Planning Commission Meeting

Agenda City of Ocean Shores Planning Commission Meeting Join Zoom Meeting Online Click Here Join Zoom Meeting by Phone Phone Number: 1.253.215.8782 US Meeting ID: 867 4037 0469 Passcode: 577619 Tuesday Ocean Shores Library February 28, 2023 573 Point Brown Ave. NW 2:00 PM Ocean Shores, Washington Page Call to Order Roll Call Approval of Meeting Agenda Approval of Minutes 3-4 1. Approval of minutes for the Regular City of Ocean Shores Planning Commission Meeting on February 14, 2023 Public Comments Planning Commission is accepting written Public Comments to be sent via email to the City Clerk at slogan@osgov.com no later than 1:00 PM February 28, 2023. Old Business New Business Discussion 5-7 2. Transient Lodging Code - Revision • Led by: Planning Commission Chair, Gary Pease Page 1 of 26 Page 8 - 26 3. Legislative Update • Led by: Planning Commissioner, Thorn Ward 4. Landscaping Code Update • Led by: Planning Commissioner, Mark Lawlis 5. Shoreline Management Plan (SMP) Draft - Review • Led by: City Planner Marshall Read Reports 6. Planning Commission Member(s) Report • Dan Bricker • Gary Pease • Thorn Ward • Kerry Barr • Paul Schulz • Brian Bachman • Mark Lawlis Future Meeting Item(s) and Meeting Date March 14, 2023 at 2:00 PM Adjourn _________________________________________________________ Public Notice: • Persons requiring auxiliary aids or special arrangements in order to participate in meetings should call 360.940.7498 at least two business days prior to the scheduled meeting. Page 2 of 26  MINUTES Ocean Shores Planning Commission Regular Meeting Tuesday, 2/14/2023 – 2:00 p.m. Ocean Shores Public Library Meeting Room 573 Point Brown Ave NW, Ocean Shores, WA Minutes taken by Commissioner Bricker 1. Call to Order Chair Gary Pease called the meeting to order at 2:00 p.m. 2. Roll Call Planning Commissioners present: Gary Pease, Dan Bricker, Thorn Ward, Brian Bachman, Kerry Barr, Paul Schultz and Mark Lawlis Planning Commissioners absent: None City Staff present: City Planner, Marshall Read; City Clerk, Sara Logan 3. Approval of Meeting Agenda • Commissioner Bachman moved to approve the meeting agenda. • Commissioner Ward seconded the motion. The motion passed unanimously. 4. Approval of Minutes • Commissioner Schultz to approve the meeting minutes from 1/10/2023. • Commissioner Barr seconded the motion. The motion passed unanimously • Commissioner Bachman to approve the meeting minutes from 1/24/2023. • Commissioner Schultz seconded the motion. The motion passed unanimously 5. Public Comments None 6. Reports: No reports 7. Continued Business: • Continued discussion on Lot Clearing and Landscaping. To be continued. 8. New Business: • Discussion on Middle Income Housing and Multi-Family Zoning. To be continued. • City Planner, Marshall Read advised the commission that the Shoreline Master Plan update will be brought to the commission for review and the commission will have to hold A public meeting on the Updated Shoreline Master Plan. 9. Members of the Commission Reports Page 1 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 3 of 26  • None 10. Secretary for Next Meeting Chair Gary Pease appointed Commissioner Ward as secretary for the 2/28/2023 Meeting. 11. Future Meetings • Next meeting is at 2:00 p.m. on 11/28/2022. • Meeting will be held at the Ocean Shores Public Library meeting room located at 573 Point Brown Ave NW, Ocean Shores, WA. • Prior to attending, please confirm the meeting location on the official agenda. The agenda is easily accessed by clicking on the meeting posted on the city calendar at the bottom of the city website homepage at www.osgov.com. 12. Adjournment • Commissioner Bachman moved to adjourn. • Commissioner Lawlis seconded the motion. Motion passed unanimously. • Chair Gary Pease adjourned the meeting at approximately 3:15 p.m. Page 2 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 4 of 26  Proposed additional changes to Ocean Shores Municipal Code in regards to Transient Lodging: 1: Strengthen the law by enhancing OSMC 17.50.055 B. of the code as follows (suggestion in boldface): “No person…shall occupy, use, operate, rent or lease nor offer, advertise or solicit in any manner, or negotiate to use, lease, or rent a dwelling…. Potential Transient Rental Municipal Codes for Consideration Approved by Ocean Shores Planning Commission on 5/10/2022 Proposed draft provisions: E. Business Licenses and Taxes. 1. Owners of transient rentals properties in permitted locations must obtain a city business license in accordance with Chapter 5.02 of the Ocean Shores Municipal Code before operating said property as a transient rental. 2. Owners/operators of transient rentals in permitted locations are subject to all provisions of Chapter 5.02 of the Ocean Shores Municipal Code, to include but not limited to: application, fees, renewal, and revocation. Special note is made that behavior and/or actions of persons renting or otherwise occupying licensed transient rentals that is in violation of any provision of the Ocean Shores municipal code may result in revocation of the Business License permitting operation of the Transient Rental. 3. For owners/operators of multiple transient rental properties in permitted locations, each property shall be considered a branch location in accordance with section 5.02.070 of the Ocean Shores Municipal Code and shall require a separate city business license for each location. 4. Owners/operators of rentals properties in permitted locations shall pay all business and occupation tax in accordance with Chapter 3.38 of the Ocean Shores Municipal Code. 5. Owners/operators of rentals properties in permitted locations shall collect and pay to the Washington State Department of Revenue Lodging Tax in accordance with Chapter 3.32 of the Ocean Chores Municipal Code. 6. Insurance. The owner/operator of transient rental properties in permitted locations shall provide proof of insurance specific to transient rental properties covering the period of the business license. The owner/operator of transient rental properties shall maintain such insurance throughout the period the property is used as a transient rental. F. Conditions of approval and maintenance of a city business license for transient rental properties 2. Transient Lodging Code - Revision Led by: Planning Commission Chair, ... Page 5 of 26  1. Local Property Representative. Where the owner/operator of a transient rental property does not reside full-time within 50 miles driving distance of the transient rental property, a local property manger shall be designated. The designated local property manager shall reside full-time within a 50-mile driving distance to the transient rental property. The owner/operator or local property manager shall be available 24 hours per day responsible for responding to and resolving all complaints about the transient rental property. 2. Alternate Property Representative. An Alternate Property Representative for each transient rental property shall be designated regardless of the requirement to designate a Local Property Representative. The Alternate Property Representative shall be contacted if the owner/operator or Local Property Representative cannot be contacted in a reasonable timeframe and shall have all the duties and responsibilities of the owner and operator or Local Property Representative in such instance. Owner/operators of transient rental properties shall provide, as part of the city business tax application, an affirmation by Alternate Property Representative affirming awareness and capability to perform the duties of the owner/operator or Local Property Representative. 3. The name, address, and telephone number of the owner/operator, Local Property Representative (if used), and Alternate Property Representative shall be kept on file by the city and provided to the City of Ocean Shores Police Department. Failure to keep all contact information current, failure to respond in a timely manner to complaints, or occurrence of repeated complaints may result in the suspension or revocation of the business license and/or civil or criminal penalties. G. Fire Safety Inspection. The owner/operator of a transient rental property shall coordinate with the Ocean Shores Fire Department for a fire safety inspection of the proposed transient rental property prior to applying for a city business license. A copy of the passed inspection certificate shall be provided along with the initial application for a city business license. The fire safety inspection shall be performed annually thereafter and a copy provide with the application for annual renewal of the business license. H. Occupancy. Maximum occupancy of the transient rental property shall be based on the International Building Code standards, or a safe maximum occupancy set by the Ocean Shores Fire Department during the annual Fire Safety Inspection, whichever is less. The owner/operator of the transient rental property shall be responsible for ensuring that the transient rental property is operated in conformance with is maximum occupancy. I. Parking. At least one additional off-street parking space shall be provided for transient lodging use, in addition to all other parking required for the property in accordance with current city building codes. Sufficient parking space shall be provided such that on- 2. Transient Lodging Code - Revision Led by: Planning Commission Chair, ... Page 6 of 26  street parking is not required at the maximum occupancy. In accordance with Ocean Shores City Code section 8.32.030, no more than four vehicles shall be parked outside an enclosed garage or carport. J. Solid Waste. Owner/operators of transient rental properties shall ensure collection and removal of solid waste from transient rental properties at least weekly. Solid waste shall be stored in completely enclosed and secured solid waste receptacles or stored indoors until collection. K. Informational Packet. A packet of information shall be provided to renters and posted conspicuously in the common area of the transient rental summarizing the guidelines and restrictions applicable to use of the transient rental property to include: 1. Maximum occupancy. 2. Prohibited uses 3. Applicable noise and use restrictions in accordance with current city code. 4. Location of approved parking and maximum number of allowed vehicles. 5. Instructions for management of solid waste, including specific instructions on prevention of bear nuisance. 6. Contact information for owner/operator of transient rental property, Local Property Representative (when used), and Alternate Property Representative. 7. A copy of the approved business license for the transient rental property/ 2. Transient Lodging Code - Revision Led by: Planning Commission Chair, ... Page 7 of 26  H-1021.1 SUBSTITUTE HOUSE BILL 1245 State of Washington 68th Legislature 2023 Regular Session By House Housing (originally sponsored by Representatives Barkis, Robertson, Wylie, Fitzgibbon, Peterson, Walsh, Chambers, Kloba, Gregerson, Graham, Waters, Reed, Walen, Christian, Riccelli, Macri, Bateman, and Doglio) READ FIRST TIME 02/06/23. 1 AN ACT Relating to increasing housing options through lot 2 splitting; adding a new section to chapter 36.70A RCW; and creating a 3 new section. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 NEW SECTION. Sec. 1. The legislature finds that allowing an 6 existing residential lot to be split into two lots can offer many 7 advantages to both the existing homeowner and to prospective 8 homebuyers. Lot splitting can provide current owners the opportunity 9 to maintain homeownership in changing life circumstances, while also 10 providing new homebuyers with a more affordable ownership 11 opportunity. Additionally, lot splitting will provide additional 12 opportunities for sales to affordable housing providers or 13 homeownership facilitators that may be exempt from state real estate 14 excise tax under chapter 82.45 RCW. Therefore, it is the intent of 15 the legislature to ease restrictions on, and expand opportunities 16 for, lot splitting in cities planning under chapter 36.70A RCW, the 17 growth management act. 18 NEW SECTION. Sec. 2. A new section is added to chapter 36.70A 19 RCW to read as follows: p. 1 SHB 1245 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 8 of 26  1 (1)(a) Cities planning under this chapter must adopt or amend by 2 ordinance, and incorporate into their development regulations, zoning 3 regulations, and other official controls the requirements of 4 subsection (2) of this section by July 1, 2024, to apply within the 5 city's urban growth area. 6 (b) Beginning July 1, 2024, the requirements of subsection (2) of 7 this section apply and take effect in any city that has not adopted 8 or amended ordinances, regulations, or other official controls as 9 required under this section and supersede, preempt, and invalidate 10 any conflicting local development regulations. 11 (2) Through ordinances, development regulations, zoning 12 regulations, and other official controls as required under subsection 13 (1) of this section, cities may not: 14 (a) Prohibit, within a residential zone that allows for the 15 development of detached single-family residences, the splitting of a 16 single residential lot into two residential lots if the following 17 conditions are met: 18 (i) The resulting lots are at least 1,500 square feet; 19 (ii) The resulting lots are at least 40 percent of the size of 20 the original lot; 21 (iii) The resulting lots are consistent with the minimum review 22 standards under chapter 58.17 RCW; 23 (iv) The original lot was not created through the splitting of a 24 single residential lot authorized by this section; and 25 (v) The lot split would not require demolition or alteration of 26 any housing that is rent restricted, rent subsidized, or that has 27 been occupied by a tenant paying market-rate rent within the 28 preceding 12 months; 29 (b) Impose regulations on a residential lot that is the result of 30 a lot split that: 31 (i) Require more than one off-street parking space per lot; 32 (ii) Require more than 20 feet of frontage width per lot; 33 (iii) Require easement widths of more than four feet for access 34 to rear lots unless site-specific conditions, such as access to 35 utilities, require wider easements; 36 (iv) Impose permitting requirements, design standards, or impacts 37 fees on construction on a lot resulting from a lot split that are 38 greater than those imposed on new residential construction generally 39 within the same zone; or p. 2 SHB 1245 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 9 of 26  1 (v) Impose requirements for dedications of rights-of-way or for 2 the construction of off-site improvements unless site-specific 3 conditions require otherwise. 4 (3) Any construction on the resulting lots is subject to all 5 existing state and local laws except for the provisions specified in 6 subsection (2) of this section. --- END --- p. 3 SHB 1245 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 10 of 26  H-1091.1 SUBSTITUTE HOUSE BILL 1110 State of Washington 68th Legislature 2023 Regular Session By House Housing (originally sponsored by Representatives Bateman, Barkis, Reed, Taylor, Riccelli, Berry, Fitzgibbon, Peterson, Duerr, Lekanoff, Alvarado, Street, Ryu, Ramel, Cortes, Doglio, Macri, Mena, Gregerson, Thai, Bergquist, Farivar, Wylie, Stonier, Pollet, Santos, Fosse, and Ormsby) READ FIRST TIME 02/13/23. 1 AN ACT Relating to creating more homes for Washington by 2 increasing middle housing in areas traditionally dedicated to single- 3 family detached housing; amending RCW 36.70A.030, 36.70A.280, and 4 43.21C.495; adding new sections to chapter 36.70A RCW; adding a new 5 section to chapter 64.34 RCW; adding a new section to chapter 64.32 6 RCW; adding a new section to chapter 64.38 RCW; adding a new section 7 to chapter 64.90 RCW; and creating a new section. 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 9 NEW SECTION. Sec. 1. The legislature finds that Washington is 10 facing an unprecedented housing shortage for its current population 11 and without significant action will not meet its goal of creating 12 1,000,000 homes by 2044. 13 Increasing housing options that are more affordable to various 14 income levels is critical to achieving the state's housing goals, 15 including those codified by the legislature under chapter 254, Laws 16 of 2021. 17 There is continued need for the development of housing at all 18 income levels, including middle housing that will provide a wider 19 variety of housing options and configurations to allow Washingtonians 20 to live near where they work. p. 1 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 11 of 26  1 To unlock opportunity for Washingtonians it is necessary to lift 2 bans on the development of modest home choices in cities near job 3 centers, transit, and amenity-rich neighborhoods. 4 Homes developed at higher densities and gentle density housing 5 types are more affordable by design for Washington residents both in 6 their construction and reduced household energy and transportation 7 costs. 8 While creating more housing options, it is essential for cities 9 to identify areas at higher risk of displacement and establish 10 antidisplacement policies as required in Engrossed Second Substitute 11 House Bill No. 1220 (chapter 254, Laws of 2021). 12 The state has made historic investments in subsidized affordable 13 housing through the housing trust fund, yet even with these historic 14 investments, the magnitude of the housing shortage requires both 15 public and private investment. 16 In addition to addressing the housing shortage, allowing more 17 housing options in areas already served by urban infrastructure will 18 reduce the pressure to develop natural and working lands, support key 19 strategies for climate change, food security, and Puget Sound 20 recovery, and save taxpayers and ratepayers money. 21 Sec. 2. RCW 36.70A.030 and 2021 c 254 s 6 are each amended to 22 read as follows: 23 Unless the context clearly requires otherwise, the definitions in 24 this section apply throughout this chapter. 25 (1) "Administrative design review" means a development permit 26 process whereby an application is reviewed, approved, or denied by 27 the planning director or the planning director's designee based 28 solely on objective design and development standards without a public 29 meeting or hearing, unless such review is otherwise required by state 30 or federal law or the structure is listed on a local historic 31 register through a local preservation ordinance. 32 (2) "Adopt a comprehensive land use plan" means to enact a new 33 comprehensive land use plan or to update an existing comprehensive 34 land use plan. 35 (((2))) (3) "Affordable housing" means, unless the context 36 clearly indicates otherwise, residential housing whose monthly costs, 37 including utilities other than telephone, do not exceed thirty 38 percent of the monthly income of a household whose income is: p. 2 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 12 of 26  1 (a) For rental housing, sixty percent of the median household 2 income adjusted for household size, for the county where the 3 household is located, as reported by the United States department of 4 housing and urban development; or 5 (b) For owner-occupied housing, eighty percent of the median 6 household income adjusted for household size, for the county where 7 the household is located, as reported by the United States department 8 of housing and urban development. 9 (((3))) (4) "Agricultural land" means land primarily devoted to 10 the commercial production of horticultural, viticultural, 11 floricultural, dairy, apiary, vegetable, or animal products or of 12 berries, grain, hay, straw, turf, seed, Christmas trees not subject 13 to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish 14 in upland hatcheries, or livestock, and that has long-term commercial 15 significance for agricultural production. 16 (((4))) (5) "City" means any city or town, including a code city. 17 (((5))) (6) "Community amenity" means: 18 (a) A public school as defined in RCW 28A.150.010, a common 19 school as defined in RCW 28A.150.020, or a private school approved 20 under RCW 28A.195.010; or 21 (b) A designated entrance or pedestrian access point to a park 22 operated by the state or a local government for the use of the 23 general public. 24 (7) "Comprehensive land use plan," "comprehensive plan," or 25 "plan" means a generalized coordinated land use policy statement of 26 the governing body of a county or city that is adopted pursuant to 27 this chapter. 28 (((6))) (8) "Cottage housing" means detached dwelling units 29 arranged on two or more sides of a landscaped central area. 30 (9) "Courtyard apartments" means attached dwelling units arranged 31 on two or more sides of a landscaped central courtyard. 32 (10) "Critical areas" include the following areas and ecosystems: 33 (a) Wetlands; (b) areas with a critical recharging effect on aquifers 34 used for potable water; (c) fish and wildlife habitat conservation 35 areas; (d) frequently flooded areas; and (e) geologically hazardous 36 areas. "Fish and wildlife habitat conservation areas" does not 37 include such artificial features or constructs as irrigation delivery 38 systems, irrigation infrastructure, irrigation canals, or drainage 39 ditches that lie within the boundaries of and are maintained by a 40 port district or an irrigation district or company. p. 3 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 13 of 26  1 (((7))) (11) "Department" means the department of commerce. 2 (((8))) (12) "Development regulations" or "regulation" means the 3 controls placed on development or land use activities by a county or 4 city, including, but not limited to, zoning ordinances, critical 5 areas ordinances, shoreline master programs, official controls, 6 planned unit development ordinances, subdivision ordinances, and 7 binding site plan ordinances together with any amendments thereto. A 8 development regulation does not include a decision to approve a 9 project permit application, as defined in RCW 36.70B.020, even though 10 the decision may be expressed in a resolution or ordinance of the 11 legislative body of the county or city. 12 (((9))) (13) "Emergency housing" means temporary indoor 13 accommodations for individuals or families who are homeless or at 14 imminent risk of becoming homeless that is intended to address the 15 basic health, food, clothing, and personal hygiene needs of 16 individuals or families. Emergency housing may or may not require 17 occupants to enter into a lease or an occupancy agreement. 18 (((10))) (14) "Emergency shelter" means a facility that provides 19 a temporary shelter for individuals or families who are currently 20 homeless. Emergency shelter may not require occupants to enter into a 21 lease or an occupancy agreement. Emergency shelter facilities may 22 include day and warming centers that do not provide overnight 23 accommodations. 24 (((11))) (15) "Extremely low-income household" means a single 25 person, family, or unrelated persons living together whose adjusted 26 income is at or below thirty percent of the median household income 27 adjusted for household size, for the county where the household is 28 located, as reported by the United States department of housing and 29 urban development. 30 (((12))) (16) "Forestland" means land primarily devoted to 31 growing trees for long-term commercial timber production on land that 32 can be economically and practically managed for such production, 33 including Christmas trees subject to the excise tax imposed under RCW 34 84.33.100 through 84.33.140, and that has long-term commercial 35 significance. In determining whether forestland is primarily devoted 36 to growing trees for long-term commercial timber production on land 37 that can be economically and practically managed for such production, 38 the following factors shall be considered: (a) The proximity of the 39 land to urban, suburban, and rural settlements; (b) surrounding 40 parcel size and the compatibility and intensity of adjacent and p. 4 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 14 of 26  1 nearby land uses; (c) long-term local economic conditions that affect 2 the ability to manage for timber production; and (d) the availability 3 of public facilities and services conducive to conversion of 4 forestland to other uses. 5 (((13))) (17) "Freight rail dependent uses" means buildings and 6 other infrastructure that are used in the fabrication, processing, 7 storage, and transport of goods where the use is dependent on and 8 makes use of an adjacent short line railroad. Such facilities are 9 both urban and rural development for purposes of this chapter. 10 "Freight rail dependent uses" does not include buildings and other 11 infrastructure that are used in the fabrication, processing, storage, 12 and transport of coal, liquefied natural gas, or "crude oil" as 13 defined in RCW 90.56.010. 14 (((14))) (18) "Geologically hazardous areas" means areas that 15 because of their susceptibility to erosion, sliding, earthquake, or 16 other geological events, are not suited to the siting of commercial, 17 residential, or industrial development consistent with public health 18 or safety concerns. 19 (((15))) (19) "Long-term commercial significance" includes the 20 growing capacity, productivity, and soil composition of the land for 21 long-term commercial production, in consideration with the land's 22 proximity to population areas, and the possibility of more intense 23 uses of the land. 24 (((16))) (20) "Low-income household" means a single person, 25 family, or unrelated persons living together whose adjusted income is 26 at or below eighty percent of the median household income adjusted 27 for household size, for the county where the household is located, as 28 reported by the United States department of housing and urban 29 development. 30 (((17))) (21)(a) "Major transit stop," except as provided in (b) 31 of this subsection, means: 32 (i) A stop on a high capacity transportation system funded or 33 expanded under the provisions of chapter 81.104 RCW; 34 (ii) Commuter rail stops; 35 (iii) Stops on rail or fixed guideway systems, including 36 transitways; or 37 (iv) Stops on bus rapid transit routes. 38 (b) Alternatively, a definition of "major transit stop" adopted 39 before the effective date of this section by a regional agency 40 planning under the multicounty planning policies authority pursuant p. 5 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 15 of 26  1 to RCW 36.70A.210(7) shall apply to counties and cities which are 2 subject to those multicounty planning policies. 3 (22) "Middle housing" means buildings that are compatible in 4 scale, form, and character with single-family houses and contain two 5 or more attached, stacked, or clustered homes including duplexes, 6 triplexes, fourplexes, fiveplexes, sixplexes, townhouses, courtyard 7 apartments, and cottage housing. 8 (23) "Minerals" include gravel, sand, and valuable metallic 9 substances. 10 (((18))) (24) "Moderate-income household" means a single person, 11 family, or unrelated persons living together whose adjusted income is 12 at or below 120 percent of the median household income adjusted for 13 household size, for the county where the household is located, as 14 reported by the United States department of housing and urban 15 development. 16 (((19))) (25) "Permanent supportive housing" is subsidized, 17 leased housing with no limit on length of stay that prioritizes 18 people who need comprehensive support services to retain tenancy and 19 utilizes admissions practices designed to use lower barriers to entry 20 than would be typical for other subsidized or unsubsidized rental 21 housing, especially related to rental history, criminal history, and 22 personal behaviors. Permanent supportive housing is paired with on- 23 site or off-site voluntary services designed to support a person 24 living with a complex and disabling behavioral health or physical 25 health condition who was experiencing homelessness or was at imminent 26 risk of homelessness prior to moving into housing to retain their 27 housing and be a successful tenant in a housing arrangement, improve 28 the resident's health status, and connect the resident of the housing 29 with community-based health care, treatment, or employment services. 30 Permanent supportive housing is subject to all of the rights and 31 responsibilities defined in chapter 59.18 RCW. 32 (((20))) (26) "Public facilities" include streets, roads, 33 highways, sidewalks, street and road lighting systems, traffic 34 signals, domestic water systems, storm and sanitary sewer systems, 35 parks and recreational facilities, and schools. 36 (((21))) (27) "Public services" include fire protection and 37 suppression, law enforcement, public health, education, recreation, 38 environmental protection, and other governmental services. 39 (((22))) (28) "Recreational land" means land so designated under 40 RCW 36.70A.1701 and that, immediately prior to this designation, was p. 6 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 16 of 26  1 designated as agricultural land of long-term commercial significance 2 under RCW 36.70A.170. Recreational land must have playing fields and 3 supporting facilities existing before July 1, 2004, for sports played 4 on grass playing fields. 5 (((23))) (29) "Rural character" refers to the patterns of land 6 use and development established by a county in the rural element of 7 its comprehensive plan: 8 (a) In which open space, the natural landscape, and vegetation 9 predominate over the built environment; 10 (b) That foster traditional rural lifestyles, rural-based 11 economies, and opportunities to both live and work in rural areas; 12 (c) That provide visual landscapes that are traditionally found 13 in rural areas and communities; 14 (d) That are compatible with the use of the land by wildlife and 15 for fish and wildlife habitat; 16 (e) That reduce the inappropriate conversion of undeveloped land 17 into sprawling, low-density development; 18 (f) That generally do not require the extension of urban 19 governmental services; and 20 (g) That are consistent with the protection of natural surface 21 water flows and groundwater and surface water recharge and discharge 22 areas. 23 (((24))) (30) "Rural development" refers to development outside 24 the urban growth area and outside agricultural, forest, and mineral 25 resource lands designated pursuant to RCW 36.70A.170. Rural 26 development can consist of a variety of uses and residential 27 densities, including clustered residential development, at levels 28 that are consistent with the preservation of rural character and the 29 requirements of the rural element. Rural development does not refer 30 to agriculture or forestry activities that may be conducted in rural 31 areas. 32 (((25))) (31) "Rural governmental services" or "rural services" 33 include those public services and public facilities historically and 34 typically delivered at an intensity usually found in rural areas, and 35 may include domestic water systems((,)) and fire and police 36 protection services((, transportation and public transit services, 37 and other public utilities)) associated with rural development and 38 normally not associated with urban areas. Rural services do not 39 include storm or sanitary sewers, except as otherwise authorized by 40 RCW 36.70A.110(4). p. 7 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 17 of 26  1 (((26))) (32) "Short line railroad" means those railroad lines 2 designated class II or class III by the United States surface 3 transportation board. 4 (((27))) (33) "Townhouses" means dwelling units constructed in a 5 row of two or more attached units where each dwelling unit shares at 6 least one common wall with an adjacent unit and is accessed by a 7 separate outdoor entrance. 8 (34) "Urban governmental services" or "urban services" include 9 those public services and public facilities at an intensity 10 historically and typically provided in cities, specifically including 11 storm and sanitary sewer systems, domestic water systems, street 12 cleaning services, fire and police protection services, public 13 transit services, and other public utilities associated with urban 14 areas and normally not associated with rural areas. 15 (((28))) (35) "Urban growth" refers to growth that makes 16 intensive use of land for the location of buildings, structures, and 17 impermeable surfaces to such a degree as to be incompatible with the 18 primary use of land for the production of food, other agricultural 19 products, or fiber, or the extraction of mineral resources, rural 20 uses, rural development, and natural resource lands designated 21 pursuant to RCW 36.70A.170. A pattern of more intensive rural 22 development, as provided in RCW 36.70A.070(5)(d), is not urban 23 growth. When allowed to spread over wide areas, urban growth 24 typically requires urban governmental services. "Characterized by 25 urban growth" refers to land having urban growth located on it, or to 26 land located in relationship to an area with urban growth on it as to 27 be appropriate for urban growth. 28 (((29))) (36) "Urban growth areas" means those areas designated 29 by a county pursuant to RCW 36.70A.110. 30 (((30))) (37) "Very low-income household" means a single person, 31 family, or unrelated persons living together whose adjusted income is 32 at or below fifty percent of the median household income adjusted for 33 household size, for the county where the household is located, as 34 reported by the United States department of housing and urban 35 development. 36 (((31))) (38) "Wetland" or "wetlands" means areas that are 37 inundated or saturated by surface water or groundwater at a frequency 38 and duration sufficient to support, and that under normal 39 circumstances do support, a prevalence of vegetation typically 40 adapted for life in saturated soil conditions. Wetlands generally p. 8 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 18 of 26  1 include swamps, marshes, bogs, and similar areas. Wetlands do not 2 include those artificial wetlands intentionally created from 3 nonwetland sites, including, but not limited to, irrigation and 4 drainage ditches, grass-lined swales, canals, detention facilities, 5 wastewater treatment facilities, farm ponds, and landscape amenities, 6 or those wetlands created after July 1, 1990, that were 7 unintentionally created as a result of the construction of a road, 8 street, or highway. Wetlands may include those artificial wetlands 9 intentionally created from nonwetland areas created to mitigate 10 conversion of wetlands. 11 NEW SECTION. Sec. 3. A new section is added to chapter 36.70A 12 RCW to read as follows: 13 (1) Any city that is required or chooses to plan under RCW 14 36.70A.040 must provide by ordinance and incorporate into its 15 development regulations, zoning regulations, and other official 16 controls, authorization for the following: 17 (a) For cities with a population of at least 25,000 but less than 18 75,000 based on office of financial management population estimates: 19 (i) The development of at least two units per lot on all lots 20 zoned predominantly for residential use; 21 (ii) The development of at least four units per lot on all lots 22 zoned predominantly for residential use within one-half mile walking 23 distance of a major transit stop or community amenity; and 24 (iii) The development of at least four units per lot on all lots 25 zoned predominantly for residential use if at least one unit is 26 affordable housing. 27 (b) For cities with a population of at least 75,000, or any city 28 within a contiguous urban growth area with a city with a population 29 above 200,000, based on office of financial management population 30 estimates: 31 (i) The development of at least four units per lot on all lots 32 zoned predominantly for residential use; 33 (ii) The development of at least six units per lot on all lots 34 zoned predominantly for residential use within one-half mile walking 35 distance of a major transit stop or community amenity; and 36 (iii) The development of at least six units per lot on all lots 37 zoned predominantly for residential use if at least two units are 38 affordable housing. p. 9 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 19 of 26  1 (2) To qualify for the additional units allowed under subsection 2 (1) of this section, the applicant must commit to renting or selling 3 the required number of units as affordable housing. The units must be 4 maintained as affordable for a term of at least 50 years, and the 5 property must satisfy that commitment and all required affordability 6 and income eligibility conditions adopted by the local government 7 under this chapter. The square footage of the units dedicated as 8 affordable must be equal to the average square footage of the market 9 rate units on the same lot. A city must require the applicant to 10 record a covenant or deed restriction that ensures the continuing 11 rental of units subject to these affordability requirements 12 consistent with the conditions in chapter 84.14 RCW for a period of 13 no less than 50 years. The covenant or deed restriction must also 14 address criteria and policies to maintain public benefit if the 15 property is converted to a use other than which continues to provide 16 for permanently affordable low-income housing. 17 (3) Any combination of middle housing types must be allowed to 18 achieve the unit density required in subsection (1) of this section. 19 (4) Any city subject to the requirements of this section: 20 (a) May only adopt objective development and design standards on 21 the development of middle housing; 22 (b) May only apply administrative design review; 23 (c) Except as provided in (a) of this subsection, shall not 24 require through development regulations any standards for middle 25 housing that are more restrictive than those required for detached 26 single-family residences; 27 (d) Shall apply to middle housing the same development permit and 28 environmental review processes that apply to detached single-family 29 residences, unless otherwise required by state law including, but not 30 limited to, shoreline regulations under chapter 90.58 RCW, building 31 codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, 32 or electrical codes under chapter 19.28 RCW; 33 (e) Shall not require off-street parking as a condition of 34 permitting development of middle housing within one-half mile walking 35 distance of a major transit stop; 36 (f) Shall not require more than one off-street parking space per 37 unit as a condition of permitting development of middle housing on 38 lots smaller than 6,000 square feet; and p. 10 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 20 of 26  1 (g) Shall not require more than two off-street parking spaces per 2 unit as a condition of permitting development of middle housing on 3 lots greater than 6,000 square feet. 4 (5) The provisions of subsection (4)(e) through (g) of this 5 section do not apply if the city or county makes a determination, 6 supported by empirical evidence and best practices in a study that is 7 prepared by a credentialed transportation or land use planning 8 expert, that the lack of minimum parking requirements in a defined 9 area would make on-street parking infeasible or unsafe for the 10 authorized units. The department must develop guidance to assist 11 cities on items to include in the study. 12 (6) The provisions of this section do not apply to lots 13 designated with critical areas or their buffers as designated in RCW 14 36.70A.060. 15 (7) Nothing in this section prohibits a city from permitting 16 detached single-family residences. 17 (8) A city must comply with the requirements of this section on 18 the latter of: 19 (a) Six months after its next periodic comprehensive plan update 20 required under RCW 36.70A.130; or 21 (b) 12 months after a determination by the office of financial 22 management that the city has reached a population threshold 23 established under this section. 24 NEW SECTION. Sec. 4. A new section is added to chapter 36.70A 25 RCW to read as follows: 26 Population associated with permits for middle housing units are 27 exempt from the threshold of an office of financial management 28 population projection to a county or a county population allocation 29 to a city. 30 NEW SECTION. Sec. 5. A new section is added to chapter 36.70A 31 RCW to read as follows: 32 (1)(a) The department is directed to provide technical assistance 33 to cities as they implement the requirements under section 3 of this 34 act. 35 (b) The department shall prioritize such technical assistance to 36 cities demonstrating the greatest need. p. 11 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 21 of 26  1 (2)(a) The department shall publish model middle housing 2 ordinances no later than six months following the effective date of 3 this section. 4 (b) In any city subject to section 3 of this act that has not 5 passed ordinances, regulations, or other official controls within the 6 time frames provided under section 3(8) of this act, the model 7 ordinance supersedes, preempts, and invalidates local development 8 regulations until the city takes all actions necessary to implement 9 section 3 of this act. 10 (3)(a) The department is directed to establish a process by which 11 cities implementing the requirements of section 3 of this act may 12 seek approval of alternative local action necessary to meet the 13 requirements of this act. 14 (b) The department may approve actions for cities that have, by 15 the effective date of this section, adopted a comprehensive plan and 16 development regulations that are substantially similar to the 17 requirements of this act. In determining whether a city's adopted 18 comprehensive plan and permanent development regulations are 19 substantially similar, the department must view favorably plans and 20 regulations that authorize an overall increase in density throughout 21 the city in units allowed per single-family lot that is at least 75 22 percent of the overall single-family density throughout the city in 23 units allowed per lot, if the specific provisions of this act were 24 adopted. 25 (c) Any local actions approved by the department pursuant to (a) 26 of this subsection to implement the requirements under section 3 of 27 this act are exempt from appeals under this chapter and chapter 28 43.21C RCW. 29 (d) The department's final decision to approve or reject actions 30 by cities implementing section 3 of this act may be appealed to the 31 growth management hearings board by filing a petition as provided in 32 RCW 36.70A.290. 33 NEW SECTION. Sec. 6. A new section is added to chapter 36.70A 34 RCW to read as follows: 35 Any city subject to the requirements of section 3 of this act may 36 apply to the department for, and the department may certify, an 37 extension for areas at risk of displacement as determined by the 38 antidisplacement analysis that a jurisdiction is required to complete 39 under RCW 36.70A.070(2). The city must create a plan for implementing p. 12 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 22 of 26  1 antidisplacement policies by their next implementation progress 2 report required by RCW 36.70A.130(9). 3 Sec. 7. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to 4 read as follows: 5 (1) The growth management hearings board shall hear and determine 6 only those petitions alleging either: 7 (a) That, except as provided otherwise by this subsection, a 8 state agency, county, or city planning under this chapter is not in 9 compliance with the requirements of this chapter, chapter 90.58 RCW 10 as it relates to the adoption of shoreline master programs or 11 amendments thereto, or chapter 43.21C RCW as it relates to plans, 12 development regulations, or amendments, adopted under RCW 36.70A.040 13 or chapter 90.58 RCW. Nothing in this subsection authorizes the board 14 to hear petitions alleging noncompliance with RCW 36.70A.5801; 15 (b) That the twenty-year growth management planning population 16 projections adopted by the office of financial management pursuant to 17 RCW 43.62.035 should be adjusted; 18 (c) That the approval of a work plan adopted under RCW 19 36.70A.735(1)(a) is not in compliance with the requirements of the 20 program established under RCW 36.70A.710; 21 (d) That regulations adopted under RCW 36.70A.735(1)(b) are not 22 regionally applicable and cannot be adopted, wholly or partially, by 23 another jurisdiction; ((or)) 24 (e) That a department certification under RCW 36.70A.735(1)(c) is 25 erroneous; or 26 (f) That the department's final decision to approve or reject 27 actions by a city implementing section 3 of this act is erroneous. 28 (2) A petition may be filed only by: (a) The state, or a county 29 or city that plans under this chapter; (b) a person who has 30 participated orally or in writing before the county or city regarding 31 the matter on which a review is being requested; (c) a person who is 32 certified by the governor within sixty days of filing the request 33 with the board; or (d) a person qualified pursuant to RCW 34.05.530. 34 (3) For purposes of this section "person" means any individual, 35 partnership, corporation, association, state agency, governmental 36 subdivision or unit thereof, or public or private organization or 37 entity of any character. 38 (4) To establish participation standing under subsection (2)(b) 39 of this section, a person must show that his or her participation p. 13 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 23 of 26  1 before the county or city was reasonably related to the person's 2 issue as presented to the board. 3 (5) When considering a possible adjustment to a growth management 4 planning population projection prepared by the office of financial 5 management, the board shall consider the implications of any such 6 adjustment to the population forecast for the entire state. 7 The rationale for any adjustment that is adopted by the board 8 must be documented and filed with the office of financial management 9 within ten working days after adoption. 10 If adjusted by the board, a county growth management planning 11 population projection shall only be used for the planning purposes 12 set forth in this chapter and shall be known as the "board adjusted 13 population projection." None of these changes shall affect the 14 official state and county population forecasts prepared by the office 15 of financial management, which shall continue to be used for state 16 budget and planning purposes. 17 NEW SECTION. Sec. 8. A new section is added to chapter 36.70A 18 RCW to read as follows: 19 (1) Any city subject to the requirements under section 3 of this 20 act may apply to the department for, and the department may certify, 21 an extension of the implementation timelines established under 22 section 3(8) of this act. 23 (2) An extension certified under this section may be applied only 24 to specific areas where a city can demonstrate that water, sewer, or 25 stormwater services lack capacity to accommodate the density required 26 in section 3 of this act, and the city has: 27 (a) Included an improvement within its capital facilities plan to 28 increase capacity; or 29 (b) Identified which special district is responsible for 30 providing the necessary infrastructure, if the infrastructure is 31 provided by a special purpose district. 32 (3) An extension granted under this section remains in effect 33 until the earliest of: 34 (a) The infrastructure is improved to accommodate the capacity; 35 (b) The city completes its next periodic comprehensive plan 36 update under RCW 36.70A.130; or 37 (c) The city submits its implementation progress report to the 38 department as required under RCW 36.70A.130(9). p. 14 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 24 of 26  1 (4) A city that has received an extension under this section may 2 reapply for any needed extension with its next periodic comprehensive 3 plan update under RCW 36.70A.130 or its implementation progress 4 report to the department under RCW 36.70A.130(9). The application for 5 an additional extension must include a list of infrastructure 6 improvements necessary to meet the capacity required in section 3 of 7 this act. 8 (5) The department may establish by rule any standards or 9 procedures necessary to implement this section. 10 (6) The department must provide the legislature with a list of 11 projects identified in a city's capital facilities plan that were the 12 basis for the extension under this section, including planning level 13 estimates. Additionally, the city must contact special purpose 14 districts to identify additional projects associated with extensions 15 under this section. 16 (7) A city granted an extension for a specific area must allow 17 development as provided under section 3 of this act if the developer 18 commits to providing the necessary water, sewer, or stormwater 19 infrastructure. 20 Sec. 9. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to 21 read as follows: 22 (1) Adoption of ordinances, development regulations and 23 amendments to such regulations, and other nonproject actions taken by 24 a city to implement: The actions specified in section 2, chapter 246, 25 Laws of 2022 unless the adoption of such ordinances, development 26 regulations and amendments to such regulations, or other nonproject 27 actions has a probable significant adverse impact on fish habitat; 28 and the increased residential building capacity actions identified in 29 RCW 36.70A.600(1), with the exception of the action specified in RCW 30 36.70A.600(1)(f), are not subject to administrative or judicial 31 appeals under this chapter. 32 (2) Amendments to development regulations and other nonproject 33 actions taken by a city to implement the requirements under section 3 34 of this act pursuant to section 5(3)(b) of this act are not subject 35 to administrative or judicial appeals under this chapter. 36 NEW SECTION. Sec. 10. A new section is added to chapter 36.70A 37 RCW to read as follows: p. 15 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 25 of 26  1 A city that adopts development regulations that are consistent 2 with and implement this act and RCW 35A.21.430 or 35.21.683 shall be 3 deemed in compliance with the requirements of RCW 36.70A.070(2)(d) 4 until June 30, 2032. 5 NEW SECTION. Sec. 11. A new section is added to chapter 64.34 6 RCW to read as follows: 7 A declaration created after the effective date of this section 8 and applicable to an area within a city subject to the middle housing 9 requirements in section 3 of this act may not actively or effectively 10 prohibit the construction, development, or use of additional housing 11 units as required in section 3 of this act. 12 NEW SECTION. Sec. 12. A new section is added to chapter 64.32 13 RCW to read as follows: 14 A declaration created after the effective date of this section 15 and applicable to an association of apartment owners located within 16 an area of a city subject to the middle housing requirements in 17 section 3 of this act may not actively or effectively prohibit the 18 construction, development, or use of additional housing units as 19 required in section 3 of this act. 20 NEW SECTION. Sec. 13. A new section is added to chapter 64.38 21 RCW to read as follows: 22 Governing documents of associations within cities subject to the 23 middle housing requirements in section 3 of this act that are created 24 after the effective date of this section may not actively or 25 effectively prohibit the construction, development, or use of 26 additional housing units as required in section 3 of this act. 27 NEW SECTION. Sec. 14. A new section is added to chapter 64.90 28 RCW to read as follows: 29 Declarations and governing documents of a common interest 30 community within cities subject to the middle housing requirements in 31 section 3 of this act that are created after the effective date of 32 this section may not actively or effectively prohibit the 33 construction, development, or use of additional housing units as 34 required in section 3 of this act. --- END --- p. 16 SHB 1110 3. Legislative Update Led by: Planning Commissioner, Thorn Ward Page 26 of 26