Monroe staff outline ADU code changes required by state law; public hearing set

Monroe — City staff presented proposed amendments to Monroe’s accessory dwelling unit (ADU) and permit processing rules on May 13 to align local code with state law (House Bill 13 37). Staff said the changes will remove several local barriers to building ADUs and recommended procedural updates to speed permitting.

Senior Planner Amy Bright summarized current Monroe practice and proposed changes. She said Monroe currently allows one attached or detached ADU per lot with a size cap of 800 square feet or 40 percent of the primary dwelling (whichever is less), requires an owner‑occupancy covenant, requires one additional off‑street parking stall per ADU, and routes ADU applications as Type 2 land use permits that include neighbor notice. “House Bill 13 37 says that jurisdictions are required to adopt the minimum standards,” Bright said, and if the city does not adopt them the state law would supersede local code.

Major proposed/required changes Bright outlined:

• Allow up to two ADUs per single‑family lot (attached, detached, or combined).

• Update size limits: staff and the planning commission recommend a maximum of 1,000 square feet or 50 percent of the primary dwelling, whichever is greater (replacing the city’s 800‑sf/40% rule).

• Remove owner‑occupancy requirement: owners would no longer be required to live in one of the units; future owners also would not be required to occupy the property.

• Remove entrance/location restrictions and allow ADUs to be located within setbacks in certain conditions (for example, adjacent to an alley or within a preexisting nonconforming structure that was built inside setbacks).

• Continue to require one additional off‑street parking stall per ADU unless the property is within one‑half mile of a major transit stop (Monroe has none); the planning commission recommended keeping the parking requirement.

• Permit process: staff and planning commission recommended changing ADU decisions to a Type 1 permit to streamline review and reduce noticing; staff said Type 1 review shortens processing time and Commerce (state guidance) supports streamlining.

Bright provided local ADU data: 11 ADU applications in the last 10 years with nine approvals; Monroe averages just under one approved ADU per year, though she said interest has been paused while the city updates code. Staff showed regional examples and noted some cities are preparing preapproved ADU plans to speed construction.

Council members asked several clarifying questions and expressed differing views about notice and fees. Council member Beaumont said she disagreed with removing neighbor notice because of recent concerns around projects where neighbors felt unaware; other council members, including Walker and Fisher, said the Type 1 approach treats ADUs as accessory to an existing single‑family use and noted that the state standard limits local discretion. Council member Gamble emphasized impact fee and utility connection concerns, noting past sewer connection costs that made ADUs financially burdensome; staff confirmed public works is preparing a coordinated proposal on connection charges and impact fees consistent with state limits (the state caps ADU impact fees at 50 percent of principal unit fees).

Staff noted that the city cannot force existing homeowners associations to change CC&Rs; new subdivisions will be reviewed to ensure CC&Rs do not conflict with state ADU requirements going forward, but existing CC&Rs may continue to prohibit ADUs until property owners change them.

The council reviewed the draft amendments and staff requested feedback; planning staff intend to bring the ordinance to a public hearing at the next council meeting (scheduled for May 20). Staff also said they will present related public works proposals on connection charges and impact fees in coordination with these code changes.