encourage the construction of ADUs. Governor Jay Inslee vetoed this section because it did not specifically limit the policies to lands within urban 1 This is codified in RCW 36.70A.600. 2 RCW 36.70A.600(1)(n), (o), (p), (q) and (x), passed in 2019, and updated in 2020 to this current list of options. 3 RCW 36.70A.698 4 See HB 1220. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 7 growth areas. The Governor’s veto illustrates a fundamental point: While there is little doubt that local governments should encourage ADUs in cities and UGAs, very different considerations come into play with respect to county rural and resource lands. In 2023, HB 1337 amended RCW 36.70A to add significant changes to local government roles for regulating ADUs. Within urban growth areas, cities and counties:  Must allow two ADUs per residential lot. They may be attached, detached, or a combination of both, or may be conversions of existing structures.  May not require the owner to occupy the property, and may not prohibit sale as independent units.  May not charge more than 50% of impact fees charged for the principal unit.  Must allow an ADU of at least 1,000 square feet and must adjust zoning to be consistent with the bill for things such as height, setbacks, and other regulations.  Must set consistent parking requirements based on distance from transit and lot size. If a city or county does not amend its rules to be consistent with the law, the statute will "supersede, preempt and invalidate any conflicting local development regulations."5 Other new provisions in HB 1337  Actions taken by a city or county to comply with new requirements are exempt from legal challenge under GMA or SEPA.6  Cities and counties are not required to authorize the construction of an ADU where development is restricted under rules as a result of physical proximity to on-site sewage system infrastructure, critical areas, or other unsuitable physical characteristics of a property.7  Cities and counties may restrict the use of ADUs for short term rentals.8  Cities and counties may apply public health, safety, building code, and environmental permitting requirements to an ADU that would be applicable to the principal unit, including regulations to protect ground and surface waters from on-site wastewater.9  ADUs are not required to be allowed on lots with critical areas, or around SeaTac airport.10  Local governments are protected from civil liability if they issue a permit for an ADU on a lot with a covenant or deed restricting ADUs.11 5 RCW 36.70A.680(1)(b), RCW 36.70A.697(2) 6 RCW 36.70A.680(3) 7 RCW 36.70A.680(4) 8 RCW 36.70A.680(5) 9 RCW 36.70A.680(5) 10 RCW 36.70A.681(2) and (4) 11 RCW 64.34.120(3) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 8 Detached ADU/"Carriage House" in Portland. Credit: Radcliffe Dacannay, Radworld (Creative Commons). Requirements for cities and urban growth areas 1. Allow two ADUs per lot Allowing ADUs in residential neighborhoods creates additional housing options and gives homeowners greater flexibility by providing rental income or a place for they or their family members to age in place. State law Within urban growth areas, cities and counties must allow two ADUs on all lots in zoning districts that allow for single-family homes.12 The ADUs may be:  Two attached ADUs such as unit in a basement, attic, or garage;  One attached ADU and one detached ADU; or  Two detached ADUs, which may be comprised of either one or two detached structures.  A conversion of an existing structure, such as a detached garage.13 When lots are small Cities and counties must allow an ADU on any lot that meets the minimum lot size required for the principal unit.14 Minimum lot sizes set the base lot size for development as part of a subdivision process. To support more ADU development, local governments should reduce or eliminate minimum lot size requirements for 12 RCW 36.70A.681(1)(c) 13 RCW 36.70A.681(1)(j) 14 RCW 36.70A.681(1)(e) states that an ADU must be allowed if the lot meets minimum size for the principal unit. RCW 36.70A.681(3) states that cities and counties may set a limit of two ADUs, on a residential lot of 2,000 square feet or less. However, if two ADUs are allowed on lots that meet the minimum lot size, 2,000 SF is not generally going to be a standard lot size and may not have sp ace for even one ADU. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 9 ADUs with existing development and allow ADUs on all lots. Where lots are smaller than the minimum allowed by the zone, cities may choose to rely on the capacity of the lot, sewer, septic, parking, and landscaping or other regulations to set the limits on one or two ADUs. Examples  Enumclaw Municipal Code Sec. 19.34.050: Allows ADUs on lots of any size.  Kenmore Municipal Code Sec. 18.73.100: Does not require a minimum lot size for ADUs.  Renton Municipal Code Sec. 4-2-110C: Permits ADUs on lots 3,000 square feet or less. Restricted development locations Cities and counties are not authorized to allow construction of ADUs in locations where development is restricted under other laws, rules, or ordinances due to physical proximity to on-site sewage system infrastructure, critical areas or other unsuitable physical characteristics of a property.15 This includes critical areas protection standards, such as buffers and setbacks, as well as associated environmental permitting review and process requirements. In short, cities and counties should apply the same public health, safety, building code and environmental permitting requirements to an ADU that would be applicable to the principal unit, including regulations to protect ground and surface waters from on-site wastewater. The provisions of HB 1337 provide no authority to override local ordinances that address public health and safely. Cities and counties may restrict ADU development:  Within areas designated as critical areas (see below).  In shoreline areas so designated under a shoreline master program (see below).  On lots in a watershed serving a reservoir for potable water if that watershed is or was listed, as of July 1, 2023, as impaired or threatened under Section 303(d) of the federal Clean Water Act (33 U.S.C. Sec. 1313(d)).16  In zones with a density of one dwelling unit per acre or less that are in critical areas, designated as wetlands, fish and wildlife habitats, flood plains, or geologically hazardous areas.17 Generally any zones with such low densities within UGAs are so designated to protect the critical area, so adding additional development in the form of an ADU is not consistent with this exception.  Within a mile radius of SeaTac airport.18 For areas without sewer  Cities/counties may prohibit ADUs on properties not served by sewers.  Septic and related wastewater rules to protect water-quality located in local health codes and 246-272A and -272B WAC continue to apply to on-site systems for ADUs.  The Department of Health expects attached ADUs to be more likely to be connected to the same septic system as the primary single family residence since they are easier to build compliant with Department of Health rules. The septic system needs to be designed to accommodate this additional wastewater flow.  Detached ADUs could, depending on local rules, be served by a separate septic system. The requirements, including horizontal setback and maximum density requirements of the rule(s) would apply. 15 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Shoreline-planners-toolbox 16 RCW 36.70A.681(4) 17 RCW 36.70A.680(5) 18 RCW 36.70A.681(2) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 10  In areas where sewers are likely to be built in the future, plan reviewers may want to take measures to accommodate the eventual conversion from septic systems to sewer. Critical areas Cities and counties shall limit ADU development as necessary to meet critical areas protection standards. All ADU development must be reviewed for consistency with critical area protection ordinance provisions, and shall only be allowed when consistent. Critical areas include:  Wetlands, and fish and wildlife habitat conservation areas provide critical ecological functions. They are protected for their intrinsic values and no additional development is appropriate. Internal conversions of existing space to an ADU may be permissible, provided all other protections are observed.  Floodplains and geologically hazardous areas are identified as hazard areas that may pose dangers to life safety and property. Most local jurisdictions allow some development in floodplains and geologically hazardous areas. However, the development must go through a detailed review process that provides analysis of the site-specific conditions and the proposed development, supported by reports from certified experts such as geologists and engineers.  Critical aquifer recharge areas (CARAs), which are important to allow groundwater to recharge aquifers used for drinking water. In these areas, regulations generally protect against hazardous uses and ensure impervious surfaces do not restrict groundwater recharge. ADU development over CARAs may be allowed if it can be demonstrated they will not impact potable water. While ADUs shall be allowed in residential neighborhoods within the UGA, in geohazard and wetland areas they must be designed and located to avoid critical area impacts consistent with the mitigation sequence,19 which includes to:  Avoid the impact altogether by not taking a certain action or parts of an action.  Minimize impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts.  Rectify the impact by repairing, rehabilitating or restoring the affected environment.  Reduce or eliminate the impact over time through preservation and maintenance operations during the life of the action.  Compensate for the impact by replacing, enhancing, or providing substitute resources or environments.  Monitor the impact and taking appropriate corrective measures. Reasonable use exceptions Detached ADUs are not necessary for reasonable residential use within critical areas and should not be allowed within critical areas or their buffers under reasonable use exceptions. It may be possible to convert space within existing homes to create an ADU if no new exterior construction, expansion of the footprint or additional impervious surface is added. 19 https://ecology.wa.gov/Water-Shorelines/Wetlands/Mitigation/Avoidance-and-minimization REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 11 ADUs in shorelines under a shoreline master program Shorelines and shorelands are governed under the city, town, or county’s Shoreline Master Program (SMP). Although residential uses are allowed in many shoreline environment designations (SEDs), ADUs may not be appropriate in all SEDs. The ADU requirements outlined in HB 1337 are intended to apply within the UGA governed under the Growth Management Act and are not automatically applicable within the shoreline jurisdiction governed under the Shoreline Management Act (SMA). Local governments should plan for ADUs located within shoreline jurisdiction during a periodic review of their SMP20. Review and update of an SMP is required every ten years but can be initiated by a local government outside of the required schedule. Chapter 90.58 RCW, Chapter 173-26 WAC, and Ecology approved local shoreline master programs restrict development under SMA goals, policies, purpose and intent. Within shoreline jurisdiction, zoning code provisions can be applied, but they must be reviewed in addition to the bulk, dimensional, performance, and use standards of the SMP, and all new development and uses, including ADUs, can only be authorized through the shoreline permitting system outlined in Chapter 173-27 WAC. Each SMP contains residential use regulations and development standards which ensure that allowed uses and development remain compatible with the shoreline environment and SMP and allow no net loss of shoreline ecological function. If allowed under the SMP provisions, ADUs would still need to be located outside of all shoreline buffers and setbacks and would need to meet other SMP critical area, density, impervious surface, and vegetation conservation provisions. ADUs are not necessary for reasonable residential use within shoreline jurisdictions and should not be included as project components in shoreline variance permit applications. Local governments wanting to address ADUs under the authorities of their SMP should consult Washington State Department of Ecology guidance21 and work closely with their Ecology shoreline planner.22 Examples  Black Diamond Municipal Code Sec. 18.56.030 – Allows two ADUs in conjunction with the primary unit provided adequate provisions for water and sewer are met.  Langley Municipal Code Sec. 18.08.095 – Allows one attached and one detached ADU on a lot with a single-family dwelling connected to sewer.  Burien Municipal Code Sec. 19.17.070 – Permits a maximum of two ADUs (one attached and one detached) per detached house. 20 The timetable for local governments to develop or amend master programs is required by RCW 90.58.080, 21 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Contacts 22 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Shoreline-planners-toolbox If allowed, ADUs within shoreline jurisdiction should be outside of buffers and setbacks. Credit: Ecology. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 12 2. Do not require owner occupancy Owner occupancy standards have typically required that a property owner live in either the primary residence or the ADU, however that may limit the ability of the owner to develop or rent and ADU. State law Within UGAs, cities and counties may not require the owner of a lot on which there is an ADU to reside in or occupy the ADU or another housing unit on the same lot.23 RCW 36.70A.696(9) defines owner as any person who has at least 50% ownership in a property on which an ADU is located. Local policy choice When a unit is used as a short-term rental (STR), a local government may choose to require an owner to occupy either the primary or an accessory unit. (See the section on short-term rentals.)24 Examples  Bremerton Accessory Dwelling Units  Kirkland Accessory Dwelling Units  Seattle Accessory Dwelling Units  Vancouver Accessory Dwelling Units 3. Allow separate sale of ADUs Because they are smaller and generally more affordable than most typical single-family homes, sales of ADUs as separate units can increase homeownership opportunities for first-time homebuyers and low-income households. State law  A city or county may not prohibit the sale or other conveyance of a condominium unit independently of a principal unit solely on the grounds that the condominium unit was originally built as an accessory dwelling unit.25 Washington’s Condominium Act, which provides for the creation of condominiums, does not preclude ADUs from being created as a part of a condominium development. Here, the unit is individually owned and the remainder of the property is under common ownership. Local governments wanting to regulate how ADUs are converted to a condominium form of ownership should work closely with their legal counsel in reviewing RCW 64.90.025 and other related laws.26 Zero lot line subdivisions and lot splits are mentioned in Section 4(2) of HB 1337, however, there is currently no authorization for lot splits in Washington, creating true independent units for ADUs. SB 5258 amends RCW 58.17.060 to require all cities and towns to adopt procedures for unit lot subdivisions to allow division of a parent lot into separately owned unit lots, or owned in common by the owners of the lots. However, this is better used for developments such as townhouses. Examples  Seattle Annual ADU Report 2022 – Addresses ADUs sold as condominiums, highlights the benefits of ADUs as condominiums and the increase in ADUs as condominiums in Seattle since 2018. 23 RCW 36.70A.681(1)(b) 24 RCW 36.70A.680(5)(a) 25 RCW 36.70A.681(1)(k) 26 See additional information on ADUs and condo's at ADUs and Condos: Separating Ownership | Accessory Dwellings REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 13  City of Snohomish Unit Lot Subdivision - the city provides a handout with criteria and the process for unit lot subdivision.  Bellevue unit lot subdivision Web page for townhouses. 4. Set off-street parking requirements consistent with HB 1337 Many lots in established areas aren’t large enough to support both an ADU and off-street parking, effectively prohibiting ADU development. This means that ADUs are often limited to larger lots that can accommodate parking and other site features. Removing off-street parking requirements for ADUs can help to open up possibilities for placing ADUs, especially in urban areas with transportation options. State law Parking limits for ADUs are subject to the following:  Off street parking may not be required as a condition of permitting ADUs within one half mile of a major transit stop.27-28  On lots smaller than 6,000 square feet, no more than one off-street parking space may be required per ADU before any zero lot line subdivisions or lot splits.29  On lots greater than 6,000 square feet, no more than two off-street parking spaces per ADU may be required before any zero lot line subdivisions or lot splits. Local policy choice While on-site parking cannot be required within a half mile of a major transit stop, a city may not want to require on-site parking in other types of walkable areas or where on-street parking is sufficient. Cities may also choose to reduce parking requirements from the maximum limits in statute. Because ADUs typically are for one or two people, no more than one parking space may be needed for any lot size, especially in areas with on- street parking. A parking study Cities may choose to require more parking if Commerce concurs with a locally-conducted empirical study prepared by a credentialed transportation or land use planning professional that clearly demonstrates that parking consistent with the law would be significantly less safe for pedestrians, bicyclists, or people in vehicles than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses.30 Commerce is required to develop guidance on the contents of the study by the end of 2023. Related to the issue of off-street parking requirements are garage conversions for ADUs. This type of ADU may be more affordable since the changes are primarily internal to an existing structure, and they’re popular with retirees who want to age in place because they generally have “no-step entries.” Because HB 1337 requires cities to allow garage conversions, and to reduce parking requirements, Commerce recommends that cities allow any replacement parking for the primary residence and ADU to be on driveways or on the street if 27 Under RCW 36.70A.681(2), off-street parking for ADUs is prohibited within 1/2 mile of a major transit stop. 28 Major transit stop is defined in RCW 36.70A.696. 29 This part of statute references zero lot line subdivisions, however, for the purposes of this guidance, this means the ADU is not subject to primary unit parking requirements, even if subdivided from the primary unit. 30 RCW 36.70A.681(2). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 14 possible. Low impact development pervious pavement options may be an offset tool to address additional parking, while also reducing overall site impervious surface area. Examples  Fircrest Municipal Code Sec. 22.58.012 – Doesn’t require additional off-street parking for ADUs unless the planning director determines there is insufficient on-street parking to satisfy parking demand.  Kenmore Municipal Code Sec. 18.73.100 – No additional off-street parking spaces are required for an ADU.  Sumner Municipal Code Sec. 18.12.030 – ADUs created via garage conversion are not required to have off- street parking, as long as there is available on-street parking and the unit is located within half a mile of the Sumner transit station.  Kirkland Municipal Code Sec. 115.07 – Doesn't require off-street parking for one ADU. On lots with more than one ADU, one space is required, with exceptions (available street parking within 600 feet or property is located within 1/2 mile of frequent transit). Smith Gillman Cottage converted garage. Credit: CAST architecture. 5. Set maximum size limits at no less than 1,000 SF Local governments typically enact maximum size limits for buildings to ensure there is enough space on a lot for site features like parking and green space. However, maximum size limits that are too restrictive pose design and use limitations. ADU size limits are typically smaller in urban infill areas than they are for larger greenfield sites. Some cities and other urban areas set a single maximum that is based on square footage, while others couple this standard with a percentage of the primary residence. State law ADU size limits must allow a gross floor areas of at least 1,000 square feet within UGAs.31 New amendments to RCW 36.70A.969 define "gross floor area" as the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure. 31 RCW 36.70A.681(1)(f) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 15 Examples  Chelan Municipal Code Sec. 17.20.20 – Limits ADUs in its single-family residential district to 1,200 square feet or no more than 50% of the total square footage of the primary residence, whichever is less. The planning director may approve an increased size to efficiently use all floor area if all other standards are met.  Kenmore Municipal Code Ch. 18.73 – Attached ADUs are limited to 1,000 square feet unless the ADU is proposed for preexisting floor area on a single level of the primary unit. For detached ADUs, maximums are based on lot size. 6. Reduce setbacks for ADUs (especially rear setbacks) State law A city or county may not impose setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review for ADUs that are more restrictive than those for principal units.32 A city or county must allow detached ADUs to be sited at a lot line if the lot line abuts a public alley, unless the city or county routinely plows snow on the public alley.33 Setback requirements, which establish the minimum distance from front, side, or rear lot lines, create space between a building and adjacent uses. Some codes establish setbacks for ADUs that mirror those of the principal unit, thereby limiting space for ADUs, especially detached ADUs on small lots. Many urban communities have begun requiring separate, less restrictive setbacks specifically for ADUs. For example, some cities and other urban areas reduce or waive setbacks for detached ADUs alongside and rear lot lines, and alleys. 32 RCW 36.70A.681(1)(h). 33 RCW 36.70A.681(1)(i). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 16 Detached ADU over a garage with relaxed rear setback. Credit: Steve Butler. Examples  Bellingham Municipal Code Sec. 20.01.036 – Exempts detached ADUs from side and rear yard setbacks when abutting an alley.  LaCenter Municipal Code Ch. 18.247 – Allows detached ADUs at the rear yard lot line if adjacent to an alley. Zoning codes should clearly describe ADU standards, which should be at most the same as those for the primary unit. When ADUs are added on a lot, they should fit on the lot, and be consistent with yard coverage limits and tree retention provisions. Stormwater low impact development features such as rain gardens and other bioretention options can be used to define setback areas for an ADU and principal lot, and should be features to support additional units, rather than be barriers. 34 7. Limit use of design standards Design standards often involve ensuring ADUs are compatible with the primary residence through features such as architectural style, window placement, roof form and pitch, and building materials. ADU design standards, however, can have the unanticipated impact of increasing project costs by lengthening the time needed for local ADU project review. ADUs can complement, but need not be exactly the same as the principal unit. Design standards must be clear and objective, should be no more prescriptive than those for single-family 34 Commerce's guidebook: Incentivizing Low Impact Development (LID) Beyond Permit Requirements includes tools and outreach materials that local governments can utilize to encourage developers to go beyond existing stormwater requirements and help reduce site impervious areas. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 17 homes, and may not result in a reduction in density, height, bulk, or scale below the requirements of the underlying zone.35 State law on design standards A city or county may not impose setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review for ADUs that are more restrictive than those for principal units.36 Local governments should minimize the use of ADU design standards. In some cases, standards may be used to address privacy, for example making sure that the ADU’s windows are located to preserve privacy between the ADU and neighboring properties or private open space. HB 1293 (laws of 2023) adds to RCW 36.70A and amends RCW 36.70B to streamline local design review processes, requiring “clear and objective” standards that don’t reduce development capacity otherwise allowed. Any design review process must be conducted concurrently, or otherwise be logically integrated, with the consolidated review and decision process for project permits set forth in RCW 36.70B.120(3). No design review process may include more than one public meeting. A county or city must comply with these requirements beginning six months after its next periodic update required under RCW 36.70A.130. The provisions do not apply to regulations specific to designated landmarks or historic districts established under a local preservation ordinance Examples  Ellensburg Municipal Code Sec. 15.540.040 – Does not require ADUs to match the appearance of the primary structure.  Sedro Woolley Municipal Code Sec. 17.100.030 – Allows the planning director to approve interesting detached ADU designs that are dissimilar from the primary structure.  Lacey Municipal Code Sec. 14.23.071 – Has minimal design criteria for attached and detached ADUs, though duplex-like designs are not allowed. 35 RCW 36.70A.630(2). Design review guidelines must provide only clear and objective requirements, such that an applicant can ascertain whether a particular building design is permissible. 36 RCW 36.70A.681(1)(h). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 18 ADU in the Wedgewood neighborhood of Seattle. Credit: Pam MacRae, Sightline Institute. Used with permission. 8. Allow ADUs of at least 24 feet in height State law The city or county may not establish roof height limits on an ADU of less than 24 feet, unless the height limitation on the principal unit is less than 24 feet, in which case, a city or county may not impose roof height limitation ADUs is less than the height limit that applies to the principal unit.37 Cities and other urban areas typically set building height limits to address issues like views and privacy; however, they also limit design options and use land less efficiently. Some communities set one height limit for both the principal unit and ADUs, while others have a separate maximum for ADUs. Examples  Kenmore Municipal Code Sec. 18.73.100 – Allows ADUs up to 35 feet. 37 RCW 36.70A.681(1)(g). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 19  Spokane Municipal Code Sec. 17C.300.130 – Has height limits that are more nuanced and relate to the proximity of an ADU to a property line. Larger, taller detached ADU – 1130 SF. Credit: Eddie Bojorquez/Crest Backyard Homes. 9. Reduce impact fees Impact fees Impact fees are one-time charges assessed by a local government against a new development project to help pay for new or expanded public capital facilities that will directly address the increased demand for services created by that development. RCW 82.02.050 authorizes counties, cities, and towns planning under the Growth Management Act (GMA) to impose impact fees for:  Public streets and roads;  Publicly owned parks, open space, and recreation facilities;  School facilities; and  Fire protection facilities. Because ADUs are generally smaller than standard single family homes, they typically have fewer people living in them, and likely cause fewer impacts. State law The city or county may not assess impact fees on the construction of accessory dwelling units that are greater than 50 percent of the impact fees that would be imposed on the principal unit.38 38 RCW 36.70A.681(1)(a) and SB 5258 (section 10, laws of 2023) amends RCW 82.02.060 to require local governments to publish a schedule of impact fees which reflects the proportionate impact of new housing units. This includes multifamily and condo units, based on square footage, number of bedrooms or trips generated, to produce a proportionally lower impact fee for smaller housing units. Local governments must adopt this schedule within six months after the periodic update due date. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 20 Local policy choice Local governments may charge according to the size of the unit, fixture count, or location with the community, or completely waive fees, but in no case should the fees be more than 50% of what would be charged to the principal unit. Examples  Everett 2023 Impact Fees Schedule – Waives transportation and school impact fees for ADUs.  Olympia Municipal Code Ch. 15.08 – Waives school impact fees and reduces transportation and park impact fees for ADUs.  Renton 2019-2020 Fee Schedule (Section XII) – Provides impact fee reductions and waivers for ADUs.  Lake Stevens Municipal Code Sec. 9.25.010 – Reduces utilities connection fees for ADUs based on ADU size. Utility connection fees/system development charges System development charges, or connection fees may be charged for area-wide improvements for water, sewer or stormwater. Like impact fees, communities may charge according to the unit’s impact on the system. A fundamental feature of ADUs is that the ADU is “accessory to” a primary residential unit. As a result, the ADU will be smaller, typically have fewer people living in it, and have a reduced demand for municipal services. Metering considerations when connecting to the sewer system The Department of Health considers an ADU a separate dwelling unit if it is located outside and separate from the single family residence (detached). An ADU located within the single-family residence, such as a basement or attic unit, is generally not considered a separate connection to the sewer system for the purposes of metering. The total number of service connections is determined by counting each single-family home, each dwelling unit in a multi-family building, and each nonresidential building that the water system serves. Local policy choice There is no specific requirement to reduce charges for sewer, water and stormwater, as there is for impact fees, but a local government has the option of removing, reducing or waiving connection fees or system development charges to meet public purposes. Because of the dependent nature of ADUs, it is recommended that local governments allow shared meters, especially for attached units that are within the capacity of an existing meter. There may be limited cases in which separate meters are necessary because of site configuration or separate sale. They may choose to reduce system development charges to 50% as well because these charges are meant to fund area wide system development improvements, and an ADU generally has a smaller impact. Examples  King County has a detailed system capacity charge system with charges that vary based on the size and form of the housing unit, with addition discounts for affordable units. https://kingcounty.gov/en/dept/dnrp/waste-services/wastewater-treatment/sewer-system- services/capacity-charge/about  Kirkland Accessory Dwelling Units – This webpage provides the following information:  ADUs are not subject to water capital facility charges if there are no changes to the water service/meter.  ADUs are not subject to sewer capital facility charges.  ADUs are not subject to the surface water capital facility charge if the primary residence is already connected to the public storm system. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 21  Olympia Municipal Code Ch. 13.04 and Ch. 13.08 – Provides the option of new connections or tie-ins when developing an ADU. There is no charge when the connection occurs on the lot. The Olympia Engineering and Design Standards Section 7B.080 addresses the issue of ADUs and side sewers.  Sedro Woolley Municipal Code Sec. 17.100.030 – Utilities may be shared between an ADU and the primary dwelling. Sewer connection fees are collected at a reduced rate depending on the size of the ADU. 10. Other Fees and Exactions State law A city or county may not require public street improvements as a condition of permitting ADUs.39 State law requires that public street improvements must not be required as a condition of permitting ADUs, even if the development of the primary unit can trigger such improvements. Another barrier might be the cost of permit fees. Local governments often attempt to recoup the actual cost of processing land use permits, but there is not a legal requirement that they do so. A city or county could choose, for policy reasons, to charge a lower amount for ADU applications as part of a strategy to encourage property owners to construct new ADUs on their properties. In addition, lowering fees makes sense if a city or county is taking other steps to streamline the ADU process, since those measures may also result in lower permit administration costs. Examples  Spokane Municipal Code Sec. 08.02.031 – Waived permit fees for ADUs on lots within half a mile of certain zoning districts. The waiver is set to expire at the end of 2024.  Washougal Municipal Code Sec. 18.46.020 - Does not charge an application fee for detached ADU development. 39 RCW 36.70A.681(1)(l). The GMA does not currently define "public street improvements", however "public facilities" is defined in RCW 36.70A.030 and "public improvements" in RCW 39.114.010; both include street and road construction including sidewalks, street and road lighting systems, storm and sanitary sewer systems, among other public improveme nts. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 22 Recommendations for cities and other urban areas The following recommendations are not required but are suggestions to encourage the development of ADUs. They are to apply only to cities, towns, and other urban areas, including unincorporated urban growth areas (UGAs) and limited areas of more intensive development (LAMIRDs). The purpose of applying these ADU recommendations to cities and other urban areas, and not to rural areas or resource lands is to support the GMA's goals of encouraging development in urban areas and reducing sprawl. 1. Allow prefabricated units Prefabricated detached ADUs can provide a degree of cost savings, which may make them more affordable for property owners, especially in more remote areas that may not have access to the tradespeople needed to construct ADUs. Because materials and manufacturing are centralized at an off-site manufacturing facility, prefabricated units require less construction time than conventionally built structures and can be constructed year-round in a climate-controlled factory. RCW 35A.21.312 allows for consumer choice in housing, requiring local government to allow the placement of factory-built homes in any location where site-built homes are permitted. The law was likely developed to apply to primary units, and not necessarily ADUs. However, cities and counties may adopt a set of additional standards, relating to permanent foundation, roof pitch, and design, although not all of those standards should be applied to ADUs. Any prefabricated unit must meet state standards.40 Local codes may refer to larger manufactured homes, and may not be related to small homes, such as park models, more suitable for an ADU. Example  Bremerton Municipal Code Sec. 20.46.010 – Allows for manufactured homes to be used as ADUs. Prefab detached ADU: Nanny Flat, Elder Cottage. Credit: Eddie Bojorquez/Crest Backyard Homes. 40 See the Washington Department of Labor & Industries page on Manufactured Home Permits & Inspections. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 23 Tiny houses Tiny houses, or tiny houses with wheels, as defined in RCW 35.21.686, are not generally allowed as ADUs because they may not meet the standards required for a permanent residential unit, such as a foundation, water supply and sewage disposal. However, some communities are starting to consider allowing tiny homes on wheels as temporary units, with appropriate connections and tie-downs.41 One exception in state law is that tiny homes on wheels and RVs may be used as permanent living quarters only when situated in manufactured/mobile home communities, but they are still subject to certain life/safety and utility hookup requirements per RCW 35.21.684. Tiny houses must be inspected and meet the standards of the Washington State Department of Labor and Industry.42 Prefab ADU travelling from factory to residential site / installed on-site. Credit: Roger Fitzsimons. 2. Streamline ADU permitting processes A local permitting process should be designed to make it as easy as possible for an applicant to prepare and submit a development permit application, and for the permit review staff to review and quickly approve it. This approach should be particularly true for the types of development that a community is actively trying to encourage, such as ADUs. Discretionary project permitting processes, such as those requiring conditional use permits, hearings examiner review, and public hearings add extra time and cost to getting a development project approved. These processes make sense for situations where a proposed project may be large or have a number of potential 41 Port Townsend allows tiny homes on wheels. (THROWS) https://cityofpt.us/planning-community-development/page/new-july-1st- tiny-house-wheels-thows 42 See the Washington Department of Labor & Industries page on Tiny Houses. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 24 impacts on a neighborhood or community. For small, low-impact development projects that advance adopted public policy such as new ADUs, a discretionary permitting process creates an unnecessary barrier to ADU construction. Local governments should allow ADUs “by-right,” with project review and approval to be done administratively. Having an expedited or shorter review process for ADUs can also include preferential review of ADU proposals. Providing pre-approved ADU plans is another method for reducing the time needed to review an ADU proposal (see provide pre-approved ADU plans below). Streamlining can be additionally bolstered by checklists that clarify the ADU approval process (see below on providing user-friendly communication materials). Examples  Pasco Municipal Code Sec. 25.161.030 – ADU applications are approved administratively.  Sequim Municipal Code Sec. 18.66.040 – Requires a single administrative permit for ADU development. The application must be processed by the community development director within 30 days of submittal (Sec. 20.01.080). 3. Offer incentives to encourage ADUs that are affordable to lower- income households While ADUs are generally more affordable than a typical single-family home, most aren't affordable to households making less than 80% of the area median income (AMI). To address this issue, some local governments offer incentives for ADUs that are affordable for lower-income households (that is, less than 80% AMI) for a set number of years (such as 50 years). These types of incentives usually involve requiring affordability in exchange for providing a “bonus,” like higher densities in the form of an additional ADU. Local governments can also support affordability for low-income residents by incorporating ADUs into their affordable housing funding programs and forming partnerships with community land trusts and other non - profit organizations. Local policy choice There are a number of ways that local governments can offer reductions for affordable housing, most require some kind of assurance that the unit will remain affordable over time.  RCW 82.02.060(4) also authorizes local governments to offer impact fee reductions or waivers for affordable housing. An exemption for low-income housing granted under this section, however, must be conditioned upon requiring the developer to record a covenant that prohibits using the property for any purpose other than for low-income housing.  RCW 36.70A.540 authorizes local governments to expand affordable housing incentive programs to include, among other things, fee waivers or exemptions provided the local government is committed to continuing affordability for at least 50 years.  A local government may offer “tap-in charge” waivers for low-income persons (under RCW 35.92.380 or RCW 36.94.370).43 Examples  CLTplusOne — A pilot program offered by Durham (NC) Community Land Trustees, which pairs a land trust home with ADUs on the same lot. Both the primary residence and rental unit are permanently affordable (see this Shelterforce article on Durham’s Community Land Trust). 43 For more information on this topic, see MRSC’s Affordable Housing Techniques and Incentives - Reduction/Waiver of Fees. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 25  Seattle Municipal Code Sec. 23.44.041 – Allows a second ADU on a lot if one of three conditions are met: conversion within an existing structure, green building standards, or affordability for “income- eligible households” for a minimum of 50 years. Key considerations for counties GMA-planning counties must plan and provide regulatory frameworks for four land use categories in decreasing order of ADU intensity:  Unincorporated UGAs.44  LAMIRDs  Rural lands  Designated natural resource lands 1. Unincorporated UGAs and LAMIRDs Unincorporated urban growth areas In unincorporated UGAs, which are generally intended to have urban services and eventually become or annex into cities, the requirements in this guidance apply within 6 months of the next periodic update.45 LAMIRDs Within Limited Areas of More Intensive Rural Development (LAMIRDs), the outer boundary may not change, but the LAMIRD may be filled in with new development, including ADUs. 2. Rural and natural resource lands ADU regulations outside of urban growth areas require consideration of a different set of factors than ADU regulations in cities and urban growth areas. ADU provisions in rural and resource areas must be accompanied by measures to protect rural character, conserve resource lands, and limit density and sprawl. One of the benefits of ADUs in urban areas is that under HB 1337, the ADUs can be sold separately and add to the supply of attainable housing for moderate on maybe lower income households. The same does not hold true in rural areas, where the ADU cannot be sold separately, and the private cost of transportation and public cost of transportation-related emissions reduces the public benefit of ADUs in rural areas. When developing or amending regulations, counties should consider the potential for:  Increased demand for emergency and other services.  Increased traffic on county roads, which may be built to a lower standard.  More housing and increased population in areas potentially prone to wildfires or other natural hazards.  Impact on water supplies.  Conflict with or decrease in land available for agriculture or other natural resource industries. The Growth Management Hearings Boards (GMHBs) have considered challenges to ADU regulations in rural and resource designated areas in a handful of counties. Three hearings boards have issued decisions 44 See Chapter 36.70A RCW. 45 RCW 36.70A.680(1) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 26 disfavoring local regulations allowing detached ADUs where they do not include specific criteria to curtail indiscriminate increased density.46 Rural lands For areas designated as “rural,” the regulations must be consistent with “rural character” as established in the rural element of the county’s comprehensive plan.47 RCW 36.70A.030(23) defines rural character as “[...] the patterns of land use and development established by a county in the rural element of its comprehensive plan.” Importantly, what constitutes rural character in one county may be different than what constitutes rural character in another (RCW 36.70A.011). ADUs should not contribute to sprawl or cause residential uses to predominate over rural uses.48 Given the need to be consistent with and implement their rural, housing, and land use elements of their comprehensive plans (among others), it will be important for counties to “show their work” through the written record, including but not limited to whereas statements, findings of fact, staff reports, and public participation processes; and to articulate legal and policy justifications for their actions. Designated natural resource lands Counties must ensure ADU regulations are consistent with GMA requirements to preserve natural resource lands for resource production. In natural resource lands, the dominant use is to be the agricultural, forestry, or mineral use; residential development must be located to not interfere with the natural resource use, and preserve the majority of land for such use.49 See RCW 36.70A.060. Considerations and examples for rural and resource areas Generally, regulations permitting attached ADUs raise fewer concerns than those permitting detached ADUs. While several counties allow detached ADUs in their rural land designations, most include restrictions related to standards such as:  Size limit on a single ADU.  Minimum lot size to conform to zoning or in some cases, double the minimum lot size.  Proximity to and dependency on the primary residence (such as shared driveway, parking, yard, septic, well, utilities, etc.).  Design standards for consistency with primary unit.  Limitations on number of permits issued annually. 46 Loon Lake Property Owners, et al v. Stevens County, EWGMHB, Case No. 01-1-0002c, Compliance Order (May 30, 2008); Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson, et al v. San Juan County, Case No. 06-2-0024c, FDO/Compliance Order, at 3 (Feb. 12, 2007). 47 County comprehensive plans must include a rural element. A county’s rural element must include policies that ar e consistent with rural character. RCW 36.70A.070(5)(b) provides, in relevant part: "[The rural element] shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, a nd other innovative techniques that will accommodate appropriate rural economic advancement, densities, and uses that are not characterized by urban growth and that are consistent with rural character." 48 RCW 36.70A.020(2) and RCW 36.70A.110(1) and .070(5). Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson, et al v. San Juan County, Case No. 06-2-0024c, FDO/Compliance Order, at 3 (Feb. 12, 2007) — Regulations allowing a detached ADU on substandard rural lots allowed residential use to predominate over rural uses and were therefore noncompliant; Loon Lake Property Owners, et al v. Stevens County, Case No. 01-1-0002C — Allowing an ADU on all parcels —including substandard lots — can considerably increase density within zone. 49 Futerwise v. Snohomish County, Case 22-3-003, Final Decision and Order. The Board found that the county failed to protect agricultural lands of long-term commercial significance, in violation of RCW 36.70A.177, and was inconsistent with multi-county and countywide planning policies, in violation of RCW 36.70A.210. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 27  Restrictions on title. Careful with detached ADUs (attached ADUs preferred) The hearings boards have held that freestanding residential ADUs should be treated as separate dwelling units for purposes of density calculations — although in some cases have found compliant county regulations that allow limited exceptions to detached ADUs triggering such density requirements.50 Attached ADUs are Preferred Conversely, the boards have held that attached ADUs and ADUs converted from an existing structure in close association with the primary residence (such as a garage) do not count toward density in rural and resource areas.51 Examples  Clark County: Accessory Dwelling Unit – Rural (Handout) (2022) – Allows only attached ADUs in rural and resources zones.  Kitsap County: Accessory Dwelling Unit (Handout) (2022) – Requires detached ADUs to be sited within 150 feet of the principal dwelling outside of UGAs. Size limit, 50% of primary unit or 900 square feet, whichever is smaller. Owner occupancy requirements and design standards apply.  San Juan County Code Sec. 18.40.240 – Limits the number of detached ADU permits outside “activity centers” and UGAs in any calendar year to no more than 12% of the total number of building permits for new principal residences issued for the previous calendar year. Further limited to one permit per property owner outside UGAs.  Spokane County: Detached Accessory Dwelling Unit (Handout) – Detached ADUs in selected rural zones must be within 150 feet of principal dwelling and meet several other conditions, including that title notice will be placed on the property that the accessory dwelling may not be sold as a separate residence until such time as the accessory dwelling is located as the sole residence on a legally subdivided parcel.  Walla Walla County Code Sec. 17.08.015 – Requires at least four of six “dependency requirements” be shared for a detached ADU (road access, septic system, water system, utility meters, yard, and parking areas). Other programmatic elements to consider The following “programmatic elements” are not recommendations but are instead meant to be additional options to be considered by cities, towns, and other urban areas, including unincorporated UGAs and LAMIRDS. 1. Address the use of ADUs as short-term rentals Construction of ADUs presents an opportunity to increase a community’s supply of relatively affordable long- term housing. When an ADU is used as a short-term rental (STR), defined as a housing unit being rented for fewer than 30 consecutive days, that housing unit functions as a lodging unit for visitors and not as a housing 50 Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson, et al v. San Juan County, Case No. 06- 2¬0024c, FDO/Compliance Order, at 3 (Feb. 12, 2007). 51 Yanisch v. Lewis County, Case No. 02-2-0007c, Order on Compliance Hearing (Mar. 12, 2004). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 28 unit.52 As a result, some local governments completely prohibit the use of ADUs as STRs, while others limit but don’t completely prohibit that use. The primary rationale for prohibiting or limiting ADUs being used as STRs is that renting an ADU as a long -term housing unit, defined as being rented for more than 30 consecutive days, will have the dual benefit of providing a positive income stream to a homeowner and adding a new residential unit to the local housing supply. Some studies attempt to make the case that ADUs being used as STRs make up “only a small percentage” of the overall stock of STRs (8%-12%).53 For example, data collected by the City of Seattle shows that 11% of the total short-term rental units were ADUs. It should be noted, however, that 11% still represents 418 units that are not contributing to that city’s long-term housing supply. Given the significant policy implications, local governments located in areas with high demand for short-term rentals, such as popular tourist destinations, should carefully consider the pros and cons of allowing ADUs to be used as short-term rentals. State law Cities and counties may restrict the use of ADUs for short term rentals.54 Examples  Bellingham Municipal Code Sec. 20.10.037 – Does not allow STRs in detached ADUs in single-family zones but does allow them in detached ADUs in other zones, and in attached ADUs citywide.  Poulsbo Municipal Code Sec. 18.70.070 – Does not allow ADUs to be used as STRs. Sequim Municipal Code Ch. 18.66 – Does not allow ADUs to be used as STRs. 2. Provide user-friendly communication materials To assist applicants in navigating the ADU permitting process, local governments can provide user-friendly ADU webpages, informational handouts, guides, and checklists. These guidance documents can help by clearly articulating ADU requirements to property owners, homeowners, contractors, and developers. Clear materials inform those who are interested in building ADUs and encourage interest in ADU construction. Examples  Bremerton Guide to Establishing an ADU (2021) – Includes an overview of the city’s ADU standards and links to permit requirements.  Lake Stevens ADU Permit Checklist – Helps applicants understand the city’s ADU provisions.  Olympia ADUs & Accessory Structures Guide (2022) – Includes an overview of ADU regulations and standards, including design review requirements and guidelines.  Seattle ADUniverse: The ABCs of ADUs – Includes a step-by-step guide to creating an ADU.  Thurston County ADU Handout (2021) – Covers the main elements of the county’s three-step ADU permitting process. 52 RCW 36.70A.696(9) defines short-term rental as "a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short -term rental operator for a fee for fewer than 30 consecutive nights." 53 See, for instance, the Urban Land Institute’s report Jumpstarting the Market for ADUs: Lessons Learned from Portland, Seattle, and Vancouver. 54 HB 1337 Section 3(5)(a). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 29 3. Provide information on landlord-tenant laws for prospective ADU owners and ADU tenants For many homeowners renting an ADU on their property, this may be the first time they have served as a landlord. As a result, they may not be familiar with relevant local, state, and federal laws that apply to landlords (such as the Fair Housing Act). Conversely, renters also have certain rights and responsibilities under these laws that both landlords and tenants should know. The Washington Residential Landlord-Tenant Act includes the state’s key landlord-tenant laws.55 Some local governments have created landlord-tenant regulations and programs with additional protections for renters, including rental registration and extra notice of rent increases and/or inspections. To inform both landlords and tenants about these requirements, local governments can develop user-friendly summaries of these resources and provide them to ADU applicants during the permit process. Examples  Bellingham: Landlords and Tenants – Includes information on the city’s rental housing regulations, rental registration and safety inspection program, and more.  Benton County: Renter's Resources – Includes information on fair housing and tenant rights in Washington.  Burien: Renting in Burien – Includes information on the city’s rental housing inspection program, notice of intent to sell, and eviction law in Washington.  Olympia: Tenant Protections – Includes information on the city’s rental housing ordinance, FAQs, and more.  Tacoma: Landlord-Tenant Program – Includes information on the city’s landlord-tenant program. 4. Provide information on ADU financing and funding programs Lack of funding and financing options is often cited as one of the most prevalent challenges for ADU construction.56 Lending institutions that finance ADU projects generally don’t allow homeowners to borrow against a portion of the future value of an unbuilt ADU, further constraining the viability of projects. To support homeowners in financing their ADU projects, local governments can:  Identify other funding and financing opportunities for ADUs and make these resources available at the permit center and online.  Develop programs to facilitate access to ADU funding and financing opportunities. RCW 84.36.400, authorizes counties to provide a three-year property tax exemption for improvements to a single-family dwelling, including the construction of an ADU, as long as it represents 30% or less of the value of the original structure. The program was initiated through Chapter 204, Laws of 2020 (2SSB 6231) and stipulates that dwelling units may be either attached to or within the single-family dwelling or a detached unit located on the same real property. In 2023, additional provisions were added in King County.57 55 More information on state and federal laws may be found on the Washington Office of the Attorney General’s Landlord-Tenant page and the U.S. Department of Housing and Urban Development Tenant Rights, Laws and Protections: Washington page. 56 See the UC Berkeley’s Terner Center for Housing Innovation’s article ADU’s for All: Breaking Down Barriers to Racial and Economic Equity in ADU Construction (2022). 57 SB 5045 offers extended property tax exemptions for ADUs in King County if the unit is affordable. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 30 ADU owners may deduct, for income tax purposes, construction costs over time, annual property taxes, and shared monthly utility costs from rental proceeds, which may help encourage their development. Examples  Olympia OlyFed Bank: ADUs Financing – Provides six loan options for ADU construction. See this ADU Loan Options flyer and ADU Financing presentation for more information.  Spokane Single-Family & Detached ADU Tax Exemption – The City of Spokane highlights the fact that Spokane County provides a tax exemption for ADUs for the three assessment years after the completion of the improvement, to the extent the improvement represents 30% or less of the value of the original structure. 5. Create a program to encourage legalization of unpermitted ADUs A combination of strong demand for new housing and too many barriers have in some Washington communities resulted in unpermitted ADUs. Creating a program to allow legalization of unpermitted ADUs can help promote safe, legal structures and open them up to rental opportunities. Local governments are encouraged to develop programs to promote the legalization of existing housing units, which should be done in a manner that ensures ADUs are safe to inhabit. Examples  Bellingham Municipal Code Sec. 20.10.036 – Allows ADUs existing prior to January 1, 1995, to become legally permitted, as long as ADU owners submit an application that is consistent with current ADU regulations and building codes.  Ferndale Municipal Code Sec. 18.34.060 – Allows owners of ADUs established before June 20, 2017, to submit an application to the city to legally permit the existing unit pursuant to the city’s ADU regulations. 6. Provide pre-approved ADU plans After confirming their property is eligible for an ADU, homeowners begin the design process with an architect or designer. Depending on whether the unit is within an existing structure or free standing, the design process can add significant time and expense to a project. To streamline this step, some local governments offer detached ADU plan designs that have been pre-approved for compliance with building codes. ADU applications with pre-approved plans are typically approved in a shorter timeframe and with reduced permit fees since the designs have been vetted by staff. Even though the designs have been pre-approved all other code provisions, like site-specific standards, still apply. Examples  Olympia: Pre-Approved ADU Plans (Guide) (2021) – The cities of Olympia, Lacey, and Tumwater worked together to offer four plans that have been pre-approved for compliance with building codes.  Leavenworth: ADU Plans – Offers four pre-approved designs. Each option includes two different styles – modern and traditional.  Renton: Permit Ready ADU Program – Includes eight pre-approved, designed, and engineered model base plans, ranging in size from 415 to 1,000 square feet and varying in architectural style.  Seattle: Pre-approved Detached ADUs Program – Offers 10 pre-approved plans for detached ADUs, including factory-assembled structures that have been approved by the Washington Department of Labor and Industries. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 31 Cedar Cottage Seattle ADU Pre-Approved Plan (above and below). Credit: CAST architecture. Appendix A: Additional examples and resources 1. Allow two ADUs per lot  Bremerton Municipal Code Ch. 20.46 – Allows up to two ADUs per lot (see Sec. 20.46.010).  Kirkland Municipal Code Sec. 115.07 – Allows up to two ADUs (either attached or detached).  Fife Municipal Code Ch. 19.80 – Allows both one attached and one detached ADU on larger city lots. “For lots between 3,200 and 4,356 square feet, only attached ADUs are permitted. For lots larger than 4,356 square feet both attached and detached ADUs are permitted, provided the extra lot area required in the applicable zone is met.”  Lake Forest Park Municipal Code Ch. 18.50 – For lots exceeding one acre, one attached and one detached ADU are permitted (see Sec. 18.50.050). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 32 2. Do not require owner occupancy  Seattle Release of Owner Occupancy Covenant for ADUs Forms (Word document) – This form for recording with the King County Recorder’s Office releases property from the covenant for owner occupancy entered into as a condition of applying for an ADU permit, as owner occupancy is no longer required by Seattle’s Land Use Code per Ordinance No. 125854 (2019). 3. Do not require off-street parking for ADUs  Bainbridge Island Municipal Code Ch. 18.09 – Allows garage conversions for ADUs.  Bellevue Ordinance 6589 – Adopted in 2021 prohibiting requirements for off-street parking for ADUs within one-quarter mile of a major transit stop. For additional background information, see Bellevue’s page on Reduced Minimum Residential Parking Standards.  Bremerton Municipal Code Sec. 20.46.010 – One ADU is not required to provide an additional off-street parking space. The second ADU is required, however, to provide an off-street parking space in addition to that which is required for the principal unit.  Spokane Municipal Code Sec. 17C.300.130 – No additional parking is required for studio and one- bedroom ADUs and ADUs within one-quarter mile of certain transit stops. Spokane allows garage conversion for ADUs.  Olympia Municipal Code Sec. 18.38.100 – Doesn’t require parking spaces for ADUs (see table 38.01, “Residential” section).  Tacoma Municipal Code Sec. 13.06.080 – No off-street parking is required for ADUs.  University Place Municipal Code Sec. 19.70.010 – No additional off-street parking is required for ADUs.  Vancouver Municipal Code Ch. 20.810 – Doesn’t require additional on-site parking in conjunction with the establishment of an ADU. The city allows conversion of an existing garage structure or other outbuilding to be converted to an ADU; however, off-street parking for the primary residence is required to be provided elsewhere on the site.  Seattle Municipal Code Sec. 23.44.041 – Off-street parking is not required for ADUs, except that an existing required parking space may not be eliminated to accommodate an ADU unless it is replaced elsewhere on the lot. 4. Reduce barriers from setbacks and other ADU regulations Reduce setbacks for ADUs (especially rear setbacks)  Brier Municipal Code Sec. 17.24.010 – ADUs must conform to standard setback regulations, though the rear yard setback requirement is reduced to seven feet for ADUs.  Kirkland Municipal Code Sec. 115.115 – Required setbacks are the same as the underlying zone. detached ADUs may be located within five feet of an alley. Detached ADUs without alley access may be located no closer than five feet from the rear property line as long as the portion of the detached ADU in the reduced setback is no taller than 15 feet.  Sequim Municipal Code Sec. 18.66.050 – Exempts existing legally created on-site accessory structures – such as garages – that have been converted to ADUs from complying with setback standards.  Tacoma Municipal Code Sec. 13.06.080 – No setbacks from alleys are required. Reduce minimum lot sizes for ADUs (especially on small urban lots)  La Conner Municipal Code Sec. 15.110.080 – ADUs are allowed on lots that are under 5,000 square feet.  Medina Municipal Code Sec. 16.34.020 – ADUs are excluded from minimum lot area requirements.  Tacoma Municipal Code Sec. 13.06.080 – ADUs are allowed on any legally established lot, regardless of lot size or width. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 33 Increase height maximums for ADUs  La Center Municipal Code Sec. 18.247.050 – ADUs are limited in height to 25 feet or the primary dwelling’s height, whichever is lower.  Mukilteo Municipal Code Sec. 17.30.060 – ADUs may be two stories high and must comply with maximum building heights for the underlying zoning district; Detached ADUs cannot be taller than the primary unit, except that there is a maximum height of one-story if the detached ADU is located above a garage or similar structure.  Pacific Municipal Code Sec. 20.92.060 – ADUs may be up to 25 feet high. 5. Increase maximum size limits for ADUs appropriate to zone and context  Black Diamond Municipal Code Sec. 18.56.030 – Detached ADUs are limited to 1,000 square feet.  Bremerton Municipal Code Sec. 20.46.010 – Limits ADUs to 1,000 square feet or no more than 60% percent of the principal unit’s total habitable floor area, whichever is greater. Attached ADUs in residences built prior to 2020 may receive director’s approval to increase ADU floor area to equal that of the principal dwelling.  Burien Municipal Code Sec. 19.17.070 – Internal or attached ADUs are limited to 1,000 square feet. The planning director may make exceptions to size limitations to allow for the better utilization of existing spaces.  Leavenworth Municipal Code Sec. 18.36.035 – The total habitable floor area of any ADU is limited to 1,200 square feet.  Kirkland Municipal Code Sec. 115.07 – ADUs are limited to 1,200 square feet.  Roslyn Municipal Code Sec. 18.140.030 – ADUs are limited to 1,000 square feet.  Yakima Municipal Code Sec. 15.09.045 – The ADU’s floor area is limited to 1,000 square feet. 6. Limit use of design standards  Bothell Municipal Code Sec. 12.14.135 – Attached ADU entrances are permitted on the front of the primary residence under certain conditions.  Bremerton Municipal Code Sec. 20.46.010 – The city has developed a user-friendly ADU Guide (2021) that summarizes design regulations with visual examples.  Fife Municipal Code Sec. 19.80.040 – Recommended approaches to promote privacy for adjacent properties are included in subsection 19.80.040(A)(6). 7. Remove, reduce or waive permit application fees, impact fees, system development charges, and other ADU-related fees Utility connection fees/system development charges  Chelan Municipal Code Sec. 13.33.020 – Offers utility rate reductions for ADUs.  La Center Municipal Code Sec. 18.247.050 – ADUs may share sewer and water connections with the primary dwelling. System development charges are imposed at a reduced rate compared to a single- family home (Sec. 18.247.080).  Yakima County Code Sec. 19.18.020 – The ADU and the primary dwelling unit will share a single sewer and water connection, unless the local sewer and/or water purveyor requires separate connections. Impact fees  Bellingham Permit Fees – This webpage offers information establishing that:  ADUs are assessed at half the multi-family rate for park impact fees.  For transportation impact fees, the person trip rate is less than duplexes and townhouses.  School impact fees are waived for ADUs. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 34  Bellingham Ordinance No. 2018-11-022 – Establishes impact fee reductions related to the city’s 2018 ADU code update.  Kirkland Accessory Dwelling Units – Exempts transportation, park, and school impact fees for ADUs in accordance with city code (KMC 27.04.050, KMC 27.06.050, KMC 27.08.050). These fees are assessed on the primary single-family residence only.  Renton 2023-2024 Fee Schedule – Impact and permit fees are waived for ADUs. Stormwater system development charges are reduced by 50% for ADUs.  Tukwila Fee Schedule – Exempts attached ADUs from impact fees (see Figure 16-1 “Fee Schedule”).  Everett 2023 Impact Fees Schedule – Waives traffic and school impact fees for ADUs.  Olympia Municipal Code Ch. 15.08 – Waives school impact fees and reduces transportation and park impact fees for ADUs.  Renton 2019-2020 Fee Schedule (Section XII) – Provides impact fee reductions and waivers for ADUs. ADU permit application fees  Port Angeles Temporary Building Permit Fee Waiver Form (2022) – A temporary building permit fee waiver is available for construction of housing reserved for families with 80% AMI or below through September 2028; ADUs are included as an acceptable dwelling type for this waiver. 8. Allow prefabricated ADUs Code examples  Richland Municipal Code Sec. 23.42.020 – Allows accessory apartment units that are manufactured off site.  Langley Municipal Code Sec. 18.22.115(C) – While not addressing prefabricated housing, "tiny homes" are allowed to be used as ADUs, if they can meet the International Residential Code (IRC) and other specified local standards. Other resources  Olympia Manufactured Homes (Handout) (2017) – Manufactured homes are allowed to be used as ADUs, particularly to promote affordable housing. Seattle ADUniverse:  The ABCs of ADUs – Mentions factory-built ADUs in the Construction section.  Pre-approved Detached ADUs – References factory-assembled structures in the L&I-approved detached ADUs section. The pre-approved plans include the Urban Cottage Prefab and WOOD Studio design.  Seattle: Guide to Building a Backyard Cottage (2010) – See page 19.  Seattle Tip Sheet 305: Factory-Assembled Structures for Residential and Commercial Use (2023) – Includes a comparison of the three types of factory-assembled structures, local requirements, and fees.  Insider: A new collection of minimalist tiny homes from $37,500 is available in the US for the first time (2023) – Article about affordable tiny homes from Latvia-based firm, MyCabin.  Congress for the New Urbanism: Novel idea - Modular house that’s cute (2023) – Article describing a well-designed modular house that received an Urban Guild Award.  HUD Office of Policy Development (PD&R): Factory-Built Accessory Dwelling Units for Affordable Housing Options (2020) – Highlights communities that support factory-built ADU designs. 9. Streamline ADU permitting processes Code examples  Olympia Municipal Code Sec. 18.72.080 – Approves ADUs administratively. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 35  Pacific Municipal Code Sec. 20.92.057 – Single, straightforward application requirements for ADU development.  Sequim Municipal Code Sec. 18.66.040 – Approves ADUs administratively.  Other resources  Bellevue: ADU Registration – This webpage notes that ADU registration, a floor plan, and site sketch/site plan are the minimum necessary to proceed with the ADU application process.  Camas: ADU Application Form – Two-page application form that includes applicable development standards and design guidelines.  Lake Stevens: ADU Compliance Checklist – This checklist provides a detailed overview of the permitting process.  MRSC: Streamlining Local Permit Review Procedures – This webpage provides examples of streamlined permit review processes.  Seattle: Construction Permit – Addition or Alteration – This webpage provides that to add within an existing house, a construction addition/alteration permit is needed; to build a detached unit, a construction addition/alteration permit is needed.  Vancouver Municipal Code Sec. 20.920.060(H) – Expedites permit review for infill development. 10. Offer incentives to encourage ADUs that are affordable to lower-income households  Bellingham Housing Development: Guideline and Procedure Handbook (2019) – Housing Levy funds are available to support purchases of homes with ADUs.  Block Project – Nonprofit with a mission to construct and find homeowners in Seattle willing to host an affordable ADU on their residential properties.  Habitat for Humanity (Seattle-King & Kittitas Counties) - South Park Project – This award-winning Habitat for Humanity project, funded in part through Seattle Housing Levy funds, includ es ADUs.  Fannie Mae: HomeReady Accessory Unit Income and Boarder Income Flexibilities (2022) – Expands access to creditworthy low-income borrowers. Community land trust (CLT) examples  National League of Cities: How One Colorado Community Land Trust Is Preserving Homeownership and Affordability (2021) – Elevation Community Land Trust operates in partnership with a Denver Housing Authority initiative to support homeowners and prevent displacement. Their approach includes building ADUs to create more living space for family members or a new source of income.  T.R.U.S.T. South LA (& four other California CLTs): Increasing Community Power and Health through Community Land Trusts (2020) – The Community Land Trust Association of West Marin, in collaboration with the Housing Authority of Marin County, offers zero-interest loans, permit fee waivers, and other benefits for homeowners to create ADUs for use as affordable rental units.  Shelterforce: Affordable ADUs: How It’s Being Done – Explores pilot programs and other strategies for financing ADUs for low- and moderate-income homeowners. Appendix B. Relevant GMHB cases for counties  Futerwise v. Snohomish County, Case 22-3-003, Final Decision and Order. The Board found that the county failed to protect agricultural lands of long-term commercial significance, in violation of RCW 36.70A.177, and was inconsistent with multi-county and countywide planning policies, in violation of RCW 36.70A.210. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 36  Loon Lake Property Owners Association, et al v. Stevens County, Case No. 01-1-0002c, Compliance Order (May 30, 2008) – Allowing an ADU on all parcels—including substandard lots-- can considerably increase density in rural areas; regulations should contain specific criteria to curtail indiscriminate increased density.  Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson, et al v. San Juan County, Case No. 06-2-0024c, FDO/Compliance Order (Feb. 12, 2007) – Regulations allowing a detached ADU on substandard rural lots allowed residential use to predominate over rural uses and were therefore noncompliant.  Kittitas County Conservation, et al v. Kittitas County, Case No. 07-1-0015, Final Decision Order (Mar. 21, 2008) – County ADU regulations must contain density provisions to preserve rural character—failure to do so would result in “urban-like” density in rural areas.  Peninsula Neighborhood Association v. Pierce County, Case No. 95-3-0071, Final Decision and Order (Mar. 20, 1996) – Local governments are required to include ADU provisions in their development regulations, but those regulations must be consistent with the GMA requirement that local governments reduce sprawl in rural areas.  Yanisch v. Lewis County, Case No. 02-2-0007c, Order on Compliance Hearing (Mar. 12, 2004) – County definition of “rural character” must comply with GMA; subdivision or sale of ADU to family member may not be approved if doing so creates lots of less than five acres. Appendix C. Resources for programmatic elements 1. Address the use of ADUs as short-term rentals  La Conner Municipal Code Sec. 15.110.080 – ADUs may not be used as short-term rentals.  Langley Municipal Code Sec. 5.40.030 – A maximum of 50 ADUs can be used as short-term rentals in Langley.  Marysville Municipal Code Sec. 22C.180.030 – ADUs aren’t permitted as short-term rentals.  Roslyn Municipal Code Sec. 18.140.030 – ADUs may be rented for a minimum of 60 days.  Tukwila Municipal Code Sec. 18.50.220 – Doesn’t allow ADUs to be rented for periods of less than 30 days. 2. Provide user-friendly communication materials  Bellingham: Homeowner's Handbook to Building an ADU – This handbook, developed by the Whatcom Housing Alliance and the City of Bellingham, includes ADU basics and information on permitting, design, construction, and costs.  Jefferson County: The ABCs and 123s of ADUs (2022) – This guide, developed by the Housing Solutions Network, includes information for homeowners considering ADU development, particularly for affordable housing.  Lynnwood ADU Guide – One-page guide with an overview of the city’s ADU requirements, including those related to size, design, and setbacks.  Poulsbo Accessory Dwelling Units – This webpage includes ADU basics, benefits of an ADU, code requirements, permitting process, handouts, and flow charts.  Redmond ADU (Handout) (2019) – This one-pager includes an overview of the city’s ADU requirements and permit process.  San Juan County Detached ADU Permit Application Checklist (2018) – One-page overview of all permit application requirements.  Seattle: A Guide to Building a Backyard Cottage (2010)  Spokane Accessory Dwelling Unit Current Allowances (2022) – Includes quick facts. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 37  Tacoma ADU Tip Sheet (2022) – Includes development standards, permit requirements, submittal and review process, and more.  Tacoma Accessory Dwelling Units Design Guide (2022) – A handbook for building ADUs. Toronto, Canada  Changing Lanes - Laneway Suites in the City of Toronto – Provides requirements, reports, and other information for laneway suites (i.e., detached ADUs abutting a public laneway).  Garden Suites – Offers rules and regulations, key considerations, and other information for garden suites (i.e., detached ADUs that do not about a laneway).  YouTube - City of Toronto Garden Suites Draft Rules – Video discussing the city’s draft rules for garden suites.  Vancouver ADU Fact Sheet (2022) – Includes FAQs. 3. Provide information on landlord-tenant laws for prospective ADU owners and ADU tenants  A Regional Coalition for Housing (ARCH): Renting Out An ADU – Information on finding tenants, rental agreements, landlord-tenant relationship, and more in East King County.  Bellevue: Residential Rental Regulations – Contains general guidelines for ADU rental terms.  Kenmore Ordinance No. 22-0545 (2022) – Adopts tenant protections increasing notice for rent increases, capping late fees, capping move in fees and deposits, and more. The ordinance notes that “dwelling unit” has the same meaning as the state’s Residential Landlord-Tenant Act (RCW 59.18.030), which defines it as “...a structure of that part of a structure which is used as a home, residence, or sleeping place by one or two or more persons maintaining a common household...”  Kirkland: Tenant Protections – Includes new tenant protections related to notice of rent increases, maximum security deposit, and enforcement.  Redmond: Living in Redmond – Includes information on the city’s new tenant protections. 4. Provide information on ADU financing and funding programs  Fannie Mae: HomeReady Accessory Unit Income and Boarder Income Flexibilities (2022) – Expands access to creditworthy low-income borrowers.  Freddie Mac: Accessory Dwelling Unit (ADU) FAQ – Includes common questions about Freddie Mac’s ADU loan terms.  UC Berkeley's Terner Center for Housing Innovation & USC's Lusk Center for Real Estate: ADU Construction Financing (2022) – Includes product examples and considerations.  A Regional Coalition for Housing (ARCH): ADU Lending Assistance – Includes information about both private and public financial requirements and assistance.  Local Investing Opportunities Network (LION) – Provides loans for ADU development in Jefferson County. 5. Provide information on ADU condominium conversions  Bellevue ADU Reform Land Use Code Amendment (LUCA) – The city is updating its code to remove barriers for the construction of attached ADUs, including removing the prohibition on condominium conversion. 7. Create a program to encourage legalization of unpermitted ADUs Code examples  Burien Municipal Code Sec. 19.17.070 – ADUs without city approval may be legalized if the owner applies for the applicable permits. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 38  Enumclaw Municipal Code Sec. 19.34.240 – Allows ADUs that existed as of November 1, 2001, to be legally established with an application, inspection, and affidavit. Permit application fees were waived within the first year of the relevant ordinance being in effect.  Kirkland Municipal Code Sec. 115.07 – An ADU inspection is required for issuance of an ADU permit if it was built without a final building permit.  Langley Municipal Code Sec. 18.22.115 – An ADU that existed as of January 22, 2019, may be legally established and may continue to be used as an ADU with an application, inspection, and affidavit.  Mukilteo Municipal Code Sec. 17.30.040 – ADUs built without proper permitting may become legal if the owners submit an application and fulfill parking and owner occupancy requirements, among others.  Newcastle Municipal Code Sec. 18.31.050 – ADUs may become legal following an application and inspection process.  Roslyn Municipal Code Sec. 18.140.030 – If an ADU was created without a building permit, the city requires a building inspection to determine if the structure is sound, will not pose a hazard to people or property, and complies with the ADU requirements and building code. Other resources  Casita Coalition: Legalizing an Unpermitted ADU (2022) – Provides guidelines for homeowners to legalize existing ADUs.  Seattle: Construction Permit – Establishing Use – This webpage provides that to legalize an existing unit, a construction permit is needed to establish use; additionally, there could be a need to apply for electrical service changes or new services from Seattle City Light. Seattle Department of Construction and Inspections  Tip 217 - How to Legalize a Use Not Established by Permit (2022) – Includes the rationale for applying for a permit to establish a use and how to document a use for the record.  Tip 606 - Illegal Dwelling Units (2022) – Defines illegal dwelling units and the process to legalize or remove them. 8. Provide pre-approved ADU plans  Lacey Accessory Dwelling Units – Four pre-approved detached ADU plans are available.  Raleigh, NC: ADU Fast Track Gallery – Provides ADU plans at a lower cost than typical design processes. Appendix D: Other ADU information and resources Definitions  RCW 36.70A.696 – Provides statutory definitions.  Seattle Office of Planning & Community Development: Encouraging Backyard Cottages – This webpage includes definitions for detached and attached ADUs.  Vancouver Municipal Code Ch. 20.810 – See Sec. 20.810.020 for ADU definition. Adopting ordinances  Bremerton Ordinance No. 5410 (2020) – Amends section 20.46.010, in response to HB 1923 (2020).  Bremerton Ordinance No. 5416 (2021) – Adopts amendments to the city’s ADU regulations, including increasing minimum size, removing parking requirements, removing owner occupancy requirements, and changing design standards.  Langley Ordinance No. 1051 (2019) – Amends several sections of the Langley Municipal Code, including section 18.22.155, to encourage housing options and increase housing affordability. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 39  Seattle Ordinance (2019) – Amends multiple sections of the Seattle Municipal Code to remove barriers for attached and detached ADUs and add a floor area ratio requirement in certain single-family zones.  Spokane Ordinance No. C36225 (2022)– Amends multiple sections of the Spokane Municipal Code to increase flexibility for ADUs. Changes to the ADU regulations were a Washington State Department of Commerce grant deliverable.  Tacoma Ordinance No. 28576 (2019) – Amends multiple sections of the Tacoma Municipal Code to allow detached ADUs in single-family zones, simplify regulatory requirements, reduce regulatory barriers, and increase flexibility in building design, size and location.  See also the pre-amble to early versions of HB 1337, which provides a number of finding support ADU ordinances. Code reform processes  Bellevue ADU Code Reform – The city’s land use code amendment will remove barriers and encourage the construction of attached ADUs.  Everett ADU Amendments – Includes project documents for process to simplify ADU regulations.  Policies in housing and comprehensive plans  Burien Comprehensive Plan: Chapter 2 - Plan Policies (2022) – See the housing element (2.4) goals specifically focused on ADUs: Pol. HS 1.3, Pol. HS 1.10 and Pol. HS 1.11.  Everett Housing Action Plan (2021) – ADUs are noted as a key strategy to increase housing variety. See section related to ADUs: "Increasing Housing Variety" Recommendation 1.1.  Kent Housing Options Plan (2021) – See information related to ADUs in page 71 (Table 5.3) and pages 146148.  Langley Comprehensive Plan (2018) – See land use (LU), housing (H), and utilities and capital facilities (UCF) goals and policies related to ADUs: LU-4.8, H-1.1, H-4.1, H-4.4, and UCF-1.3.  Olympia Housing Action Plan (2021) – ADUs are a key implementation strategy for increasing the variety of housing choices (see Chapter 2: Strategy 4).  Seattle 2035 Comprehensive Plan (2020) – See the policies related to ADUs: Land Use (LU) policy LU 7.5, Greenwood/Phinney Ridge (G/PR) housing policy G/PR-P11, Queen Anne (QA) policy QA-P13, Wallingford (W) housing policy W-P14, and Westwood Highland Park (W/HP) housing policy W/HP-P21.  Spokane Comprehensive Plan - Housing Chapter (2017) – See H 1.19 (Senior Housing), H 1.20 (ADUs). Regional and national reports and websites  accessorydwellings.org – A one-stop source about ADUs, multigenerational homes, laneway houses, ADUs, granny flats, and in-law units.  American Association of Retired Persons (AARP): All About Accessory Dwelling Units – Free publications, and more, about how ADUs expand housing options for people of all ages.  American Planning Association (APA): Accessory Dwelling Units – Webpage with reports, briefing papers, articles, case studies, videos, and more.  A Regional Coalition for Housing (ARCH): Accessory Dwelling Unit – A comprehensive, user-friendly website from an affordable housing partnership organization focused on serving East King County.  MRSC: Accessory Dwelling Units – Webpage that provides a good summary about ADUs.  Puget Sound Regional Council Housing Innovations Program: Accessory Dwelling Units (2020) – Guide that includes an overview of ADUs in the Puget Sound region, along with model policies and regulations.  Shelterforce: ADUs - Laws and Uses, Do’s and Don’ts – Summary of some key debates pertaining to ADU rentals.  University of Toronto: "The Citizen Developer" video (YouTube) – Short video discussing the benefits of small-scale housing. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 40 City of Arlington Council Agenda Bill NB #3 Attachment November 20, 2023 Request to waive permitting fees for the Smokey Point Community Park project Fee Waiver Request Forms Community and Economic Development; Marc Hayes, Director EXPENDITURES REQUESTED: BUDGET CATEGORY: 006 - Permit Fund BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Smokey Point Community Park project. Historically, permit fees have been waived for City projects. Staff is requesting that council grant consideration to waive all permitting fees related to the Smokey Point Community Park project. The fees being considered are: Land Use $ 2,325.00 Civil Engineering $24,705.44 Building $14,299.36 ALTERNATIVES: Remand to staff for additional information