Leavenworth planning commission backs ADU code changes to align with state law

The City of Leavenworth Planning Commission on June 4 voted 5-0 to recommend that the City Council adopt amendments to the city’s accessory dwelling unit (ADU) code to align local rules with House Bill 1337 and the Growth Management Act.

Planning staff presented the draft changes at a public hearing, telling commissioners the amendments would allow up to two ADUs per building lot, specify allowed configurations (attached, detached or within the principal unit), clarify gross floor area and conversion rules, and update parking and impact-fee language.

The commission’s recommendation matters because state law revised the RCW and requires jurisdictions planning under the Growth Management Act to update ADU regulations; staff said Leavenworth could wait until six months after its plan update next year but is proposing earlier action “because of our housing crisis and issues here in Leavenworth.” The staff report went through statutory requirements, and the city completed an expedited 60-day review with the Washington State Department of Commerce, which accepted the proposal without recommended changes.

Key provisions reported by staff include: allowing up to two ADUs per lot; defining gross floor area to include interior habitable areas and basements but to exclude interior stairs and garages; permitting conversion of existing structures (including detached garages) to ADUs even if those structures do not meet current setbacks; allowing ADUs to be sold or conveyed separately in accordance with Title 17 condominium/subdivision standards; and reaffirming that road improvements will not be a condition of permitting typical infill ADUs. On parking, staff said the draft requires one off-street parking space per ADU and, where two ADUs are proposed on a single-family lot, a single-family residence would still only need to provide one off-street parking space so long as utility and service capacity permit.

Staff also summarized a city ADU survey: the city issued 67 ADU permits in the roughly five-year window reviewed, mailed about 80 survey letters and received 37 responses (about a 45% response rate); respondents were roughly half attached and half detached ADUs and more than half of the ADUs were used as long-term rentals, staff said.

The draft also added impact-fee language to limit assessments: when system development charges apply, ADU fees cannot exceed 50% of the amount charged for a new single-family residence; staff offered an example that a typical water system development charge of about $11,000 would be capped at roughly half for an ADU under the proposed language.

Commissioner Elizabeth Sall moved to recommend approval of the hearing item on accessory dwelling units to the City Council “based on the lack of public comment and our findings of fact and conclusions of law within the staff report.” Commissioner Simon Faribar seconded the motion. The chair called for a voice vote; the commission recorded the vote as unanimous (5–0) with two members absent, and the commission closed the public hearing at 7:22 p.m.

The commission’s recommendation is advisory: the City Council must take final action. Staff told commissioners it plans to present the ordinance to council in July and asked that one or two commissioners attend the council hearing to support the recommendations. No members of the public attended the hearing to speak for or against the draft.

Commission discussion noted a few drafting clarifications staff intends to make before transmittal (for example, clarifying that lot coverage increases are additive — a 5% increase per ADU) and some operational clarifications (utility service capacity and case-by-case public works review for multiple ADUs on a single service connection). Staff said it will redraft those subsections to make the intent “crystal clear” before submission to council.