HomeMy WebLinkAbout06-12-19 YPC Packet111011119 M DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
11 %Xk� uu:�; Dui k wi
PlOTY I° YAKIIMA
anning Joseph Calhoun, Manager
129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning�yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
PUBLIC MEETING
City Hall Council Chambers
Wednesday June 12, 2019
3:00 p.m. - 5:00 p.m.
YPC MPmhPrc-
Chairwoman Patricia Byers, Vice -Chair Jacob Liddicoat, Al Rose, Bill Cook, Robert McCormick,
Leanne Hughes -Mickel, and Philip Ostriem
Council Liaison: Kathy Coffey (District 5)
City Planning Staff:
Joan Davenport (Community Development Director), Rosalinda Ibarra (Community Development
Administrative Assistant), Joseph Calhoun (Planning Manager), Eric Crowell (Associate Planner),
Trevor Martin (Associate Planner), Colleda Monick (Community Development Specialist),
and Lisa Maxey (Planning Technician)
AGENDA
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation (for items not listed on the agenda)
V. Approval of Meeting Minutes of May 22, 2019
VI. Discussion on Potential Text Amendments
• Affordable Housing
VII. Other Business
VIII. Adjourn
Next Meeting: June 26, 2019
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P YAKIMA
SIGN-INSHEET panning
City of Yakima Planning Commission
City Hall Council Chambers
Wednesday June 12, 2019
Beginning at 3:00 p.m.
Public Meeting
City of Yakima Planning Commission (YPC) Meeting Minutes
City Hall Council Chambers
May 22, 2019
Call to Order
Chairwoman Patricia Byers called the meeting to order at approximately 3:00 p.m.
Roll Call
YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Jacob Liddicoat, Al Rose,
Robert McCormick, Leanne Hughes -Mickel, Philip Ostriem
YPC Members Absent: Bill Cook (excused)
Staff Present: Joseph Calhoun, Planning Manager; Trevor Martin, Associate
Planner; Lisa Maxey, Planning Technician
Council Liaison: Kathy Coffey, District 5 (absent)
Others: Sign -in sheet in file
Staff Announcements — Planning Manager Joseph Calhoun announced that the public notices
for the Comprehensive Plan Amendments were issued on May 20, 2019, with the comment period
for SEPA ending on June 10, 2019. Staff will then issue the SEPA determination for each proposal
and will send a public hearing notice. The estimated date for the public hearings is July 24tH
Approval of Meeting Minutes of May 8, 2019 — It was motioned by Commissioner McCormick
and seconded by Commissioner Rose to approve the meeting minutes of May 8, 2019. The
motion carried unanimously.
Audience Participation — Audience member Tony Courcy made it known that one of the city's
land use action signs located in the vicinity of 16th Ave. and Hathaway St. is folded in half. Courcy
asked about utility markings in that area. Calhoun informed Courcy that there is a proposed
rezone at this site which he will receive public notice for and that the sign will be replaced. Courcy
stated that he has not received public notices in the past for some proposals near properties that
he owns in Yakima.
The Commission requested that staff look into ways to keep land use action signs intact and in
their intended location as there have been complaints made in the past on this issue.
Courcy asked about maintenance costs for a stormwater pipe he paid for; Calhoun referred him
to the Stormwater Division.
Public Hearing: Preliminary Long Plat of "Vista Ridge Phase 2" — Associate Planner Trevor
Martin provided a summary of the staff report on this matter.
Tom Durant, representative for the applicant (KH Properties LLC), asked about condition #12 in
the staff report, which states, "the developer shall contact the Washington State Department of
Ecology, Water Resources Program to ensure legal right to water, and obtain a water rights permit
if necessary. (RCW §§ 90.03.380 & 90.44.10) A copy of any permit or approval shall be provided
to the City of Yakima prior to the commencement of site preparation." Durant made the case that
this condition should be removed since Yakima-Tieton Irrigation has already confirmed in writing
that the site has water shares and that Yakima-Tieton Irrigation will need to sign off on the face
of the plat. After discussion, Martin voiced that the Commission may want to remove this condition
from their recommendation.
Discussion took place on public input received regarding traffic concerns, specifically at the
intersection of 72nd Ave. and Washington Ave. Martin explained that this intersection is on the
city's Six -Year Transportation Improvement Program (TIP) list, which is updated annually.
-1-
It was motioned by Commissioner Rose and seconded by Commissioner McCormick to accept
staff's recommendation to approve this plat, with the modification to remove condition #12.
Discussion on Potential Text Amendments: Affordable Housing
Calhoun reported that the joint study session with home builders is still being scheduled.
He provided information on short-term rentals, including examples of how other jurisdictions
regulate the use. Commission members and staff discussed this topic at length in terms of how
short-term rentals could be regulated and incorporated into the Yakima Municipal Code.
The Commission had consensus for staff to draft options for a definition of "short-term rental"
that could be used in the code.
Other Business — Calhoun showed a picture of the land use action sign in the area of 16th Ave.
and Hathaway St. when it was originally posted which confirmed that it was posted properly, and
reiterated that the sign will be fixed in light of Courcy's comment that the sign is now folded in
half. He also confirmed via the mailing list in the project file that the public notice for this proposal
was mailed to Tony Courcy's P.O. Box on May 20, 2019.
Vice -Chair Liddicoat requested that a review of the city's landscaping requirements for new
developments be put on a future agenda for discussion.
Adjourn - A motion to adjourn to June 12, 2019 was passed with unanimous vote. This meeting
adjourned at approximately 4:30 p.m.
Chairwoman Byers
Date
This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Technician.
-2-
City of Yakima Planning Commission
May 22, 2019
Affordable Housing
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1. Background
On March 12, 2019, the City Council held a study session where it was moved and seconded to
send the following items to the Planning Commission for further review and discussion:
a. Review options for zoning of additional land for multi -family construction
b. Analyze the Zoning Ordinance (YMC 15) & Subdivision Ordinance (YMC 14) for
regulatory strategies
c. Analyze the R-1 Zoning District to determine if more density should be allowed
in the R-1 zone
d. Review techniques used in other cities, especially in the state of Washington, to
encourage new housing of all types
e. Review the concept of Inclusionary Housing Ordinances that require set -asides
for affordable housing or payment into a fund for affordable housing. Seattle and
Portland have similar ordinances with mixed results
f. Review short term rental zoning and licensing regulations (AirBNB or VRBO)
2. Short Term Rentals
15.02.020 Definitions.
"4ec !'..e. means a residential structure providing individuals with lodging and
p 9 9 9--"
for not more than thirty days. For home occupations, such uses are limited to having not more than five
lodging units or guest rooms.
Table 4-1. Permitted Land Uses
Table 4-2. Table of Permitted Home Occupations
shall meet all applicable health, fire, safety, and building codes. Any
reception hall or meeting room shall be restricted to serve no more than the total number of tenants, unless
otherwise specifically authorized. In addition, shall basubject hothe
following noquinoman
A. Home occupation shall
operated ooaonot
nfringa upon the rights of neighboring residents to peaceful occupancy oftheir homes.
Minimal outward modifications of the structure or grounds may be made only if such changes are compatible
with the character ofthe neighborhood.
B.I f.p Egyjd.ed PAn],ealsohaUonly baoamadhoguests, even ifrequired hobalicensed aoarestaurant understate regulations, except as otherwise permitted in this title.
C. The number ofguest rooms shall not be increased through any exterior modifications or additions to the
home occupation
D. The front yard area shall not baused for off-street parking for guestsunless the parking
area is screened and found to be compatible with the neighborhood or unless waived by the reviewing official.
E. One nonilluminated or externally illuminated sign not exceeding the maximum size allowed within the
applicable zoning district, and bearing only the name ofth and/or operator, shall ba
F. The administrative official may authorize use oftha for receptions,
group meetings and special gatherings based upon the size ofthaI��d����e��.availability ofadequate of�
street parking spaces, public health considerations, and compatibility vviththaourmundingneighborhood.
G. No more than five lodging or guest rooms shall be allowed for home occupations.
Zoning District
shall meet all applicable health, fire, safety, and building codes. Any
reception hall or meeting room shall be restricted to serve no more than the total number of tenants, unless
otherwise specifically authorized. In addition, shall basubject hothe
following noquinoman
A. Home occupation shall
operated ooaonot
nfringa upon the rights of neighboring residents to peaceful occupancy oftheir homes.
Minimal outward modifications of the structure or grounds may be made only if such changes are compatible
with the character ofthe neighborhood.
B.I f.p Egyjd.ed PAn],ealsohaUonly baoamadhoguests, even ifrequired hobalicensed aoarestaurant understate regulations, except as otherwise permitted in this title.
C. The number ofguest rooms shall not be increased through any exterior modifications or additions to the
home occupation
D. The front yard area shall not baused for off-street parking for guestsunless the parking
area is screened and found to be compatible with the neighborhood or unless waived by the reviewing official.
E. One nonilluminated or externally illuminated sign not exceeding the maximum size allowed within the
applicable zoning district, and bearing only the name ofth and/or operator, shall ba
F. The administrative official may authorize use oftha for receptions,
group meetings and special gatherings based upon the size ofthaI��d����e��.availability ofadequate of�
street parking spaces, public health considerations, and compatibility vviththaourmundingneighborhood.
G. No more than five lodging or guest rooms shall be allowed for home occupations.
15.04.120 Home occupations.
A. Purpose. The conduct of a business within a dwelling may be permitted in the residential districts under
the provisions of this section. It is the intent of this section to:
1. Ensure the compatibility of home occupations with other uses permitted in the residential districts;
and
2. Maintain and preserve the character of residential neighborhoods; and
3. Promote the efficient use of public services and facilities by assuring these services are provided to
the residential population for which they were planned and constructed, rather than commercial uses.
B. Table of Permitted Home Occupations. Table 4-2 titled "Table of Permitted Home Occupations" is
incorporated as a part of this section. Each permitted home occupation listed in Table 4-2 is designated as a
Class (1), (2) or (3) use for a particular residential zoning district. All permitted home occupations are subject to
the standards of this title, including the specific conditions of subsection C of this section and the applicable
review procedures of YMC Chapters 15.13, 15.14 and 15.15. Specific uses not permitted as home occupations
are listed in subsection G of this section.
C. Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a
property only when all the following conditions are met:
1. The home occupation is conducted inside a structure within property on which is established the
primary residence of the practitioner(s);
2. The home occupation is incidental and subordinate to the residential functions of the property. No
action related to the home occupation shall be permitted that impairs reasonable residential use of the
dwelling;
3. There are no external alterations to the building which change its character from a dwelling;
4. The portion of the structure or facilities in which a home occupation is to be sited must be so
designed that it may be readily converted to serve residential uses;
5. The business is conducted in a manner that will not alter the normal residential character of the
premises by the use of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare,
heat, smoke or odors;
6. The home occupation does not generate materially greater traffic volumes than would normally be
expected in the residential neighborhood; the frequency of deliveries should be comparable to that of a
single-family home without a home business;
7. There is no outside storage or display of any kind related to the home occupation;
8. The home occupation does not require the use of electrical or mechanical equipment that would
change the fire rating of the structure;
9. The home occupation does not require the use of electrical equipment that exceeds FCC standards
for residential use;
10. The home occupation does not increase water or sewer use so that the combined total use for the
dwelling and home occupation is significantly more than the average for residences in the neighborhood;
11. A business license is purchased where required;
12. The home occupation is conducted only by immediate family members residing in the dwelling;
13. All stock in trade kept for sale on the premises is produced on site by hand without the use of
automated or production line equipment.
In granting approval for a home occupation, the reviewing official may attach additional conditions to ensure the
home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood.
Any home occupation authorized under the provisions of this title shall be open to inspection and review at all
reasonable times by the building a
CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1923
66th Legislature
2019 Regular Session
Passed by the House April 24, 2019
Yeas 75 Nays 19
Speaker of the House of Representatives
Passed by the Senate April 22, 2019
Yeas 33 Nays 16
President of the Senate
Approved
Governor of the State of Washington
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 1923 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Chief Clerk
FILED
Secretary of State
State of Washington
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1923
AS AMENDED BY THE SENATE
Passed Legislature - 2019 Regular Session
State of Washington 66th Legislature 2019 Regular Session
By House Appropriations (originally sponsored by Representatives
Fitzgibbon, Macri, Appleton, Doglio, Dolan, Santos, and Frame)
READ FIRST TIME 03/01/19.
1 AN ACT Relating to increasing urban residential building
2 capacity; amending RCW 36.70A.030, 43.21C.420, and 36.70A.490; adding
3 new sections to chapter 36.70A RCW; adding new sections to chapter
4 43.21C RCW; adding a new section to chapter 35.21 RCW; adding a new
5 section to chapter 35A.21 RCW; adding a new section to chapter 36.22
6 RCW; providing an effective date; and declaring an emergency.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8
NEW SECTION. Sec. 1. A new section is added
to chapter 36.70A
9
RCW to read as follows:
10
(1) A city planning pursuant to RCW 36.70A.040
is encouraged to
11
take the following actions in order to increase
its residential
12
building capacity:
13
(a) Authorize development in one or more areas
of not fewer than
14
five hundred acres that include at least one train
station served by
15
commuter rail or light rail with an average of
at least fifty
16
residential units per acre that require no more than
an average of
17
one on-site parking space per two bedrooms in
the portions of
18
multifamily zones that are located within the areas;
19
(b) Authorize development in one or more areas
of not fewer than
20
five hundred acres in cities with a population greater than forty
21
thousand or not fewer than two hundred fifty acres
in cities with a
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population less than forty thousand that include at least one bus
stop served by scheduled bus service of at least four times per hour
for twelve or more hours per day with an average of at least twenty-
five residential units per acre that require no more than an average
of one on-site parking space per two bedrooms in portions of the
multifamily zones that are located within the areas;
(c) Authorize at least one duplex, triplex, or courtyard
apartment on each parcel in one or more zoning districts that permit
single-family residences unless a city documents a specific
infrastructure of physical constraint that would make this
requirement unfeasible for a particular parcel;
(d) Authorize cluster zoning or lot size averaging in all zoning
districts that permit single-family residences;
(e) Authorize attached accessory dwelling units on all parcels
containing single-family homes where the lot is at least three
thousand two hundred square feet in size, and permit both attached
and detached accessory dwelling units on all parcels containing
single-family homes, provided lots are at least four thousand three
hundred fifty-six square feet in size. Qualifying city ordinances or
regulations may not provide for on-site parking requirements, owner
occupancy requirements, or square footage limitations below one
thousand square feet for the accessory dwelling unit, and must not
prohibit the separate rental or sale of accessory dwelling units and
the primary residence. Cities must set applicable impact fees at no
more than the projected impact of the accessory dwelling unit. To
allow local flexibility, other than these factors, accessory dwelling
units may be subject to such regulations, conditions, procedures, and
limitations as determined by the local legislative authority, and
must follow all applicable state and federal laws and local
ordinances;
(f) Adopt a subarea plan pursuant to RCW 43.21C.420;
(g) Adopt a planned action pursuant to RCW 43.21C.440(1)(b)(ii),
except that an environmental impact statement pursuant to RCW
43.21C.030 is not required for such an action;
(h) Adopt increases in categorical exemptions pursuant to RCW
43.21C.229 for residential or mixed-use development;
(i) Adopt a form -based code in one or more zoning districts that
permit residential uses. "Form -based code" means a land development
regulation that uses physical form, rather than separation of use, as
the organizing principle for the code;
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(j) Authorize a duplex on each corner lot within all zoning
districts that permit single-family residences;
(k) Allow for the division or redivision of land into the maximum
number of lots through the short subdivision process provided in
chapter 58.17 RCW; and
(1) Authorize a minimum net density of six dwelling units per
acre in all residential zones, where the residential development
capacity will increase within the city.
(2) A city planning pursuant to RCW 36.70A.040 may adopt a
housing action plan as described in this subsection. The goal of any
such housing plan must be to encourage construction of additional
affordable and market rate housing in a greater variety of housing
types and at prices that are accessible to a greater variety of
incomes, including strategies aimed at the for-profit single-family
home market. A housing action plan may utilize data compiled pursuant
to section 3 of this act. The housing action plan should:
(a) Quantify existing and projected housing needs for all income
levels, including extremely low-income households, with documentation
of housing and household characteristics, and cost -burdened
households;
(b) Develop strategies to increase the supply of housing, and
variety of housing types, needed to serve the housing needs
identified in (a) of this subsection;
(c) Analyze population and employment trends, with documentation
of projections;
(d) Consider strategies to minimize displacement of low-income
residents resulting from redevelopment;
(e) Review and evaluate the current housing element adopted
pursuant to RCW 36.70A.070, including an evaluation of success in
attaining planned housing types and units, achievement of goals and
policies, and implementation of the schedule of programs and actions;
(f) Provide for participation and input from community members,
community groups, local builders, local realtors, nonprofit housing
advocates, and local religious groups; and
(g) Include a schedule of programs and actions to implement the
recommendations of the housing action plan.
(3) If adopted by April 1, 2021, ordinances, amendments to
development regulations, and other nonproject actions taken by a city
to implement the actions specified in subsection (1) of this section,
with the exception of the action specified in subsection (1)(f) of
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this section, are not subject to administrative or judicial appeal
under chapter 43.21C RCW.
(4) Any action taken by a city prior to April 1, 2021, to amend
their comprehensive plan, or adopt or amend ordinances or development
regulations, solely to enact provisions under subsection (1) of this
section is not subject to legal challenge under this chapter.
(5) In taking action under subsection (1) of this section, cities
are encouraged to utilize strategies that increase residential
building capacity in areas with frequent transit service and with the
transportation and utility infrastructure that supports the
additional residential building capacity.
(6) A city with a population over twenty thousand that is
planning to take at least two actions under subsection (1) of this
section, and that action will occur between the effective date of
this section and April 1, 2021, is eligible to apply to the
department for planning grant assistance of up to one hundred
thousand dollars, subject to the availability of funds appropriated
for that purpose. The department shall develop grant criteria to
ensure that grant funds awarded are proportionate to the level of
effort proposed by a city, and the potential increase in housing
supply or regulatory streamlining that could be achieved. Funding may
be provided in advance of, and to support, adoption of policies or
ordinances consistent with this section. A city can request, and the
department may award, more than one hundred thousand dollars for
applications that demonstrate extraordinary potential to increase
housing supply or regulatory streamlining.
(7) A city seeking to develop a housing action plan under
subsection (2) of this section is eligible to apply to the department
for up to one hundred thousand dollars.
(8) The department shall establish grant award amounts under
subsections (6) and (7) of this section based on the expected number
of cities that will seek grant assistance, to ensure that all cities
can receive some level of grant support. If funding capacity allows,
the department may consider accepting and funding applications from
cities with a population of less than twenty thousand if the actions
proposed in the application will create a significant amount of
housing capacity or regulatory streamlining and are consistent with
the actions in this section.
(9) In implementing this act, cities are encouraged to prioritize
the creation of affordable, inclusive neighborhoods and to consider
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the risk of residential displacement, particularly in neighborhoods
with communities at high risk of displacement.
Sec. 2. RCW 36.70A.030 and 2017 3rd sp.s. c 18 s 2 are each
amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Adopt a comprehensive land use plan" means to enact a new
comprehensive land use plan or to update an existing comprehensive
land use plan.
(2) "Agricultural land" means land primarily devoted to the
commercial production of horticultural, viticultural, floricultural,
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.
(3) "City" means any city or town, including a code city.
(4) "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.
(5) "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; (d) frequently flooded areas; and (e) geologically hazardous
areas. "Fish and wildlife habitat conservation areas" does not
include such artificial features or constructs as irrigation delivery
systems, irrigation infrastructure, irrigation canals, or drainage
ditches that lie within the boundaries of and are maintained by a
port district or an irrigation district or company.
(6) "Department" means the department of commerce.
(7) "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
p. 5 E2SHB 1923.PL
1 may be expressed in a resolution or ordinance of the legislative body
2 of the county or city.
3 (8) "Forestland" means land primarily devoted to growing trees
4 for long-term commercial timber production on land that can be
5 economically and practically managed for such production, including
6 Christmas trees subject to the excise tax imposed under RCW 84.33.100
7 through 84.33.140, and that has long-term commercial significance. In
8 determining whether forestland is primarily devoted to growing trees
9 for long-term commercial timber production on land that can be
10 economically and practically managed for such production, the
11 following factors shall be considered: (a) The proximity of the land
12 to urban, suburban, and rural settlements; (b) surrounding parcel
13 size and the compatibility and intensity of adjacent and nearby land
14 uses; (c) long-term local economic conditions that affect the ability
15 to manage for timber production; and (d) the availability of public
16 facilities and services conducive to conversion of forestland to
17 other uses.
18 (9) "Freight rail dependent uses" means buildings and other
19 infrastructure that are used in the fabrication, processing, storage,
20 and transport of goods where the use is dependent on and makes use of
21 an adjacent short line railroad. Such facilities are both urban and
22 rural development for purposes of this chapter. "Freight rail
23 dependent uses" does not include buildings and other infrastructure
24 that are used in the fabrication, processing, storage, and transport
25 of coal, liquefied natural gas, or "crude oil" as defined in RCW
26 90.56.010.
27 (10) "Geologically hazardous areas" means areas that because of
28 their susceptibility to erosion, sliding, earthquake, or other
29 geological events, are not suited to the siting of commercial,
30 residential, or industrial development consistent with public health
31 or safety concerns.
32 (11) "Long-term commercial significance" includes the growing
33 capacity, productivity, and soil composition of the land for long -
34 term commercial production, in consideration with the land's
35 proximity to population areas, and the possibility of more intense
36 uses of the land.
37 (12) "Minerals" include gravel, sand, and valuable metallic
38 substances.
39 (13) "Public facilities" include streets, roads, highways,
40 sidewalks, street and road lighting systems, traffic signals,
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domestic water systems, storm and sanitary sewer systems, parks and
recreational facilities, and schools.
(14) "Public services" include fire protection and suppression,
law enforcement, public health, education, recreation, environmental
protection, and other governmental services.
(15) "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.
(16) "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;
(e) That reduce the inappropriate conversion of undeveloped land
into sprawling, low-density development;
(f) That generally do not require the extension of urban
governmental services; and
(g) That are consistent with the protection of natural surface
water flows and groundwater and surface water recharge and discharge
areas.
(17) "Rural development" refers to development outside the urban
growth area and outside agricultural, forest, and mineral resource
lands designated pursuant to RCW 36.70A.170. Rural development can
consist of a variety of uses and residential densities, including
clustered residential development, at levels that are consistent with
the preservation of rural character and the requirements of the rural
element. Rural development does not refer to agriculture or forestry
activities that may be conducted in rural areas.
(18) "Rural governmental services" or "rural services" include
those public services and public facilities historically and
typically delivered at an intensity usually found in rural areas, and
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may include domestic water systems, fire and police protection
services, transportation and public transit services, and other
public utilities associated with rural development and normally not
associated with urban areas. Rural services do not include storm or
sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).
(19) "Short line railroad" means those railroad lines designated
class II or class III by the United States surface transportation
board.
(20) "Urban governmental services" or "urban services" include
those public services and public facilities at an intensity
historically and typically provided in cities, specifically including
storm and sanitary sewer systems, domestic water systems, street
cleaning services, fire and police protection services, public
transit services, and other public utilities associated with urban
areas and normally not associated with rural areas.
(21) "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.
(22) "Urban growth areas" means those areas designated by a
county pursuant to RCW 36.70A.110.
(23) "Wetland" or "wetlands" means areas that are inundated or
saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, 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
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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.
(24) "Affordable housing" means, unless the context clearly
indicates otherwise, residential housing whose monthly costs,
including utilities other than telephone, do not exceed thirty
percent of the monthly income of a household whose income is:
(a) For rental housing, sixty 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; or
(b) For owner -occupied housing, eighty 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.
(25) "Extremely low-income household" means a single person,
family, or unrelated persons living together whose adjusted income is
at or below thirty 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.
(26) "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 household is located, as
reported by the United States department of housing and urban
development.
(27) "Permanent supportive housing" is subsidized, leased housing
with no limit on length of stay, paired with on-site or off-site
voluntary services designed to support a person living with a
disability to be a successful tenant in a housing arrangement,
improve the resident's health status, and connect residents of the
housing with community-based health care, treatment, and employment
services.
(28) "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 countv where the household is located, as
P. 9 E2SHB 1923.PL
1 reported by the United States department of housing and urban
2 development.
3 NEW SECTION. Sec. 3. A new section is added to chapter 36.70A
4 RCW to read as follows:
5 The Washington center for real estate research at the University
6 of Washington shall produce a report every two years that compiles
7 housing supply and affordability metrics for each city planning under
8 RCW 36.70A.040 with a population of ten thousand or more. The initial
9 report, completed by October 15, 2020, must be a compilation of
10 objective criteria relating to development regulations, zoning,
11 income, housing and rental prices, housing affordability programs,
12 and other metrics relevant to assessing housing supply and
13 affordability for all income segments, including the percentage of
14 cost -burdened households, of each city subject to the report required
15 by this section. The report completed by October 15, 2022, must also
16 include data relating to actions taken by cities under this act. The
17 report completed by October 15, 2024, must also include relevant data
18 relating to buildable lands reports prepared under RCW 36.70A.215,
19 where applicable, and updates to comprehensive plans under this
20 chapter. The Washington center for real estate research shall
21 collaborate with the Washington housing finance commission and the
22 office of financial management to develop the metrics compiled in the
23 report. The report must be submitted, consistent with RCW 43.01.036,
24 to the standing committees of the legislature with jurisdiction over
25 housing issues and this chapter.
26
NEW SECTION. Sec. 4. A new section is added
to chapter 43.21C
27
RCW to read as follows:
28
If adopted by April 1, 2021,
amendments
to development
29
regulations and other nonproject actions
taken by a
city to implement
30
section 1 (1) or (4) of this act, with
the exception
of the action
31
specified in section l(1)(f) of this
act, are
not subject to
32 administrative or judicial appeals under this chapter.
33 NEW SECTION. Sec. 5. A new section is added to chapter 36.70A
34 RCW to read as follows:
35 In counties and cities planning under RCW 36.70A.040, minimum
36 residential parking requirements mandated by municipal zoning
P. 10 E2SHB 1923.PL
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ordinances for housing units constructed after July 1, 2019, are
subject to the following requirements:
(1) For housing units that are affordable to very low-income or
extremely low-income individuals and that are located within one-
quarter mile of a transit stop that receives transit service at least
four times per hour for twelve or more hours per day, minimum
residential parking requirements may be no greater than one parking
space per bedroom or .75 space per unit. A city may require a
developer to record a covenant that prohibits the rental of a unit
subject to this parking restriction for any purpose other than
providing for housing for very low-income or extremely low-income
individuals. The covenant must address price restrictions and
household income limits and policies if the property is converted to
a use other than for low-income housing. A city may establish a
requirement for the provision of more than one parking space per
bedroom or .75 space per unit if the jurisdiction has determined a
particular housing unit to be in an area with a lack of access to
street parking capacity, physical space impediments, or other reasons
supported by evidence that would make on -street parking infeasible
for the unit.
(2) For housing units that are specifically for seniors or people
with disabilities, that are located within one-quarter mile of a
transit stop that receives transit service at least four times per
hour for twelve or more hours per day, a city may not impose minimum
residential parking requirements for the residents of such housing
units, subject to the exceptions provided in this subsection. A city
may establish parking requirements for staff and visitors of such
housing units. A city may establish a requirement for the provision
of one or more parking space per bedroom if the jurisdiction has
determined a particular housing unit to be in an area with a lack of
access to street parking capacity, physical space impediments, or
other reasons supported by evidence that would make on -street parking
infeasible for the unit. A city may require a developer to record a
covenant that prohibits the rental of a unit subject to this parking
restriction for any purpose other than providing for housing for
seniors or people with disabilities.
NEW SECTION. Sec. 6
RCW to read as follows:
A new section is added to chapter 43.21C
E2SHB 1923.PL
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(1) A project action pertaining to residential, multifamily, or
mixed use development evaluated under this chapter by a city or town
planning under RCW 36.70A.040 is exempt from appeals under this
chapter on the basis of the evaluation of or impacts to
transportation elements of the environment, so long as the project
does not present significant adverse impacts to the state-owned
transportation system as determined by the department of
transportation and the project is:
(a)(i) Consistent with a locally adopted transportation plan; or
(ii) Consistent with the transportation element of a
comprehensive plan; and
(b)(i) A project for which traffic or parking impact fees are
imposed pursuant to RCW 82.02.050 through 82.02.090; or
(ii) A project for which traffic or parking impacts are expressly
mitigated by an ordinance, or ordinances, of general application
adopted by the city or town.
(2) For purposes of this section, "impacts to transportation
elements of the environment" include impacts to transportation
systems; vehicular traffic; waterborne, rail, and air traffic;
parking; movement or circulation of people or goods; and traffic
hazards.
Sec. 7. RCW 43.21C.420 and 2010 c 153 s 2 are each amended to
read as follows:
(1) Cities with a population greater than five thousand, in
accordance with their existing comprehensive planning and development
regulation authority under chapter 36.70A RCW, and in accordance with
this section, may adopt optional elements of their comprehensive
plans and optional development regulations that apply within
specified subareas of the cities, that are either:
(a) Areas designated as mixed-use or urban centers in a land use
or transportation plan adopted by a regional transportation planning
organization; or
(b) Areas within one-half mile of a major transit stop that are
zoned to have an average minimum density of fifteen dwelling units or
more per gross acre.
(2) Cities located on the east side of the Cascade mountains and
located in a county with a population of two hundred thirty thousand
or less, in accordance with their existing comprehensive planning and
development regulation authority under chapter 36.70A RCW, and in
p. 12 E2SHB 1923.PL
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accordance with this section, may adopt optional elements of their
comprehensive plans and optional development regulations that apply
within the mixed-use or urban centers. The optional elements of their
comprehensive plans and optional development regulations must enhance
pedestrian, bicycle, transit, or other nonvehicular transportation
methods.
(3) A major transit stop is defined as:
(a) A stop on a high capacity transportation service 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; or
(e) Stops for a bus or other transit mode providing fixed route
service at intervals of at least thirty minutes during the peak hours
of operation.
(4)(a) A city that elects to adopt such an optional comprehensive
plan element and optional development regulations shall prepare a
nonproject environmental impact statement, pursuant to RCW
43.21C.030, assessing and disclosing the probable significant adverse
environmental impacts of the optional comprehensive plan element and
development regulations and of future development that is consistent
with the plan and regulations.
(b) At least one community meeting must be held on the proposed
subarea plan before the scoping notice for such a nonproject
environmental impact statement is issued. Notice of scoping for such
a nonproject environmental impact statement and notice of the
community meeting required by this section must be mailed to all
property owners of record within the subarea to be studied, to all
property owners within one hundred fifty feet of the boundaries of
such a subarea, to all affected federally recognized tribal
governments whose ceded area is within one-half mile of the
boundaries of the subarea, and to agencies with jurisdiction over the
future development anticipated within the subarea.
(c) ( (in erci= _ wit -Ii 6 -Tv '_' - five _ r'crrrcrrccr-cTroasanc3Fe-`.rdmelen_TTr,=,td:cc
p. 13 E2SHB 1923.PL
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--d})) The notice of the community meeting must include general
illustrations and descriptions of buildings generally representative
of the maximum building envelope that will be allowed under the
proposed plan and indicate that future appeals of proposed
developments that are consistent with the plan will be limited.
Notice of the community meeting must include signs located on major
travel routes in the subarea. If the building envelope increases
during the process, another notice complying with the requirements of
this section must be issued before the next public involvement
opportunity.
((+e})) (d) Any person that has standing to appeal the adoption
of this subarea plan or the implementing regulations under RCW
36.70A.280 has standing to bring an appeal of the nonproject
environmental impact statement required by this subsection.
( ( TfGite _ wit -1i ev - - five lianE13Fed tl:ieasa n elrFsdmelents sliall
,a ,a to tl:rt et
env±Eenfften_ t �i tp a ec t statefftent, ti.,, t FFFa s t netlee paEt o f
st-TEeFt, crFrn-tl:ie e�SLeT' C� NYT
1����epeSeel 6rl177a
plan Eftay 3F e sail t lre—elispl aeefrent e -rF3afffftr; a t dm e n e f - -- - " t --r
J
le
„., � � , , J 1 1 n J 1 - 1'
f-a�Yttilic_s wit -1i elidAmeIr-en, an'-_,_ 4:nte3 ---ratienc : liemaSel:ielels, er- ea l t, 3F a l
ie p3Fepesed smaba3Fea plan. rre �, rl icr
el�pL-rcr
r-rs l9 elisemass
l t
-(-g+)) (e) As an incentive for development authorized under this
section, a city shall consider establishing a transfer of development
rights program in consultation with the county where the city is
located, that conserves county -designated agricultural and forestland
of long-term commercial significance. If the city decides not to
establish a transfer of development rights program, the city must
state in the record the reasons for not adopting the program. The
city's decision not to establish a transfer of development rights
program is not subject to appeal. Nothing in this subsection (4)
(()) (e) may be used as a basis to challenge the optional
comprehensive plan or subarea plan policies authorized under this
section.
p. 14 E2SHB 1923.PL
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(5)(a) Until July 1, ((2918) ) 2029, a proposed development that
meets the criteria of (b) of this subsection may not be challenged in
administrative or judicial appeals for noncompliance with this
chapter as lona as a complete application for such a development that
vests the application or would later lead to vested status under city
or state law is submitted to the city within a time frame established
by the city, but not to exceed the following time frames:
(i) Nineteen years from the date of issuance of the final
environmental impact statement, for projects that are consistent with
an optional element adopted by a city as of the effective date of
this section; or
(ii) Ten years from the date of issuance of the final
environmental impact statement, for projects that are consistent with
an optional element adopted by a city after the effective date of
this section.
(b) A proposed development may not be challenged, consistent with
the timelines established in (a) of this subsection, so long as the
development:
i Is consistent with the optional comprehensive plan or subarea
plan policies and development regulations adopted under subsection
(1) or (2) of this section;
(ii) Sets aside or requires the occupancy of at least ten percent
of the dwelling units, or a greater percentage as determined by city
development regulations, within the development for low-income
households at a sale price or rental amount that is considered
affordable by a city's housing programs. This subsection (5)(b)(ii)
applies only to projects that are consistent with an optional element
adopted by a city pursuant to this section after the effective date
of this section; and (())
(iii) Is environmentally reviewed under subsection (4) of this
section ((Fftay net be el:iallen-f=e in antir-ative—eE jaelieial , e,,
feE n ianee wit -Ii t-Iiis impteL as , ete ap l -- t -n
fez eti a eeve-le rent tl:i t veststl:rt= , plieratien eE weald l -a
te vesteel statas-=aneeL= e-r1=y e��t-awe—l-aw is salefftitteel - = - -1
w t -ti.; a t;wrefzr=affte est-ablisIied by the —e -i ty; 1.,,t net to e�,, e,l ter
yerfzreirtl:ie lelate of -_s nee efzr Tial en±re FF =t �T„r"=t
stat " }) )
() (c) After July 1, ((2918)) 2029, the immunity from
appeals under this chapter of any application that vests or will vest
under this subsection or the ability to vest under this subsection is
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still valid, provided that the final subarea environmental impact
statement is issued by July 1, ( (2918) ) 2029. After July 1, ( (2918) )
2029, a city may continue to collect reimbursement fees under
subsection (6) of this section for the proportionate share of a
subarea environmental impact statement issued prior to July 1,
((2918)) 2029.
(6) It is recognized that a city that prepares a nonproject
environmental impact statement under subsection (4) of this section
must endure a substantial financial burden. A city may recover or
apply for a crrant or loan to prospectively cover its reasonable
expenses of preparation of a nonproject environmental impact
statement prepared under subsection (4) of this section through
access to financial assistance under RCW 36.70A.490 or funding from
private sources. In addition, a city is authorized to recover a
portion of its reasonable expenses of preparation of such a
nonproject environmental impact statement by the assessment of
reasonable and proportionate fees upon subsequent development that is
consistent with the plan and development regulations adopted under
subsection (5) of this section, as long as the development makes use
of and benefits from, as described in subsection (5) of
this section, (()) the nonproject environmental impact statement
prepared by the city. Any assessment fees collected from subsequent
development may be used to reimburse funding received from private
sources. In order to collect such fees, the city must enact an
ordinance that sets forth objective standards for determining how the
fees to be imposed upon each development will be proportionate to the
impacts of each development and to the benefits accruing to each
development from the nonproject environmental impact statement. Any
disagreement about the reasonableness or amount of the fees imposed
upon a development may not be the basis for delay in issuance of a
project permit for that development. The fee assessed by the city may
be paid with the written stipulation "paid under protest" and if the
city provides for an administrative appeal of its decision on the
project for which the fees are imposed, any dispute about the amount
of the fees must be resolved in the same administrative appeal
process.
(7) If a proposed development is inconsistent with the optional
comprehensive plan or subarea plan policies and development
regulations adopted under subsection (1) of this section, the city
p. 16 E2SHB 1923.PL
1 shall require additional environmental review in accordance with this
2 chapter.
3 Sec. 8. RCW 36.70A.490 and 2012 lst sp.s. c 1 s 309 are each
4 amended to read as follows:
5 The growth management planning and environmental review fund is
6 hereby established in the state treasury. Moneys may be placed in the
7 fund from the proceeds of bond sales, tax revenues, budget transfers,
8 federal appropriations, gifts, or any other lawful source. Moneys in
9 the fund may be spent only after appropriation. Moneys in the fund
10 shall be used to make grants or loans to local governments for the
11 purposes set forth in RCW 43.21C.240, 43.21C.031, ((e -r-)) 36.70A.500,
12 section 1 of this act, for costs associated with section 3 of this
13 act, and to cover costs associated with the adoption of optional
14 elements of comprehensive plans consistent with RCW 43.21C.420. Any
15 payment of either principal or interest, or both, derived from loans
16 made from this fund must be deposited into the fund.
17 NEW SECTION. Sec. 9. A new section is added to chapter 35.21
18 RCW to read as follows:
19 A city may not prohibit permanent supportive housing in areas
20 where multifamily housing is permitted.
21 NEW SECTION. Sec. 10. A new section is added to chapter 35A.21
22 RCW to read as follows:
23 A code city may not prohibit permanent supportive housing in
24 areas where multifamily housing is permitted.
25 NEW SECTION. Sec. 11. A new section is added to chapter 36.22
26 RCW to read as follows:
27 (1) Except as provided in subsection (2) of this section, a
28 surcharge of two dollars and fifty cents shall be charged by the
29 county auditor for each document recorded, which will be in addition
30 to any other charge or surcharge allowed by law. The auditor shall
31 remit the funds to the state treasurer to be deposited and used as
32 follows:
33 (a) Through June 30, 2024, funds must be deposited into the
34 growth management planning and environmental review fund created in
35 RCW 36.70A.490 to be used first for grants for costs associated with
p. 17 E2SHB 1923.PL
1 section 1 of this act and for costs associated with section 3 of this
2 act, and thereafter for any allowable use of the fund.
3 (b) Beginning July 1, 2024, sufficient funds must be deposited
4 into the growth management planning and environmental review fund
5 created in RCW 36.70A.490 for costs associated with section 3 of this
6 act, and the remainder deposited into the home security fund account
7 created in RCW 43.1850.060 to be used for maintenance and operation
8 costs of: (i) Permanent supportive housing and (ii) affordable
9 housing for very low-income and extremely low-income households.
10 Funds may only be expended in cities that have taken action under
11 section 1 of this act.
12 (2) The surcharge imposed in this section does not apply to: (a)
13 Assignments or substitutions of previously recorded deeds of trust;
14 (b) documents recording a birth, marriage, divorce, or death; (c) any
15 recorded documents otherwise exempted from a recording fee or
16 additional surcharges under state law; (d) marriage licenses issued
17 by the county auditor; or (e) documents recording a federal, state,
18 county, or city lien or satisfaction of lien.
19 (3) For purposes of this section, the terms "permanent supportive
20 housing," "affordable housing," "very low-income households," and
21 "extremely low-income households" have the same meaning as provided
22 in RCW 36.70A.030.
23 NEW SECTION. Sec. 12. Section 11 of this act is necessary for
24 the immediate preservation of the public peace, health, or safety, or
25 support of the state government and its existing public institutions,
26 and takes effect July 1, 2019.
--- END ---
p. 18 E2SHB 1923.PL