HB 2570 — Managing growth by planning and zoning for accessory dwelling units.

H-4483.2SUBSTITUTEH-3393.3HOUSE HOUSE BILL 2570State of Washington66th Legislature2020 Regular SessionByHouseSessionByRepresentatives Environment & Energy (originally sponsored by Representatives Gregerson, Barkis, Ryu, Goodman, Peterson, Fitzgibbon, Walsh, Thai, Corry, Macri, Robinson, Gildon, Doglio, Jenkin, Hudgins, Hoff, Frame, Lekanoff, Kloba, Leavitt, Irwin, Bergquist, Davis, Walen, Tharinger, Cody, and Ormsby)READOrmsbyRead FIRSTfirst TIMEtime 02/07/20.AN01/15/20.Referred to Committee on Environment & Energy.AN ACT Relating to managing growth by planning and zoning for accessory dwelling units;

amending RCW 43.21C.495, 35.63.210, 35A.63.230, 36.70A.400, 43.63A.215, and 36.70.677;36.70A.400;

and creating a new section.BEsection; IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

and repealing RCW 36.70.677 and 43.63A.215.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

They promote energy efficiency compared with average size single-detached houses, and incentivizeincentivise adaptive reuse of existing homes and materials.(c) Siting accessory dwelling units near transit hubs and near public amenities can help to reduce greenhouse gas emissions by increasing walkability, shortening household commutes, and limiting sprawl.(d) Accessory dwelling units can meet the needs of Washington's growing senior population, making it possible for this population to age in their communities by offering senior-friendly housing, which prioritizes physical accessibility, in walkable communities near amenities essential to successful aging in place, including transit and grocery stores, without requiring costly renovations of existing housing stock.(e) Washington state is experiencing a housing affordability crisis.

A new section is added to chapter 36.70A RCW to read as follows:The definitions in this section apply throughout sections 3, 4, and 5 of this act unless the context clearly requires otherwise.(1) "Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit.(2) "Attached accessory dwelling unit" means an accessory dwelling unit located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit.(3) "Covered cities" means all cities, code cities, and towns located in a county planning under RCW 36.70A.040 and that had a population of at least two thousand five hundred, as determined by the office of financial management.(4) "Covered counties" means all counties planning under 36.70A.040 that have a population of at least fifteen thousand, as determined by the office of financial management.(5) "Detached accessory dwelling unit" means an accessory dwelling unit that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit.(6) "Dwelling unit" means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.(7) "Gross floor area" means the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure.(8)(a)structure.NEW "Short-term rental"SECTION.  Sec. means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than thirty consecutive nights.(b) "Short-term rental" does not include any of the following:(i) A dwelling unit that is occupied by the owner for at least six months during the calendar year and in which fewer than three rooms are rented at any time;(ii) A dwelling unit, or portion thereof, that is used by the same person for thirty or more consecutive nights;

or(iii) A dwelling unit, or portion thereof, that is operated by an organization or government entity that is registered as a charitable organization with the secretary of state, state of Washington, or classified by the federal internal revenue service as a public charity or a private foundation, and provides temporary housing to individuals who are being treated for trauma, injury, or disease, or their family members.NEW SECTION.  Sec.

A new section is added to chapter 36.70A RCW to read as follows:Through ordinances, development regulations, and other official controls adopted or amended as required by section 3 of this act, covered cities and covered counties:(1)counties:(1)(a) Must allow at least one accessory dwelling unit on all lots that are located in all zoning districts that allow for single-family homes;

the accessory dwelling units allowed under this subsection (1)(1)(a) may be either attached accessory dwelling units or detached accessory dwelling units;

if the unit is a detached accessory dwelling unit, the lot must be at least three thousand five-hundred square feet;(2)(a)feet.(b) ExceptMay as provided in (b) of this subsection, may not establish a requirement for the provision of off-street parking for accessory dwelling units;(b)units;(c) May require one additional parking spot on lots with accessory dwelling units located on a property located no closer than one-half mile to a major transit stop as defined in RCW 43.21C.420(3) if the city or county determines that the particular housing unit is 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 units;(3) May not require the owner of a lot on which there is an accessory dwelling unit to reside in or occupy the accessory dwelling unit or another housing unit on the same lotlot, unless the owner owns more than five accessory dwelling units within the same county or the accessory dwelling unit is used as a short-term rental, and may not require a period of continuous ownership before permitting construction of an accessory dwelling unit on a lot;(4)lot;(d) May not charge permitting and plan review fees under chapter 19.27 RCW for accessory dwelling units that exceed fifty percent of the fees charged for single-family residences;(5)residences;(e) May not establish an impact fee amount for accessory dwelling units that is greater than fifty percent of the amount set for single-family residences;

and(6)and(f)(i) May onlynot authorizerequire chargesinstallation that:(a)of Area proportionatenew toor theseparate burdenutility ofconnection thebetween proposedan accessory dwelling unit,unit basedand ona itsutility sizeunless the jurisdiction finds that the site-specific technical, environmental, or numberfinancial considerations warrant a separation of plumbingutility fixtures,connections uponfor theaccessory waterdwelling orunits sewerfrom system;(b)other Dohousing notunits exceedon the reasonablelot;(ii) costMay ofnot providingconsider attached accessory dwelling units to be new residential uses for the service;purpose of calculating connection fees or capacity charges for utilities;

and(c)and(iii) AreMay notrequire inconsistenta withnew wateror availabilityseparate requirements,utility waterconnection systemdirectly plans,between smallan wateraccessory systemdwelling managementunit plans,and a utility and may subject the connection to a connection fee or establishedcapacity policiescharge adoptedthat bymust:(A) Be proportionate to the burden of the proposed accessory dwelling unit, based on its size or number of plumbing fixtures, upon the water or sewer utilitysystem;(B) provider.NEWNot SECTION.  Sec.exceed the reasonable cost of providing the service;

and(C) Not be inconsistent with water availability requirements, water system plans, small water system management plans, or established policies adopted by the water or sewer utility provider;

and(2) Must achieve at least three of the following five policy outcomes that apply in all zoning districts that allow for single-family homes:(a) Allow at least two accessory dwelling units on all lots on which there is a single-family housing unit, duplex, triplex, fourplex, rowhouse, townhome, or apartment building, regardless of zoning district;

the two accessory dwelling units may be in any of the following configurations:(i) One attached accessory dwelling unit and one detached accessory dwelling unit;(ii) Two attached accessory dwelling units;

or(iii) Two detached accessory dwelling units, which may be comprised of either one or two detached structures;(b) Do not establish a maximum gross floor area requirement for accessory dwelling units that is less than one thousand square feet;(c) Do not establish a roof height limitation on accessory dwelling units of less than twenty-four feet;(d) Adopt model accessory dwelling unit architectural plans that are preapproved for public use under some or all local building and environmental permitting requirements;

or(e) Allow detached accessory dwelling units to be sited at the lot line of the rear yard if the rear yard is adjacent to an alley.NEW SECTION.  Sec.

A new section is added to chapter 36.70A RCW to read as follows:Covered cities and counties are encouraged, but not required, to adopt ordinances, development regulations, and other official controls that:(1) Do not require impact fees under chapter 82.02 RCW for accessory dwelling units;(2) Do not establish tree retention requirements for accessory dwelling units that are in addition to any tree retention requirements for single-family housing units;(3) Do not prohibit the sale or other conveyance of a condominium unit solely on the grounds that the unit was originally built as an accessory dwelling unit;(4) Require an accessory dwelling unit to be accessible to fire department apparatus by way of a public street or approved fire apparatus access;(5) Do not establish a minimum gross floor area requirement for accessory dwelling units that is greater than two hundred square feet;(6) Do not establish a limit for the percent of the rear yard that an accessory dwelling unit may cover that is less than sixty percent of the rear yard;(7) Do not establish setback regulations that are more restrictive than for single-family housing units;(8) Do not require that the exterior design or appearance of an accessory dwelling unit be similar to the exterior design or appearance of the principal housing unit, including through regulations that require an accessory dwelling unit to have similar roof pitch, siding, or windows as the primary housing unit;(9) Do not count the gross floor area of an accessory dwelling unit against any floor area ratio limitations that apply to single-family or other primary housing units;(10) Allow detached accessory dwelling units to be sited within five feet of a lot line if there is written approval from the property owner with whom the lot line is shared on file in the jurisdiction in which the detached accessory dwelling unit is located;(11)located; Do not regulate the location of the entry doors of accessory dwelling units;(12) Allow at least two accessory dwelling units on all lots on which there is a single-family housing unit, duplex, triplex, fourplex, rowhouse, townhome, or apartment building, regardless of zoning district;

theand(11) twoDo accessorynot dwellingregulate unitsthe maylocation be in any of the followingentry configurations:(a)doors Oneof attached accessory dwelling unitunits.Sec. and one detached accessory dwelling unit;(b) Two attached accessory dwelling units;

or(c) Two detached accessory dwelling units, which may be comprised of either one or two detached structures;(13) Do not establish a maximum gross floor area requirement for accessory dwelling units that is less than one thousand square feet;(14) Do not establish a roof height limitation on accessory dwelling units of less than twenty-four feet;(15) Adopt model accessory dwelling unit architectural plans that are preapproved for public use under some or all local building and environmental permitting requirements;(16) Allow detached accessory dwelling units to be sited at the lot line of the rear yard if the rear yard is adjacent to an alley;

and(17) Are identical to all or some of the model ordinances developed by the department of commerce under RCW 43.63A.215 after July 1, 2022.Sec.

RCW 36.70A.400 and 1993 c 478 s 11 are each amended to read as follows:Any ((local government))coveredgovernment))city city or county, as defined in ((RCW 43.63A.215))section 2 of this act, that is planning under this chapter shall comply with ((RCW 43.63A.215(3)))sections 3 and 4 of this act.Sec.act.NEW SECTION.  Sec.

RCWThe 43.63A.215following andacts 1993or cparts 478of sacts 7 are each amendedrepealed:(1) to read as follows:(1) The department shall, in consultation with the affordable housing advisory board created in RCW 43.185B.020,36.70.677 report(Accessory toapartments) the legislature on the development and placement1993 ofc accessory478 apartments.s 10;

Theand(2) departmentRCW shall43.63A.215 produce(Accessory aapartments—Development writtenand reportplacement—Local bygovernments) Decemberand 15,1993 1993,c which:(a)478 Identifiess local7.--- governmentsEND that--- allow the siting of accessory apartments in areas zoned for single-family residential use;

and(b) Makes recommendations to the legislature designed to encourage the development and placement of accessory apartments in areas zoned for single-family residential use.(2) The recommendations made under subsection (1) of this section shall not take effect before ninety days following adjournment of the 1994 regular legislative session.(3) ((Unless provided otherwise by the legislature, by December 31, 1994, local))Local governments shall incorporate in their development regulations, zoning regulations, or official controls the recommendations contained in subsection (1) of this section.

The accessory apartment provisions shall be part of the local government's development regulation, zoning regulation, or official control.

To allow local flexibility, the recommendations shall be subject to such regulations, conditions, procedures, and limitations as determined by the local legislative authority.(4) By December 15, 2021, the department of commerce must update the model accessory dwelling unit ordinance recommendations required under this section and published in January 1994.

Upon publication, the updated model ordinance recommendations supersede the recommendations published in January 1994, for purposes of subsection (3) of this section.

The recommendations made under this subsection shall not take effect before May 1, 2022.(5) As used in this section, "local government" means((:(a) A city or code city with a population that exceeds twenty thousand;(b) A county that is required to or has elected to plan under the state growth management act;

and(c) A county with a population that exceeds one hundred twenty-five thousand))a covered city or covered county as defined in section 2 of this act.Sec.

11.

RCW 36.70.677 and 1993 c 478 s 10 are each amended to read as follows:Any local government, as defined in RCW 43.63A.215, that is planning under this chapter shall comply with RCW 43.63A.215 (3) and (4).NEW SECTION.  Sec.

12.

A new section is added to chapter 36.70A RCW to read as follows:Nothing in this act modifies or limits any rights or interests legally recorded in the governing documents of associations subject to chapter 64.32, 64.34, 64.38, or 64.90 RCW.--- END ---