HomeMy WebLinkAboutCOW 2022-02-14 Item 4D - Discussion - House Bill 1782 "Missing Middle Housing"COUNCIL AGENDA SYNOPSIS
4.Initials
ITEM No.
44,
Meeting Date
Prepared by
Mayor's review
Council review
Ql
o
2/14/22
RB
2906
ITEM INFORMATION
STAFF SPONSOR: R. BIANCHI & N. GIERLOFF
ORIGINAL AGENDA DATE: 2/14/22
AGENDA ITEM TITLE House Bill 1782 "Missing Middle Housing"
CATEGORY
11
Mfg
Discussion
Date 2/14/22
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor
1
Admin Svcs
11
DCD ❑ Finance ❑ Fire ❑ Pe R ❑ Police ❑ PW
SPONSOR'S The State Legislature is considering legislation that would require new additions to local
SUMMARY jurisdictions' comprehensive plans, provides additional technical assistance to jurisdictions
and require accessory dwelling units (ADUs), detached accessory dwelling units (DADUs),
duplexes, and triplexes within a half mile walking distance of transit. This legislation has
many sponsors and is a governor's request bill. Staff is bringing this to the Council for its
awareness, highlighting parts of the legislation that will most impact the City of Tukwila.
REVIEWED BY ❑ Trans&lnfrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPoNsoR/ADMIN. Administrative Services/Department of Community Development
COMMITTEE N/A
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
2/14/22
MTG. DATE
ATTACHMENTS
2/14/22
Informational Memorandum dated 2/7/22
Subsitute House Bill 1782
Half -mile transit walkshed map
143
144
TO:
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
City Council
FROM: Rachel Bianchi, Deputy City Administrator
Nora Gierloff, Department of Community Development Director
CC: Mayor Ekberg
DATE: February 7, 2022
SUBJECT: House Bill 1782 "Missing Middle Housing"
ISSUE
The Washington State Legislature is considering legislation that would require significant new
additions to local jurisdictions' comprehensive plans, provides additional technical assistance to
jurisdictions developing comprehensive plans, and permits middle housing types including
accessory dwelling units (ADUs), detached accessory dwelling units (DADUs), duplexes,
triplexes, fourplexes, cottage housing, stacked flats, townhouses and courtyard apartments
within a half mile walking distance of major transit stops. This legislation has many sponsors
and is a governor's request bill. Staff is bringing this to the Council for its awareness,
highlighting parts of the legislation that will most impact the City of Tukwila.
BACKGROUND
House Bill 1782 adds a variety of topics to jurisdictions' comprehensive plans, specifically in the
mandatory Housing, Land Use, Transportation, and Capital Facilities Elements. In the capital
facilities plan, cities must identify capital facilities, deficiencies, forecasted facilities needs and a
six-year plan to finance such capital facilities with sources of public money for such purposes
and a requirement to reassess the land use element if probable funding falls short of meeting
existing needs. Parks and recreation facilities must be included in the capital facilities plan
element.
Any city between 20,000 and 100,000 in population may only require one off street parking spot
for every three bedrooms on the lot, unless the street on which the lot is on has no on -street
parking.
ANALYSIS
If passed, these mandatory zoning code and comprehensive plan changes will require
additional analysis, outreach, and staff time to meet the new requirements. The bill requires
that the State provide funding by June 2022 for jurisdictions to make these changes or the bill
will become void.
The required zoning changes will affect all single-family neighborhoods in Tukwila. The current
version of the legislation stipulates that cities over 20,000 must allow ADUs, DADUs, and
duplexes on lots 4,500 square feet or more, and triplexes on corner lots of 5,000 square feet or
more on single family zoned land further than a half -mile walk from a major transit stop.
Properties within a half -mile walking distance of transit must allow all missing middle housing
types. A map of how these proposed density requirements will affect Tukwila is attached to this
memo.
Alternatively, cities with more than 20,000 residents may choose to alter local zoning codes to
provide an average minimum net density equivalent to 33 units per acre within a half -mile walk
of transit.
145
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
Information only.
ATTACHMENTS
Substitute House Bill 1782
Map of Tukwila's half mile transit walkshed
146
H-2500.1
SUBSTITUTE HOUSE BILL 1782
State of Washington
67th Legislature 2022 Regular Session
By House Local Government (originally sponsored by Representatives
Bateman, Macri, Berry, Fitzgibbon, Ryu, Dolan, Wicks, J. Johnson,
Barkis, Davis, Goodman, Gregerson, Morgan, Peterson, Ramel, Simmons,
Slatter, Bergquist, Valdez, Thai, Duerr, Stonier, Riccelli, Ormsby,
Taylor, Harris -Talley, Hackney, Kloba, and Frame; by request of
Office of the Governor)
READ FIRST TIME 02/03/22.
1 AN ACT Relating to creating additional middle housing near
2 transit and in areas traditionally dedicated to single-family
3 detached housing; amending RCW 36.70A.030, 36.70A.190, and
4 36.70A.070; adding new sections to chapter 36.70A RCW; adding a new
5 section to chapter 64.38 RCW; adding a new section to chapter 64.90
6 RCW; and creating new sections.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8 NEW SECTION. Sec. 1. The legislature finds that every
9 Washington resident should have access to safe, healthy, secure, and
10 affordable housing; and, that it is the responsibility of the state
11 and all cities and counties to plan for all current and future
12 residents within their jurisdictions of all income levels, races, and
13 ethnicities to have such housing. As our state population grows, the
14 legislature recognizes the need for the state's housing supply to
15 grow and adapt to meet the needs of all households, regardless of
16 age, race, ethnicity, religion, sexual orientation, gender identity,
17 country of origin, or income, including families with children,
18 seniors, and people who have a disability.
19 The legislature finds that adding a built environment subelement
20 to comprehensive plans is desirable as the legislature mandates
21 increasing density for middle housing, particularly in larger cities,
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1 pursuant to this act, in order to protect and improve the physical
2 and mental health of communities with less access to open space and
3 tree canopy, reduce health risks of extreme heat events related to
4 climate change, or reduce disproportionately higher risks of exposure
5 to air pollution or other environmental contaminants.
6 The legislature finds that it has duties under existing statutes,
7 including chapter 36.70A RCW, to provide funding for all cities and
8 counties to plan for new required elements of comprehensive plans
9 including, but not limited to, planning for affordable housing and
10 meeting the goals of the state in reducing our contribution to
11 climate change. The legislature recognizes that it has been difficult
12 to project what the costs may be of planning for new elements
13 pursuant to this act. It is the intent of the legislature that the
14 evaluation provided for in RCW 36.70A.190, and updates to it
15 periodically thereafter, shall determine what constitutes adequate
16 funding for planning for new elements of comprehensive plans and for
17 the adoption of implementing ordinances and development regulations
18 pursuant to chapter 36.70A RCW for future comprehensive plan updates.
19 Sec. 2. RCW 36.70A.030 and 2021 c 254 s 6 are each amended to
20 read as follows:
21 Unless the context clearly requires otherwise, the definitions in
22 this section apply throughout this chapter.
23 (1) "Adopt a comprehensive land use plan" means to enact a new
24 comprehensive land use plan or to update an existing comprehensive
25 land use plan.
26 (2) "Affordable housing" means, unless the context clearly
27 indicates otherwise, residential housing whose monthly costs,
28 including utilities other than telephone, do not exceed thirty
29 percent of the monthly income of a household whose income is:
30 (a) For rental housing, sixty percent of the median household
31 income adjusted for household size, for the county where the
32 household is located, as reported by the United States department of
33 housing and urban development; or
34 (b) For owner -occupied housing, eighty percent of the median
35 household income adjusted for household size, for the county where
36 the household is located, as reported by the United States department
37 of housing and urban development.
38 (3) "Agricultural land" means land primarily devoted to the
39 commercial production of horticultural, viticultural, floricultural,
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dairy, apiary, vegetable, or animal products or of berries, grain,
hay, straw, turf, seed, Christmas trees not subject to the excise tax
imposed by RCW 84.33.100 through 84.33.140, finfish in upland
hatcheries, or livestock, and that has long-term commercial
significance for agricultural production.
(4) "City" means any city or town, including a code city.
(5) "Comprehensive land use plan," "comprehensive plan," or
"plan" means a generalized coordinated land use policy statement of
the governing body of a county or city that is adopted pursuant to
this chapter.
(6) "Cottage housing" means four or more residential units on a
lot with a common open space that is either:
(a) Owned in common; or
(b) Has units owned as condominium units with property owned in
common and a minimum of 20 percent of the lot size as open space.
(7) "Courtyard apartments" means up to four attached dwelling
units arranged on two or three sides of a central courtyard or lawn
area.
(8) "Critical areas" include the following areas and ecosystems:
(a) Wetlands; (b) areas with a critical recharging effect on aquifers
used for potable water; (c) fish and wildlife habitat conservation
areas;
areas.
(d)
frequently flooded areas;
"Fish and wildlife habitat
and (e) geologically hazardous
conservation areas" does not
include such artificial features or constructs as irrigation delivery
systems, irrigation infrastructure, irrigation
ditches that lie within the boundaries of and
canals, or drainage
are maintained
by a
port district or an irrigation district or company.
(((7))) (9) "Department" means the department of commerce.
((--8-)-)) (10) "Development regulations" or "regulation" means the
controls placed on development or land use activities by a county or
city, including, but not limited to, zoning ordinances, critical
areas ordinances, shoreline master programs, official controls,
planned unit development ordinances, subdivision ordinances, and
binding site plan ordinances together with any amendments thereto. A
development regulation does not include a decision to approve a
project permit application, as defined in RCW 36.70B.020, even though
the decision may be expressed in a resolution
legislative body of the county or city.
(((9))) (11) "Emergency housing"
or ordinance of the
means temporary indoor
accommodations for individuals or families who are homeless or at
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1 imminent risk of becoming homeless that is intended to address the
2 basic health, food, clothing, and personal hygiene needs of
3 individuals or families. Emergency housing may or may not require
4 occupants to enter into a lease or an occupancy agreement.
5 (((10))) (12) "Emergency shelter" means a facility that provides
6 a temporary shelter for individuals or families who are currently
7 homeless. Emergency shelter may not require occupants to enter into a
8 lease or an occupancy agreement. Emergency shelter facilities may
9 include day and warming centers that do not provide overnight
10 accommodations.
11 (((11))) (13) "Extremely low-income household" means a single
12 person, family, or unrelated persons living together whose adjusted
13 income is at or below thirty percent of the median household income
14 adjusted for household size, for the county where the household is
15 located, as reported by the United States department of housing and
16 urban development.
17 (((12))) (14) "Forestland" means land primarily devoted to
18 growing trees for long-term commercial timber production on land that
19 can be economically and practically managed for such production,
20 including Christmas trees subject to the excise tax imposed under RCW
21 84.33.100 through 84.33.140, and that has long-term commercial
22 significance. In determining whether forestland is primarily devoted
23 to growing trees for long-term commercial timber production on land
24 that can be economically and practically managed for such production,
25 the following factors shall be considered: (a) The proximity of the
26 land to urban, suburban, and rural settlements; (b) surrounding
27 parcel size and the compatibility and intensity of adjacent and
28 nearby land uses; (c) long-term local economic conditions that affect
29 the ability to manage for timber production; and (d) the availability
30 of public facilities and services conducive to conversion of
31 forestland to other uses.
32 (((13))) (15) "Freight rail dependent uses" means buildings and
33 other infrastructure that are used in the fabrication, processing,
34 storage, and transport of goods where the use is dependent on and
35 makes use of an adjacent short line railroad. Such facilities are
36 both urban and rural development for purposes of this chapter.
37 "Freight rail dependent uses" does not include buildings and other
38 infrastructure that are used in the fabrication, processing, storage,
39 and transport of coal, liquefied natural gas, or "crude oil" as
40 defined in RCW 90.56.010.
150 p. 4 SHB 1782
(((14))) (16) "Geologically hazardous areas" means areas that
because of their susceptibility to erosion, sliding, earthquake, or
other geological events, are not suited to the siting of commercial,
residential, or industrial development consistent with public health
or safety concerns.
(((15))) (17) "Long-term commercial significance" includes the
growing capacity, productivity, and soil composition of the land for
long-term commercial production, in consideration with the land's
proximity to population areas, and the possibility of more intense
uses of the land.
(((16))) (18) "Low-income household" means a single person,
family, or unrelated persons living together whose adjusted income is
at or below eighty percent of the median household income adjusted
for household size, for the county where the
reported by
development.
(((17))) (19)
the
United States department
"Major transit stop" means:
household is located, as
of housing and urban
(a) A stop on a high capacity transportation system funded or
expanded under the provisions of chapter 81.104 RCW;
(b) Commuter rail stops;
(c) Stops on rail or fixed guideway systems, including
transitways;
(d) Stops on bus rapid transit routes or routes that run on high
occupancy vehicle lanes;
(e) Stops for a bus or other transit mode providing actual fixed
route service at intervals of at least 15 minutes for at least five
hours during the peak hours of operation on weekdays; or
(f) Washington state ferry terminals.
(20) "Middle housing" means duplexes, triplexes, fourplexes,
attached and detached accessory dwelling units, cottage housing,
stacked flats, townhouses, and courtyard apartments.
(21) "Minerals" include gravel, sand, and valuable metallic
substances.
(((18))) (22) "Moderate -income household" means a single person,
family, or unrelated persons living together whose adjusted income is
at or below 120 percent of the median household income adjusted for
household size, for the county where the household is located, as
reported by the United States department of housing and urban
development.
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152
(((19))) (23) "Permanent supportive housing" is subsidized,
leased housing with no limit on length of stay that prioritizes
people who need comprehensive support services to retain tenancy and
utilizes admissions practices designed to use lower barriers to entry
than would be typical for other subsidized or unsubsidized rental
housing, especially related to rental history, criminal history, and
personal behaviors. Permanent supportive housing is paired with on-
site or off-site voluntary services designed to support a person
living with a complex and disabling behavioral health or physical
health condition who was experiencing homelessness or was at imminent
risk of homelessness prior to moving into housing to retain their
housing and be a successful tenant in a housing arrangement, improve
the resident's health status, and connect the resident of the housing
with community-based health care, treatment, or employment services.
Permanent supportive housing is subject to all of the rights and
responsibilities defined in chapter 59.18 RCW.
(((20))) (24) "Public facilities" include
highways, sidewalks, street and road lighting
streets,
systems,
signals, domestic water systems, storm and sanitary sewer
parks and recreational facilities, and schools.
(((21))) (25) "Public services" include fire protection and
suppression, law enforcement, public health, education, recreation,
environmental protection, and other governmental services
(((22))) (26) "Recreational land" means land so designated under
RCW 36.70A.1701 and that, immediately prior to this designation, was
designated as agricultural land of long-term commercial significance
under RCW 36.70A.170. Recreational land must have playing fields and
supporting facilities existing before July 1, 2004, for sports played
on grass playing fields.
(((23))) (27) "Rural character" refers to the patterns of land
use and development established by a county in the rural element of
its comprehensive plan:
(a) In which open space, the natural landscape, and vegetation
predominate over the built environment;
(b) That foster traditional rural lifestyles, rural -based
economies, and opportunities to both live and work in rural areas;
(c) That provide visual landscapes that are traditionally found
in rural areas and communities;
(d) That are compatible with the use of the land by wildlife and
for fish and wildlife habitat;
roads,
traffic
systems,
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1 (e) That reduce the inappropriate conversion of undeveloped land
2 into sprawling, low-density development;
3 (f) That generally do not require the extension of urban
4 governmental services; and
5 (g) That are consistent with the protection of natural surface
6 water flows and groundwater and surface water recharge and discharge
7 areas.
8 (((24))) (28) "Rural development" refers to development outside
9 the urban growth area and outside agricultural, forest, and mineral
10 resource lands designated pursuant to RCW 36.70A.170. Rural
11 development can consist of a variety of uses and residential
12 densities, including clustered residential development, at levels
13 that are consistent with the preservation of rural character and the
14 requirements of the rural element. Rural development does not refer
15 to agriculture or forestry activities that may be conducted in rural
16 areas.
17 (((25))) (29) "Rural governmental services" or "rural services"
18 include those public services and public facilities historically and
19 typically delivered at an intensity usually found in rural areas, and
20 may include domestic water systems, fire and police protection
21 services, transportation and public transit services, and other
22 public utilities associated with rural development and normally not
23 associated with urban areas. Rural services do not include storm or
24 sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).
25 (((26))) (30) "Short line railroad" means those railroad lines
26 designated class II or class III by the United States surface
27 transportation board.
28 (((27))) (31) "Stacked flat" means dwelling units in a two or
29 three story residential building on a residential zoned lot in which
30 each floor may be separately rented or owned and is a discrete
31 dwelling unit.
32 (32) "Townhouses" means dwelling units constructed in a row of
33 two or more attached units, where each dwelling unit is located on an
34 individual lot or parcel and shares at least one common wall with an
35 adjacent unit.
36 (33) "Urban governmental services" or "urban services" include
37 those public services and public facilities at an intensity
38 historically and typically provided in cities, specifically including
39 storm and sanitary sewer systems, domestic water systems, street
40 cleaning services, fire and police protection services, public
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153
154
transit services, and other public utilities associated with urban
areas and normally not associated with rural areas.
(((28))) (34) "Urban growth" refers to growth that makes
intensive use of land for the location of buildings, structures, and
impermeable surfaces to such a degree as to be incompatible with the
primary use of land for the production of food, other agricultural
products, or fiber, or the extraction of mineral resources, rural
uses, rural development, and natural resource lands designated
pursuant to RCW 36.70A.170. A pattern of more intensive rural
development, as provided in RCW 36.70A.070(5)(d), is not urban
growth. When allowed to spread over wide areas, urban growth
typically requires urban governmental services. "Characterized by
urban growth" refers to land having urban growth located on it, or to
land located in relationship to an area with urban growth on it as to
be appropriate for urban growth.
(((29))) (35) "Urban growth areas" means those areas designated
by a county pursuant to RCW 36.70A.110.
(((30))) (36) "Very low-income household" means a single person,
family, or unrelated persons living together whose adjusted income is
at or below fifty percent of the median household income adjusted for
household size, for the county where the household is located, as
reported by the United States department of housing and urban
development.
(((31))) (37) "Wetland" or "wetlands" means areas that are
inundated or saturated by surface
and duration sufficient to
circumstances do support, a
adapted for life in saturated
include swamps, marshes, bogs,
water or groundwater at a frequency
support, and that under normal
prevalence of vegetation typically
soil conditions. Wetlands generally
and similar areas. Wetlands do not
include those artificial wetlands intentionally created from
nonwetland sites, including, but not limited to, irrigation and
drainage ditches, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities,
or those wetlands created after July 1, 1990, that were
unintentionally created as a result of the construction of a road,
street, or highway. Wetlands may include those artificial wetlands
intentionally created from nonwetland areas created to mitigate
conversion of wetlands.
p. 8 SHB 1782
1 Sec. 3. RCW 36.70A.190 and 1991 sp.s. c 32 s 3 are each amended
2 to read as follows:
3 (1) The department shall establish a program of technical and
4 financial assistance and incentives to counties and cities to
5 encourage and facilitate the adoption and implementation of
6 comprehensive plans and development regulations throughout the state.
7 (2)(a) The department shall evaluate the costs for counties and
8 cities to review and revise their comprehensive plans to assure
9 compliance with this chapter. This evaluation must be completed by
10 December 1, 2022, and updated every five years thereafter. The
11 department shall provide a report of the evaluation to the
12 legislature upon completion of the evaluation. The evaluation must
13 include, at a minimum, the costs for each general jurisdiction size
14 and type, and the costs to complete various types of planning
15 requirements, including:
16 (i) Meeting the requirements of a new goal in RCW 36.70A.020;
17 (ii) Meeting the requirements of a new comprehensive plan element
18 in RCW 36.70A.070;
19 (iii) Updating a critical areas ordinance;
20 (iv) Updating a shoreline master program;
21 (v) Making a minor update to a comprehensive plan element;
22 (vi) Making a complex update to a comprehensive plan element;
23 (vii) Updating a development regulation; and
24 (viii) Implementing a new development regulation.
25 (b) The department shall consult with the Washington state
26 association of counties and the association of Washington cities as
27 part of the process for performing and completing the evaluation.
28 (c) In order to ensure that jurisdictions receive adequate
29 funding for their comprehensive plan updates, the department shall
30 distribute funds in the form of grants.
31 (d) The department shall promote equitable and meaningful
32 participation in development of comprehensive plans and development
33 regulations and shall distribute grants to community-based
34 organizations representing historically marginalized communities and
35 populations, communities with a high proportion of limited English
36 proficient speakers, and communities at elevated risk of displacement
37 pursuant to RCW 36.70A.070(2) or experiencing disparately higher
38 health risks due to environmental factors related to the built
39 environment, subject to the availability of amounts appropriated by
40 the legislature for this specific purpose.
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156
(3)(a) The department shall develop a priority list and establish
funding levels for planning and technical assistance grants both for
counties and cities that plan under RCW 36.70A.040. Priority for
assistance shall be based on a county's or city's population growth
rates, commercial and industrial development rates, the existence and
quality of a comprehensive plan and development regulations, and
other relevant factors.
(((3))) (b) The department may also contract with a public or
nonprofit agency with appropriate experience in providing technical
assistance and training to assist local governments related to
comprehensive planning and other obligations under this chapter.
(4) The department shall develop and administer a grant program
to provide direct financial assistance to counties and cities for the
preparation of comprehensive plans under this chapter. The department
may establish provisions for county and city matching funds to
conduct activities under this subsection. Grants
any purpose directly related to the preparation
comprehensive plan as the county or city and
may be expended for
of a county or city
the department may
agree, including, without limitation, the conducting of surveys,
inventories and other data gathering and management activities, the
retention of planning consultants, contracts with regional councils
for planning and related services, and other related purposes.
(((4))) (5) The department shall establish a program of technical
assistance:
(a) Utilizing department staff, the staff of other state
agencies, and the technical resources of counties and cities to help
in the development of comprehensive plans required under this
chapter. The department shall make available planners and department
regulations
development
regulations;
(b) Additional
specialists to cities and counties to assist in the
of comprehensive plans
and related
technical assistance may include,
development
but is not
((bc)) limited to, ((modcl land use ordinanccs,)) regional education
and training programs((,—)) and information for local and regional
inventories; ((and
{b-})) (c) Providing model ordinances to cities and counties to
implement updates that are required under this chapter; and
(d) Adopting by rule procedural criteria to assist counties and
cities in adopting comprehensive plans and development regulations
that meet the goals and requirements of this chapter. These criteria
p. 10 SHB 1782
1 shall reflect regional and local variations and the diversity that
2 exists among different counties and cities that plan under this
3 chapter.
4 (((5))) _La The department shall provide mediation services to
5 resolve disputes between counties and cities regarding, among other
6 things, coordination of regional issues and designation of urban
7 growth areas.
8 ((-6-)-)) ill The department shall provide planning grants to
9 enhance citizen participation under RCW 36.70A.140.
10 Sec. 4. RCW 36.70A.070 and 2021 c 254 s 2 are each amended to
11 read as follows:
12 The comprehensive plan of a county or city that is required or
13 chooses to plan under RCW 36.70A.040 shall consist of a map or maps,
14 and descriptive text covering objectives, principles, and standards
15 used to develop the comprehensive plan. The plan shall be an
16 internally consistent document and all elements shall be consistent
17 with the future land use map. A comprehensive plan shall be adopted
18 and amended with public participation as provided in RCW 36.70A.140.
19 Each comprehensive plan shall include a plan, scheme, or design for
20 each of the following:
21 (1)j A land use element designating the proposed general
22 distribution and general location and extent of the uses of land,
23 where appropriate, for agriculture, timber production, housing,
24 commerce, industry, recreation, open spaces, general aviation
25 airports, public utilities, public facilities, and other land uses.
26 The land use element shall include population densities, building
27 intensities, and estimates of future population growth. The land use
28 element shall provide for protection of the quality and quantity of
29 groundwater used for public water supplies. Wherever possible, the
30 land use element should consider utilizing urban planning approaches
31 that promote physical activity. Where applicable, the land use
32 element shall review drainage, flooding, and stormwater runoff in the
33 area and nearby jurisdictions and provide guidance for corrective
34 actions to mitigate or cleanse those discharges that pollute waters
35 of the state, including Puget Sound or waters entering Puget Sound.
36 (b) The land use element shall include a subelement on the "built
37 environment" to protect and improve the physical and mental health of
38 residents within the portions of urban growth areas with higher
39 densities. The subelement should include provisions improving
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57
1 determinants of health which are equitable with residents in other
2 communities including, but not limited to, tree canopy or green open
space to prevent extreme heat islands, reduction in air pollution and
exposures to contaminants in homes as well as in the environment,
solar energy and sunlight access. The department shall, in
consultation with the department of health and the department of
ecology, adopt guidance to promote these goals. The department's
guidance shall also include provisions that provide for access to
sunlight in residential and school spaces based on the health and
learning benefits from natural lighting, and for meeting state and
local goals for use of solar energy to meet climate change goals.
(2) A housing element ensuring the vitality and character of
established residential neighborhoods that:
(a) Includes an inventory and analysis of existing and projected
housing needs that identifies the number of housing units necessary
to manage projected growth, as provided by the department of
commerce, including:
(i) Units for moderate, low, very low, and extremely low-income
households; and
(ii) Emergency housing, emergency shelters, and permanent
supportive housing;
(b) Includes a statement of goals, policies, objectives, and
mandatory provisions for the preservation, improvement, and
development of housing, including single-family residences, and
158
within an urban growth
options including(([,])),
and townhomes;
(c) Identifies sufficient capacity of land for housing
area
boundary, moderate density housing
but not
limited to, duplexes,
triplexes,
including,
but not limited to, government -assisted housing, housing for
moderate, low, very low, and extremely low-income households,
manufactured housing, multifamily housing, group homes, foster care
facilities, emergency housing,
emergency shelters, permanent
supportive housing, and within an urban growth area boundary,
consideration of duplexes, triplexes, and townhomes;
(d) Makes adequate provisions for existing and projected needs of
all economic segments of the community and increasing economic
integration among all economic segments of the population in all
areas of the jurisdiction, including:
(i) Incorporating consideration for low, very low, extremely low,
and moderate -income households;
p. 12 SHB 1782
1 (ii) Documenting programs and actions needed to achieve housing
2 availability including gaps in local funding, barriers such as
3 development regulations, and other limitations;
4 (iii) Consideration of housing locations in relation to
5 employment location and shopping for household essentials, including
6 food and health products; and
7 (iv) Consideration of the role of accessory dwelling units in
8 meeting housing needs;
9 (e) Makes adequate provisions for middle housing options as
10 required in section 5 of this act;
11 (f) Identifies local policies and regulations that result in
12 racially disparate impacts, displacement, and exclusion in housing,
13 including:
14 (i) Zoning that may have a discriminatory effect;
15 (ii) Disinvestment; and
16 (iii) Infrastructure availability;
17 (((f))) (g) Identifies and implements policies and regulations to
18 address and begin to undo racially disparate impacts, displacement,
19 and exclusion in housing caused by local policies, plans, and
20 actions;
21 (({g-})) ihl Identifies areas that may be at higher risk of
22 displacement from market forces that occur with changes to zoning
23 development regulations and capital investments; ((and
24 (h))) (i) Establishes a goal and plan to adopt development
25 regulations, investments, incentives, or other programs which will
26 achieve substantial measurable progress over a 20 -year planning
27 horizon toward increased economic and racial integration in all areas
28 of the jurisdiction through programs encouraging, authorizing,
29 directly investing in, or incentivizing new affordable housing
30 options for all economic segments of the population including duplex,
31 triplex, townhomes, accessory dwelling units, multifamily housing,
32 subdivision of properties above minimum lot size, or with condominium
33 common ownership;
34 (j)(i) Establishes antidisplacement policies, with consideration
35 given to the preservation of historical and cultural communities as
36 well as investments in low, very low, extremely low, and moderate -
37 income housing; equitable development initiatives; inclusionary
38 zoning; community planning requirements; tenant protections; land
39 disposition policies; and consideration of land that may be used for
40 affordable housing. The county or city shall make a finding that
p. 13
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59
1 comprehensive plans and development regulations affirmatively prevent
2 displacement of lower and moderate -income community members,
3 including families, in communities of interest. Such communities
4 shall be determined based on community input solicited through
5 appropriate outreach, including public meetings, in order to ensure
6 that there is no net displacement of lower and moderate -income
7 residents or people from racial, ethnic, and religious communities
8 which have been subject to discriminatory housing policies in the
9 past.
10 (ii) Any city planning under RCW 36.70A.040 that has a population
11 of 20,000 or more as of the effective date of this section, or any
12 city that is determined by the office of financial management
13 pursuant to RCW 43.62.030 to have a population of 20,000 or more at
14 least one year prior to its next comprehensive plan update, shall
15 adopt a subelement of their plan's housing element which shall ensure
16 that the jurisdiction will adopt development regulations, fees,
17 incentives, subsidies, or funded investment programs, including
18 programs funded pursuant to interlocal agreements, that are found to
19 reasonably meet the projected needs for new housing for all economic
20 segments of the region and to prevent displacement of lower income
21 residents and communities; and
22 (k) Allows subdivision of lots to increase the supply of housing
23 affordable to lower and moderate -income residents Options for
24 subdivision include allowing lot sizes as follows:
25 (i) For cities with a population over 40,000, subdivision of lots
26 to 3,200 square feet or 80 percent of the average lot on a block
27 within an urban growth area is allowed;
28 (ii) For new development on lots under 3,200 square feet in an
29 area, a special exception is required which includes public notice
30 and an opportunity to appeal pursuant to this chapter and the land
31 use petition act in chapter 36.70C RCW; and
32 (iii) For short subdivision of lots developed with more than one
33 house, ownership of the houses may be divided using the unit lot
34 subdivision process. A property containing a detached accessory
35 dwelling unit may be segregated in ownership from the principal
36 dwelling unit.
37 In counties and cities subject to the review and evaluation
38 requirements of RCW 36.70A.215, any revision to the housing element
39 shall include consideration of prior review and evaluation reports
40 and any reasonable measures identified. The housing element should
p. 14 SHB 1782
160
1 link jurisdictional goals with overall county goals to ensure that
2 the housing element goals are met.
3 (3) A capital facilities plan element consisting of: (a) An
4 inventory of existing capital facilities owned by public entities,
5 showing the locations and capacities of the capital facilities; (b) a
6 forecast of the future needs for such capital facilities; (c) the
7 proposed locations and capacities of expanded or new capital
8 facilities; (d) at least a six-year plan that will finance such
9 capital facilities within projected funding capacities and clearly
10 identifies sources of public money for such purposes; and (e) a
11 requirement to reassess the land use element if probable funding
12 falls short of meeting existing needs and to ensure that the land use
13 element, capital facilities plan element, and financing plan within
14 the capital facilities plan element are coordinated and consistent.
15 Park and recreation facilities shall be included in the capital
16 facilities plan element. Any city that has identified a specific
17 infrastructure deficiency and utilized the process under section 6 of
18 this act shall include, as part of its capital facilities plan
19 update, actions necessary to remedy that deficiency.
20 (4) A utilities element consisting of the general location,
21 proposed location, and capacity of all existing and proposed
22 utilities, including, but not limited to, electrical lines,
23 telecommunication lines, and natural gas lines.
24 (5) Rural element. Counties shall include a rural element
25 including lands that are not designated for urban growth,
26 agriculture, forest, or mineral resources. The following provisions
27 shall apply to the rural element:
28 (a) Growth management act goals and local circumstances. Because
29 circumstances vary from county to county, in establishing patterns of
30 rural densities and uses, a county may consider local circumstances,
31 but shall develop a written record explaining how the rural element
32 harmonizes the planning goals in RCW 36.70A.020 and meets the
33 requirements of this chapter.
34 (b) Rural development. The rural element shall permit rural
35 development, forestry, and agriculture in rural areas. The rural
36 element shall provide for a variety of rural densities, uses,
37 essential public facilities, and rural governmental services needed
38 to serve the permitted densities and uses. To achieve a variety of
39 rural densities and uses, counties may provide for clustering,
40 density transfer, design guidelines, conservation easements, and
p. 15
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61
162
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.
(c) Measures governing rural development. The rural element shall
include measures that apply to rural development and protect the
rural character of the area, as established by the county, by:
(i) Containing or otherwise controlling rural development;
(ii) Assuring visual compatibility of rural development with the
surrounding rural area;
(iii) Reducing the inappropriate conversion of undeveloped land
into sprawling, low-density development in the rural area;
(iv) Protecting critical areas, as provided in RCW 36.70A.060,
and surface water and groundwater resources; and
(v) Protecting against conflicts with the use of agricultural,
forest, and mineral resource lands designated under RCW 36.70A.170.
(d) Limited areas of more intensive rural development. Subject to
the requirements of this subsection and except as otherwise
specifically provided in this subsection (5)(d), the rural element
may allow for limited areas of more
including necessary public facilities
the limited area as follows:
(i) Rural development consisting of the
intensive rural development,
and public services to serve
infill, development, or
redevelopment of existing commercial, industrial, residential, or
mixed-use areas, whether characterized
villages, hamlets, rural activity
developments.
(A) A commercial,
as shoreline development,
centers, or crossroads
industrial, residential, shoreline, or mixed-
use area are subject to the requirements of (d)(iv) of this
subsection, but are not subject to the requirements of (c)(ii) and
(iii) of this subsection.
(B) Any development or redevelopment other than an industrial
area or an industrial use within a mixed-use area or an industrial
area under this subsection (5)(d)(i) must be principally designed to
serve the existing and projected rural population.
(C) Any development or redevelopment in terms of building size,
scale, use, or intensity shall be consistent with the character of
the existing areas. Development and redevelopment may include changes
in use from vacant land or a previously existing use so long as the
new use conforms to the requirements of this subsection (5);
p. 16 SHB 1782
1 (ii) The intensification of development on lots containing, or
2 new development of, small-scale recreational or tourist uses,
3 including commercial facilities to serve those recreational or
4 tourist uses, that rely on a rural location and setting, but that do
5 not include new residential development. A small-scale recreation or
6 tourist use is not required to be principally designed to serve the
7 existing and projected rural population. Public services and public
8 facilities shall be limited to those necessary to serve the
9 recreation or tourist use and shall be provided in a manner that does
10 not permit low-density sprawl;
11 (iii) The intensification of development on lots containing
12 isolated nonresidential uses or new development of isolated cottage
13 industries and isolated small-scale businesses that are not
14 principally designed to serve the existing and projected rural
15 population and nonresidential uses, but do provide job opportunities
16 for rural residents. Rural counties may allow the expansion of small -
17 scale businesses as long as those small-scale businesses conform with
18 the rural character of the area as defined by the local government
19 according to RCW 36.70A.030(((23))) (27). Rural counties may also
20 allow new small-scale businesses to utilize a site previously
21 occupied by an existing business as long as the new small-scale
22 business conforms to the rural character of the area as defined by
23 the local government according to RCW 36.70A.030(((23))) (27). Public
24 services and public facilities shall be limited to those necessary to
25 serve the isolated nonresidential use and shall be provided in a
26 manner that does not permit low-density sprawl;
27 (iv) A county shall adopt measures to minimize and contain the
28 existing areas or uses of more intensive rural development, as
29 appropriate, authorized under this subsection. Lands included in such
30 existing areas or uses shall not extend beyond the logical outer
31 boundary of the existing area or use, thereby allowing a new pattern
32 of low-density sprawl. Existing areas are those that are clearly
33 identifiable and contained and where there is a logical boundary
34 delineated predominately by the built environment, but that may also
35 include undeveloped lands if limited as provided in this subsection.
36 The county shall establish the logical outer boundary of an area of
37 more intensive rural development. In establishing the logical outer
38 boundary, the county shall address (A) the need to preserve the
39 character of existing natural neighborhoods and communities, (B)
40 physical boundaries, such as bodies of water, streets and highways,
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63
1 and land forms and contours, (C) the prevention of abnormally
2 irregular boundaries, and (D) the ability to provide public
3 facilities and public services in a manner that does not permit low -
4 density sprawl;
5 (v) For purposes of (d) of this subsection, an existing area or
6 existing use is one that was in existence:
7 (A) On July 1, 1990, in a county that was initially required to
8 plan under all of the provisions of this chapter;
9 (B) On the date the county adopted a resolution under RCW
10 36.70A.040(2), in a county that is planning under all of the
11 provisions of this chapter under RCW 36.70A.040(2); or
12 (C) On the date the office of financial management certifies the
13 county's population as provided in RCW 36.70A.040(5), in a county
14 that is planning under all of the provisions of this chapter pursuant
15 to RCW 36.70A.040(5).
16 (e) Exception. This subsection shall not be interpreted to permit
17 in the rural area a major industrial development or a master planned
18 resort unless otherwise specifically permitted under RCW 36.70A.360
19 and 36.70A.365.
20 (6) A transportation element that implements, and is consistent
21 with, the land use element.
22 (a) The transportation element shall include the following
23 subelements:
24 (i) Land use assumptions used in estimating travel;
25 (ii) Estimated traffic impacts to state-owned transportation
26 facilities resulting from land use assumptions to assist the
27 department of transportation in monitoring the performance of state
28 facilities, to plan improvements for the facilities, and to assess
29 the impact of land -use decisions on state-owned transportation
30 facilities;
31 (iii) Facilities and services needs, including:
32 (A) An inventory of air, water, and ground transportation
33 facilities and services, including transit alignments and general
34 aviation airport facilities, to define existing capital facilities
35 and travel levels as a basis for future planning. This inventory must
36 include state-owned transportation facilities within the city or
37 county's jurisdictional boundaries;
38 (B) Level of service standards for all locally owned arterials
39 and transit routes to serve as a gauge to judge performance of the
40 system. These standards should be regionally coordinated;
p. 18 SHB 1782
164
1 (C) For state-owned transportation facilities, level of service
2 standards for highways, as prescribed in chapters 47.06 and 47.80
3 RCW, to gauge the performance of the system. The purposes of
4 reflecting level of service standards for state highways in the local
5 comprehensive plan are to monitor the performance of the system, to
6 evaluate improvement strategies, and to facilitate coordination
7 between the county's or city's six-year street, road, or transit
8 program and the office of financial management's ten-year investment
9 program. The concurrency requirements of (b) of this subsection do
10 not apply to transportation facilities and services of statewide
11 significance except for counties consisting of islands whose only
12 connection to the mainland are state highways or ferry routes. In
13 these island counties, state highways and ferry route capacity must
14 be a factor in meeting the concurrency requirements in (b) of this
15 subsection;
16 (D) Specific actions and requirements for bringing into
17 compliance locally owned transportation facilities or services that
18 are below an established level of service standard;
19 (E) Forecasts of traffic for at least ten years based on the
20 adopted land use plan to provide information on the location, timing,
21 and capacity needs of future growth;
22 (F) Identification of state and local system needs to meet
23 current and future demands. Identified needs on state-owned
24 transportation facilities must be consistent with the statewide
25 multimodal transportation plan required under chapter 47.06 RCW;
26 (iv) Finance, including:
27 (A) An analysis of funding capability to judge needs against
28 probable funding resources;
29 (B) A multiyear financing plan based on the needs identified in
30 the comprehensive plan, the appropriate parts of which shall serve as
31 the basis for the six-year street, road, or transit program required
32 by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW
33 35.58.2795 for public transportation systems. The multiyear financing
34 plan should be coordinated with the ten-year investment program
35 developed by the office of financial management as required by RCW
36 47.05.030;
37 (C) If probable funding falls short of meeting identified needs,
38 a discussion of how additional funding will be raised, or how land
39 use assumptions will be reassessed to ensure that level of service
40 standards will be met;
p. 19
SHB 1782
65
1 (v) Intergovernmental coordination efforts, including an
2 assessment of the impacts of the transportation plan and land use
3 assumptions on the transportation systems of adjacent jurisdictions_
4 The comprehensive plan shall describe how the city or county will
5 ensure that the transit frequency that is relied on in the plan,
6 development regulations, and permitting decisions is going to be
7 continued undiminished, including any interlocal agreements with
8 transit providers that will be utilized. For any area where such
9 transit frequency is not reasonably assured, the level of required
10 density or mix of housing required by this section is not required to
11 be increased beyond what would be required if the transit was not
12 present;
13 (vi) Demand -management strategies;
14 (vii) Pedestrian and bicycle component to include collaborative
15 efforts to identify and designate planned improvements for pedestrian
16 and bicycle facilities and corridors that address and encourage
17 enhanced community access and promote healthy lifestyles.
18 (b) After adoption of the comprehensive plan by jurisdictions
19 required to plan or who choose to plan under RCW 36.70A.040, local
20 jurisdictions must adopt and enforce ordinances which prohibit
21 development approval if the development causes the level of service
22 on a locally owned transportation facility to decline below the
23 standards adopted in the transportation element of the comprehensive
24 plan, unless transportation improvements or strategies to accommodate
25 the impacts of development are made concurrent with the development.
26 These strategies may include increased public transportation service,
27 ride -sharing programs, demand management, and other transportation
28 systems management strategies. For the purposes of this subsection
29 (6), "concurrent with the development" means that improvements or
30 strategies are in place at the time of development, or that a
31 financial commitment is in place to complete the improvements or
32 strategies within six years. If the collection of impact fees is
33 delayed under RCW 82.02.050(3), the six-year period required by this
34 subsection (6)(b) must begin after full payment of all impact fees is
35 due to the county or city.
36 (c) The transportation element described in this subsection (6),
37 the six-year plans required by RCW 35.77.010 for cities, RCW
38 36.81.121 for counties, and RCW 35.58.2795 for public transportation
39 systems, and the ten-year investment program required by RCW
40 47.05.030 for the state, must be consistent.
166 p. 20 SHB 1782
1 (7) An economic development element establishing local goals,
2 policies, objectives, and provisions for economic growth and vitality
3 and a high quality of life. A city that has chosen to be a
4 residential community is exempt from the economic development element
5 requirement of this subsection.
6 (8) A park and recreation element that implements, and is
7 consistent with, the capital facilities plan element as it relates to
8 park and recreation facilities. The element shall include: (a)
9 Estimates of park and recreation demand for at least a ten-year
10 period; (b) an evaluation of facilities and service needs; and (c) an
11 evaluation of intergovernmental coordination opportunities to provide
12 regional approaches for meeting park and recreational demand.
13 (9) It is the intent that new or amended elements required after
14 January 1, 2002, be adopted concurrent with the scheduled update
15 provided in RCW 36.70A.130. Requirements to incorporate any such new
16 or amended elements shall be null and void until funds sufficient to
17 cover applicable local government costs are appropriated and
18 distributed by the state at least two years before local government
19 must update comprehensive plans as required in RCW 36.70A.130.
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
NEW SECTION. Sec. 5.
RCW to read as follows:
(1)(a) Any city planning
population of 20,000 or more
A new section is added to chapter 36.70A
under
as of
RCW 36.70A.040 that has a
the effective date of this
section, or any city that is determined by the office of financial
management pursuant to RCW 43.62.030 to have a population of 20,000
or more at least one year prior to its next comprehensive plan
update, must authorize the development of all middle housing types on
all lots exceeding 4,500 square feet zoned for detached single-family
residential use and within one-half mile, based on walking distance,
of a major transit stop. If a city adopts a maximum of four
residential units per lot within one-half mile of a major transit
stop, it may consider a detached accessory dwelling unit as one of
the units.
(b) Cities subject to the requirements of (a) of this subsection
must also allow development of duplexes and attached and detached
accessory dwelling units on all other lots exceeding 4,500 square
feet zoned for single-family residential use, and for the development
of triplexes on corner lots exceeding 5,000 square feet. Cities may
limit development on such lots to a total of two detached residential
p. 21 SHB 1782T67
168
units per lot inclusive of either duplexes or detached accessory
dwelling units on noncorner lots, and to a total of three detached
residential units or a triplex per lot on corner lots.
(2)(a) As an alternative to the requirements in subsection (1) of
this section, cities may alter local zoning to allow an average
minimum net density equivalent to 33 dwelling units per acre within
one-half mile of a major transit stop, based on walking distance.
(b) In determining net density for housing within one-half mile
of a major transit stop a city may exclude sensitive or critical
areas, dedicated open space, schools, bodies of water, or lands which
are not buildable to the level of density otherwise required.
(c) Any city choosing to adopt an average minimum density
pursuant to (a) of this subsection shall also adopt findings of fact
demonstrating that the actions taken to implement the average minimum
density will not result in
or further exclusion in
findings to the department.
(3) When providing for the
racially disparate impacts, displacement,
housing. The city
shall transmit such
required middle housing types as
required in subsection (1) of this section or for the minimum net
density as required in subsection (2) of this section, the city shall
ensure that multifamily housing within such areas includes sufficient
units to meet the projections of housing needed within the planning
horizon for families and households of various sizes and income
levels.
(4) Any city with a population of between 10,000 and 20,000 as of
the effective date of this section, or any city determined by the
office of financial management pursuant to RCW 43.62.030 to have a
population between 10,000 and 20,000 at least one year prior to its
next comprehensive plan update, must authorize the development of
duplexes on all lots exceeding 4,500 square feet which are zoned for
detached single-family residential use that do not have an accessory
dwelling unit on the lot.
(5)(a) Any city with a population over 100,000 may not require
the inclusion of off-street parking as a condition for the
construction of middle housing within one-half mile of a major
transit stop, unless the street on which the construction will occur
has no on -street parking.
(b) Any city with a population between 20,000 and 100,000 may not
require more than one off-street parking spot on a lot within one-
half mile of a major transit stop for every three bedrooms on the
p. 22 SHB 1782
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
lot, unless the street on which the lot is located has no on -street
parking.
(6)(a) Outside of the limitations in this section, a city may
apply all otherwise applicable regulations for the development of
middle housing, including regulations for health, safety, or
environment.
(b) Cities may adopt development and design standards related to
the siting and design of middle housing. Such development and design
standards may not discourage the development of middle housing
through unreasonable costs, fees, delays, or other requirements or
actions which individually or cumulatively make impracticable the
permitting, siting, or construction of middle housing, provided that
this subsection does not limit the amount of affordable housing that
a city may require to be provided, either on-site or through an in -
lieu payment, pursuant to a program enacted under RCW 36.70A.540. A
city may
standards
required
not require zoning, development, siting, or design review
for middle housing that are
for detached
single-family
more restrictive than those
residences
and the same
development permit and environmental review processes that apply to
detached single-family residences shall be applied to middle housing.
(7) Nothing in this section prohibits a city from permitting
detached single-family residences.
23 NEW SECTION. Sec. 6. A new section is added to chapter 36.70A
24 RCW to read as follows:
25 (1) Any city subject to the requirements under section 5 of this
26 act may apply to the department for, and the department may certify,
27 an extension of the implementation timelines.
28 (2) An extension certified under this section may be applied only
29 to specific areas where a city has identified water, sewer,
30 stormwater, or transportation services that are currently deficient,
31 or are expected to be deficient within the next five years, and for
32 which the local government has established a plan of actions that
33 will remedy the deficiency in those services on a specific timeline.
34 The department may certify additional extensions of a city's
35 remediation timeline.
36 (3) For any subarea or community of interest within the
37 jurisdiction for which the city or county finds that the increases in
38 housing density required under section 5 of this act may create a
39 significant risk of displacement of lower or moderate -income
p. 23
SHB 1782
69
1 residents, reducing racial and economic integration, or of not
2 meeting goals to increase affordable housing near transit, the city
3 or county may apply to the department for flexibility in
4 implementation for a limited period of time not to exceed one year.
5 (4) The department may establish by rule any procedures necessary
6 to implement this section.
7 NEW SECTION. Sec. 7. A new section is added to chapter 64.38
8 RCW to read as follows:
9 Governing documents of associations within cities subject to the
10 middle housing and density requirements of this act that are created
11 after the effective date of this section may not prohibit the
12 construction or development of the types of housing or density
13 requirements that must be permitted by this act within such cities.
14 NEW SECTION. Sec. 8. A new section is added to chapter 64.90
15 RCW to read as follows:
16 Declarations and governing documents of a common interest
17 community within cities subject to the middle housing and density
18 requirements of this act that are created after the effective date of
19 this section may not prohibit the construction or development of the
20 types of housing or density requirements that must be permitted by
21 this act within such cities.
22 NEW SECTION. Sec. 9. If specific funding for the purposes of
23 this act, referencing this act by bill or chapter number, is not
24 provided by June 30, 2022, in the omnibus appropriations act, this
25 act is null and void.
170
--- END ---
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