HB 2321 — Modifying middle housing requirements and the definitions of transit stop.

ENGROSSEDH-2552.1 SUBSTITUTE HOUSE BILL 2321 State of Washington 68th Legislature 2024 Regular Session By House Housing (originally sponsored by Representatives Bateman, Barkis, Duerr, Reed, and Pollet)Pollet READRead FIRSTfirst TIMEtime 01/26/24.01/11/24.

Referred to Committee on Housing.

amending RCW 36.70A.635;36.70A.635, 36.70A.620, and 36.70A.696;

1 ESHBHB 2321 bike lanes, shared-use paths, and other facilities in the public right-of-way.

2 ESHBHB 2321 (9) "Cottage housing" means residential units on a lot with a common open space that either:

3 ESHBHB 2321 national origin, or income with respect to development, implementation, and enforcement of environmental laws, regulations, and policies.

4 ESHBHB 2321 residential, or industrial development consistent with public health or safety concerns.

or (d) Stops on bus rapid transit routes,routes. including those stops that are under construction.

5 ESHBHB 2321 triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.

6 ESHBHB 2321 (33) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

7 ESHBHB 2321 associated with urban areas.

8 ESHBHB 2321 (46) "Very low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below fifty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development.

9 ESHBHB 2321 Sec.

10 ESHBHB 2321 (2)(a) To qualify for the additional units allowed under subsection (1) of this section, the applicant must commit to renting or selling the required number of units as affordable housing.

11 ESHBHB 2321 (i) Any areas within the city for which the department has certified an extension of the implementation timelines under RCW 36.70A.637 due to the risk of displacement;

(iii) Any lots,lots parcels, and tracts designated with critical areas or their buffers that are exempt from the density requirements as provided in subsection (8) of this section;

12 ESHBHB 2321 (a) If applying design review for middle housing, only administrative design review shall be required;

13 ESHBHB 2321 pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses.

(a) ((Lots)) Portions of alots lot, parcel, or tract designated with critical areas designated under RCW 36.70A.170 or their buffers as required by RCW 36.70A.170, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met;

14 ESHBHB 2321 2023 until the first periodic comprehensive plan update required for the city under RCW 36.70A.130(5) that occurs on or after June 30, 2034.

(13) Until June 30, 2026, for cities subject to a growth target adopted under RCW 36.70A.210 that limit the maximum residential capacity of the jurisdiction, any additional residential capacity required by this section for lots,lots parcels, and tracts with critical areas or critical area buffers outside of critical areas or their buffers may not be considered an inconsistency with the countywide planning policies, multicounty planning policies, or growth targets adopted under RCW 36.70A.210.

(14) For the purposes of this section, "major transit stop" means:

(a) A major transit stop as defined under RCW 36.70A.030;

and (b) Any future stop on a bus rapid transit route funded for development and projected for construction within an applicable six- year transit plan under RCW 35.58.2795.

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3.

RCW 36.70A.620 and 2020 c 173 s 3 are each amended to read as follows:

In counties and cities planning under RCW 36.70A.040, minimum residential parking requirements mandated by municipal zoning 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 major transit stop ((that receives transit service at least two 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 p.

15 HB 2321 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 major 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.

(3) For market rate multifamily housing units that are located within one-quarter mile of a major transit stop ((that receives transit service from at least one route that provides 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 or county 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.

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