Council passes ADU legislation out of committee

This afternoon, the legislation loosening restrictions on “accessory dwelling units” or ADUsĀ  passed out of committee and will be up for final approval by the full Council on July 1.

For background, read my post from earlier this week on the amendments being considered.

Most of the amendments under consideration passed. Among the few that didn’t:

  • Amendment 4, offered by Council member Herbold, would have prohibited newly-permitted ADUs from being used for short-term rentals through AirBnB and other companies. O’Brien and Pacheco opposed it, while Harrell supported it from “detached” ADUs only.
  • Amendment 5, also by Herbold, which would have added a one-year ownership requirement before a second ADU could be permitted unless it was developed as a rent-restricted unit. Same split: O’Brien and Pacheco against, Herbold and Harell for.
  • Amendment 6, offered by Pacheco, which would have added an additional 25 square foot allowance in an ADU’s floor area for indoor bicycle parking. Pacheco withdrew it from consideration.

All three of these amendments might come up for reconsideration when the bill is in front of the full Council on July 1.

Pacheco introduced one other last-minute amendment, which grants a 250 square foot exemption for houses for an attached garage. He said that he felt it was important to incent developers to build attached garages of detached ones. That amendment was also adopted.

The final, amended bill should pass easily with the full Council. Once the Mayor signs it into law, however, it may see another legal challenge from neighborhood groups who wish to challenge the adequacy of the Environmental Impact Statement; the Hearing Examiner upheld the EIS’s adequacy, but by law any further appeals must come after legislative action.