StffRrpt_Resolution_Exhibit A_Exhibit B_Exhibit C 07282026

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Department of Commerce: Submittal ID 2026-S-11466 requirements were not explicitly addressed, indicating that some statutory requirements may not be satisfied. • We recommend reviewing county regulations to identify updates that will help the county demonstrate consistency with current GMA housing requirements, especially regarding items for which statutory provisions are preemptive (see below). The following comments intend to support Kittitas County in that effort and are based on our published guidance and technical assistance checklists. Urban Accessory Dwelling Units (ADUs) Effective June 30,2025, requirements enacted by House Bill (HB) 1337 apply to ADUs within Kittitas County, as codified under RCW 36.70A.680, 681, 696. and 698. These requirements will preempt any local development regulations which conflict with provisions. See below and refer to our ADU Housing- Checklist for more details. The following ADU provisions are excluded from the submittal, and we advise Kittitas County to evaluate and, as needed, amend regulations to better demonstrate alignment with GMA provisions$ and recommendations for ADUs, such as: • We recommend ADUs are identified in a manner that is consistent with a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome or other housing unit. Also define dwelling unit as 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. • For consistency with the state law, we recommend at least two ADUs are allowed on all lots that meet minimum lot size requirements within zoning districts allowing single-family homes or cite RCW 36.70A.681 section (1)(c) and exceptions under section (3). For clarity of regulations, we recommend that all ADU standards be adopted into the zoning code. We encourage Kittitas County to also consider addressing RCW 36.70A.680 and RCW 36.70A.681 statutory provisions, including those which: • Ensure that local ADU regulations do not require owner occupancy, unless used for short term rentals.' Additionally, do not allow ADUs 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.' 0 • Require ADU provisions to allow a gross area of at least 1,000 square feet within UGAs and permit the conversion of existing structures, such as detached garages. Also provide ADU regulations that allow roof heights which are greater than or equal to 24 feet, unless the height limitation on the principal unit is less than 24 feet. In this case, jurisdiction may not require the roof height limitation for an ADU to be less than the height limit for the principal unit.l t • Ensure that ADU setbacks, yard coverage, tree retention mandates, restrictions on entry door locations, aesthetic requirements, and requirements for design review for ADUs are not more restrictive than those for principal units. Also allow detached ADUs to be sited at 7 Visit www conunerce.wa.Gov/srowth-manaQement/housing-plannim for housing checklists and other resources. 8 HB 1337 (2023); RCW 36.70A.680; RCW 36.70A.681; RCW 36.70A.696; ADU Checklist 9 RCW 36.70A.680(5)(a); refer to the definition of owner, per RCW 36.70A.696(9) io RCW 36.70A.680(4&5); RCW 36.70A.681; RCW 36.70A.681(1) (f)-O) 11 RCW 36.70A.681(1) (f)-O)