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HomeMy WebLinkAboutPlanning 2023-04-27 Item 7.2 - Legislative UpdateCity of Tuk ila Allan Ekberg, Mayor Department of Community Development - No Gierloff, RICP, Director TO: Tukwila Planning Commission FROM: Nora Gierloff, AICP, DCD Director BY: Neil Tabor, AICP DATE: April 18, 2023 SUBJECT: Legislative Update — Briefing Planning Commission April 27, 2023 ISSUE This agenda item is to brief the Planning Commission on select legislative items that are expected to be passed into law from the most recent session of the Washington State Legislature. It is anticipated that some of these legislative actions will require modifications to local government planning requirements. Due to the timing of the packet not all details of bills may be finalized. BACKGROUND The legislative session ends on April 23, 2023. This session has included a number of bills related to housing production, regulation and permitting, as well as select bills with overarching implications to planning topics. This memo will provide a brief overview of those identified as especially pertinent for the City of Tukwila, as well as a few bills from previous sessions that will need to be incorporated into future code updates. As this memo is being written before the end of the session, staff may provide additional updates at the Planning Commission meeting. Bills that Will Likely Require Code Updates • E2SHB 1110 Middle Housing This bill would require cities under a population 25,000 residents, but within a county with a population of at least 275,000 residents, such as King, to allow at least two dwelling units per lot on all lots zoned predominantly for single-family residences. Slightly higher standards apply for cities between 25,000 and 75,000 residents. This update would be effective six (6) months from the date of periodic comprehensive plan update deadline, or June 2025. Tukwila City Hall • 6200 5outhcenter Boulevard • Tukwila, WA 98188 • 206-4,.-1800 Website.: TukwilaWA.gov 3/ INFORMATIONAL MEMO Legislative Update - Briefing April 27, 2023 Page 2 of 4 • HB 1337 ADU Reform This bill would require that accessory dwelling unit regulations comply with new requirements that restrict what cities can require of ADUs within their communities. The main criteria include: o Each city must allow up to two ADUs per lot that allows single-family homes. o May not require owner occupancy of the ADU or primary dwelling. o Places limits on impact fees for ADUs. o May not limit the size of the ADUs to less than 1,000 square feet. o May not restrict the height of ADUs to less than 24 feet. o Must allow ADUs on any lot that meets the minimum size requirements for the principal unit. o May not restrict ADUs from condomizing and selling as separate units. o Requires flexibility for conversion of existing structures into ADUs. o May not require public street improvements as a condition of ADU permitting. o Limits design requirements that can be applied to ADUs. This update would be effective six (6) months from the date of periodic comprehensive plan update deadline, or June 2025. • 2SSB 5412 SEPA exemptions, design review o Exempts middle housing projects from SEPA. o Limit ambiguity in design regulations. This update would be effective six (6) months from the date of periodic comprehensive plan update deadline, or June 2025. • ESHB 1293 Process, design review o Limits standards which can be applied for design review. o Recommends expedited review timelines for low-income and moderate -income housing projects. This update would be effective six (6) months from the date of periodic comprehensive plan update deadline, or June 2025. • HB 1181 Climate Change in GMA o Adds Climate Change and Resiliency Element to list of required comprehensive plan elements. o Requires that jurisdictions address the impacts of climate change, and adopt strategies to reduce greenhouse gas (GHG) emissions and vehicle miles traveled (VMT). o Requires supporting plans to address climate change and resiliency. 38 INFORMATIONAL MEMO Legislative Update - Briefing April 27, 2023 Page 3 of 4 This update must be adopted with the next update of the comprehensive plan, as understood at this time. • ESHB 1042 o Limits restrictions that can be placed on the conversion of existing commercial or mixed use buildings converted to residential use. This update would be effective six (6) months from the date of periodic comprehensive plan update deadline, or June 2025. • RCW 36.70A.620 General parking requirements near transit o Sets the maximum number of parking stalls that may be required for certain new affordable, senior, and market housing projects meeting a certain frequency level of nearby transit service, with limited exceptions. Currently effective. Tukwila will need to adjust its regulations to meet this requirement. • RCW 36.70A.698 ADU Parking requirements near transit o Restricts jurisdictions from requiring off-street parking for ADUs, with limited exceptions. Ambiguous as to when this would become effective, due to exemption for cities that have recently updated ADU ordinances, as Tukwila is categorized. Bills Likely Not to Require Code Updates • E2SSB 5258 Condo Reform o Limits the liability of the developer through a rework of provisions relating to construction defects. o Alters financing by modifying how funds must be held by developers, as well as reduces barriers for buying condominiums. • 2SHB 1474 Reversing Housing Discrimination o Creates a special purpose credit program to provide downpayment and closing cost assistance for persons historically disadvantaged by racist housing policies. o Tasks county assessors to create Covenant Homeownership Program to fund such special purpose credit programs. 39 INFORMATIONAL MEMO Legislative Update - Briefing April 27, 2023 Page 4 of 4 DCD Staff will monitor codification and interpretation of these and any other pertinent bills to ensure streamlining of regulations and compliance with state law and with the comprehensive plan update. el 0