SB 5818 — Promoting housing construction in cities through amendments to and limiting appeals under the state environmental policy act and growth management act.

S-4173.1S-3463.1 SUBSTITUTE SENATE BILL 5818 State of Washington 67th Legislature 2022 Regular Session By Senate Housing & Local Government (originally sponsored by Senators Salomon, Liias, Kuderer, Saldaña, and Short)Short READRead FIRSTfirst TIMEtime 02/02/22.01/11/22.

Referred to Committee on Housing & Local Government.

amending RCW 36.70A.600, 36.70A.070, 43.21C.495, 43.21C.501, and 43.21C.501;4.84.370;

adding a new section to chapter 43.21C RCW;

(b) Authorize development in one or more areas of not fewer than two hundred acres in cities with a population greater than forty thousand or not fewer than one hundred acres in cities with a population less than forty thousand that include at least one bus p.

1 SSBSB 5818 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;

2 SSBSB 5818 hundred square feet and single-family residences may be no larger than one thousand two hundred square feet;

3 SSBSB 5818 (i) Density bonuses;

4 SSBSB 5818 (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;

5 SSBSB 5818 department may award, more than one hundred thousand dollars for applications that demonstrate extraordinary potential to increase housing supply or regulatory streamlining.

6 SSBSB 5818 groundwater used for public water supplies.

7 SSBSB 5818 (iv) Consideration of the role of accessory dwelling units in meeting housing needs;

The adoption of ordinances and amendments to development regulations ortaken amendments by a city that is required or chooses to plan under RCW 36.70A.040 thatto increaseimplement housingthe capacity,actions increasespecified housingin affordability, and mitigate displacement as required under this subsection (2) and that apply outside of critical areas are not subject to environmental or judicial review under this chapter or administrative or judicial appeal under chapter 43.21C RCW.

(d) at least a six-year plan that will finance such p.capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes;

8 SSB 5818 capital facilities within projected funding capacities and clearly(e) identifiesa sourcesp. of public money for such purposes;

and8 (e)SB a5818 requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent.

p.(iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and groundwater resources;

9 SSB 5818 (iv) Protecting critical areas, as provided in RCW 36.70A.060, and surfacep. water and groundwater resources;

and9 SB 5818 (v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.

(iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural p.

10 SSBSB 5818 industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents.

or (C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county p.

11 SSBSB 5818 (C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5).

The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only p.connection to the mainland are state highways or ferry routes.

12In SSBthese 5818island connectioncounties, to the mainland are state highways orand ferry routes.route capacity must p.

In12 theseSB island5818 counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection;

(b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the p.

13 SSBSB 5818 development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development.

p.Sec.

14 SSB 5818 Sec.

((Ifp. adopted by April 1, 2023, amendments)) Amendments to development regulations and other nonproject actions taken by a city to implement:

14 SB 5818 ((If adopted by April 1, 2023, amendments)) Amendments to development regulations and other nonproject actions taken by a city to implement:

(((2))) (b) The exemption under this subsection (2) does not apply if the department of transportation has found that the project p.will present significant adverse impacts to the state-owned transportation system.

15p. SSB 5818 will present significant adverse impacts to the state-owned transportation system.

(3)(a)15 SB 5818 (3) Aesthetics.

(b)For Lightpurposes andof glare.this subsection, "design review" means a formally adopted local government process by which projects are reviewed for compliance with design standards for the type of use adopted through local ordinance.

A(4) projectFor actionpurposes pertainingof to residential, multifamily, or mixed-use development evaluated under this chaptersection, by"impacts ato citytransportation orelements town planning under RCW 36.70A.040 is exempt from appeals under this chapter on the basis of the evaluationenvironment" ofinclude or impacts to thetransportation lightsystems; and glare element of the environment, so long as the project is subject to design review pursuant to adopted design review requirements at the local government level.

(4) For purposes of this section((, "impacts)):

(a) "Design review" means a formally adopted local government process by which projects are reviewed for compliance with design standards for the type of use adopted through local ordinance.

(b) "Impacts to transportation elements of the environment" include impacts to transportation systems;