HomeMy WebLinkAbout2025-03-26 Planning Board PacketAgenda
Edmonds Planning Board
SPECIAL MEETING
BRACKETT ROOM
121 5TH AVE N, CITY HALL - 3RD FLOOR, EDMONDS, WA 98020
MARCH 26, 2025, 6:00 PM
Edmonds Planning Board Agenda
March 26, 2025
Page 1
MEETING INFORMATION
This is a Hybrid meeting: The in-person portion of the meeting will now be at 7PM in the
Brackett Room on the 3rd floor of City Hall. Zoom Link below for those attending online.
Meeting Link:https://edmondswa-
gov.zoom.us/s/87322872194?pwd=WFdxTWJIQmxITG9LZkc3K0huS0l4QT09 Meeting ID: 873 2287
2194 Passcode:007978
Or Telephone : US:US: +1 253 215 8782
LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES
We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and
their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and
taken care of these lands. We respect their sovereignty, their right to self-determination, and we
honor their sacred spiritual connection with the land and water.
1. CALL TO ORDER
2. APPROVAL OF MINUTES
A. Previous Meeting Minutes
3. ANNOUNCEMENT OF AGENDA
4. AUDIENCE COMMENTS
5. ADMINISTRATIVE REPORTS
6. PUBLIC HEARINGS
7. UNFINISHED BUSINESS
A. Middle Housing Code Update: Key Issues
B. Recommendation on STEP Housing Code (File AMD2024-0006)
8. NEW BUSINESS
A. Residential Parking Code Updates (AMD2025-0005)
9. PLANNING BOARD EXTENDED AGENDA
A. Extended Agenda
10. PLANNING BOARD CHAIR COMMENTS
Edmonds Planning Board Agenda
March 26, 2025
Page 2
11. PLANNING BOARD MEMBER COMMENTS
12. ADJOURNMENT
13. GENERIC AGENDA ITEMS
Planning Board Agenda Item
Meeting Date: 03/26/2025
Previous Meeting Minutes
Staff Lead: Mike Clugston
Department: Planning Division
Prepared By: Michael Clugston
Background/History
N/A
Staff Recommendation
Approve the draft March 12, 2025 meeting minutes.
Narrative
N/A
Attachments:
3.12.25 draft PB minutes
2.A
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Planning Board Meeting Minutes
March 12, 2025 Page 1 of 3
DRAFT
CITY OF EDMONDS PLANNING BOARD
Minutes of Hybrid Meeting
March 12, 2025
Board Members Present
Lee Hankins, Chair
Jon Milkey, Vice Chair
Jeremy Mitchell
Lauren Golembiewski
George Bennett (alternate)
Judi Gladstone
Nick Maxwell
Steven Li
Board Members Absent
Isaac Fortin, Student Rep.
Staff Present
Mike Clugston, Planning Manager
Brad Shipley, Planning Division
Navyusha Pentakota, Planning & Development
1. CALL TO ORDER
Chair Hankins called the hybrid meeting of the Edmonds Planning Board to order at 6:02 p.m. at Edmonds City
Hall and on Zoom.
2. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES
The Land Acknowledgement was read by Jon Milkey.
3. ROLL CALL
Chair Hankins called the roll. All board members were present except Student Board Member Fortin.
4. ANNOUNCEMENT OF AGENDA
BOARD MEMBER GLADSTONE MADE A MOTION TO APPROVE THE AGENDA AS
ANNOUNCED. THE MOTION WAS SECONDED BY VICE CHAIR MILKEY AND PASSED
UNANIMOUSLY.
5. READING/APPROVAL OF MINUTES
BOARD MEMBER GLADSTONE MADE A MOTION TO APPROVE THE FEBRUARY 26, 2025
MINUTES. THE MOTION WAS SECONDED BY VICE CHAIR MILKEY AND PASSED
UNANIMOUSLY.
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Planning Board Meeting Minutes
March 12, 2025 Page 2 of 3
Chair Hankins advised that there would be a discussion of the current approach to the minutes with Mike
Clugston at the end of the meeting.
6. PUBLIC HEARINGS
None.
7. AUDIENCE COMMENTS
1. Scott Urquhart, 1016 Grandview Street, Edmonds, spoke regarding the North Bowl hub and
opposition to proposed changes to the building code in their neighborhood.
2. Rebekah Henderson, 1309 Olympic Avenue, Edmonds, spoke regarding their proposed hub.
3. John Allen, Puget Drive, Edmonds, spoke regarding the proposed 2024 Comp Plan's targeted
number of units.
4. Thyra Allen spoke regarding the interim ordinance impacting her as a homeowner.
5. Greg Brewer, 658 Maple, spoke regarding the impact to single-family homeowners' ability to
expand their properties.
6. Red Line (phonetic), Grandview, spoke regarding the Comprehensive Plan capacity
assumptions.
7. Linda Hood, 1031 Grandview Street, Edmonds, spoke regarding the size of Grandview Street
and the difficulty for ingress/egress.
8. Larry Williamson spoke regarding the issue of not expanding the footprint of single-family
homes in hubs and centers.
9. Deborah (no last name provided), a resident of the Five Corners area, spoke regarding the issues
impacting the hubs and centers.
8. ADMINISTRATIVE REPORTS
None.
9. UNFINISHED BUSINESS
A. Discussion of STEP Housing Draft Permanent Code (File AMD2024-0006)
Mike Clugston presented the current status of the draft. He is asking the board for a written recommendation
to Council supporting the language that's in the packet, and that they would like the Council to consider
removing the expectations language and possible other design standards. That could be put on the agenda for
next meeting. Board Chair Hankins stated that he would write the recommendation early next week for
inclusion into the packet for the next meeting.
B. NCH Code Update Discussion
Navyusha Pentakota presented the code updates, focusing on transition zone requirements and the flexibility of
expanding existing single-family. The latter topic, it was suggested by Mike Clugston, could be further
discussed at the next meeting with examples of what that would look like.
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Planning Board Meeting Minutes
March 12, 2025 Page 3 of 3
C. Design Review Code Update: Key Issues Discussion
Brad Shipley presented the design review code update to the board. He will provide the board members with
an email of nearby neighborhoods that comport with the design ideas being considered.
BOARD MEMBER GLADSTONE MADE A MOTION TO EXTEND THE MEETING FOR 15
MINUTES. THE MOTION WAS SECONDED BY BOARD MEMBER GOLEMBIEWSKI AND
APPROVED UNANIMOUSLY.
Brad advised that his goal is to have the draft completed by the end of the month or possibly the first week of
April.
10. NEW BUSINESS
None.
11. SUBCOMMITTEE REPORT
None.
12. PLANNING BOARD EXTENDED AGENDA
Reserve meeting is April 16th.
Minutes were discussed regarding which direction the board members would like to go, action minutes versus
summary minutes, perhaps summarize discussions in a paragraph or so.
13. PLANNING BOARD MEMBER COMMENTS
Board Member Gladstone mentioned that there was a lot more public comment tonight which does increase the
time of the meeting.
14. PLANNING BOARD CHAIR COMMENTS
Chair Hankins advised that all meeting times from here on out are starting at 6:00.
15. ADJOURNMENT:
The meeting was adjourned at 9:15 p.m.
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Planning Board Agenda Item
Meeting Date: 03/26/2025
Middle Housing Code Update: Key Issues
Staff Lead: Brad Shipley
Department: Planning Division
Prepared By: Brad Shipley
Background/History
State law mandates that cities adopt middle housing provisions by July 1, 2025, or within six months of
their periodic comprehensive plan update. Non-compliance results in pre-emption by the Department of
Commerce’s Model Housing Ordinance. Requirements include an expansion of housing types and
housing affordability levels, streamlined permitting processes, anti-displacement measures, and transit-
oriented development strategies.
Commerce has developed a number of resources to help cities implement middle housing. Among these
are the Middle Housing Toolkit of Objective Development & Design Standards and its accompanying User
Guide. These documents were provided as attachments to the February 26th Planning Board meeting
agenda and will serve as key references throughout the code update process.
The update will be implemented in three phases, the initial phase being the adoption of interim
emergency ordinances that were necessary to implement STEP Housing and development code to guide
neighborhood centers and hubs. Phase II concludes by July 1, 2025, focusing on immediate compliance
with state mandates, including middle housing. Phase III, ending December 31, 2025, will refine these
measures, ensuring alignment with goals and objectives of the Comprehensive Plan, and addressing any
state requirements due by end of 2025.
Staff Recommendation
No action is required. This meeting will focus on key issues that need to be addressed as staff continues
drafting code to implement middle housing. Topics will focus on middle housing building types and how
to regulate them.
The issues reviewed in this discussion are fundamental to shaping the direction and approach of staff’s
work. Staff is seeking general agreement from the Planning Board on the framework and scope for
Phase II updates, with consideration of how Phase III updates will be integrated.
Narrative
Tonight’s discussion focuses on key issues that will shape the development of Edmonds’ new middle
housing code, aligning with state legislation and city planning objectives. Staff are in the early stages of
drafting regulations to comply with HB 1110 and SB 5258, and this meeting is an opportunity to clarify
direction before finalizing the framework for Phase II updates.
7.A
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The goal is to ensure the Planning Board has a clear understanding of the scope, regulatory approach,
and decision points needed to move forward effectively.
Staff are reviewing updates across multiple sections of the Edmonds City Code (ECC) and Edmonds
Community Development Code (ECDC), including:
· Middle Housing Zoning (New Chapter)
· Subdivisions (Updates)
· Definitions (Updates)
· Impact Fees (Updates)
Key Issues for Discussion:
· Understanding middle housing building types and how to regulate them
Traditional single-family zoning applies relatively uniform standards for a single building type,
but middle housing requires regulation of multiple building types. Should regulations for middle
housing subdistricts be based on lot size categories and/or urban context, such as walkable
neighborhoods with proximity to mixed uses and transit? How do frontage and neighborhood
context affect how middle housing should be implemented?
· Level of Detail for Phase II vs. Phase III
Phase II must prioritize compliance, but how much detail should be included now versus
deferred for Phase III? Considerations include design standards, frontage requirements, and
code structure.
· Accessory Dwelling Units (ADUs) and Unit Density
ADUs are not required to be counted toward unit density. Should they be?
· Subdivisions
How subdivisions apply to middle housing.
Staff are seeking general agreement from the Planning Board on these foundational issues. Feedback
tonight will help refine the approach, ensuring a well-structured Phase II update while setting the stage
for additional refinements in Phase III. This discussion is critical in shaping Edmonds’ approach to middle
housing implementation, ensuring that regulations support housing diversity while maintaining
neighborhood character.
Attachments:
1. MiddleHousing_KeyIssues_PB_25.03.26
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2025
Development
Code Update
Middle Housing
Key Issues Discussion
Planning Board Meeting
March 26, 2025
Brad Shipley, Senior Planner
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Residential buildings that are compatible in scale, form,
and character with single-family houses
Contain two or more attached, stacked, or clustered
homes
WHAT
IS ‘MIDDLE HOUSING’?
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Source: Google Streetview
LOCAL
EXAMPLES OF
‘MIDDLE HOUSING’?Duplexes
4th Ave S
Built in 1992 Built in 2001
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Triplex
Sunset Ave N
Built in 1955
Source: Google Streetview
LOCAL
EXAMPLES OF
‘MIDDLE HOUSING’?
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5CITY OF EDMONDS Development Code Update
Source: Google Streetview
LOCAL
EXAMPLES OF
‘MIDDLE HOUSING’?
Triplex
8th Ave S
Built in 1954 Source: Google Streetview
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Fourplex
Daley St
Built in 1969
6CITY OF EDMONDS Development Code Update
Source: Google Streetview
Source: Google Streetview
LOCAL
EXAMPLES OF
‘MIDDLE HOUSING’?
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Stacked Flat Means dwelling units in a residential
building of no more than three stories on a
residential zoned lot in which each floor
may be separately rented or owned.
WHAT
IS ‘MIDDLE HOUSING’?
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Courtyard
Apartments
Means attached dwelling
units arranged on two or three
sides of a yard or court.
WHAT
IS ‘MIDDLE HOUSING’?
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HIGHLIGHTS
of the
‘Interim Ordinance’
Residential units on a lot with a common open
space that either:
(a)Is owned in common; or
(b)has units owned as condominium units with
property owned in common
and a minimum of 20 percent of the lot size as
open space.
WHAT
IS ‘MIDDLE HOUSING’?
Cottage
Housing
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Typical detached
houses
Typical Middle
Housing type
Middle Housing types
blend in with detached
houses due to similar form
and scale
Where does Middle Housing Fit?
Blended into Existing Neighborhoods
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As a transition between
lower-intensity
neighborhoods and higher-
intensity development
Typical
detached homes
Typical Middle
Housing types
Higher -intensity
residential and
m ixed -use
Where does Middle Housing Fit?
Blended into Existing Neighborhoods
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Typical
detached homes
Typical Middle
Housing types
Main Street with
corner store,
neighborhood
grocery, services,
etc.
As a transition between
lower-intensity
neighborhoods and mixed-
use corridors
Where does Middle Housing Fit?
Blended into Existing Neighborhoods
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HIGHLIGHTS
of the
‘Interim Ordinance’
REGULATING
‘MIDDLE HOUSING’
Middle Housing Toolkit
If the city wants to put the Middle Housing Toolkit
standards into effect, the city must:
•Adopt the standards and identify to which parcels
the standards apply.
•Many of these standards will also be applied to
detached homes in the same area.
•The toolkit provides overlay zones. These could
be applied as standards for distinct Low -Density
Residential subdistricts.
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HIGHLIGHTS
of the
‘Interim Ordinance’
REGULATING
‘MIDDLE HOUSING’
Middle Housing Toolkit : Overlay Zones
•The User Guide provides guidance for where to
apply each of the four overlay zones
•Each overlay zone in this Toolkit is intended to
enable Middle Housing in a range of single-family
environments.
•Each overlay zone defines its intended physical
character and has key standards that help
ensure new middle housing projects are
appropriate for specific areas.
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HIGHLIGHTS
of the
‘Interim Ordinance’
REGULATING
‘MIDDLE HOUSING’
Local Choice
Cities are not required to use the toolkit:
•In fact, some other cities in the region found the
regulations to be difficult to explain and opted to
take a more laissez-faire approach to regulation.
Cities could adopt portions of the toolkit:
•Most common approach. If adopted, the city
should modify some of the requirements, so they
are tailored to Edmonds’ needs and desires.
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HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW
OF OVERLAY ZONES
Four Overlay Zones Identified
•Each overlay zone was determined by looking at
the existing built form of cities in the Puget
Sound region and identifying common traits and
understanding its intended physical character.
•Qualitative information is provided to convey the
intent underlying the detailed standards.
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW
OF OVERLAY ZONES
Neighborhood Residential
Overlay Small 1 (NRO.S1)
Neighborhood Residential
Overlay.Small 2 (NRO.S2)
Intent
Desired Form:
House-Scale Buildings: Duplex
Stacked, Duplex Side-by -Side, Cottage
Housing, Triplexes, and Fourplexes
Detached Buildings
Up to 2.5 stories
Frontage Types: Porch Projecting,
Porch Engaged, and Dooryard
Uses allowed by underlying zoning
Intent
Desired Form:
House-Scale Buildings: Duplex
Stacked, Duplex Side-by -Side, Cottage
Housing, Triplexes, Fourplexes, and
Townhouses
Detached Buildings
Up to 2.5 stories
Frontage Types: Porch Projecting,
Porch Engaged, Dooryard, and Stoop
Uses allowed by underlying zoning
7.A.a
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Neighborhood Residential
Overlay Medium 1 (NRO.M1)
Neighborhood Residential
Overlay. Medium 2 (NRO.M2)
Intent
Desired Form:
House-Scale Buildings: Triplexes,
Fourplexes, Townhouses, Courtyards,
and Multiplexes
Detached Buildings
Up to 2.5 stories
Frontage Types: Porch Projecting,
Porch Engaged, Dooryard, and Stoop
Uses allowed by underlying zoning
Intent
Desired Form:
House-Scale-footprint Buildings:
Triplexes, Fourplexes, Townhouses,
Courtyards, and Multiplexes
Primarily Detached Buildings
Up to 3 stories
Frontage Types: Porch Projecting,
Porch Engaged, Dooryard, and Stoop
Uses allowed by underlying zoning
HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW
OF OVERLAY ZONES
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW
OF OVERLAY ZONES
Each overlay zone regulates and generates the
intended physical character through the following
topics:
•Intent: the intended physical character and
range of uses allowed by the underlying zoning;
•Building placement and Lot size: the minimum
building setbacks and requirements for façade
design and the associated minimum site
dimensions.
•Building footprint: the maximum overall building
dimensions.
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW
OF OVERLAY ZONES
Each overlay zone regulates and generates the
intended physical character through the following
topics:
•Frontages: the menu of allowed frontage types
required at building entries.
•Building form: the maximum overall building
height, minimum ground floor height, and
maximum building footprint (coverage);
•Parking: the required location and design
requirements for parking and vehicle access
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
:
KEY QUESTION:
SHOULD THE CITY USE
MODIFIED OVERLAY
ZONES OR ADAPT
EXISTING RS ZONE
SUBDISTRICTS?
Overlay zones are focused on the desired built form
and characteristic.
Existing RS zone subdistricts are focused on
density controlled by lot size.
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
:
KEY QUESTION:
SHOULD THE CITY USE
MODIFIED OVERLAY
ZONES OR ADAPT
EXISTING RS ZONE
SUBDISTRICTS?
Question comes down to if we want to continue
regulating by lot size.
If so, one solution is to have a hybrid approach where
the seven RS zone subdistricts are grouped into
three:
Small lot. Includes RS-6
Medium lot. Includes RS-8 and -10.
Large lot. Includes RS-12 and -20.
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
:
KEY QUESTION:
SHOULD THE CITY USE
MODIFIED OVERLAY
ZONES OR ADAPT
EXISTING RS ZONE
SUBDISTRICTS?
This approach will help streamline the
number of subdistricts and categorize them
into categories that are similar to the overlay
zones but retain most of the existing site
development standards.
Concepts from the overlay zones could then
be adapted to the new subdistricts.
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
:
KEY QUESTION:
SHOULD THE CITY USE
MODIFIED OVERLAY
ZONES OR ADAPT
EXISTING RS ZONE
SUBDISTRICTS?
Small
Medium
Large
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
:
KEY QUESTION:
SHOULD THE CITY USE
MODIFIED OVERLAY
ZONES OR ADAPT
EXISTING RS ZONE
SUBDISTRICTS?
Prototypical lots based on new subdistricts:
Lot Line
Street
Buildable Area
80’
150’
Setback
Area
10’
25’
25’
70’
11
5
’
7.5 ’
25’
15’
60’
10
0
’
5’
20’
15’
Not to scale
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW
OF OVERLAY ZONES
Remember each overlay zone regulates and
generates the intended physical character through
the following topics:
•Intent
•Building placement and Lot size
•Building footprint
•Frontages
•Building form
•Parking
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW OF OVERLAY ZONES:
FRONTAGES
Frontages: the menu of allowed frontage types
required at building entries.
Why it’s important:
•Crucial for several reasons, including safety,
accessibility, aesthetics, and functionality.
•Ensures entries are clearly visible and well-lit.
•Proper entry placement can enhance walkability
and encourage street-level engagement.
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
Building Setback Line
Lot Line
Building Footprint
Required Frontage
ROW
REVIEW OF OVERLAY ZONES:
FRONTAGES
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
Porch Projecting
Porch Engaged
REVIEW OF OVERLAY ZONES:
FRONTAGES
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
Dooryard
Stoop
Common Entry
REVIEW OF OVERLAY ZONES:
FRONTAGES
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW
OF OVERLAY ZONES:
BUILDING PLACEMENT
AND LOT SIZE
Building placement and Lot size: the minimum
building setbacks and requirements for façade
design and the associated minimum site
dimensions.
Why it’s important:
•Buildings are scaled to the lot. Provided more
assurances than setbacks and height alone.
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW
OF OVERLAY ZONES:
BUILDING FORM Why it’s important:
•Helps maintain affordability if developers are
limited to the size they can build.
•Helps equalize pro forma of different building
types.
Building Form:
Building footprint: the maximum overall building
dimensions.
Building form : the maximum overall building height,
minimum ground floor height, and maximum building
footprint (coverage);
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW
OF OVERLAY ZONES:
BUILDING FORM
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW
OF OVERLAY ZONES:
BUILDING FORM
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW
OF OVERLAY ZONES:
PARKING
Parking: the required location and design
requirements for parking and vehicle access
Why it’s important:
•Front -facing parking lots break up the pedestrian
experience and create gaps in the street frontage.
Placing parking to the side or rear allows buildings to
front the street, creating a more continuous,
engaging, and walkable environment.
•Buildings closer to the street with parking tucked
behind or to the side reinforce a “human-scale”
streetscape. This helps create attractive, active
public spaces and supports a strong sense of place.
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
REVIEW
OF OVERLAY ZONES:
PARKING
Parking: the required location and design
requirements for parking and vehicle access
7.A.a
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37CITY OF EDMONDS Development Code Update
Design
Standards:
Why are they important?
CITY OF EDMONDS Development Code Update
7.A.a
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HIGHLIGHTS
of the
‘Interim Ordinance’
KEY QUESTION:
SHOULD THE CITY USE MODIFIED
OVERLAY ZONES OR ADAPT EXISTING
RS ZONE SUBDISTRICTS?
7.A.a
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39CITY OF EDMONDS Development Code Update
Design
Standards:
Why they are important
CITY OF EDMONDS Development Code Update
7.A.a
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40
Why are they important?
CITY OF EDMONDS Development Code Update
BOXES
7.A.a
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Why are they important?
CITY OF EDMONDS Development Code Update
BOXES
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42CITY OF EDMONDS Development Code Update
What’s
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43CITY OF EDMONDS Development Code Update
What’s
Different?
Orientation to the street
Street-level windows
Weather protection
Clear entries
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44CITY OF EDMONDS Development Code Update
Objective
Design
Standards
Toolkit:
Basics vs. Detailed
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45CITY OF EDMONDS Development Code Update
Objective
Design
Standards
Toolkit:
Basics vs. Detailed
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HIGHLIGHTS
of the
‘Interim Ordinance’
KEY QUESTION:
SHOULD WE REFERENCE THE BASIC
OR DETAILED OBJECTIVE DESIGN
STANDARDS TOOLKIT TO DEVELOP
OUR MIDDLE HOUSING DESIGN
STANDARDS?
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ACCESSORY DWELLING UNITS
AND UNIT DENSITY ADUs are not considered
middle housing types but
are required to be
allowed.
It is important to
distinguish whether ADUs
should count towards the
maximum unit density and
develop regulation to
ensure there are no
unintended results.
UNIT
ADU
UNIT
ADU
UNIT
DADU
UNIT 3 UNIT 4
UNIT 1 UNIT 2
?
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HIGHLIGHTS
of the
‘Interim Ordinance’
KEY QUESTION:
SHOULD ACCESSORY DWELLING
UNITS COUNT TOWARDS UNIT
DENSITY ON A LOT?
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SUBDIVISIONS
How setbacks apply to a parent lot and unit lots.
Preserved single-family
house with three attached
units built in the back yard
A cottage cluster development
with a shared open space
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SUBDIVISIONS
How setbacks apply to a parent lot and unit lots.
A townhouse development
with a shared driveway.
A duplex with an accessory
dwelling unit (ADU) on its own
unit lot.
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HIGHLIGHTS
of the
‘Interim Ordinance’
DISCUSSION
Should accessory
dwelling units count
towards unit density on
a lot?
Should we reference
the basic or detailed
objective design
standards toolkit to
develop our middle
housing design
standards?
KEY QUESTIONS:
Should the city use
modified Overlay Zones
or adapt existing RS
zone subdistricts?
7.A.a
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Planning Board Agenda Item
Meeting Date: 03/26/2025
Recommendation on STEP Housing Code (File AMD2024-0006)
Staff Lead: Mike Clugston
Department: Planning Division
Prepared By: Michael Clugston
Background/History
In 2021, Washington state passed House Bill 1220 (HB 1220), which amended the Growth Management
Act (GMA) and municipal code requirements for housing. The law requires local governments like
Edmonds to plan for and accommodate housing affordable to all income levels, which includes
demonstrating sufficient land capacity for housing at all income levels to meet future housing needs,
including permanent supportive housing and emergency housing. Local governments must also identify
local barriers to production of affordable housing and take actions to remove those barriers.
Furthermore, RCW 36.130.020 provides that local governments may not adopt, impose, or enforce
requirements on an affordable housing development that are different than the requirements proposed
on housing developments generally. (Note: Permanent supportive housing is considered a type of
affordable housing.) Edmonds, like similar jurisdictions, must update its development codes to comply
with HB 1220.
To that end, the STEP housing code update was introduced to City Council on January 7, 2025, including
draft interim code language. The initial draft was prepared to meet the requirements of HB 1220 using
guidance from the Department of Commerce as the baseline (Attachment 1). Some refinements were
made to the original draft by Council, who approved the interim language on January 28. Council held
the required public hearing on the interim STEP code on February 11 and no public comments were
received. Because the Planning Board must make a recommendation on a final or permanent version of
the STEP housing code, the STEP housing topic was introduced to the Planning Board on January 22 and
further discussed on February 12 and March 12 prior to the Board’s recommendation on March 26.
Staff Recommendation
Review the draft Planning Board recommendation for STEP housing in Attachment 1 and make any
revisions. Vote on the recommendation and forward to Council for their consideration as part of the
remainder of the process to create the permanent STEP housing ordinance.
Narrative
HB 1220 requires changes to the City’s development regulations to allow four specific housing types:
emergency shelter, transitional housing, emergency housing, and permanent supportive housing (STEP
Housing):
· “Emergency housing” means temporary indoor accommodations for individuals or
families who are homeless or at imminent risk of becoming homeless that is intended to
address the basic health, food, clothing and personal hygiene needs of individuals or
7.B
Packet Pg. 60
families. Emergency housing may or may not require occupants to enter into a lease or
an occupancy agreement.
· “Transitional housing” means a project that provides housing and supportive services to
homeless persons or families and that has as its purpose facilitating the movement of
homeless persons and families into independent living, generally in less than two years.
· “Emergency shelter” means a facility that provides a temporary shelter for individuals or
families who are currently homeless. Emergency shelter may not require occupants to
enter into a lease or an occupancy agreement. Emergency shelter facilities may include
day and warming centers that do not provide overnight accommodations.
· “Permanent supportive housing” is subsidized, leased housing with no limit on length of
stay that prioritizes people who need comprehensive support services to retain tenancy
and utilizes admissions practices designed to use lower barriers to entry than would be
typical for other subsidized or unsubsidized rental housing, especially related to rental
history, criminal history and personal behaviors. Permanent supportive housing is paired
with on-site or off-site voluntary services designed to support a person living with a
complex and disabling behavioral health or physical health condition who was
experiencing homelessness or was at imminent risk of homelessness prior to moving
into housing to retain their housing and be a successful tenant in a housing
arrangement, improve the resident's health status, and connect the resident of the
housing with community-based health care, treatment or employment services.
Permanent supportive housing is subject to all of the rights and responsibilities defined
in chapter 59.18 RCW.
Attachments:
Attachment 1 - Draft 2025 Planning Board STEP Housing Recommendation
Attachment 2 - Draft permanent STEP ECDC 17.125 rev. 1
Attachment 3 - STEP Housing Model Ordinance and User Guide
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March 19, 2025 DRAFT
Memo
To: Mayor Rosen and Edmonds City Council Members
From: Edmonds Planning Board Members (PB)
Subject: STEP HOUSING EDC RECOMMENDATION
Edmonds PB began work on implementing the Comprehensive Plan in January of 2025. The
first topic presented for our consideration was STEP Housing. The following source
documents and information was considered; Washington State HB 1220 (STEP Housing
requirements), Washington State Department of Commerce STEP Model Ordinance, User
Guide and Best Practices Report, proposed/enacted STEP Housing legislation from other
nearby jurisdictions, and ECDC Chapter 17.125 (Draft Permanent, Rev 1), Emergency
Shelter, Transitional Housing, Emergency Housing, and Permanent Supportive Housing
(STEP Housing).
The consensus of the PB is that the proposed EDC for STEP Housing meets the minimum
requirements of HB 1220 and the Growth Management Act (GMA). However, PB is
concerned that permitting STEP Housing but not adding additional neighborhood safety
and security considerations, (in addition to those added by City Council when adopting the
Interim STEP Housing ordinance*), could potentially create neighborhood safety issues for
current Edmonds residents. Of note, in one nearby jurisdiction (Kirkland), the city has
drafted a STEP Housing Code of Conduct, including a no-weapons rule. Therefore, we
recommend City Council consider the following inclusions to ECDC Chapter 17.125:
1) Conduct interviews with potential tenants that if warranted, could lead to criminal
background checks.
2) Convicted sex offenders would not be allowed to live in STEP Housing
3) Require an approved facility safety plan which includes fencing, a buzz-in system to
get into the building, and surveillance cameras.
4) Preferentially locate facilities near transit stops
5) Facilities shall be located at least 1,000 feet from an elementary, middle or high
school, or other supportive housing facility, unless permitted as a family or youth
shelter.
6) Project design shall enhance personal safety and security through implementation
of CPTED (Crime Prevention through Environmental Design) Principals.
7) Occupancy policies including resident responsibilities and a code of conduct that
addresses, at a minimum, the prohibition on the use or sale of alcohol and illegal
drugs, threatening or unsafe behavior, and weapon possession.
8) A neighborhood outreach plan with surrounding property owners and residents and
ongoing good neighbor policy;
7.B.a
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9) Consider a maximum number of residents (5, 10, 15?) to be permitted in Single
Family Residential Zones (RS).
* The council approved the following Interim Ordinance Expectations listed below:
1. Nuisances and criminal behavior are subject to enforcement to the full extent of the
city’s code and state law.
2. Evictions of residents for unsafe actions are not precluded by city codes.
Lee Hankins
Planning Board Chair
7.B.a
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ECDC Chapter 17.125, STEP Housing (Draft Permanent, Rev. 1) Page 1 of 3
Chapter 17.125
Emergency Shelter, Transitional Housing, Emergency Housing, and Permanent
Supportive Housing (STEP Housing)
Sections:
17.125.000 Purpose.
17.125.010 Applicability.
17.125.020 Definitions.
17.125.030 Regulations.
17.125.000 Purpose.
The purpose of this chapter is to:
A. Ensure compliance with the State of Washington’s Growth Management Act and other laws.
B. Support the implementation of Edmonds’s comprehensive plan.
C. Encourage the development of emergency housing, emergency shelters, permanent
supportive housing and transitional housing consistent with best practices for these
development types to help address local housing needs.
D. Direct STEP development to areas with existing amenities, like jobs, services and transit, to
ensure occupants have access to opportunities.
E. Protect the health, safety and welfare of the individuals served by these development types
and the broader community.
17.125.010 Applicability.
A. Where this chapter conflicts with any other, this chapter prevails.
17.125.020 Definitions.
The following definitions apply to this chapter:
A. “Emergency housing” means temporary indoor accommodations for individuals or families
who are homeless or at imminent risk of becoming homeless that is intended to address the
basic health, food, clothing and personal hygiene needs of individuals or families.
Emergency housing may or may not require occupants to enter into a lease or an occupancy
agreement. [RCW 36.70A.030(14)]
7.B.b
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ECDC Chapter 17.125, STEP Housing (Draft Permanent, Rev. 1) Page 2 of 3
B. “Emergency shelter” means a facility that provides a temporary shelter for individuals or
families who are currently homeless. Emergency shelter may not require occupants to enter
into a lease or an occupancy agreement. Emergency shelter facilities may include day and
warming centers that do not provide overnight accommodations. [RCW 36.70A.030(15)]
C. “Permanent supportive housing” is subsidized, leased housing with no limit on length of
stay that prioritizes people who need comprehensive support services to retain tenancy and
utilizes admissions practices designed to use lower barriers to entry than would be typical
for other subsidized or unsubsidized rental housing, especially related to rental history,
criminal history and personal behaviors. Permanent supportive housing is paired with on-
site or off-site voluntary services designed to support a person living with a complex and
disabling behavioral health or physical health condition who was experiencing
homelessness or was at imminent risk of homelessness prior to moving into housing to
retain their housing and be a successful tenant in a housing arrangement, improve the
resident's health status, and connect the resident of the housing with community-based
health care, treatment or employment services. Permanent supportive housing is subject to
all of the rights and responsibilities defined in chapter 59.18 RCW. [RCW 36.70A.030(31)]
D. “Religious organization” means the federally protected practice of a recognized religious
assembly, school or institution that owns or controls real property. [RCW 36.01.290(6)(c)]
E. “Temporary”, as applied in this chapter, applies to the person and how long they reside in
STEP housing, not the structure or length of time for the land use.
F. “Transitional housing” means a project that provides housing and supportive services to
homeless persons or families and that has as its purpose facilitating the movement of
homeless persons and families into independent living, generally in less than two years.
[RCW 84.36.043(3)(c)]
17.125.030 Regulations.
A. Permitted zones for STEP Housing.
1. Indoor emergency shelters and indoor emergency housing are permitted in all zones in
which hotels are allowed.
a. Indoor emergency shelters operated by a religious organization or located in a local
public facility are subject to the requirements of ECDC 17.105, not ECDC 17.125.
2. Permanent supportive housing and transitional housing are permitted in all zones where
residential dwelling units or hotels are allowed .
B. Expectations
1. Nuisances and criminal behavior are subject to enforcement to the full extent of the city’s
code and state law.
7.B.b
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ECDC Chapter 17.125, STEP Housing (Draft Permanent, Rev. 1) Page 3 of 3
2. Evictions of residents for unsafe actions are not precluded by city codes.
7.B.b
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v3.5
MODEL ORDINANCE AND COMMUNICATIONS TOOLKIT FOR STEP
7.B.c
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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 2
Acknowledgments
Washington State Department of Commerce
Laura Hodgson, Housing Planning and Data Manager, Growth
Management Services Unit (GMS), Local Government Division (LGD)
Anne Fritzel, AICP, Housing Section Manager, GMS, LGD
Kirsten Jewell, Housing Policy Manager, Housing Division (HD)
Melodie Pazolt, Managing Director, Apple Health and Homes
Permanent Supportive Housing Unit, HD
Kathy Kinard, Managing Director, Homelessness Assistance Unit, HD
Abt Global
Lindsey Elam, AICP, Senior Analyst
Jill Khadduri, PhD, Principal Associate
Katie Kitchin, Director, State and Local Housing and Asset Building
Candace Baker, Associate
Nam Hà, Associate Analyst
Georgia Rawhouser-Mylet, Associate Analyst
Frances Walker, Research Assistant
The Corporation for Supportive Housing
Theresa Tanoury, MSW, Seattle-based Senior Program Manager
Lori Gutierrez, MSW, Senior Program Manager
Debbie Thiele, Western Region Managing Director
Sharon Rapport, California State Policy Director
Angela Brooks, FAICP, Illinois Program Director
1011 Plum St. SE
P.O. Box 42525
Olympia, WA 98504-2525
www.commerce.wa.gov
For people with disabilities, this report is available on request in other
formats. To submit a request, please call 360-725-4000 (TTY 360-586-0772).
Advisory Committee:
Alliance for Housing Affordability at Housing Authority of Snohomish
County
Association of Washington Cities (AWC)
City of Bellingham
City of Port Townsend
City of Spokane
City of Vancouver
City of Wenatchee
Dee Caputo, FAICP, Washington State Department of Commerce,
Growth Management Services (Retired)
Downtown Emergency Services Center (DESC)
Futurewise
GS Consulting
King County, Health through Housing
Mercy Housing Northwest
Washington State Association of Counties (WSAC)
Local jurisdictions and organizations that participated in the
interviews that informed this report:
City of Federal Way
City of Kenmore
City of Kent
City of Langley
City of Olympia
City of Spokane
City of Vancouver
City of Wenatchee
GS Consulting
King County
Lewis County
Plymouth Affordable Housing Development
Snohomish County
Washington State Department of Health
7.B.c
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Table of Contents
Chapter 1: Introduction ........................................................................................................................................................................................ 4
Background ............................................................................................................................................................................................................................... 5
Emerging Best Practices .......................................................................................................................................................................................................... 6
Chapter 2: Background ........................................................................................................................................................................................ 7
2021 Updates to the Growth Management Act ...................................................................................................................................................................... 7
Relevant State and Federal Laws ............................................................................................................................................................................................ 8
State of the Practice in Washington...................................................................................................................................................................................... 10
Chapter 3: Planning for STEP 101 ...................................................................................................................................................................... 13
STEP Definitions ..................................................................................................................................................................................................................... 13
STEP Financing and Development Process ......................................................................................................................................................................... 15
Supporting STEP Projects and Operations ........................................................................................................................................................................... 17
Chapter 4: Comprehensive Planning for STEP .................................................................................................................................................... 18
Chapter 5: Permitting STEP ............................................................................................................................................................................... 19
Chapter 6: Model Ordinance ............................................................................................................................................................................... 22
Chapter 7: Accommodating Enough STEP .......................................................................................................................................................... 31
Demonstrating Sufficient Land Capacity .............................................................................................................................................................................. 31
Reducing Development Barriers ............................................................................................................................................................................................ 32
Addressing Potential Community Concerns ........................................................................................................................................................................ 35
Chapter 8: Adoption and Implementation ........................................................................................................................................................... 39
Appendix ........................................................................................................................................................................................................... 40
Methodology ........................................................................................................................................................................................................................... 40
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Chapter 1: Introduction
The Washington State Department of Commerce created the STEP User Guide and
Best Practices Report to assist planning staff, elected and appointed officials, and
other representatives of Washington’s jurisdictions as they develop local ordinances
and regulations pertaining to the siting and development of Emergency shelter,
Transitional housing, Emergency housing and Permanent supportive housing (STEP).
Definitions for these types of housing and shelter are in the Growth Management Act
and other statutes.
Emergency shelter means a facility that provides a temporary1 shelter for
individuals or families who are currently homeless. Emergency shelter may not
require occupants to enter into a lease or an occupancy agreement. Emergency
shelter facilities may include day and warming centers that do not provide
overnight accommodations. RCW 36.70A.030(15)
Transitional housing means a project that provides housing and supportive
services to homeless persons or families for up to two years2 and that has as its
purpose facilitating the movement of homeless persons and families into
independent living. RCW 84.36.043(3)(c)
Emergency housing is temporary indoor accommodations for individuals or
families who are homeless or at imminent risk of becoming homeless and is
intended to address basic health, food, clothing, and personal hygiene needs of
individuals or families. Emergency housing may or may not require occupants to
enter into a lease or an occupancy agreement.3 RCW 36.70A.030(14)
Permanent supportive housing is subsidized, leased housing with no limit on
length of stay that prioritizes people who need comprehensive support services to
retain tenancy. It utilizes admissions practices designed to use lower barriers to
1 For STEP, temporary applies to the person and how long they reside there, not the structure or length of time for the land use. However, when planning for STEP, it is best for
communities not to limit lengths of stay because it could be inconsistent with a project's funding requirements.
2 Although transitional housing is designed to move people into permanent housing in less than two years, some transitional housing programs do not limit the stay to two years.
3 Any STEP project that requires a lease or occupancy agreement is subject to all of the rights and responsibilities defined in chapter 59.18 RCW (Landlord Tenant Law).
The HUB on Third in Walla Walla (co-located emergency shelter, health care
and childcare services), Source: Blue Mountain Action Council (BMAC)
The PAD House in Whatcom County (emergency housing), Source:
Northwest Youth Services
Gonzaga Family Haven in Spokane (permanent supportive housing),
Source: Catholic Charities of Eastern Washington
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entry than typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal
behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex
and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior
to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and
connect the resident of the housing with community-based health care, treatment, or employment services. RCW 36.70A.030(31)
Background
Washington experienced a significant 19.9% increase in homelessness from 2007 to 2023;4 one of the main reasons for this is the state's lack of
affordable housing, resulting in housing prices rising faster than the lowest incomes.5, 6 To address this crisis, state and local governments must
encourage a variety of shelter and housing options, including STEP, to meet the unique needs of individuals, families, unaccompanied youth,
seniors, veterans, people with disabilities and other subpopulations who are at the greatest risk of losing their housing in these market conditions.
Fully planning local governments are required to identify sufficient land capacity for future housing needs of all economic segments and must
address barriers such as zoning and other rules that affect housing production (RCW 36.70A.070(2)). Cities are also required to allow STEP housing
in certain zones (RCW 35.21.683 and RCW 35A.21.430).
This report provides an overview of information local governments may need to plan for their local STEP housing needs, including:
Emerging best practices for planning for STEP,
Relevant state and federal laws for regulating STEP,
Information on STEP housing types, development processes, planning steps, and permitting processes for STEP,
A model ordinance for jurisdictions to use in developing their local STEP regulations,
Guidance for local governments as they develop their regulations for STEP, and
Strategies local governments can employ to encourage STEP development.
Commerce contracted with Abt Global and the Corporation for Supportive Housing to create this report that localities can use throughout
Washington. To ensure the effectiveness of these efforts, an advisory committee consisting of local government representatives, developers and
non-profit organizations provided guidance and feedback. The development of the report's contents also considered public input and emerging best
practices from communities in Washington and other parts of the country.
4 de Sousa, et al. The Annual Homeless Assessment (AHAR) Report. 2023. U.S. Department of Housing and Urban Development. www.huduser.gov/portal/datasets/ahar.html
5 TVW. Governor's Results Washington Initiative. Homelessness and Housing Crisis, March 2024. https://tvw.org/video/governors-results-washington-initiative-
2024031242/?eventID=2024031242
6 Washington State Department of Commerce. Homelessness in Washington. March 2024.
https://app.leg.wa.gov/ReportsToTheLegislature/Home/GetPDF?fileName=CommerceReports_2023_HD_Homelessness_in_Washington_24def55e-7087-43fc-ad0c-
7894a56106ab.pdf
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Emerging Best Practices
Communities can use the following strategies to accommodate local housing needs, prevent perpetuating discriminatory practices that make it
difficult to site and develop STEP, encourage affordable housing production, and support STEP developers, residents and staff. Additionally, these
strategies can benefit some of Washington's most vulnerable populations, increase housing stability, promote community integration and
contribute to larger initiatives to tackle homelessness and housing insecurity in the state.
Allow STEP developments outright as a permitted use in designated zones
Encourage STEP development in locations close to healthcare services, transportation, jobs and other amenities to promote economic mobility
and access to services
Reduce and clarify requirements to streamline permitting steps and reduce barriers for STEP development
Provide land use and financial incentives to encourage more STEP production
Expedite permitting processes for STEP projects, thereby providing quicker, more predictable timelines that help prevent cost increases caused
by project delays
Encourage developers to have pre-development application meetings with local planning staff to ensure they are aware of all the local
regulations and processes that apply to a project
Understand the development process and funding requirements for STEP
Partner with local service providers to create STEP regulations that are responsive to their needs and remove barriers to STEP development
Facilitate communication between developers, providers and community members
Use consistent definitions for STEP
Partner with neighboring jurisdictions to create consistent regulations for STEP
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Chapter 2: Background
The Growth Management Act (GMA) requires cities and
counties to develop comprehensive plans and
development regulations for their communities. This
chapter provides an overview of recent changes to the
GMA for STEP, relevant state and federal laws for STEP,
and the state of the practice for regulating STEP in
Washington as of 2024.
2021 Updates to the Growth
Management Act
In 2021, Washington state passed House Bill 1220 (HB
1220), which amended the Growth Management Act
(GMA) and municipal code requirements (RCW
36.70A.070(2), and RCW 35A.21.430 and RCW
35.21.683, respectively).7
The law requires fully planning local governments8 to
plan for and accommodate housing affordable to all
income levels, which includes demonstrating sufficient
land capacity for housing at all income levels to meet
future housing needs, including permanent supportive housing and emergency housing.9 Local governments must also identify local barriers to
production of affordable housing and take actions to remove those barriers. They must complete these plans and associated updates to zoning and
development regulations based on the periodic update schedule identified by the state legislature (see above right).
In addition, municipal code changes in 2021 required changes to specific zoning and development regulations in cities for four different housing
types: emergency shelter, transitional housing, emergency housing and permanent supportive housing (STEP). These updates were required by
September 2021.10 However, some cities were unable to address the requirement to permit STEP by the required deadline and others were waiting
for their comprehensive plan periodic update to complete the work. Some lacked the necessary resources to implement the state laws, some were
7 For more information on the Growth Management Act and other relevant state and federal laws pertaining to STEP, see the STEP State of the Practice Report.
8 Fully planning communities are all those jurisdictions in dark blue, light blue and green on the GMS Regional Variations map.
9 Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs and land capacity guidance.
10 Defer to local jurisdictions' ordinances to determine if your community has updated its regulations for STEP.
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waiting for Commerce to project housing needs for each county, and some implemented policies that created additional barriers to increasing STEP
in Washington.
In addition to the requirements about where STEP must be allowed in cities, state law was updated to state that any local restrictions on spacing,
occupancy and intensity of use for these developments must be linked specifically to public health and safety reasons (e.g., reference emergency
response times, building code, etc.) in their ordinance's findings section. Any such requirements on occupancy, spacing and intensity of use may
not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency
shelters necessary to accommodate each city's projected need for such housing and shelter under RCW 36.70A.070(2)(a)(ii).
Additional state laws and guidance for occupancy, spacing and intensity are as follows.
Occupancy: Cities and counties may not regulate or limit the number of unrelated persons who may occupy a dwelling unit except as provided
for in state law for short-term rentals or by occupant load per square foot, RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227.
Spacing: Spacing can refer to the distance between similar uses or the proximity to services (e.g., transportation). Any spacing requirements
should not exceed the spacing required by RCWs 9.94A.030, 9.94A.703 and 9.94A.8445, which create community protection zones of 880 feet
to prevent sex offenders from living near schools.
Intensity: With respect to STEP, intensity can refer to the density of people, transportation, and/or services needed by the participants who live in
a single location or facility.
Relevant State and Federal Laws
In addition to the Growth Management Act, other state and federal laws apply to STEP; Table 1 provides law summaries and links.
State law says city codes cannot prohibit indoor emergency housing or indoor emergency shelters in areas where hotels are allowed unless the community
has already permitted such development in more than 50% of their zones within one mile of transit. Cities must also allow permanent supportive housing and
transitional housing in all areas zoned for hotels and all areas zoned for residential dwellings. (RCW 35.21.683 and RCW 35A.21.430)
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Table 1 - STEP Types and Applicable Laws
STEP Types and Applicable Laws
"S"
Emergency
Shelters
"T"
Transitional
Housing
"E"
Emergency
Housing
"P"
Permanent
Supportive Housing
The Growth Management Act and RCWs 35A.21 and 35.21 require fully planning local governments to plan for and accommodate
housing affordable to all income levels.
Y Y Y Y
RCW 35.21.683 and RCW 35A.21.430 requires cities to not prohibit indoor emergency shelters and indoor emergency housing in
zones where hotels are allowed. Cities must allow permanent supportive and transitional housing in zones where residential
dwelling units or hotels are allowed. These regulations may limit occupancy, spacing and intensity of use requirements to protect
public health and safety so long as such limits allow the siting of a sufficient number of units/beds to accommodate each city's
projected housing needs.
Y Y Y Y
RCW 35.21.689 and RCW 35A.21.305 require cities to allow permanent supportive housing in areas where multifamily housing is
permitted.
Y
RCW 36.130.020 prohibits any local government from having requirements on an affordable housing development that are different
from those imposed on housing developments generally.
Y* Y* Y
RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227 prohibit any local government from having requirements related to unrelated
persons that may occupy a unit.
Y Y Y Y
RCW 36.70A.545 requires fully planning cities and counties to allow increased density bonuses for any affordable housing on real
property owned or controlled by a religious organization.
Y* Y* Y
RCW 35.21.915, RCW 35A.21.360, and RCW 36.01.290 prohibit any local government from regulatory limits on encampments, safe
parking, overnight shelters, and temporary small houses on property owned or controlled by a religious organization.
Y Y
RCW 36.70A.540 gives authority to local governments to offer incentives in exchange for providing development for low-income
housing units.
Y* Y* Y
RCW 36.70A.070(2)(c) requires fully planning local governments to document how they have sufficient land use capacity for all
future housing needs by income level.
Y** Y Y
RCW 36.70A.210(3)(e) requires fully planning counties to have countywide planning policies that consider the need for housing for
all economic segments and the parameters for its distribution.
Y Y Y Y
RCW 9.94A.030(6) regulates where level two and three sex offenders may not live. Y Y Y Y
RCW 36.70A.390 states public hearing requirements for moratoria and interim zoning control are not applicable to regulations that
prohibit building permit applications for transitional housing or permanent supportive housing in any zones in which residential
dwellings or hotels are allowed or prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels
are allowed.
Y Y Y Y
Washington Law Against Discrimination prohibits requirements imposed on STEP that violate civil rights protections. Y Y Y Y
Washington State Residential-Landlord Tenant Act includes laws landlords must follow. Y* Y* Y
Washington State Environmental Policy Act requires all branches of government in the state to examine their laws' environmental
impacts. At the local level, this requires an assessment of comprehensive plans, development regulations, and project permits
unless specifically exempted by the act.
Y Y Y Y
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STEP Types and Applicable Laws
"S"
Emergency
Shelters
"T"
Transitional
Housing
"E"
Emergency
Housing
"P"
Permanent
Supportive Housing
Americans with Disabilities Act prohibits discrimination against individuals with disabilities and provides enforceable standards to
address discrimination.
Y Y Y Y
Fair Housing Act prohibits “neutral” policy that has a disproportionately adverse effect on a protected class. Y Y Y Y
Religious Land Use and Institutionalized Persons Act prevents the implementation of land use regulations that impose a substantial
burden on the religious exercise of a person.
Y Y Y Y
*Only applicable when the housing has a rental agreement, occupancy agreement or lease. A "rental agreement," "occupancy agreement" or "lease" establishes or modifies the
terms, conditions, rules, regulations and other provisions concerning the use and occupancy of a dwelling unit.
**Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs.
State of the Practice in Washington
Commerce spoke with a number of communities to learn how they developed and regulated STEP. This section reflects these findings.
In Washington, many communities use local land use policies to influence the development of STEP. It is appropriate for local governments to apply
land use and development regulations to these housing types, as with all other developments, by law. While some recently adopted STEP
regulations are consistent with state and federal laws and encourage the production of STEP to meet their local housing needs, some existing local
regulations and processes conflict with state and federal laws. In general, local regulations in Washington state could align better with state
requirements, provide more flexibility and greater opportunities for establishing STEP, and remove barriers to this affordable housing need.11
The following are examples of observed regulatory and process barriers for STEP development in the state of Washington:
Permit processes: Generally, local authorities permit STEP development in areas that already have access to services such as transit, which is a
best practice. However, some jurisdictions still require a conditional use permit for all STEP, which is inconsistent with state laws for permanent
supportive housing and STEP housing with leases (RCW 36.130.020), but also creates a barrier to siting any STEP project. Under this permitting
process, these projects must meet certain criteria and go through a special approval process that can delay the project's timeline and increase
the likelihood that a hearing examiner or the city council will not approve the project following public opposition. These additional conditions
and delays result in significant costs to the project sponsors and public funders and may discourage a STEP developer from pursuing projects
in their jurisdiction.
Occupancy, spacing and intensity requirements: Local regulations for STEP often include rules related to occupancy, spacing, intensity or
density, parking, environmental standards and other development and operational requirements that could create barriers for STEP production.
11 All fully planning local governments are directed by RCW 36.70A.070(2)(d) to "make adequate provisions for existing and projected needs of all economic segments of the
community,"
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Typical restrictions on the occupancy, spacing and intensity of use of STEP in local jurisdictions include limits on the number of clients a project
can serve, the number of staff and the distance between STEP projects. Most jurisdictions also do not have special provisions regarding density
bonuses for STEP sponsored by religious organizations (RCW 36.70A.545). Some communities have distance restrictions that prohibit the
construction of emergency shelters or emergency housing within one-half mile of another existing or proposed shelter or emergency housing
projects. Variations of this requirement are common in Washington’s jurisdictions.
In most cases, jurisdictions have not shown in their ordinances' findings how their spacing, occupancy and intensity of use regulations are
linked to public health and safety (e.g., referencing local building and fire code), therefore they are not in compliance with state laws that require
this demonstration and possibly in violation of federal fair housing laws. Their spacing requirements are also not consistent with the
Department of Commerce's recommendations that any spacing requirements should not exceed the spacing already required by RCWs
9.94A.030, 9.94A.703 and 9.94A.8445, which create community protection zones of 880 feet to prevent sex offenders from living near schools.
Jurisdictions with spacing and intensity requirements have also not identified how they will have sufficient capacity for their future housing
needs at each income level in their 20-year comprehensive plans and development regulations, which is inconsistent with state law requiring
this demonstration if communities adopt these types of regulations.12 A combination of density and spacing requirements for STEP can easily
result in a community not having enough sites available with the capacity to meet local housing need allocations, impacting the jurisdiction's
ability to make adequate provision for this type of housing and adhere to state law. Furthermore, RCW 36.70A.070(2)(d)(ii) states that
jurisdictions must assess barriers, such as development regulations, gaps in local funding and other limitations, as part of documenting
programs and actions needed to achieve housing availability in their comprehensive plans. Barrier assessment should consider factors that may
negatively affect production for each type of housing allowed in the jurisdiction.13
Parking minimums: STEP projects are commonly required to meet similar parking minimums as other housing, mixed-use or other development
types. Because STEP residents or clients may be less likely to own a car, especially in urban environments near transit, these requirements may
limit or create barriers for STEP development. In some Washington communities, the planning director and/or city engineer determines STEP
projects' parking requirements or approves a parking study for required parking; this process may support flexibility and reduce barriers for
STEP projects.14 Other communities have parking minimums specific to STEP (e.g., one parking space for every two employees and every four
beds).
12 RCW 35.21.683 and RCW 35A.21.430 note these restrictions shall not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor
emergency housing, or indoor emergency shelters necessary to accommodate each [code] city's projected need for such housing and shelter. Additionally, fully planning cities and
counties are required with their periodic update to show sufficient land capacity for housing needs at all income levels. (RCW 36.70A.070(2)(c))
13 Strategies that jurisdictions can consider implementing to help STEP overcome development barriers are discussed staring on page 32.
14 Planning director and/or city engineer approval may also create ambiguity if there are not clear standards or examples that developers can reference.
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Operations plans: Many communities also require STEP or certain STEP types, such as emergency shelters or emergency housing, to submit
operations plans or agreements before they can be permitted. The required information for operations plans varies by jurisdiction. However,
common documentation requirements include:
Contact information for key staff and their roles and responsibilities
A facility management plan, including security policies and an emergency management plan
Site and facility maintenance policies
Occupancy policies
A staffing plan
A community engagement plan
Documentation of record-keeping processes
A description of transportation either provided or accessible to residents
These requirements can create barriers to STEP production and are inconsistent with state law generally when required of permanent
supportive housing, as well as transitional and emergency housing with leases, unless they are required of other housing generally because the
state considers these affordable housing (RCW 36.130.020).
To encourage STEP, local developers said jurisdictions can be more flexible regarding their specific requirements, such as reducing or waiving
parking minimums when projects anticipate a high ratio of tenants who use public transportation or have alternate modes of transportation
and do not need onsite parking. Jurisdictions can also help by only requesting STEP projects provide operations plans when there is sufficient
local government capacity and expertise to review the plans and only asking for necessary information that can be important for local
government to have on file (e.g., emergency contact number and a safety plan). If a local government requires any of these additional plans or
information, Commerce recommends that local governments require only basic information and that they provide examples of the plans for
local developers to reference and understand what is required.
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Chapter 3: Planning for STEP 101
Jurisdictions should use Washington state's definitions for STEP to ensure consistency across the state and encourage STEP development by
making definitions and policies more straightforward for developers. When planning for STEP, it is also helpful to consider the various processes
involved in planning, siting, funding, permitting, building, licensing and operating STEP projects.
STEP Definitions
Washington state uses specific terms and definitions for STEP that are used throughout this report; see Chapter 1: Introduction. For the purposes of
the state’s model ordinance and this report, STEP refers to developments that meet the Washington State Residential Building Code based on the
2021 International Residential Code, which includes rules for a permanent foundation, safe plumbing and electrical practices, insulation, weather
tightness, energy efficiency and safety (smoke alarms and egress).
With regard to emergency housing and emergency shelter, RCW 35.21.683 and RCW 35A.21.430 state that jurisdictions must not prohibit indoor
emergency shelters and indoor emergency housing in all zones in which hotels are allowed. "Indoor," as used in the definition of indoor emergency
housing (RCW 36.70A.030), and "indoor" with respect to indoor emergency housing and indoor emergency shelter in RCW 35.21.683 and RCW
35A.21.430, is interpreted in this report and the state's model ordinance as a subset of all of the possible building forms in which shelter can be
provided. Indoor implies buildings that are affixed to the ground and have indoor plumbing, and therefore would exclude forms on wheels (e.g.,
recreational vehicles) or that lack internal sanitation and/or cooking facilities, such as tiny shelters or pallet shelters.15
Non-standard types: Local jurisdictions have observed many organizations proposing non-building code compliant structures or structures that
may not have indoor plumbing, such as temporary pallet shelters, tent encampments and safe parking areas. This sometimes presents challenges
for jurisdictions because their local codes may limit these types of structures. An additional challenge observed is that there are no adopted
statewide standards for safe human habitation of these structures, but building codes for some temporary emergency shelters should be available
by July 2026.16 Tiny homes and park model homes17 may also face barriers because their size and dimensions may not conform to standard
building codes, or local governments may limit where these homes are allowed as primary dwellings.
Non-standard STEP types cannot be counted towards a jurisdiction's local housing need allocations, because they are more like sanctioned
encampments than emergency shelters. The U.S. Department of Housing and Urban Development (HUD) and the Washington State Department of
Commerce's Homeless Assistance Unit currently do not fund these projects as “emergency shelters.” Furthermore, depending on the shelter and
15 Therefore, cities are not required to allow non-building code compliant structures as STEP, but the Department of Commerce encourages local governments to allow non-standard
types of STEP as an alternative to sleeping outside to provide safer places for people experiencing homelessness.
16 The Washington Legislature adopted Senate Bill 5553 in 2023, which directs the state building code council to adopt standards for temporary emergency shelters and make them
available for local adoption. Adopting these state building code standards may assist local governments with their building code questions for unique shelter accommodations.
17 Park model homes are recreational vehicles intended for permanent or semi-permanent installation. They are used as a primary residence (RCW 59.20.030).
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services offered, occupants may still be considered “unsheltered” under federal definitions. For example, HUD considers someone living in their car
as experiencing unsheltered homelessness.18
However, the Department of Commerce encourages local governments to allow non-standard types of STEP as an alternative to sleeping outside to
provide safer places for people experiencing homelessness. These non-standard housing types could include, for example, safe parking and other
non-standard projects that offer occupants sanitation services, connections to community services and support in finding permanent housing.19
Local governments may consider making land available for non-traditional projects, taking into consideration other potential uses of public land.20
While there are currently no state or federal standards for non-standard shelter types, some existing federal, state and local laws apply to this issue,
for example:
In 2019, the U.S. Supreme Court denied the City of Boise's petition regarding its Camping and Disorderly Conduct Ordinances, which upheld the
law that people experiencing homelessness cannot be punished for sleeping outside on public property if adequate alternatives are not
provided. The ruling in Martin v. Boise encouraged local governments to plan for alternatives to homelessness. However, on June 28, 2024, in
the case of Grant Pass v. Johnson, the U.S. Supreme Court decided that jurisdictions could criminalize camping and sleeping in public,
overturning the Grant Pass case's previous decision and the Martin v. Boise ruling.21
RCW 36.70A.540 states that local governments may use their development regulations and other means to expand opportunities for low-
income housing units, including tiny home communities.
Some local jurisdictions have implemented regulations for these non-standard housing types. Thurston County recently finalized its interim
homeless encampment facility regulations, and the City of Bellingham has regulated temporary shelters, including encampments, safe parking
areas and tiny house shelters, since 2018. The City of Port Townsend created new regulations to support STEP, including wooden tent villages.
Before adopting these code changes, Community Build, a nonprofit, built “wooden tents” (one-room structures serving as effective shelters that
do not meet the legal definition of a dwelling unit) in Port Townsend. Permitting these tent encampments kept people sheltered and safer than
the alternatives (e.g., sleeping outside). Port Townsend staff reported fewer conflicts than expected between wooden tent encampments and
neighboring uses. However, the project did face several challenges. It needed to be approved through a temporary conditional use process,
18 HUD defines unsheltered homelessness as an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a
regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport or camping ground. For more information, see Unsheltered
Homelessness on the HUD Exchange.
19 Currently, there are no state or federal guidelines in place for the use of safe parking areas as permitted emergency shelter options. This absence leaves jurisdictions to determine
their own policies for integrating safe parking into STEP planning. At least ten jurisdictions in Washington have established safe parking programs; for more information, see the
National Vehicle Residency Collective's National Parking Program List.
20 The Portland State University’s Homelessness Research & Action Collaborative for the Joint Office of Homeless Services found that tiny home villages only cost less to develop
when land is free, compared to more traditional forms of STEP (motels and congregate shelter). It also found that operating costs for villages vary because of their staffing needs.
Operating expenses for tiny home villages are higher than congregate shelters. However, this study found that alternative shelter types, like these villages, are more successful in
transitioning people out of homelessness and meeting their needs than congregate shelters. The most appropriate shelter type for a community varies and can be based on a
number of factors (e.g., client needs and preferences, land suitability, properties available for acquisition, and a project’s lifespan).
21 For information on combating the criminalization of homelessness, see the Washington Low Income Housing Alliance’s toolkit.
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which required the project's managing agencies to extend the permit or move to a new location every six months. The city reported this was
costly and inefficient.
Housing vs. facilities: Some residential types are sometimes confused with STEP, particularly permanent supportive housing. Residents residing in
permanent supportive housing are subject to all the rights and responsibilities defined in chapter 59.18 RCW, also known as the Washington State
Residential Landlord-Tenant Act. A person residing in permanent supportive housing has full rights of tenancy through a lease with their landlord,
but this is not the case in licensed residential facilities, such as licensed adult family homes, group living homes for persons with intellectual or
developmental disabilities, or assisted living facilities for seniors where residents must pay towards the cost of their care.22
Disaster Relief / Recovery Shelter: While STEP may be used in the event of a disaster (e.g., floods, wildfires, landslides, and earthquakes) to meet
immediate needs, disaster relief and recovery shelters established by FEMA, local governments or others in response to a disaster (before or after)
is not considered STEP. Disaster relief/recovery shelters have different funding sources, managers, and operators and can trigger different
regulations and local processes. Local governments can consult their emergency preparedness plans and FEMA’s Planning Considerations:
Disaster Housing for more information on disaster shelter and housing planning.
STEP Financing and Development Process
STEP projects often face significant financial barriers and have complicated funding sources, each with its own requirements. When considering
development regulations, jurisdictions should take these funding sources and their requirements into consideration and try to avoid creating
potentially duplicative or overly burdensome standards that may overlap with the other requirements projects need to meet to obtain funding and be
viable.23 Some common funding sources for STEP include:
Washington State’s Apple Health and Homes Initiative, Housing Trust Fund and Consolidated Homeless Grant
Support from county and local governments, financial institutions and philanthropic organizations (e.g., tax-increment financing, grants, loans,
reduced impact fees and system development charge waivers, free or reduced price land, cash and materials donations)
Low-Income Housing Tax Credits, Historic Tax Credits and New Markets Tax Credits
The U.S. Department of Housing and Urban Development (e.g., Home Investment Partnership Program and Community Development Block
Grants) and Rental income, Housing Choice Vouchers and Medicaid (for leased units)24, 25
22 For more information on STEP and other housing types, see the Department of Commerce's STEP Housing Definitions Factsheet.
23 Small cities and counties who need assistance with STEP planning or regulations can reach out to the Department of Commerce or their Regional Planner as a resource.
24 The Urban Institute, in partnership with the National Housing Conference, developed an interactive tool that helps illustrate how affordable housing developments "pencil out" and
discusses how these types of projects typically need some form of government support.
25 For more information on funding sources, see the Department of Commerce's STEP State of the Practice Report and STEP Operations Guide.
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The processes and activities involved in the development of a STEP project from idea to operation, their order and the length of each can vary
significantly by project and community. In general, they include the following:
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Supporting STEP Projects and Operations
Consistent with state funding guidelines for a variety of funding sources,26 Commerce recommends that local governments support low-barrier
projects consistent with the "Housing First" model.
Low-barrier projects require minimal eligibility requirements and documentation.27 Households experiencing homelessness are not screened out
based on the following criteria: having little or no income, poor credit or financial history, poor or lack of rental history, involvement with the criminal
justice system, active or history of substance use, disability-related services support, lacking ID or proof of US residency or behaviors perceived as
indicating a lack of “housing readiness,” including resistance to receiving services. Low-barrier projects have realistic and clear expectations. Rules
and policies are narrowly focused on maintaining a safe environment and avoiding exiting people back into homelessness.
Low-barrier projects do not have work or service requirements. If the project requires households to pay a share of rent, they allow reasonable
flexibility in payment. Emergency shelters may not require occupants to enter into a lease or an occupancy agreement. Households in low-barrier
programs are not terminated because they will not participate in supportive service programs. In addition, alcohol and/or substance use in and of
itself is not considered a reason for termination. If a household is terminated from a low-barrier project due to violating rules focused on
maintaining a safe environment, there must be a process in place for the household to be considered for re-enrollment if the household
demonstrates unsafe behavior is unlikely to re-occur (i.e., engaged in new treatment plan, mental health services, medical care, etc.).
Housing First is a philosophy and approach to housing and services that is often associated with permanent supportive housing, but it is applicable
to all STEP types. Housing First revolves around several core tenets including entry that is not conditioned on sobriety, previous service
participation, credit or evictions; housing is provided as quickly as possible; and the participant has a choice in housing selection within the bounds
of available options. Housing First provides voluntary, tenant-driven supportive services to residents to help them comply with lease terms and to
address behaviors that impact housing stability.28
Housing First is a trauma-informed practice that recognizes that an individual’s life events or circumstances that they experience as physically or
emotionally harmful have lasting adverse effects on that individual, mentally, physically, socially or emotionally.29 The design and operations of
STEP projects should be trauma-informed, which includes an emphasis on safety in the physical environment, promoting self-efficacy and control
over one’s belongings and daily activities, and ongoing education of staff on trauma-related behaviors and trauma-informed practices.
26 For example, according to Guidelines for the Consolidated Homeless Grant (CHG), Updated March 2024, "By July 1, 2025, no less than 80% of a county’s CHG funded projects
(programs and facilities) must be low barrier."
27 The description of low-barrier projects in this paragraph come from Commerce's Guidelines for the Consolidated Homeless Grant (CHG), Updated March 2024, pages 9 and 10.
28 This "Introduction to Housing First" contains more of the basics of the "Housing First" principles. Additional resources on Housing First can be found on Commerce's Housing
Division Grantee Training webpage under "Housing First."
29 Substance Abuse and Mental Health Services Administration. SAMHSA’s Concept of Trauma and Guidance for a Trauma-Informed Approach. U.S. Department of Health and
Human Services. 2014. https://store.samhsa.gov/sites/default/files/sma14-4884.pdf.
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Chapter 4: Comprehensive Planning for STEP
Homelessness and housing affordability is a challenge that affects an entire county and requires solutions that often go beyond the resources of
one city or town government. Therefore, many planning and implementation efforts start or take place at the county level in Washington.30
Revisions to RCW 36.70A.070(2) in 2021 updated requirements for how jurisdictions should plan for housing in their comprehensive plans. To
implement the new law, the Department of Commerce provides projections of housing needs for each county, including emergency housing and
permanent supportive housing.31 Each county must decide how to allocate these projections among its local jurisdictions. Each jurisdiction must
then document its share of countywide housing needs by income level and plan for and accommodate that share of housing needs in its
comprehensive plan.32
Each county that is fully planning under the Growth Management Act must have countywide planning policies and processes for allocating their
countywide housing needs to local jurisdictions (RCW 36.70A.210(3)(e)).33 Many communities are still in the process of allocating countywide
projections of need to local governments. Countywide collaboration in this process is vital to ensure a coordinated approach to planning for
housing for all income levels.
As counties decide where overall population and housing should be directed, most communities use data on employment locations, transportation
accessibility, service availability, infrastructure and land capacity to determine the appropriate percentage of housing growth to plan for in each
area. Local governments then use this information and the Department of Commerce's Housing for All Planning Tool to determine a distribution of
housing needs by income level to each jurisdiction or to inform a local-designed method of allocating housing needs. Counties may use their
countywide planning policies about where overall growth should be directed within the county to assist with this work or local data such as
information about where existing support services are located or likely to locate, where existing affordable housing and STEP housing are located,
and other local factors to inform their decisions.
30 In addition to comprehensive planning for housing of all income levels under the Growth Management Act, Washington state law (RCW 43.185C.050) requires that each county
local homeless housing task force develop and recommend to its local government legislative authority a five-year homeless housing plan for its jurisdictional area. Each county's 5-
year plan can be found on Commerce's website.
31 Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs.
32 Resources for projected housing needs are in Book 1 of Commerce’s Housing Element Guidance. Projecting housing needs by income level begins on page 34. Information on
how to allocate the countywide housing needs from the countywide projections to individual jurisdictions begins on page 60.
33 RCW 36.70A.210(3): A countywide planning policy shall, at a minimum, address policies that consider the need for affordable housing, such as housing for all economic segments
of the population and parameters for its distribution.
Encouraging STEP in locations based on their proximity to healthcare providers, transportation, job prospects and other amenities to help
promote economic mobility and access to services is an emerging best practice for housing needs allocation decisions. To meet the growing
demand for housing and other community needs, local affordable housing consultants and developers agree that successful communities will
be intentional about where STEP is located.
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Chapter 5: Permitting STEP
The local permitting process for STEP can vary depending on the jurisdiction and their permitting procedures. The approval process for a land use
permit typically depends on whether the permit is classified as Type I, II, III or other permit. While the number of permit types and their terminology
may vary by jurisdiction, in general, the more complex the project, the greater the level of public notice and review is needed. 34. 35, 36 For example,
simple building permits are administratively approved under a Type I permit, while permitting for projects requiring a higher level of review such as
conditional use permits, commonly fall under Type III and higher.
Project permit decisions can involve different decision makers and levels of public input. Projects permits approved by local planning staff without
public hearings are considered administrative decisions. More complex projects may involve review by a hearings examiner, public hearings and
may include discretion in permitting decisions. These permit types are called quasi-judicial because additional procedures are factored into the
permitting decision. Generally speaking, quasi-judicial permitting proceedings provide for public notice, public testimony and decisions based on
adopted criteria. Conditional use permits and variances heard and decided by a hearings examiner are common examples of quasi-judicial permits.
Table 2 provides recommendations for permitting processes related to STEP, including information on whether the level of permitting might be
considered a permitted or conditional use in land use tables.
34 For more examples of local permit procedures, read MRSC's Streamlining Local Permit Review Procedures (2024).
35 For resources on local planning, project review, and permitting, read the Department of Commerce's A Short Course On Local Planning Resource Guide Version 5.3 (2017).
36 The Local Project Review Act (RCW 36.70B) codified into state law a series of best practices for the local land use permit process to better enable citizens and developers to know
what to expect and to provide for more timely and efficient permit issuance.
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Table 2 - Example of Local Permit Processes by Project Types
Type I Permit Type II Permit Type III Permit
Approval Process Administrative Administrative Discretionary Quasi-Judicial
Recommended review process for STEP
Type
Emergency shelter and emergency housing
that meet local development standards in
areas zoned for hotels
Transitional housing and permanent
supportive housing that meet local
development standards in areas zoned for
other housing types and hotels
Outdoor encampments, safe parking, indoor
overnight shelters, and temporary small
houses on property owned or controlled by a
religious organization
Emergency shelter, transitional housing,
emergency housing and permanent
supportive housing that require an
exemption to local development
regulations
Affordable housing developments on
property owned or controlled by a religious
organization seeking an increased density
bonus consistent with the community’s
housing needs allocation
Projects that do not meet the
requirements for a Type 1 or Type II
Permit.
Permitting Table Permitted
Permitted, sometimes with footnotes, OR
Administrative Conditional Use
(emergency housing and emergency
shelter ONLY, not PSH or transitional
housing)37
Conditional Use*
* Commerce recommends allowing emergency housing and emergency shelter as permitted uses whenever possible, instead of conditional uses
The permit type for STEP facilities is mainly determined when a jurisdiction amends its zoning regulations and determines whether STEP facilities
are a permitted use, administratively approved use or a conditional use in particular zoning districts. Jurisdictions should give particular attention to
the code development process and make concerted efforts to notice and involve the public so that the public has been engaged on decisions on
where STEP facilities may be located and their applicable permit process. To reduce barriers to siting STEP facilities, Commerce recommends local
governments adopt development regulations as follows:
37 PSH and transitional housing should not be an administrative conditional use unless other housing generally is permitted as an administrative conditional use (RCW 36.130.020).
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Allow permanent supportive housing and transitional housing to be permitted using the same process as housing development generally
(RCW 36.130.020).
Use the lowest level permitting type for STEP (e.g. Type I permit process is preferred to Type III).
When a conditional use permit process is required for STEP, clearly specify the required standards STEP facilities must meet to address
compatibility and impacts. This will facilitate a STEP project’s ability to meet the criteria for approving the permit.
When permitting projects, it is important for jurisdictions to effectively communicate to the public when they do and do not have influence over the
permit decision-making process. For example, communities can consider including this information in the messaging for public notices. If a
jurisdiction plans to organize an informational meeting about a STEP project, jurisdictions should be careful with the wording of notices to explain
that these are informational community meetings to present the facts of a project and local feedback cannot affect the permitting decision.
7.B.c
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Chapter 6: Model Ordinance
The model ordinance presented here supports jurisdictions in developing ordinances that are consistent with state and federal laws, implement
their comprehensive plan, help address their county's allocations of housing needs and encourage STEP. The model ordinance provides sample
regulatory language. The primary components of the ordinance are:
Section I General: Ordinance number and title, recitals or whereas clauses, enactment clause and statement of purpose.
Section II Definitions: Definitions of the terms used in the ordinance.
Section III Substantive Provisions: More detailed guidance on zoning and development regulations and a zoning matrix.
Section IV Concluding Sections: Effective date, corrections/repeals, savings and severability clauses.
Table 3 outlines each section and its sub-sections. Jurisdictions can use the relevant language, fill in information specific to their community in the
red text, and edit the ordinance further to fit local needs if necessary. Table 3 also includes additional information for jurisdictions to consider as
they develop their regulations, including legal considerations, instructions on how to tailor the language to fit a variety of contexts across the state,
and a discussion of strategies that help reduce regulatory barriers for STEP.
Table 3 - Model Ordinance and Additional Considerations and Options
Model Ordinance Section/Sub-section Additional Considerations
I. General
i. Ordinance Number and Title
AN ORDINANCE REGULATING THE SITING AND DEVELOPMENT OF EMERGENCY SHELTERS, TRANSITIONAL
HOUSING, EMERGENCY HOUSING AND PERMANENT SUPPORTIVE HOUSING.
or
AN ORDINANCE amending [chapter number amended] of the municipal code.
Ordinance Number and Title: The model ordinance
provides sample language that local jurisdictions can
use to develop their own ordinances for regulating
STEP. For general guidance on developing local
ordinances, including the Ordinance Number and Title
section, jurisdictions can read MRSC’s Local
Ordinances for Washington Cities and Counties (2015).
In general, the model ordinance and its guidance are
written with both counties and cities in mind. The
model ordinance highlights areas in red where
communities can customize the language. In most
cases, guidance that applies to cities also applies to
counties.
7.B.c
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Model Ordinance Section/Sub-section Additional Considerations
ii. Recitals or Whereas Clauses
Whereas,
A) The Washington Growth Management Act requires fully planning local governments to plan for and accommodate
housing affordable to all income levels. All cities and counties planning under the Growth Management Act must
update their comprehensive plans and development regulations according to the schedule in RCW 36.70A.130.
B) RCW 35.21.683 and RCW 35A.21.430 require that cities shall not prohibit transitional housing or permanent
supportive housing in any zones in which residential dwelling units or hotels are allowed. Cities also shall not
prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed,
except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor
emergency housing in a majority of zones within a one-mile proximity to transit. Reasonable occupancy, spacing,
and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional
housing, indoor emergency housing and indoor emergency shelters to protect public health and safety. Any such
requirements on occupancy, spacing and intensity of use may not prevent the siting of a sufficient number of
permanent supportive housing, transitional housing, indoor emergency housing or indoor emergency shelters
necessary to accommodate each city's projected need for such housing and shelter. These regulations were
effective September 30, 2021.
C) Cities must allow permanent supportive housing in areas where multifamily housing is permitted. (RCW
35.21.689, RCW 35A.21.305)
D) All fully planning jurisdictions must document sufficient land capacity for emergency housing, emergency shelters,
and permanent supportive housing. (RCW 36.70A.070(2)(c))
E) Public hearing requirements for moratoria and interim zoning control are not applicable to ordinances or
development regulations adopted by a city that prohibit building permit applications for or the construction of
transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are
allowed or prohibit building permit applications for or the construction of indoor emergency shelters and indoor
emergency housing in any zones in which hotels are allowed. (RCW 36.70A.390)
F) City and county regulations may not limit the number of unrelated persons that may occupy a household or
dwelling unit except for lawful limits on occupant load per square foot or building code limits. (RCW 35.21.682,
RCW 35A.21.314 and RCW 36.01.227)
G) Any restrictions and requirements imposed on the siting and operations of emergency housing, emergency
shelters, permanent supportive housing and transitional housing must not violate civil rights protections provided
by the Washington Law Against Discrimination, the federal Fair Housing Act and the Americans with Disabilities
Act.
Recitals or Whereas Clauses: Local recitals or whereas
clauses in Washington state often include relevant
state requirements, facts justifying the ordinance,
references to the comprehensive plan and information
on the process of developing the ordinance and
regulations. The model ordinance provides excerpts
from relevant state and federal laws.
Jurisdictions could also cite relevant local data on
housing needs regarding STEP (e.g., housing needs
allocations from their county or the county's overall
housing needs allocations), or housing policies from
their comprehensive plan.
Jurisdictions could also include statements
summarizing the process of developing and approving
the regulations, such as what information was
considered when the ordinance was drafted, what the
planning commission recommendations were, whether
there was a public hearing(s), and when Washington
State Environmental Policy Act requirements were
considered if applicable.
7.B.c
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Model Ordinance Section/Sub-section Additional Considerations
H) A city or county is prohibited from imposing different requirements on affordable housing developments (e.g.,
permanent supportive housing, transitional housing or emergency housing with a lease) than those imposed on
housing developments generally. However, exceptions are allowed for preferential treatment towards affordable
housing developments aimed at specific groups such as individuals experiencing homelessness, farmworkers,
persons with disabilities, seniors or low-income households. Preferential treatment may include fee reductions or
waivers, adjustments to architectural or site development requirements, or other measures aimed at reducing
development or operating costs. (RCW 36.130.020)
I) If a city, county or other local government entity is a funder of the project, the city can put regulations or
restrictions on operators of affordable housing.
J) Any city or county must allow an increased density bonus consistent with local needs for any affordable housing
development of any single-family or multifamily residence located on real property owned or controlled by a
religious organization. (RCW 36.70A.545)
K) Regulatory limits on outdoor encampments, safe parking efforts, indoor overnight shelters, and temporary small
houses on property owned or controlled by a religious organization must be consistent with RCW 35.21.915 and
RCW 36.01.290.
Model Ordinance Section/Sub-section Additional Considerations
iii. Enactment Clause
Therefore, the [approving entity, for example, City Council or Board of County Commissioners, and community name]
does ordain as follows:
Enactment Clause: The enactment cause includes who
adopted the ordinance.
Model Ordinance Section/Sub-section Additional Considerations
iv. Statement of Purpose
The purpose of this ordinance is to:
A) Ensure compliance with the State of Washington’s Growth Management Act and other laws.
B) Support the implementation of [community name]’s comprehensive plan.
Statement of Purpose: A statement of purpose typically
discusses the ordinance's goals, such as ensuring compliance
with state and federal laws and the comprehensive plan. Goals
might incorporate specific excerpts from laws and the
comprehensive plan that the ordinance addresses.
Specific goals will vary by jurisdiction but might include a goal
related to ensuring STEP tenants and clients have access to
7.B.c
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Model Ordinance Section/Sub-section Additional Considerations
C) Encourage the development of emergency housing, emergency shelters, permanent supportive housing
and transitional housing consistent with best practices for these development types to help address local
housing needs.
D) Direct STEP development to areas with existing amenities, like jobs, services and transit, to ensure
occupants have access to opportunities.
E) Protect the health, safety and welfare of the individuals served by these development types and the
broader community.
transportation, jobs and other services, and a goal related to
supporting the broader community with the code.
Model Ordinance Section/Sub-section Additional Considerations
II. Definitions
The following definitions shall be applied. Words in the singular number shall include the plural, and the plural
shall include the singular.
Statutory required definitions:
1) Emergency housing means temporary indoor accommodations for individuals or families who are
homeless or at imminent risk of becoming homeless that is intended to address the basic health, food,
clothing and personal hygiene needs of individuals or families. Emergency housing may or may not
require occupants to enter into a lease or an occupancy agreement. (RCW 36.70A.030(14))
2) Emergency shelter means a facility that provides a temporary shelter for individuals or families who are
currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy
agreement. Emergency shelter facilities may include day and warming centers that do not provide
overnight accommodations. (RCW 36.70A.030(15))
3) Permanent supportive housing is subsidized, leased housing with no limit on length of stay that prioritizes
people who need comprehensive support services to retain tenancy and utilizes admissions practices
designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental
housing, especially related to rental history, criminal history and personal behaviors. Permanent
supportive housing is paired with on-site or off-site voluntary services designed to support a person living
Definitions: Commerce intends for this model ordinance to
support jurisdictions in following requirements established by
the Growth Management Act and the state's definitions of STEP.
To ensure consistency across the state, jurisdictions should use
Washington state's definitions included here under statutory
required definitions; while the other definitions are optional.38
Jurisdictions may define housing and shelter types not defined
by the state, so long as they are not inconsistent with state law.
If there are questions, consult with your jurisdiction's attorney or
with Commerce staff. For example, one county and city in
Washington state made conscious efforts to align their
language and processes to help reduce development barriers
like unclear or inconsistent regulation language. Other
jurisdictions worked with local housing providers to develop
language for additional terms and definitions for temporary
shelter and accommodations that the providers intended to
develop.
Jurisdictions should also avoid vagueness in their definitions
and throughout their ordinance.
38 Cities and counties are not required to use the exact same terms as the state statutes. However, using different definitions than those in the state statutes may result in
inconsistencies and noncompliance with the law. Therefore, Commerce recommends following the definitions included in the state statutes as this poses the least risk.
7.B.c
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Model Ordinance Section/Sub-section Additional Considerations
with a complex and disabling behavioral health or physical health condition who was experiencing
homelessness or was at imminent risk of homelessness prior to moving into housing to retain their
housing and be a successful tenant in a housing arrangement, improve the resident's health status, and
connect the resident of the housing with community-based health care, treatment or employment
services. Permanent supportive housing is subject to all of the rights and responsibilities defined in
chapter 59.18 RCW. (RCW 36.70A.030(31))
4) Religious organization means the federally protected practice of a recognized religious assembly, school
or institution that owns or controls real property. (RCW 36.01.290(6)(c))
5) Tiny houses, including tiny houses on wheels, are defined as dwellings to be used as permanent housing
with permanent provisions for living, sleeping, eating, cooking and sanitation built in accordance with the
state building code. (RCW 35.21.686)
6) Transitional housing means a project that provides housing and supportive services to homeless persons
or families and that has as its purpose facilitating the movement of homeless persons and families into
independent living, generally in less than two years. (RCW 84.36.043(3)(c), updated by Commerce)
Statutory optional definitions:
7) 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:
For rental housing, 60 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
For owner-occupied housing, 80 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. (RCW 36.70A.030(5))
Religious organization: The definition provided in the model
ordinance applies to counties and "hosting the homeless." It is
likely that a local government may need to use a broader
definition than just one that owns or controls property in other
contexts. This definition is just for the purpose of RCW
36.01.290 and RCW 36.70A.545. It is not required to be used
more broadly.
Temporary: The definition included in the model ordinance
applies to the person and how long they reside there, not the
structure or length of time for the land use.
Affordable housing development, with respect to RCW
36.130.020, means a housing development in which at least
twenty-five percent of the dwelling units within the development
are set aside for or are occupied by low-income households at a
sales price or rent amount that is considered affordable by a
federal, state or local government housing program. (RCW
36.130.010) Indoor emergency housing or transitional housing
that is administered through a lease or occupancy agreement
and permanent supportive housing are determined to be
affordable housing under RCW 36.130.020. (Draft WAC Changes
- 365-196-Part 4 - March 2024)
Tiny shelters: Because communities are seeing non-standard
types of STEP being purposed, some may consider adding a
definition for tiny shelters. Tiny shelters are temporary shelters
that do not have the amenities of a single dwelling unit and rely
on shared facilities for dining, laundry and bathrooms. The
structure may or may not be on a foundation.
7.B.c
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Model Ordinance Section/Sub-section Additional Considerations
III. Substantive Provisions
Locations for STEP:
Indoor emergency shelters and indoor emergency
housing are permitted in any zone in which hotels are
allowed [relevant code section numbers]. [OR] Indoor
emergency shelters and indoor emergency housing are
permitted in [XX, XX, and XX zones], representing more
than 50% of zones within one-mile proximity to transit
[relevant code section numbers].
Permanent supportive housing and transitional housing
are permitted in any zones where residential dwelling
units or hotels are allowed [relevant code section
numbers].
Zoning Matrix:
Jurisdictions can use the zoning matrix to update their
land use tables.
Permitted by right in
areas zoned for:
Hotels/
motels
Single-
family
homes
Multi-
family
housing
Emergency Shelter P*
Transitional housing P P P
Emergency housing P*
Permanent
supportive housing P P P
P = Permitted
*Unless an ordinance has been adopted authorizing indoor
emergency shelters and indoor emergency housing in over
50 percent of zones within one mile of transit.
Same treatment: Transitional housing and emergency housing with a lease and permanent supportive housing should
be treated the same as other housing types in local regulations. RCW 36.130.020 states a city, county or other local
governmental entity or agency may not adopt, impose or enforce requirements on an affordable housing development
that are different from the requirements imposed on housing developments generally. Therefore, the substantive
provisions section may be most applicable to emergency shelter and emergency housing regulations.
Preferential treatment: However, this law does not prohibit local governments from extending preferential treatment to
affordable housing developments, including, but not limited to a reduction or waiver of fees, changes in applicable
requirements, or other treatment that reduces or is likely to reduce the development or operating costs of a
development. If a local government provides preferential treatment to affordable housing developments of any kind,
they must also provide the same benefits and conditions to permanent supportive housing and transitional housing
and emergency housing with leases.
If a jurisdiction provides a benefit for these development types, it may include requirements proportional to that
benefit. For example, if a project receives a Multi-Family Tax Exemption, it will need to meet the requirements of that
program.39 If a project receives a parking waiver, a jurisdiction may request the project submit a parking management
plan. These requirements must apply to all projects that receive the benefit (not just a subset).
By right zoning and conditional use processes: To support STEP projects, jurisdictions can clearly outline the
permitting process in their ordinances, including what approvals are required, who makes the decision and what the
decision criteria and expected timeline are. Conditional use processes and public hearings for STEP permit
applications can create uncertainty for applicants and add extra time and costs to projects. Therefore, if an application
meets all the requirements, it is recommended it be subject to administrative review without a public hearing to avoid
misleading community members.
An emerging best practice is to designate STEP as a permitted use outright in the zones highlighted in the zoning
matrix on the left. To support classifying STEP as a permitted use outright with an administrative review, a jurisdiction
can adopt clear criteria for review to aid judgment in making decisions.
Recognizing that communities may still utilize conditional use processes to address community concerns in some
zones, the Department of Commerce recommends jurisdictions limit STEP permit applications to administrative review
whenever possible.
Additionally, jurisdictions' ordinances and regulations should be consistent with and implement local comprehensive
plans, which must document sufficient land use capacity for STEP. (RCW 36.70A.070(2)(c))
Occupancy, spacing and intensity of use requirements: Communities may only impose reasonable occupancy, spacing
and intensity of use limits on STEP to protect public health and safety, and any such limits must allow the siting of a
sufficient number of permanent supportive housing units and emergency housing beds necessary to accommodate
39 For more information, see the Department of Commerce’s Multi-Family Housing Property Tax Exemption Program webpage.
7.B.c
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Model Ordinance Section/Sub-section Additional Considerations
Additional Regulations:
Indoor emergency shelters, transitional housing, indoor
emergency housing and permanent supportive housing
must meet the same development and operating
regulations as permitted residential dwellings, including
adhering to building and fire codes and American
Disability Act requirements [relevant code section
numbers], to ensure consistency in health and safety
for all residents.
Minimum parking requirements are waived for all
indoor emergency shelters, transitional housing, indoor
emergency housing and permanent supportive housing
[relevant code section numbers].
Exemptions:
Exemptions to development regulations [relevant code
section numbers], including but not limited to setback
requirements, density limits, restrictions on support
spaces inside buildings (e.g., office space for tenants)
and public noticing requirements, for indoor emergency
shelters, transitional housing, emergency housing and
permanent supportive housing may be permitted with
administrative approval by [approving administrative
entity, e.g., the planning director or city engineer] to
address [community name]’s housing needs allocation
through shelter and housing forms that do not meet
building codes or other requirements. These types may
include, but are not limited to, pallet shelters and tiny
shelters. Regardless of the form, the housing or shelter
must be indoors and allow access to bathrooms and
showers.
Special Provision for Religious Organizations:
Any affordable housing development [relevant code
section numbers], including permanent supportive
housing and transitional housing with a lease, of any
single-family or multifamily residence located on real
property owned or controlled by a religious
organization is allowed an increased density bonus
consistent with local housing needs allocation with
administrative approval by [approving administrative
entity, e.g., the planning director or city engineer].
projected needs. These requirements to protect public health and safety must be justified, for example, by including a
reference to the local building and fire codes in the ordinance's findings section, to be consistent with state law and
reduce litigation risk.
Reasonable for the purposes of RCW 35A.21.430 and RCW 35.21.683 and this report, includes only those requirements
imposed to protect public health and safety. Requirements that prevent the siting of a sufficient number of permanent
supportive housing, transitional housing, indoor emergency housing or indoor emergency shelters are not reasonable.
In addition, reasonable requirements must comply with any applicable civil rights protections provided by the
Washington Law Against Discrimination, the Fair Housing Act, and the American with Disabilities Act. Reasonable
requirements can vary with geographic size and population of the jurisdiction and the current siting of these housing
types. Any occupancy, spacing, and intensity of use requirements should be justified by reference to building code, fire
code or other citations within an ordinance
Occupancy: Commerce recommends occupancy for emergency shelters and emergency housing be established
as required by the jurisdiction’s adopted building, fire and safety codes for other similar uses. For example, if a
jurisdiction does not have police and fire limitations for hotels, then it is not appropriate to require it of STEP types
where residents stay for short periods. Also, RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227 state cities and
counties may not regulate or limit the number of unrelated persons that may occupy a dwelling unit except as
provided for in state law.
Spacing: Any spacing requirements must be directly tied to public health and safety and documented in the
ordinance's findings. Any spacing requirements should not exceed the spacing requirements in RCW 9.94A.030
and RCW 9.94A.703, which create community protection zones of 880 feet to prevent sex offenders from living
near schools.
Intensity: With respect to STEP, intensity refers to the total number or density of people, transportation and/or
services in a single location or facility. Commerce does not recommend any blanket intensity regulations for these
use types. Standards adopted to encourage a scattered approach to the siting of these services to ensure they are
not located in only one area of the jurisdiction should consider the accessibility of services for residents, be
accompanied by documentation of sufficient land capacity and be consistent with state and local policies.
Parking requirements: These requirements should be less extensive for STEP than typical housing, as most residents
do not have vehicles. Parking should be considered for employees based on context (e.g., the development's proximity
to transit). STEP near a transit stop would require very few off-street parking spaces. If parking is required in the
municipal code, Commerce recommends that the jurisdiction accept parking studies from the applicant documenting
the number of parking spaces that are needed by the land use. Jurisdictions should look at comparable STEP
developments in similar contexts to determine projected parking needs.
Required documentation and plans: These types of regulations are only acceptable for emergency shelter, emergency
housing and transitional housing without leases under state law (RCW 36.130.020). Unless documentation and plans
are required for other similar facilities and housing types (e.g., adult family homes, nursing homes, or multfiamily
housing generally), Commerce discourages jurisdictions from adding these additional requirements for STEP and
encourages them to defer to the project's funder and insurance requirements rather than asking for them in local code.
7.B.c
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Model Ordinance Section/Sub-section Additional Considerations
Outdoor encampments, safe parking efforts, indoor
overnight shelter and temporary small houses [relevant
code section numbers] are permitted on property
owned or controlled by a religious organization and
must adhere to state regulations in RCW 35.21.915 and
RCW 36.01.290.
If jurisdictions require specific documentation, like operations, safety, training plans or something else, Commerce
recommends that they provide a sample document to further support those applying to develop STEP. It should be
clear to the applicant what is needed and who will review these documents. The reviewer should be someone with
sufficient capacity and qualifications to understand the needs and challenges of STEP, and they should use objective
approval criteria.
Jurisdictions should also limit what they require in these plans to help streamline the permitting of STEP projects. For
example, an operations agreement may provide the following:
One phone number for emergencies
Operating funding information to inform local governments of existing requirements and support a project may
have
Services plan (i.e., a description of on-site services, identification of service providers, and staff-to-client ratios)
Requirements to receive services: Because STEP funders already have project requirements for requirements to
receive services, Commerce recommends jurisdictions do not add additional requirements STEP participants need to
comply with to receive services or to access a project (e.g., IDs, documentation, income verification, etc.).
Exemptions/exclusions: Jurisdictions can review their existing regulations and any other STEP requirements to
consider types of projects that might be suitable for an exemption. For example, some jurisdictions require public
noticing requirements, but waive those for projects with confidential locations to prevent adverse effects on clients
served by domestic violence shelters and housing.
Special provision for religious organizations: Jurisdictions must allow an increased density bonus consistent with
local housing needs for any affordable housing development on property owned or controlled by a religious
organization. State law also limits jurisdictions' ability to regulate outdoor encampments, safe parking efforts, indoor
overnight shelters and temporary tiny shelters on property owned or controlled by a religious organization. To be
consistent with state law and allow more STEP to meet local housing needs, jurisdictions can ensure provisions are
included for religious organizations and permitting processes are outlined in local ordinances.
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Model Ordinance Section/Sub-section Additional Considerations
IV. Concluding Sections
i. Effective Date
[Insert code section number]. Effective date. This ordinance shall take effect [insert month, date, year].
ii. Repeals
[Insert code section number]. Repealer. The following are hereby repealed:
[Insert a list of any ordinances being corrected/repealed]
iii. Savings Clause
[Insert code section number]. Savings Clause. [insert ordinance number being repealed], which is repealed by this
ordinance, shall remain in force and effect until the effective date of this ordinance.
iv. Severability
If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance.
Concluding sections: These generic sections of the
model ordinance can be used if applicable. Otherwise,
they can be left out of a local ordinance.
For general guidance on developing this section of local
ordinances, jurisdictions can read MRSC’s Local
Ordinances for Washington Cities and Counties (2015).
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Chapter 7: Accommodating Enough STEP
To accommodate enough STEP units to address local housing needs, jurisdictions must demonstrate they have sufficient land capacity and reduce
development barriers to STEP. It is also recommended jurisdictions resist addressing all community concerns and potential project impacts with
their ordinances and regulations, and defer to funder requirements and clear communication processes with housing and service providers.
Demonstrating Sufficient Land Capacity
One of the first steps for jurisdictions to accommodate enough STEP after permitting the uses is to review if they have sufficient land zoned for
these development types, as required by state law. Local comprehensive plans must identify "sufficient land for housing, including, but not limited
to, manufactured housing, multifamily housing, group homes, foster care facilities, emergency housing, emergency shelters, [and] permanent
supportive housing," RCW 36.70A.070(2)(c).
Therefore, all fully planning jurisdictions must do a land capacity analysis to show land capacity for permanent supportive housing and emergency
housing/shelters, not just those jurisdictions that have occupancy, spacing and intensity of use requirements.40 The land capacity for emergency
housing can overlap with the land capacity information for other housing types.41 This assessment is also an opportunity for communities to
examine the gap between their housing needs and existing inventory and consider if land suitable for STEP is in areas with sufficient infrastructure
and amenities, such as transit and other services.
To determine whether jurisdictions have the land capacity for STEP, local governments can refer to Guidance for Updating your Housing Element
(Book 2) for specific steps, starting on page 41 for emergency housing and emergency shelters, grouped together in emergency housing steps, and
starting on approximately page 31 for permanent supportive housing. Approaches to determine land capacity for siting STEP can vary, but, in
general, include reviewing existing housing supply; reviewing vacant and redevelopable land in areas with access to infrastructure, transportation,
jobs and other services; and identifying if based on both intensity of STEP likely to be developed and restrictions, such as spacing or occupancy
requirements, there is sufficient capacity for STEP. Examples of land capacity analyses are also available on Commerce's EZView website.
40 This updated standard for when a land capacity analysis is required for emergency housing will be updated in Guidance for Updating your Housing Element (Housing Element
Book 2) by August 2024.
41 For example, if a jurisdiction has 2.5 acres of vacant land in the zones that allow emergency housing and emergency shelter, they can use that area in the land capacity analysis
for permanent housing needs and the land capacity analysis for emergency housing.
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Jurisdictions can also engage their local Continuum of Care (CoC)42 to understand specific STEP demands, constraints and opportunities within
their communities. These groups can share where they think STEP is more likely to be developed and at what densities.43
Jurisdictions must document their findings of sufficient land capacity for emergency housing, which includes emergency shelters, and permanent
supportive housing in their housing element, supported by more detailed analysis in supporting appendices. If jurisdictions have any occupancy,
spacing or intensity of use requirements, they must demonstrate with a quantitative and spatial analysis that there is sufficient capacity for their
housing needs allocation.
Reducing Development Barriers
Many barriers exist for developing STEP and affordable housing in general, including but not limited to:
Rising costs of land, labor, materials and insurance
High permit fees, impact fees and utility connection fees
Burdensome or unclear zoning and development regulations
Slow local permitting and approval processes
Lack of clear and accessible information on processes
Limited capacity at local jurisdictions to process applications quickly
Limited developer and workforce capacity
NIMBY (Not-In-My-Backyard) attitudes
Neighborhood covenants and restrictions
Limited subsidized funding sources
Requirements to fund new infrastructure
While local jurisdictions do not set property prices, the number of construction hours needed to complete a development or the cost of building
materials and insurance, they do control several aspects to development. Jurisdictions set permit costs, control internal approval processes that
can add to development timelines, grant fee waivers, control publicly owned land and can provide public funding for affordable housing and STEP.44
42 A CoC is a regional or local planning body that coordinates housing and services for people experiencing homelessness. It consists of representatives from service providers,
local governments and other organizations, and it is responsible for planning and allocating resources to address homelessness. (National Alliance to End Homelessness. What is a
Continuum of Care?. 2010. https://endhomelessness.org/resource/what-is-a-continuum-of-care/)
43 Visit HUD's Grantee Contact Information or the Department of Commerce's Continuum of Care webpage to find the right CoC contact. Commerce is the Collaborative Applicant for
the Washington Balance of State Continuum of Care, consisting of 34 small and medium-sized counties.
44 The Homelessness & Housing Toolkit for Cities, produced by the Association of Washington Cities and Municipal Research and Services Center (2022), provides resources and
case studies on various strategies to help communities address homelessness and affordable housing issues.
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One of the most important powers of local governing bodies that can be used to lower barriers for STEP production is their ability to control local
zoning and development rules.
To encourage more STEP development, jurisdictions can consider including regulatory or permitting incentives for STEP, such as reduced or waived
parking minimums, impact fees, linkage fees45 and system development charges (i.e., tap fees). They can provide density bonuses, streamline and
expedite permitting processes and help fund STEP (e.g., passing an affordable housing sales tax or property tax levy). They can also pay for site
improvements and utility connections and donate land for STEP projects.46
Even more important than positive incentives is avoiding local requirements that hinder rather than promote STEP development. Table 4 provides
examples of local regulations and requirements that can create barriers for STEP development and recommendations for what to do instead.
Table 4 - Local Regulatory Barriers and Alternatives
Development regulations
for STEP include:
Do this instead:
Unclear rules and requirements that are
inconsistent with state and federal laws
Make it very clear where STEP uses are allowed and what process needs to be followed for permitting.
Review the state's minimum requirements for STEP regulations to ensure they are incorporated into local
ordinances. Jurisdictions are encouraged to use STEP definitions that are consistent with the state's
definitions to make regulations more straightforward for STEP developers operating across the state. If
specific requirements are adopted for STEP, avoid vagueness that may lead to arbitrary action or is too
difficult for the average citizen to understand.
Regulations different from those for general
housing development
Treat transitional housing and emergency housing with leases and permanent supportive housing the same
as other affordable housing types, as required by law (RCW 36.130.020). Also, ensure any additional
regulations for emergency shelter and emergency housing are limited to restrictions or requirements that
are consistent with state and federal laws and have a legitimate purpose of protecting public health and
safety.
Spacing requirements (e.g., minimum
distances from parks, schools or other
facilities)
Do not include spacing requirements or minimum distances from public uses; instead, encourage STEP
development in areas with access to these types of amenities, especially public transit when it is available.
Encouraging STEP development in locations near schools, healthcare services, transportation, job
prospects and other amenities helps promote economic mobility and access to services. If jurisdictions
45 Impact fees and linkage fees are costs developers are required to pay to support shared infrastructure and services. Jurisdictions can reduce development costs for STEP and
other affordable development projects by reducing or waiving these fees. RCW 82.02.060(3) authorizes cities, counties and towns to grant impact fee exemptions for affordable
housing. RCW 35.92.380 authorizes a city or town to waive or delay collection of tap-in charges, connection fees or hookup fees for low-income persons connecting to water,
sanitary or storm sewer service, electricity, gas and other means of power and heat, and RCW 36.70A.540 authorizes affordable housing incentive programs, including fee waivers or
exemptions.
46 Jurisdictions offering these benefits should always consider tax loss information and possible repercussions on city taxes for the year.
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Development regulations
for STEP include:
Do this instead:
have any restrictions on occupancy, spacing or intensity of use, they must demonstrate with a quantitative
and spatial analysis that there is sufficient capacity for their housing needs allocation and include
reasoning for how these requirements protect public health and safety in the findings of their ordinance.
Limiting maximum densities or minimum
square footage
Do not place restrictions on STEP that are not placed on other housing or shelter types, unless it is
specifically tied to public health and safety. For STEP projects owned and/or operated by religious
organizations, allow density bonuses that are consistent with local housing needs allocations and waive
floor area ratio requirements for STEP projects with administrative approval from the local planning
director, city engineer or another local decisionmaker with sufficient capacity and expertise.
High off-street parking requirements and
ground-floor retail requirements
Waive or significantly reduce parking minimums for STEP projects because they serve individuals who often
lack a vehicle. Waive ground-floor retail requirements for STEP projects in mixed-use zones to help make
projects easier to develop and allow them to serve more people.
Limits on occupancy Do not limit the number of unrelated persons that may occupy a household or dwelling unit except for
lawful limits on occupant load per square foot or building code limits. Jurisdictions looking for assistance
should consult their building official/applicable building codes. If jurisdictions choose to have overall
occupancy requirements, they must demonstrate with a quantitative and spatial analysis that there is
sufficient capacity for their housing needs allocation and include reasoning for how these requirements
protect public health and safety in the findings of their ordinance.
Restrictions on support spaces, such as
office space, within a permanent supportive
housing building in a residential zone
Waive restrictions on support spaces, which may be considered a non-residential use, within permanent
supportive housing properties in residential zones to provide its tenants with greater access to services and
amenities that can help them become self-sufficient and stably housed long term.
Facility operating and reporting requirements Defer to projects' funding requirements and do not set requirements for STEP operations and reporting.
Often, jurisdictions do not have the expertise on staff to thoughtfully review and evaluate whether plans for
operating these types of housing and shelter are appropriate. Instead, it is recommended to defer to the
projects' funders' requirements, which often include standards for client-staff ratios, staff training and
certifications, services provided, progress reporting and more.
Requirements for coordination with local
police and fire departments
Do not require new coordination plans with local police and fire departments; instead, defer to the preferred
coordination plans of local police and fire departments. If such plans do not exist or STEP operators already
have existing preferred operations regarding coordination with local police and fire departments, defer to
these rather than requiring new plans developed specifically for each project to prevent adding a potentially
duplicative, burdensome requirement for STEP.
Arbitrary limits on operation times or
occupants (e.g., total occupants allowed or
requirements for client background checks or
sobriety) and/or requirements for additional
It is best to defer to projects' funding requirements instead of requiring operations plans or additional
specific plans of the STEP project. Do not set arbitrary limits on STEP projects' operation times or
occupants or include requirements for additional plans or agreements. Often, jurisdictions do not have the
expertise on staff to thoughtfully determine operations requirements or plan details for these types of
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Development regulations
for STEP include:
Do this instead:
plans or agreements (e.g., operations plans or
good neighbor agreements)
housing and shelter, so it is best to defer to the projects' funders' requirements, which often include client
eligibility requirements and standards for these projects' operations and services.
Conditional use permits, design review
requirements47 and discretionary review
processes48
Allow STEP outright as a permitted use ("by-right" zoning) in designated zones, do not include requirements
and permitting steps different from those for other affordable housing types, and expedite permitting
processes for STEP projects when possible.49 To support classifying STEP as a permitted use outright with
an administrative review, a jurisdiction can adopt clear criteria for review to aid judgment in making
decisions.
Addressing Potential Community Concerns
As jurisdictions develop and implement their ordinances, community concerns related to perceived challenges of STEP may arise. To encourage
STEP development, jurisdictions can use strategies outside of their local zoning and development regulations to address many of these concerns.
Informational community meetings can be one way to identify community concerns in advance, connect housing providers and residents and raise
public awareness about the benefits of STEP.
Some community concerns are already addressed or can be without creating additional local regulatory or permitting requirements for STEP. For
example:
A lack of outside oversight for STEP (e.g., requirements for financing, staff behaviors, client or resident codes of conduct, training and
services): In Washington, most STEP projects do not have any state licensing or operating requirements, which has led to community concerns
about the quality of their services, the behavior of their clients and a lack of oversight. However, STEP projects require some form of public
subsidy or funding from sources that comes with specific eligibility requirements (e.g., requirements for client-staff ratios, staff training or
47 RCW 36.70A and RCW 36.70B were updated in 2023 to streamline local design review processes, requiring “clear and objective” standards that do not reduce development
capacity otherwise allowed. Any design review process must be conducted concurrently, or otherwise logically integrated, with the consolidated review and decision process for
project permits set forth in RCW 36.70B.120(3). No design review process may include more than one public meeting. A county or city must comply with these requirements
beginning six months after its next periodic update required under RCW 36.70A.130. Local governments are encouraged to expedite permits that include affordable housing, as
defined in HB 1293 (2023), which provides additional flexibility in defining affordability. The provisions do not apply to regulations specific to designated landmarks or historic
districts established under a local preservation ordinance.
48 For a list of uses that require a public hearing, see Appendix C, page 31, of Local Ordinances For Washington Cities and Counties.
49 The City of Port Townsend and Jefferson County worked closely together to expedite the permitting for a specific project that incorporates safe parking, a tiny house village and
permanent supportive housing on the same piece of county-owned property. Seattle also has implemented an expedited permitting process to encourage STEP production, including
exempting permanent supportive housing projects from design review. For more information on how jurisdictions in Washington are helping reduce development barriers for STEP,
see the Department of Commerce's STEP Case Studies.
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certifications, documentation and reporting). The funders who make STEP projects possible often have their own service, client and staff
standards, so additional local requirements can be duplicative and become burdensome for STEP projects. In most cases, it is not possible to
build STEP projects without some form of public funding (e.g., a combination of state and LIHTC funding), and all public sources of funding
have regulatory requirements developers must meet.50
Making support services optional: Some community members may be concerned about making support services optional for STEP clients.
However, support services should not be mandatory so that STEP projects do not unintentionally discriminate against clients for religious
reasons or because they are hesitant to receive outside assistance. When these services are optional, tenants can drive the type, duration and
initiation of services. Studies also show voluntary services are more effective at engaging people to participate in services than mandatory
services.51 Additionally, while services are optional for the participant in permanent supportive housing, they are a core component of it and thus
not optional for the operator.
Unfair evictions: Washington residents are concerned about unfair evictions for renters in leased STEP projects. However, any rental requiring
leases must adhere to laws established by Washington State’s Residential-Landlord Tenant Act, so tenants are already protected under law.52
Lack of behavioral health support: The shortage of healthcare professionals, such as clinicians, long-term care support and social workers, is
not only affecting the homeless population in Washington but also everyone else. Instead of imposing difficult staffing or service requirements
for STEP, defer to the requirements of the entity funding the project for specific requirements for providers and staffing because they
understand the needs of residents, best practices and support and staff availability.
Unaddressed health and safety concerns of shelter and housing (e.g., unmaintained buildings and littered properties): All residential
development projects, including STEP, should prioritize the safety and maintenance of their properties for the benefit of their clients, tenants
and staff. To ensure that all Washington residents are equally protected, local code enforcement should enforce the same occupancy
requirements (e.g., max persons per room) and minimum health and safety standards for all residential projects.
NIMBYism (i.e., Not-In-My-Backyard mentality): In Washington communities, some residents may be opposed to the development of
affordable housing in their neighborhood, which can be a major obstacle for STEP in jurisdictions where public input has the power to influence
or prevent a project from being built. To overcome this, local governments can reduce discretionary review processes53 for STEP permitting and
allow STEP to be permitted administratively, and they can help educate the public about the importance of affordable housing and STEP. The
50 See "Requirements Associated with State and Federal Funding" in Chapter 3 of the STEP State of the Practice Report for more details on these requirements and links to specific
program requirements.
51 For studies on the Housing First model that show voluntary services work, see Data Visualization: The Evidence on Housing First from the National Alliance to End Homelessness.
52 For more information, see the Benton-Franklin Rental Owners Association's Summary of the Residential Landlord-Tenant Act of 1973.
53 These processes leave permit approval up to a local decision-maker's discretion and may require a public hearing.
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Department of Commerce's Housing Division developed the Permanent Supportive Housing Communications Toolkit, which includes the
following helpful materials:
Permanent Supportive Housing 101 Factsheet
Benefits of Permanent Supportive Housing Factsheet
Building a Community of Support guidance
Common Community Concerns FAQ: Understand and Respond
Considerations for Rural and Urban Communities
Amplifying the Voices of People in Need of Permanent Supportive Housing Factsheet
Lessons Learned Factsheet
The Importance of Messaging Factsheet
Understanding how Permanent Supportive Housing (PSH) Operates Factsheet
Local authorities can help residents become open to unfamiliar housing types and encourage STEP developers and operators to become
actively involved in the community by inviting them to attend local meetings and events. Regularly convening residents and STEP partners to
discuss community needs and concerns can be an effective strategy to help address NIMBYism. It is important to control how large these
meetings between residents and STEP partners are (e.g., max 15 people), who is invited (e.g., neighborhood leadership, local service providers
and advisory groups) and what the format is (e.g., local planning staff serve as conveners and facilitate the meeting, serving as a mediator, if
necessary, between residents and STEP partners).
Lack of control over neighborhood character: In Washington, some residents may feel that they have no control over the development that
takes place in their neighborhood. To address this concern, local jurisdictions can involve community members and STEP partners in
discussions about local policies and regulations that guide future development. Jurisdictions should already include robust public engagement
opportunities as part of their comprehensive planning processes to ensure that residents have a say in the future of their community. Local
ordinances should align with jurisdictions' comprehensive plans and development of local ordinances usually includes an opportunity for
community input, so these opportunities are a way residents can influence neighborhood regulations and character as well. It is important to
note that local ordinances that mandate public outreach and engagement for affordable housing projects but not for other residential projects
may violate fair housing laws and other state and federal regulations.
The Department of Commerce encourages jurisdictions to plan for and raise awareness about the benefits of STEP in their housing planning
processes. By taking this proactive approach, jurisdictions can reduce the need for engagement related to specific projects and streamline
permitting processes for STEP. Assuming that a STEP project is to be administratively approved, local planning staff can also host a community
meeting to help inform residents about a specific project in their neighborhood. A community meeting differs from an open record
hearing/public hearing because community members cannot influence whether the STEP project moves forward, and the meeting is only for
informational purposes.
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When STEP providers do not comply with funders’ requirements: In situations where STEP service providers/property owners do not comply
with funder requirements or standards, a local government should first notify the property owner of the concerns to determine whether the
issues could be rectified. If the owner’s response is not sufficient, the local government may consult with the relevant state agency/funder to
understand whether state oversight or resources could be used to address the concerns. Lastly, if providers/property owners remain out of
compliance, a local government may utilize its code enforcement tools, as it would with any other nuisance property or landlord.
Sex offenders near children: Some local regulations in Washington currently impose potentially discriminatory distancing requirements for
STEP related to parks, schools and daycare centers. Community protection zones for STEP projects are not needed because Washington state
law already establishes an 880-foot community protection zone around public and private schools to regulate the residency of level two and
three sex offenders (RCW9.94A.030(6)). Furthermore, policies that prevent STEP from being built near parks, schools or other public uses can
unintentionally affect other populations experiencing homelessness such as children that need access to these services.
Crime and substance abuse: STEP that is well managed can be a neighborhood asset that creates the conditions necessary for everyone to
thrive and have access to support services. Many STEP developments also provide resources to the community regarding any concerns that
may require immediate intervention. These developments employ staff with expertise in supporting people in transition from homelessness,
including crisis intervention and security. Staff work with STEP clients and residents to comply with shelter and housing rules and are trained to
de-escalate difficult situations before they become emergencies through onsite or mobile support. Staff serve as a point of contact for
community members to discuss and address concerns as they emerge.54 Several studies on permanent supportive housing found no evidence
that the development of these facilities leads to increased rates of crime.55
While sobriety is an important goal for many individuals, many studies56 have found that imposing strict sobriety requirements as a condition of
housing can be counterproductive and exacerbate homelessness. By providing stable housing and other services, STEP projects can help
individuals take the steps to improve their health and well-being, address the root causes of their substance use, and connect with counseling
and other supportive services. Additionally, fair housing laws and the Americans with Disabilities Act protect people with criminal histories
related to past substance abuse.57
54 National Academies of Sciences, Engineering, and Medicine. Permanent Supportive Housing: Evaluating the Evidence for Improving Health Outcomes Among People Experiencing
Chronic Homelessness. Washington, DC: The National Academies Press. 2018. https://nap.nationalacademies.org/catalog/25133/permanent-supportive-housing-evaluating-the-
evidence-for-improving-health-outcomes
55 San Mateo County Health System, Behavioral Health and Recovery Services. The Impact of Supportive Housing on Neighborhood Crime and Property Values.
www.smchealth.org/sites/main/files/file-attachments/impact_of_supportive_housing_on_neighborhood_crime_and_propery_v2.pdf?1468431099
56 The U.S. Department of Housing and Urban Development. Housing First: A Review of the Evidence. 2023. www.huduser.gov/portal/periodicals/em/spring-summer-
23/highlight2.html
57 For more information, see The Americans With Disabilities Act, Addiction, and Recovery for State and Local Governments.
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Chapter 8: Adoption and Implementation
To encourage the development of STEP in the state of Washington, the adoption of Commerce's model ordinance and other recommendations in
this guide is highly encouraged. While the use of the model ordinance is voluntary, state laws require cities and counties planning under the Growth
Management Act to ensure their local regulations adhere to the minimum state requirements.
General tips for adoption and implementation of STEP regulations include:
Plan for adoption at the beginning: Preparing for adoption should begin with establishing how this work will fit into your jurisdiction's upcoming
annual work plan or periodic update work plan. Establish a critical path and work backward from desired legislative action dates with the city
council, board of county commissioners or other approving entity. Allow for some cushion in case more time is needed to respond to public and
decision-maker comments, as well as provide time to consider land capacity if spacing, occupancy or intensity of use restrictions are
considered.
Engage decision makers along the way: Addressing critical housing needs and defining regulations for STEP can raise concerns from a range
of stakeholders, including elected and appointed officials. Engaging with decision-makers early and continuously will create a smoother path for
the adoption process.
Work with attorneys: Jurisdictions should work with an attorney or the Department of Commerce to ensure their local ordinances are consistent
with state and federal law before adoption. After adoption, jurisdictions may still need to work with attorneys to deal with compliance issues in
administering the ordinance. For example, an issue may arise requiring legal support to articulate a policy or procedure within the ordinance.
Jurisdictions can ensure their permit requirements for STEP are as objective as possible to ensure their decisions are legally defensible.
Raise awareness about the benefits of STEP: To further support jurisdictions in the adoption and implementation of their ordinances related to
STEP, the Department of Commerce is developing the STEP Communications Toolkit, including a sample staff report and other materials to help
local planning staff, appointed and elected officials and others communicate the benefits, challenges and best practices associated with
planning for STEP. These tools will be coordinated and consistent with the Department of Commerce Housing Division’s Permanent Supportive
Housing Communications Toolkit. Commerce's STEP Communications Toolkit is available on the Updating GMA Housing Elements webpage.
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Appendix
Methodology
From February 2024 through July 2024, Commerce is working with Abt Global and the Corporation for Supportive Housing (the project team) to
create a STEP Model Ordinance, User Guide and Best Practices Report and Communications Toolkit. The following includes the project team's
methodology for drafting the STEP Model Ordinance, User Guide and Best Practices Report.
Establish an Advisory Committee
To inform the model ordinance and its supplemental materials, the project team established an advisory committee including representatives from
individual jurisdictions who have regulated types of STEP in their communities, STEP developers, and stakeholders who were involved in the
development of HB 1220 or overall housing policy development in Washington. The project team convened this committee three times throughout
the process to gather information and guidance.
Members include:
1. Adrian Smith, City of Port Townsend
2. Ali Brast, City of Spokane
3. Blake Lyon, City of Bellingham
4. Bryan Snodgrass, City of Vancouver
5. Bryce Yadon, Futurewise
6. Carl Schroeder, Association of Washington Cities
7. Chris Collier, Alliance for Housing Affordability at Housing Authority of Snohomish County
8. Colin Morgan-Cross, Mercy Housing
9. Curtis Steinhauer, Washington State Association of Counties
10. Dee Caputo, FAICP, Washington State Department of Commerce, Growth Management Services (Retired)
11. Glen DeVries, City of Wenatchee
12. Lauren Fay, Downtown Emergency Services Center (DESC)
13. Mario Williams-Sweet, King County
14. Mary May, GS Consulting
Analyze the Existing State of the Practice
To better understand the current environment and best practices regarding STEP, the project team cataloged relevant state and federal laws,
reviewed other communities’ model ordinances and analyzed local jurisdictions' existing regulations from February to April 2024. The project
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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 41
team's research included conducting virtual interviews and small groups with representatives from local planning departments and other STEP
stakeholders, including:
City of Federal Way
City of Kenmore
City of Kent
City of Langley
City of Olympia
GS Consulting, Affordable Housing Consultant
King County
Lewis County
Snohomish County
Plymouth Housing
Washington State Department of Health
Abt documented and synthesized the results of these information-gathering activities in a State of the Practice Report identifying best practices and
local needs to guide the design of the model ordinance and its supplemental materials.
Study Local Implementation Successes
In March and April 2024, the project team studied the successful implementation of STEP ordinances and development in four different
jurisdictions in Washington state, including the City of Spokane, the City of Vancouver, the City of Wenatchee and King County. The team selected
localities of varying sizes and locations throughout the state to conduct interviews and gather information for case studies. The lessons learned
from these studies informed the model ordinance and its supplemental materials and are compiled in the STEP Case Studies Report.
Facilitate a 30-day Public Comment Period and Targeted Engagement
The project team facilitated a 30-day public comment period before finalizing the STEP Model Ordinance, User Guide and Best Practices Report. To
gather feedback during this time, Commerce broadly distributed the draft model ordinance to Washington’s local governments, behavioral health
providers and other interested parties to give them the opportunity to provide comments. The team also conducted an online webinar on May 14,
2024, and presented at existing meetings with targeted groups. The project team analyzed all the comments collected over the public comment
period and used that feedback to inform the final model ordinance and its supplemental materials.
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Planning Board Agenda Item
Meeting Date: 03/26/2025
Residential Parking Code Updates (AMD2025-0005)
Staff Lead: Mike Clugston
Department: Planning Division
Prepared By: Michael Clugston
Background/History
The Legislature recently passed several bills which amended the Growth Management Act (GMA) and
municipal code requirements for residential parking. The laws require local governments like Edmonds
to update parking requirements for ADUs, multifamily residential, and related standards to facilitate
housing construction. Excessive off-street parking requirements create unnecessary expense and use
valuable land that could otherwise be devoted to the development of dwelling units, particularly where
the units are near transit service.
Staff Recommendation
Review the attached session laws and summaries. Staff will provide a brief presentation and there will
be an opportunity for discussion and Q/A on March 26. Staff will create a redline/strikeout version of
the parking code and related sections that need to be updated for Board review, tentatively scheduled
for April 9. A Board recommendation to Council about the proposed changes is tentatively due on May
14.
Narrative
HB 6015 (Attachment 1) requires the City’s general parking regulations to be analyzed for consistency
with the following standards and updated as necessary [the associated annotation indicates if/how the
standard will be addressed]:
• Garages and carports may not be required as a way to meet minimum parking requirements for
residential development. [No change needed; this is not a current requirement in the code.]
• Parking spaces that count towards minimum parking requirements may be enclosed or
unenclosed. [No change needed; existing code is consistent with this standard.]
• Parking spaces in tandem count towards meeting minimum parking requirements at a rate of
one space for every 20 linear feet, with any necessary provisions for turning radius. [Possible
change to ECDC 17.50 - Off-Street Parking Regulations and consulting with Engineering Division
on possible change to ECDC 18.95 - Parking Lot Construction.]
• The existence of non-conforming gravel surfacing in existing designated parking areas may not
be a reason for prohibiting the use of existing space in the parking area to meet local parking
standards. [Possible change to ECDC 17.50 - Off-Street Parking Regulations and consulting with
Engineering Division on possible change to ECDC 18.95 - Parking Lot Construction.]
• Parking spaces may not be required to exceed 8 feet by 20 feet, except for required parking for
people with disabilities. [Possible change to ECDC 17.50 - Off-Street Parking Regulations and
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consulting with Engineering Division on possible change to ECDC 18.95 - Parking Lot
Construction.]
• Parking spaces that consist of grass block pavers may count towards minimum parking
regulations. [Possible change to ECDC 17.50 - Off-Street Parking Regulations and consulting with
Engineering Division on possible change to ECDC 18.95 - Parking Lot Construction.]
SB 6617 (Attachment 2) prohibits requiring parking for ADUs within 0.25 miles of a major transit stop.
The City has been complying with this requirement since July 1, 2021 but is now codifying the
requirement in the Edmonds Community Development Code. The definition of “major transit stop” from
RCW 36.70A.030(25) will also be added to ECDC Title 21 - Definitions or linked out for reference.
SB 2343 (Attachment 3) contains limits on parking for affordable, senior, and market rate multifamily
housing for units constructed after July 1, 2019.
For affordable housing units that are affordable to very low-income or extremely low-income individuals
and located within 0.25 miles of a transit stop receiving transit service at least two times per hour for 12
or more hours per day, minimum residential parking requirements may be no greater than one parking
space per bedroom or 0.75 spaces per unit.
Similarly, for housing units specifically for seniors or people with disabilities that are located within 0.25
miles of a transit stop that receives transit service at least four times per hour for 12 or more hours per
day, minimum residential parking requirements may not be imposed, with exceptions.
In each case above, the City may require a covenant that prohibits rental to anyone other than the
qualified tenants.
Finally, for market rate multifamily housing units that are located within 0.25 miles of a transit stop that
receives transit service from at least one route that provides service at least four times per hour for 12
or more hours per day, minimum residential parking requirements may be no greater than one parking
space per bedroom or 0.75 space per unit.
Some minor changes to the multifamily parking requirements in ECDC 17.50.020 will be needed to
implement these requirements. Definitions for “affordable housing”, “low income household”, “very
low income household”, and “extremely low-income household” from RCW 36.70A.030 will also be
added to ECDC Title 21 - Definitions or linked out for reference.
Based on initial research, the regular Community Transit bus routes through Edmonds make at least two
stops per hour. The BRT stops along Highway 99 make at least four stops per hour. Each of those stops
has been or will be mapped and added to the City’s GIS for reference, particularly during permitting so
that the appropriate parking requirements can be determined.
Current bills in the Legislature that could impact parking
There are a number of bills under consideration in the current legislative session (see weblink) that
would need to be addressed in a future code update should they become law. In particular, SB 5184
would require repealing most existing parking space requirements in ECDC 17.50.020 and establishing a
0.5 stall per dwelling unit maximum and a maximum of 1.0 stalls per 1,000 sq. ft. of commercial space.
Existing standards were adapted many years ago from the ITE Trip and Parking Generation Manual and
vary widely based on use.
Attachments:
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Attachment 1 - SB 6015 (2024) Residential Parking law and summary
Attachment 2 - SB 6617 (2020) ADU Parking law and summary
Attachment 3 - HB 2343 (2020) Multifamily Residential Parking law and summary
Parking bills under consideration
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CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 6015
Chapter 274, Laws of 2024
68th Legislature
2024 Regular Session
MINIMUM PARKING REQUIREMENTS—RESIDENTIAL DEVELOPMENT
EFFECTIVE DATE: June 6, 2024
Passed by the Senate March 4, 2024
Yeas 28 Nays 21
DENNY HECK
President of the Senate
Passed by the House February 29, 2024
Yeas 95 Nays 1
LAURIE JINKINS
Speaker of the House of
Representatives
CERTIFICATE
I, Sarah Bannister, Secretary of
the Senate of the State of
Washington, do hereby certify that
the attached is SUBSTITUTE SENATE
BILL 6015 as passed by the Senate
and the House of Representatives on
the dates hereon set forth.
SARAH BANNISTER
Secretary
Approved March 26, 2024 9:43 AM FILED
March 27, 2024
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
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AN ACT Relating to parking configurations for residential uses; 1
and adding a new section to chapter 36.70A RCW.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. A new section is added to chapter 36.70A 4
RCW to read as follows:5
(1) Cities and counties planning under this chapter shall enforce 6
land use regulations for residential development as provided in this 7
section:8
(a) Garages and carports may not be required as a way to meet 9
minimum parking requirements for residential development;10
(b) Parking spaces that count towards minimum parking 11
requirements may be enclosed or unenclosed;12
(c) Parking spaces in tandem must count towards meeting minimum 13
parking requirements at a rate of one space for every 20 linear feet 14
with any necessary provisions for turning radius. For purposes of 15
this subsection, "tandem" is defined as having two or more vehicles, 16
one in front of or behind the others with a single means of ingress 17
and egress;18
(d) Existence of legally nonconforming gravel surfacing in 19
existing designated parking areas may not be a reason for prohibiting 20
SUBSTITUTE SENATE BILL 6015
AS AMENDED BY THE HOUSE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By Senate Local Government, Land Use & Tribal Affairs (originally
sponsored by Senators Shewmake, Kuderer, and Liias)
READ FIRST TIME 01/31/24.
p. 1 SSB 6015.SL
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utilization of existing space in the parking area to meet local 1
parking standards, up to a maximum of six parking spaces;2
(e) Parking spaces may not be required to exceed eight feet by 20 3
feet, except for required parking for people with disabilities;4
(f) Any county planning under this chapter, and any cities within 5
those counties with a population greater than 6,000, may not require 6
off-street parking as a condition of permitting a residential project 7
if compliance with tree retention would otherwise make a proposed 8
residential development or redevelopment infeasible; and9
(g) Parking spaces that consist of grass block pavers may count 10
toward minimum parking requirements.11
(2) Existing parking spaces that do not conform to the 12
requirements of this section by the effective date of this act are 13
not required to be modified or resized, except for compliance with 14
the Americans with disabilities act. Existing paved parking lots are 15
not required to change the size of existing parking spaces during 16
resurfacing if doing so will be more costly or require significant 17
reconfiguration of the parking space locations.18
(3) The provisions in subsection (1) of this section do not apply 19
to portions of cities within a one-mile radius of a commercial 20
airport in Washington with at least 9,000,000 annual enplanements.21
Passed by the Senate March 4, 2024.
Passed by the House February 29, 2024.
Approved by the Governor March 26, 2024.
Filed in Office of Secretary of State March 27, 2024.
--- END ---
p. 2 SSB 6015.SL
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FINAL BILL REPORT
SSB 6015
C 274 L 24
Synopsis as Enacted
Brief Description: Concerning residential parking configurations.
Sponsors: Senate Committee on Local Government, Land Use & Tribal Affairs (originally
sponsored by Senators Shewmake, Kuderer and Liias).
Senate Committee on Local Government, Land Use & Tribal Affairs
House Committee on Local Government
Background: Growth Management Act. The Growth Management Act (GMA) is the
comprehensive land use planning framework for counties and cities in Washington. The
GMA establishes land-use designation and environmental protection requirements for all
Washington counties and cities. The GMA also establishes a significantly wider array of
planning duties for 28 counties, and the cities within those counties, obligated to satisfy all
planning requirements of the GMA. These jurisdictions are sometimes said to be fully
planning under the GMA.
The GMA also directs fully planning jurisdictions to adopt internally consistent
comprehensive land use plans. Comprehensive plans are implemented through locally
adopted development regulations, and both the plans and the local regulations are subject to
review and revision requirements prescribed in the GMA. A comprehensive plan must be
reviewed and, if necessary, revised every ten years to ensure that it complies with the GMA.
When developing their comprehensive plans, counties and cities must consider various
goals set forth in statute.
Minimum Residential Parking Requirements. Minimum residential parking requirements
mandated by municipal zoning ordinances of cities and counties planning under the GMA
are subject to the following requirements:
for affordable housing units that are affordable to very low-income or extremely low-
income individuals and located within one-quarter mile of a transit stop receiving
transit service at least two times per hour for 12 or more hours a day, minimum
residential parking requirements may be no greater than one parking space per
•
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
SSB 6015- 1 -Senate Bill Report
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bedroom or a three-quarter space per unit;
for housing units specifically for seniors or people with disabilities and located within
one-quarter mile of a transit stop receiving transit service at least four times per hour
for 12 or more hours a day, a city may not impose minimum residential parking
requirements for the residents of such housing units;
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
housing for seniors or people with disabilities; and
1.
•
for market rate multifamily housing units located within one-quarter mile of a transit
stop that receives transit service from at least one route that provides service at least
four times per hour for 12 or more hours per day, minimum residential parking
requirements may be no greater than one parking space per bedroom or a three-
quarter space per unit.
•
A city may establish a requirement for the provision of additional parking space per
bedroom or 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.
Minimum Parking Standards for Middle Housing Types. Cities that are required or choose
to plan under the GMA may not:
require off-street parking as a condition of permitting development of middle housing
within one-half mile walking distance of a major transit stop;
•
require more than one off-street parking space per unit as a condition of permitting
development of middle housing on lots smaller than 6000 square feet; and
•
require more than two off-street parking spaces per unit as a condition of permitting
development of middle housing on lots greater than 6000 square feet.
•
These minimum parking standards do not apply:
if a local government submits to the Department of Commerce an empirical study that
clearly demonstrates the application of the parking limitations will be significantly
less safe for vehicle drivers or passengers, pedestrians, or bicycles; or
•
to portions of cities within a one-mile radius of a commercial airport in Washington
with at least 9 million enplanements.
•
Cities and counties that are required or choose to plan under the GMA are subject to the
same off-street parking standards when permitting the development of accessory dwelling
units (ADUs). A city may not require the provision of off-street parking for ADUs within
one-quarter mile of a major transit stop unless the city has determined the ADU 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 ADU.
Summary: Cities and counties must enforce the following land use regulations for
residential development:
SSB 6015- 2 -Senate Bill Report
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garages and carports may not be required as a way to meet minimum parking
requirements for residential development;
•
parking spaces that count towards minimum parking requirements may be enclosed or
unenclosed;
•
parking spaces in tandem count towards meeting minimum parking requirements at a
rate of one space for every 20 linear feet, with any necessary provisions for turning
radius;
•
the existence of non-conforming gravel surfacing in existing designated parking areas
may not be a reason for prohibiting the use of existing space in the parking area to
meet local parking standards;
•
parking spaces may not be required to exceed 8 feet by 20 feet, except for required
parking for people with disabilities; and
•
parking spaces that consist of grass block pavers may count towards minimum
parking regulations.
•
Existing parking spaces that do not conform to these requirements are not required to be
modified or resized, except for compliance with the Americans with Disabilities Act.
Existing paved parking lots are not required to change the size of existing parking paces
during resurfacing if doing so will be more costly or require significant reconfiguration of
the parking space locations.
Any county planning under the GMA, and any city within the county with a population
greater than 6,000, may not require off-street parking as a condition of permitting a
residential project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
Portions of cities within a one-mile radius of a commercial airport with at least 9 million
annual enplanments are exempt from the requirements of this act.
Votes on Final Passage:
Senate 30 19
House 95 1 (House amended)
Senate 28 21 (Senate concurred)
Final Passage Votes
Effective:June 6, 2024
SSB 6015- 3 -Senate Bill Report
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CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 6617
Chapter 217, Laws of 2020
66th Legislature
2020 Regular Session
ACCESSORY DWELLING UNITS--OFF-STREET PARKING
EFFECTIVE DATE: June 11, 2020
Passed by the Senate March 10, 2020
Yeas 41 Nays 8
CYRUS HABIB
President of the Senate
Passed by the House March 6, 2020
Yeas 94 Nays 3
LAURIE JINKINS
Speaker of the House of
Representatives
CERTIFICATE
I, Brad Hendrickson, Secretary of
the Senate of the State of
Washington, do hereby certify that
the attached is ENGROSSED
SUBSTITUTE SENATE BILL 6617 as
passed by the Senate and the House
of Representatives on the dates
hereon set forth.
BRAD HENDRICKSON
Secretary
Approved March 27, 2020 2:59 PM FILED
March 27, 2020
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
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AN ACT Relating to accessory dwelling unit regulation; adding new1
sections to chapter 36.70A RCW; and creating a new section.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. (1) The legislature makes the following4
findings:5
(a) Washington state is experiencing a housing affordability6
crisis. Many communities across the state are in need of more housing7
for renters, across the income spectrum. Accessory dwelling units are8
frequently rented at below market rate, providing additional9
affordable housing options for renters.10
(b) Accessory dwelling units are often occupied by tenants who11
pay no rent at all; among these tenants are grandparents, adult12
children, family members with disabilities, friends going through13
life transitions, and community members in need. Accessory dwelling14
units meet the needs of these people who might otherwise require15
scarce subsidized housing space and resources.16
(c) Accessory dwelling units can meet the needs of Washington's17
growing senior population, making it possible for this population to18
age in their communities by offering senior-friendly housing, which19
prioritizes physical accessibility, in walkable communities near20
amenities essential to successful aging in place, including transit21
ENGROSSED SUBSTITUTE SENATE BILL 6617
AS AMENDED BY THE HOUSE
Passed Legislature - 2020 Regular Session
State of Washington 66th Legislature 2020 Regular Session
By Senate Housing Stability & Affordability (originally sponsored by
Senators Liias and Das)
READ FIRST TIME 02/06/20.
p. 1 ESSB 6617.SL
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and grocery stores, without requiring costly renovations of existing1
housing stock.2
(d) Homeowners who add an accessory dwelling unit may benefit3
from added income and an increased sense of security.4
(e) Siting accessory dwelling units near transit hubs and near5
public amenities can help to reduce greenhouse gas emissions by6
increasing walkability, shortening household commutes, and limiting7
sprawl.8
(2) The legislature intends to promote and encourage the creation9
of accessory dwelling units as a means to address the need for10
additional affordable housing options.11
NEW SECTION. Sec. 2. A new section is added to chapter 36.70A12
RCW to read as follows:13
The definitions in this section apply throughout sections 3 and 414
of this act unless the context clearly requires otherwise.15
(1) "Accessory dwelling unit" means a dwelling unit located on16
the same lot as a single-family housing unit, duplex, triplex,17
townhome, or other housing unit.18
(2) "Attached accessory dwelling unit" means an accessory19
dwelling unit located within or attached to a single-family housing20
unit, duplex, triplex, townhome, or other housing unit.21
(3) "City" means any city, code city, and town located in a22
county planning under RCW 36.70A.040.23
(4) "Detached accessory dwelling unit" means an accessory24
dwelling unit that consists partly or entirely of a building that is25
separate and detached from a single-family housing unit, duplex,26
triplex, townhome, or other housing unit.27
(5) "Dwelling unit" means a residential living unit that provides28
complete independent living facilities for one or more persons and29
that includes permanent provisions for living, sleeping, eating,30
cooking, and sanitation.31
(6) "Major transit stop" means:32
(a) A stop on a high capacity transportation system funded or33
expanded under the provisions of chapter 81.104 RCW;34
(b) Commuter rail stops;35
(c) Stops on rail or fixed guideway systems, including36
transitways;37
(d) Stops on bus rapid transit routes or routes that run on high38
occupancy vehicle lanes; or39
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(e) Stops for a bus or other transit mode providing fixed route1
service at intervals of at least fifteen minutes during the peak2
hours of operation.3
NEW SECTION. Sec. 3. A new section is added to chapter 36.70A4
RCW to read as follows:5
(1) Cities must adopt or amend by ordinance, and incorporate into6
their development regulations, zoning regulations, and other official7
controls the requirements of section 4 of this act to take effect by8
July 1, 2021.9
(2) Beginning July 1, 2021, the requirements of section 4 of this10
act:11
(a) Apply and take effect in any city that has not adopted or12
amended ordinances, regulations, or other official controls as13
required under this section; and14
(b) Supersede, preempt, and invalidate any local development15
regulations that conflict with section 4 of this act.16
NEW SECTION. Sec. 4. A new section is added to chapter 36.70A17
RCW to read as follows:18
(1) Except as provided in subsection (2) and (3) of this section,19
through ordinances, development regulations, zoning regulations, and20
other official controls as required under section 3 of this act,21
cities may not require the provision of off-street parking for22
accessory dwelling units within one-quarter mile of a major transit23
stop.24
(2) A city may require the provision of off-street parking for an25
accessory dwelling unit located within one-quarter mile of a major26
transit stop if the city has determined that the accessory dwelling27
unit is in an area with a lack of access to street parking capacity,28
physical space impediments, or other reasons supported by evidence29
that would make on-street parking infeasible for the accessory30
dwelling unit.31
(3) A city that has adopted or substantively amended accessory32
dwelling unit regulations within the four years previous to the33
effective date of this section is not subject to the requirements of34
this section.35
NEW SECTION. Sec. 5. A new section is added to chapter 36.70A36
RCW to read as follows:37
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Nothing in this act modifies or limits any rights or interests1
legally recorded in the governing documents of associations subject2
to chapter 64.32, 64.34, 64.38, or 64.90 RCW.3
Passed by the Senate March 10, 2020.
Passed by the House March 6, 2020.
Approved by the Governor March 27, 2020.
Filed in Office of Secretary of State March 27, 2020.
--- END ---
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FINAL BILL REPORT
ESSB 6617
C 217 L 20
Synopsis as Enacted
Brief Description: Concerning accessory dwelling unit regulation.
Sponsors: Senate Committee on Housing Stability & Affordability (originally sponsored by
Senators Liias and Das).
Senate Committee on Housing Stability & Affordability
House Committee on Environment & Energy
Background: Growth Management Act.The Growth Management Act (GMA) is the
comprehensive land use planning framework for county and city governments in
Washington. Enacted in 1990 and 1991, the GMA establishes numerous planning
requirements for counties and cities obligated by mandate or choice to fully plan under the
GMA and a reduced number of directives for all other counties and cities. Twenty-eight of
Washington's 39 counties, and the cities within those counties, are planning jurisdictions.
Local Planning for Accessory Apartments.Local governments are required to have
accessory apartments, commonly referred to as ADUs, provisions incorporated in their
development regulations, zoning regulations, or official controls. These provisions must be
consistent with a 1993 report from the Department of Community, Trade, and Economic
Development (CTED) that provided recommendations to the Legislature designed to
encourage the development and placement of accessory apartments in areas zoned for single-
family residential use. The CTED recommendations include standards and criteria regarding
size, parking, design, and quantity of accessory apartments. "Local government" means a
county planning under the GMA, a city with a population of over 20,000, and a county with a
population of over 125,000.
Accessory Dwelling Unit Regulation.In 2019, the Legislature encouraged fully planning
cities to take an array of specified planning actions to increase residential building capacity.
Specified planning actions relating to ADUs include authorizing attached ADUs on all
parcels containing single-family homes where the lot is at least 3200 square feet in size, and
permitting both attached and detached ADUs on all parcels containing single-family homes if
the lots are at least 4356 square feet in size. If this planning action is taken:
qualifying city ordinances or regulations could not provide for on-site parking
requirements, owner occupancy requirements, or square footage limitations below
––––––––––––––––––––––
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not a part of the legislation nor does it
constitute a statement of legislative intent.
Senate Bill Report ESSB 6617- 1 -
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1000 square feet for the ADU or prohibit the separate rental or sale of ADUs and the
primary residence;
cities would be required to set applicable impact fees at no more than the projected
impact of the ADU; and
to allow other local flexibility, ADUs would be subject to such regulations,
conditions, procedures, and limitations as determined by the local legislative
authority, and be required to follow all applicable state and federal laws and local
ordinances.
Summary: By July 1, 2021, any city within a county planning under the GMA must adopt
or amend ordinances, regulations, or other official controls that do not require the provision
of off-street parking for ADUs within 0.25 mile of a major transit stop. However, such a city
may require the provision of off-street parking for an ADU located within 0.25 mile of a
major transit stop if the city determines the ADU is in an area with a lack of access to street
parking capacity, physical space impediments, or other reasons to support that on-street
parking is infeasible for the ADU. In addition, such a city that has adopted or substantively
amended its ADU regulations within the previous four years is exempt from the new ADU
requirements regarding off-street parking. Major transit stop is defined as:
a stop on certain high capacity transportation systems;
commuter rail stops;
stops on rail or fixed guideway systems, including transitways;
stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or
stops for a bus or other transit mode providing fixed route service at intervals of at
least 15 minutes during the peak hours of operation.
Beginning July 1, 2021, the new ADU requirements apply and take effect in any GMA city
that has not adopted or amended such regulations and supersede, preempt, and invalidate any
conflicting local development regulations.
Governing documents of condominium, homeowner, and common interest ownership
associations are not modified or limited by the provisions of the bill.
Votes on Final Passage:
Senate 31 17
House 94 3 (House amended)
Senate 41 8 (Senate concurred)
Effective: June 11, 2020
Senate Bill Report ESSB 6617- 2 -
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CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 2343
Chapter 173, Laws of 2020
66th Legislature
2020 Regular Session
URBAN HOUSING SUPPLY--VARIOUS PROVISIONS
EFFECTIVE DATE: June 11, 2020
Passed by the House March 7, 2020
Yeas 92 Nays 5
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate March 3, 2020
Yeas 36 Nays 11
CYRUS HABIB
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
SUBSTITUTE HOUSE BILL 2343 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved March 27, 2020 2:15 PM FILED
March 27, 2020
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
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AN ACT Relating to urban housing supply; amending RCW 36.70A.600,1
43.21C.495, 36.70A.620, and 36.70A.610; reenacting and amending RCW2
36.70A.030; and creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 36.70A.600 and 2019 c 348 s 1 are each amended to5
read as follows:6
(1) A city planning pursuant to RCW 36.70A.040 is encouraged to7
take the following actions in order to increase its residential8
building capacity:9
(a) Authorize development in one or more areas of not fewer than10
five hundred acres that include at least one train station served by11
commuter rail or light rail with an average of at least fifty12
residential units per acre that require no more than an average of13
one on-site parking space per two bedrooms in the portions of14
multifamily zones that are located within the areas;15
(b) Authorize development in one or more areas of not fewer than16
((five)) two hundred acres in cities with a population greater than17
forty thousand or not fewer than ((two)) one hundred ((fifty)) acres18
in cities with a population less than forty thousand that include at19
least one bus stop served by scheduled bus service of at least four20
times per hour for twelve or more hours per day with an average of at21
SUBSTITUTE HOUSE BILL 2343
AS AMENDED BY THE SENATE
Passed Legislature - 2020 Regular Session
State of Washington 66th Legislature 2020 Regular Session
By House Environment & Energy (originally sponsored by
Representatives Fitzgibbon, Frame, Macri, Doglio, Tharinger, and
Pollet)
READ FIRST TIME 01/30/20.
p. 1 SHB 2343.SL
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least twenty-five residential units per acre that require no more1
than an average of one on-site parking space per two bedrooms in2
portions of the multifamily zones that are located within the areas;3
(c) Authorize at least one duplex, triplex, quadplex, sixplex,4
stacked flat, townhouse, or courtyard apartment on each parcel in one5
or more zoning districts that permit single-family residences unless6
a city documents a specific infrastructure of physical constraint7
that would make this requirement unfeasible for a particular parcel;8
(d) Authorize a duplex, triplex, quadplex, sixplex, stacked flat,9
townhouse, or courtyard apartment on one or more parcels for which10
they are not currently authorized;11
(e) Authorize cluster zoning or lot size averaging in all zoning12
districts that permit single-family residences;13
(((e) Authorize attached accessory dwelling units on all parcels14
containing single-family homes where the lot is at least three15
thousand two hundred square feet in size, and permit both attached16
and detached accessory dwelling units on all parcels containing17
single-family homes, provided lots are at least four thousand three18
hundred fifty-six square feet in size. Qualifying city ordinances or19
regulations may not provide for on-site parking requirements, owner20
occupancy requirements, or square footage limitations below one21
thousand square feet for the accessory dwelling unit, and must not22
prohibit the separate rental or sale of accessory dwelling units and23
the primary residence. Cities must set applicable impact fees at no24
more than the projected impact of the accessory dwelling unit. To25
allow local flexibility, other than these factors, accessory dwelling26
units may be subject to such regulations, conditions, procedures, and27
limitations as determined by the local legislative authority, and28
must follow all applicable state and federal laws and local29
ordinances;))30
(f) Adopt a subarea plan pursuant to RCW 43.21C.420;31
(g) Adopt a planned action pursuant to RCW 43.21C.440(1)(b)(ii),32
except that an environmental impact statement pursuant to RCW33
43.21C.030 is not required for such an action;34
(h) Adopt increases in categorical exemptions pursuant to RCW35
43.21C.229 for residential or mixed-use development;36
(i) Adopt a form-based code in one or more zoning districts that37
permit residential uses. "Form-based code" means a land development38
regulation that uses physical form, rather than separation of use, as39
the organizing principle for the code;40
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(j) Authorize a duplex on each corner lot within all zoning1
districts that permit single-family residences;2
(k) Allow for the division or redivision of land into the maximum3
number of lots through the short subdivision process provided in4
chapter 58.17 RCW; ((and))5
(l) Authorize a minimum net density of six dwelling units per6
acre in all residential zones, where the residential development7
capacity will increase within the city. For purposes of this8
subsection, the calculation of net density does not include the9
square footage of areas that are otherwise prohibited from10
development, such as critical areas, the area of buffers around11
critical areas, and the area of roads and similar features;12
(m) Create one or more zoning districts of medium density in13
which individual lots may be no larger than three thousand five14
hundred square feet and single-family residences may be no larger15
than one thousand two hundred square feet;16
(n) Authorize accessory dwelling units in one or more zoning17
districts in which they are currently prohibited;18
(o) Remove minimum residential parking requirements related to19
accessory dwelling units;20
(p) Remove owner occupancy requirements related to accessory21
dwelling units;22
(q) Adopt new square footage requirements related to accessory23
dwelling units that are less restrictive than existing square footage24
requirements related to accessory dwelling units;25
(r) Adopt maximum allowable exemption levels in WAC 197-11-800(1)26
as it existed on the effective date of this section, or such27
subsequent date as may be provided by the department of ecology by28
rule, consistent with the purposes of this section;29
(s) Adopt standards for administrative approval of final plats30
pursuant to RCW 58.17.100;31
(t) Adopt ordinances authorizing administrative review of32
preliminary plats pursuant to RCW 58.17.095;33
(u) Adopt other permit process improvements where it is34
demonstrated that the code, development regulation, or ordinance35
changes will result in a more efficient permit process for customers;36
(v) Update use matrices and allowable use tables that eliminate37
conditional use permits and administrative conditional use permits38
for all housing types, including single-family homes, townhomes,39
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multifamily housing, low-income housing, and senior housing, but1
excluding essential public facilities;2
(w) Allow off-street parking to compensate for lack of on-street3
parking when private roads are utilized or a parking demand study4
shows that less parking is required for the project;5
(x) Develop a local program that offers homeowners a combination6
of financing, design, permitting, or construction support to build7
accessory dwelling units. A city may condition this program on a8
requirement to provide the unit for affordable home ownership or rent9
the accessory dwelling unit for a defined period of time to either10
tenants in a housing subsidy program as defined in RCW 43.31.605(14)11
or to tenants whose income is less than eighty percent of the city or12
county median family income. If the city includes an affordability13
requirement under the program, it must provide additional incentives,14
such as:15
(i) Density bonuses;16
(ii) Height and bulk bonuses;17
(iii) Fee waivers or exemptions;18
(iv) Parking reductions; or19
(v) Expedited permitting; and20
(y) Develop a local program that offers homeowners a combination21
of financing, design, permitting, or construction support to convert22
a single-family home into a duplex, triplex, or quadplex where those23
housing types are authorized. A local government may condition this24
program on a requirement to provide a certain number of units for25
affordable home ownership or to rent a certain number of the newly26
created units for a defined period of time to either tenants in a27
housing subsidy program as defined in RCW 43.31.605(14) or to tenants28
whose income is less than eighty percent of the city or county median29
family income. If the city includes an affordability requirement, it30
must provide additional incentives, such as:31
(i) Density bonuses;32
(ii) Height and bulk bonuses;33
(iii) Fee waivers or exemptions;34
(iv) Parking reductions; or35
(v) Expedited permitting.36
(2) A city planning pursuant to RCW 36.70A.040 may adopt a37
housing action plan as described in this subsection. The goal of any38
such housing plan must be to encourage construction of additional39
affordable and market rate housing in a greater variety of housing40
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types and at prices that are accessible to a greater variety of1
incomes, including strategies aimed at the for-profit single-family2
home market. A housing action plan may utilize data compiled pursuant3
to RCW 36.70A.610. The housing action plan should:4
(a) Quantify existing and projected housing needs for all income5
levels, including extremely low-income households, with documentation6
of housing and household characteristics, and cost-burdened7
households;8
(b) Develop strategies to increase the supply of housing, and9
variety of housing types, needed to serve the housing needs10
identified in (a) of this subsection;11
(c) Analyze population and employment trends, with documentation12
of projections;13
(d) Consider strategies to minimize displacement of low-income14
residents resulting from redevelopment;15
(e) Review and evaluate the current housing element adopted16
pursuant to RCW 36.70A.070, including an evaluation of success in17
attaining planned housing types and units, achievement of goals and18
policies, and implementation of the schedule of programs and actions;19
(f) Provide for participation and input from community members,20
community groups, local builders, local realtors, nonprofit housing21
advocates, and local religious groups; and22
(g) Include a schedule of programs and actions to implement the23
recommendations of the housing action plan.24
(3) If adopted by April 1, ((2021)) 2023, ordinances, amendments25
to development regulations, and other nonproject actions taken by a26
city to implement the actions specified in subsection (1) of this27
section, with the exception of the action specified in subsection28
(1)(f) of this section, are not subject to administrative or judicial29
appeal under chapter 43.21C RCW.30
(4) Any action taken by a city prior to April 1, ((2021)) 2023,31
to amend their comprehensive plan, or adopt or amend ordinances or32
development regulations, solely to enact provisions under subsection33
(1) of this section is not subject to legal challenge under this34
chapter.35
(5) In taking action under subsection (1) of this section, cities36
are encouraged to utilize strategies that increase residential37
building capacity in areas with frequent transit service and with the38
transportation and utility infrastructure that supports the39
additional residential building capacity.40
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(6) A city ((with a population over twenty thousand)) that is1
planning to take at least two actions under subsection (1) of this2
section, and that action will occur between July 28, 2019, and April3
1, 2021, is eligible to apply to the department for planning grant4
assistance of up to one hundred thousand dollars, subject to the5
availability of funds appropriated for that purpose. The department6
shall develop grant criteria to ensure that grant funds awarded are7
proportionate to the level of effort proposed by a city, and the8
potential increase in housing supply or regulatory streamlining that9
could be achieved. Funding may be provided in advance of, and to10
support, adoption of policies or ordinances consistent with this11
section. A city can request, and the department may award, more than12
one hundred thousand dollars for applications that demonstrate13
extraordinary potential to increase housing supply or regulatory14
streamlining.15
(7) A city seeking to develop a housing action plan under16
subsection (2) of this section is eligible to apply to the department17
for up to one hundred thousand dollars.18
(8) The department shall establish grant award amounts under19
subsections (6) and (7) of this section based on the expected number20
of cities that will seek grant assistance, to ensure that all cities21
can receive some level of grant support. If funding capacity allows,22
the department may consider accepting and funding applications from23
cities with a population of less than twenty thousand if the actions24
proposed in the application will create a significant amount of25
housing capacity or regulatory streamlining and are consistent with26
the actions in this section.27
(9) In implementing chapter 348, Laws of 2019, cities are28
encouraged to prioritize the creation of affordable, inclusive29
neighborhoods and to consider the risk of residential displacement,30
particularly in neighborhoods with communities at high risk of31
displacement.32
Sec. 2. RCW 43.21C.495 and 2019 c 348 s 4 are each amended to33
read as follows:34
If adopted by April 1, ((2021)) 2023, amendments to development35
regulations and other nonproject actions taken by a city to implement36
RCW 36.70A.600 (1) or (4), with the exception of the action specified37
in RCW 36.70A.600(1)(f), are not subject to administrative or38
judicial appeals under this chapter.39
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Sec. 3. RCW 36.70A.620 and 2019 c 348 s 5 are each amended to1
read as follows:2
In counties and cities planning under RCW 36.70A.040, minimum3
residential parking requirements mandated by municipal zoning4
ordinances for housing units constructed after July 1, 2019, are5
subject to the following requirements:6
(1) For housing units that are affordable to very low-income or7
extremely low-income individuals and that are located within one-8
quarter mile of a transit stop that receives transit service at least9
((four)) two times per hour for twelve or more hours per day, minimum10
residential parking requirements may be no greater than one parking11
space per bedroom or .75 space per unit. A city may require a12
developer to record a covenant that prohibits the rental of a unit13
subject to this parking restriction for any purpose other than14
providing for housing for very low-income or extremely low-income15
individuals. The covenant must address price restrictions and16
household income limits and policies if the property is converted to17
a use other than for low-income housing. A city may establish a18
requirement for the provision of more than one parking space per19
bedroom or .75 space per unit if the jurisdiction has determined a20
particular housing unit to be in an area with a lack of access to21
street parking capacity, physical space impediments, or other reasons22
supported by evidence that would make on-street parking infeasible23
for the unit.24
(2) For housing units that are specifically for seniors or people25
with disabilities, that are located within one-quarter mile of a26
transit stop that receives transit service at least four times per27
hour for twelve or more hours per day, a city may not impose minimum28
residential parking requirements for the residents of such housing29
units, subject to the exceptions provided in this subsection. A city30
may establish parking requirements for staff and visitors of such31
housing units. A city may establish a requirement for the provision32
of one or more parking space per bedroom if the jurisdiction has33
determined a particular housing unit to be in an area with a lack of34
access to street parking capacity, physical space impediments, or35
other reasons supported by evidence that would make on-street parking36
infeasible for the unit. A city may require a developer to record a37
covenant that prohibits the rental of a unit subject to this parking38
restriction for any purpose other than providing for housing for39
seniors or people with disabilities.40
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(3) For market rate multifamily housing units that are located1
within one-quarter mile of a transit stop that receives transit2
service from at least one route that provides service at least four3
times per hour for twelve or more hours per day, minimum residential4
parking requirements may be no greater than one parking space per5
bedroom or .75 space per unit. A city or county may establish a6
requirement for the provision of more than one parking space per7
bedroom or .75 space per unit if the jurisdiction has determined a8
particular housing unit to be in an area with a lack of access to9
street parking capacity, physical space impediments, or other reasons10
supported by evidence that would make on-street parking infeasible11
for the unit.12
Sec. 4. RCW 36.70A.030 and 2019 c 348 s 2 are each reenacted and13
amended to read as follows:14
Unless the context clearly requires otherwise, the definitions in15
this section apply throughout this chapter.16
(1) "Adopt a comprehensive land use plan" means to enact a new17
comprehensive land use plan or to update an existing comprehensive18
land use plan.19
(2) "Affordable housing" means, unless the context clearly20
indicates otherwise, residential housing whose monthly costs,21
including utilities other than telephone, do not exceed thirty22
percent of the monthly income of a household whose income is:23
(a) For rental housing, sixty percent of the median household24
income adjusted for household size, for the county where the25
household is located, as reported by the United States department of26
housing and urban development; or27
(b) For owner-occupied housing, eighty percent of the median28
household income adjusted for household size, for the county where29
the household is located, as reported by the United States department30
of housing and urban development.31
(3) "Agricultural land" means land primarily devoted to the32
commercial production of horticultural, viticultural, floricultural,33
dairy, apiary, vegetable, or animal products or of berries, grain,34
hay, straw, turf, seed, Christmas trees not subject to the excise tax35
imposed by RCW 84.33.100 through 84.33.140, finfish in upland36
hatcheries, or livestock, and that has long-term commercial37
significance for agricultural production.38
(4) "City" means any city or town, including a code city.39
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(5) "Comprehensive land use plan," "comprehensive plan," or1
"plan" means a generalized coordinated land use policy statement of2
the governing body of a county or city that is adopted pursuant to3
this chapter.4
(6) "Critical areas" include the following areas and ecosystems:5
(a) Wetlands; (b) areas with a critical recharging effect on aquifers6
used for potable water; (c) fish and wildlife habitat conservation7
areas; (d) frequently flooded areas; and (e) geologically hazardous8
areas. "Fish and wildlife habitat conservation areas" does not9
include such artificial features or constructs as irrigation delivery10
systems, irrigation infrastructure, irrigation canals, or drainage11
ditches that lie within the boundaries of and are maintained by a12
port district or an irrigation district or company.13
(7) "Department" means the department of commerce.14
(8) "Development regulations" or "regulation" means the controls15
placed on development or land use activities by a county or city,16
including, but not limited to, zoning ordinances, critical areas17
ordinances, shoreline master programs, official controls, planned18
unit development ordinances, subdivision ordinances, and binding site19
plan ordinances together with any amendments thereto. A development20
regulation does not include a decision to approve a project permit21
application, as defined in RCW 36.70B.020, even though the decision22
may be expressed in a resolution or ordinance of the legislative body23
of the county or city.24
(9) "Extremely low-income household" means a single person,25
family, or unrelated persons living together whose adjusted income is26
at or below thirty percent of the median household income adjusted27
for household size, for the county where the household is located, as28
reported by the United States department of housing and urban29
development.30
(10) "Forestland" means land primarily devoted to growing trees31
for long-term commercial timber production on land that can be32
economically and practically managed for such production, including33
Christmas trees subject to the excise tax imposed under RCW 84.33.10034
through 84.33.140, and that has long-term commercial significance. In35
determining whether forestland is primarily devoted to growing trees36
for long-term commercial timber production on land that can be37
economically and practically managed for such production, the38
following factors shall be considered: (a) The proximity of the land39
to urban, suburban, and rural settlements; (b) surrounding parcel40
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size and the compatibility and intensity of adjacent and nearby land1
uses; (c) long-term local economic conditions that affect the ability2
to manage for timber production; and (d) the availability of public3
facilities and services conducive to conversion of forestland to4
other uses.5
(11) "Freight rail dependent uses" means buildings and other6
infrastructure that are used in the fabrication, processing, storage,7
and transport of goods where the use is dependent on and makes use of8
an adjacent short line railroad. Such facilities are both urban and9
rural development for purposes of this chapter. "Freight rail10
dependent uses" does not include buildings and other infrastructure11
that are used in the fabrication, processing, storage, and transport12
of coal, liquefied natural gas, or "crude oil" as defined in RCW13
90.56.010.14
(12) "Geologically hazardous areas" means areas that because of15
their susceptibility to erosion, sliding, earthquake, or other16
geological events, are not suited to the siting of commercial,17
residential, or industrial development consistent with public health18
or safety concerns.19
(13) "Long-term commercial significance" includes the growing20
capacity, productivity, and soil composition of the land for long-21
term commercial production, in consideration with the land's22
proximity to population areas, and the possibility of more intense23
uses of the land.24
(14) "Low-income household" means a single person, family, or25
unrelated persons living together whose adjusted income is at or26
below eighty percent of the median household income adjusted for27
household size, for the county where the household is located, as28
reported by the United States department of housing and urban29
development.30
(15) "Minerals" include gravel, sand, and valuable metallic31
substances.32
(16) "Permanent supportive housing" is subsidized, leased housing33
with no limit on length of stay((, paired with on-site or off-site34
voluntary services designed to support a person living with a35
disability to be a successful tenant in a housing arrangement,36
improve the resident's health status, and connect residents of the37
housing with community-based health care, treatment, and employment38
services)) that prioritizes people who need comprehensive support39
services to retain tenancy and utilizes admissions practices designed40
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to use lower barriers to entry than would be typical for other1
subsidized or unsubsidized rental housing, especially related to2
rental history, criminal history, and personal behaviors. Permanent3
supportive housing is paired with on-site or off-site voluntary4
services designed to support a person living with a complex and5
disabling behavioral health or physical health condition who was6
experiencing homelessness or was at imminent risk of homelessness7
prior to moving into housing to retain their housing and be a8
successful tenant in a housing arrangement, improve the resident's9
health status, and connect the resident of the housing with10
community-based health care, treatment, or employment services.11
Permanent supportive housing is subject to all of the rights and12
responsibilities defined in chapter 59.18 RCW.13
(17) "Public facilities" include streets, roads, highways,14
sidewalks, street and road lighting systems, traffic signals,15
domestic water systems, storm and sanitary sewer systems, parks and16
recreational facilities, and schools.17
(18) "Public services" include fire protection and suppression,18
law enforcement, public health, education, recreation, environmental19
protection, and other governmental services.20
(19) "Recreational land" means land so designated under RCW21
36.70A.1701 and that, immediately prior to this designation, was22
designated as agricultural land of long-term commercial significance23
under RCW 36.70A.170. Recreational land must have playing fields and24
supporting facilities existing before July 1, 2004, for sports played25
on grass playing fields.26
(20) "Rural character" refers to the patterns of land use and27
development established by a county in the rural element of its28
comprehensive plan:29
(a) In which open space, the natural landscape, and vegetation30
predominate over the built environment;31
(b) That foster traditional rural lifestyles, rural-based32
economies, and opportunities to both live and work in rural areas;33
(c) That provide visual landscapes that are traditionally found34
in rural areas and communities;35
(d) That are compatible with the use of the land by wildlife and36
for fish and wildlife habitat;37
(e) That reduce the inappropriate conversion of undeveloped land38
into sprawling, low-density development;39
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(f) That generally do not require the extension of urban1
governmental services; and2
(g) That are consistent with the protection of natural surface3
water flows and groundwater and surface water recharge and discharge4
areas.5
(21) "Rural development" refers to development outside the urban6
growth area and outside agricultural, forest, and mineral resource7
lands designated pursuant to RCW 36.70A.170. Rural development can8
consist of a variety of uses and residential densities, including9
clustered residential development, at levels that are consistent with10
the preservation of rural character and the requirements of the rural11
element. Rural development does not refer to agriculture or forestry12
activities that may be conducted in rural areas.13
(22) "Rural governmental services" or "rural services" include14
those public services and public facilities historically and15
typically delivered at an intensity usually found in rural areas, and16
may include domestic water systems, fire and police protection17
services, transportation and public transit services, and other18
public utilities associated with rural development and normally not19
associated with urban areas. Rural services do not include storm or20
sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).21
(23) "Short line railroad" means those railroad lines designated22
class II or class III by the United States surface transportation23
board.24
(24) "Urban governmental services" or "urban services" include25
those public services and public facilities at an intensity26
historically and typically provided in cities, specifically including27
storm and sanitary sewer systems, domestic water systems, street28
cleaning services, fire and police protection services, public29
transit services, and other public utilities associated with urban30
areas and normally not associated with rural areas.31
(25) "Urban growth" refers to growth that makes intensive use of32
land for the location of buildings, structures, and impermeable33
surfaces to such a degree as to be incompatible with the primary use34
of land for the production of food, other agricultural products, or35
fiber, or the extraction of mineral resources, rural uses, rural36
development, and natural resource lands designated pursuant to RCW37
36.70A.170. A pattern of more intensive rural development, as38
provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed39
to spread over wide areas, urban growth typically requires urban40
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governmental services. "Characterized by urban growth" refers to land1
having urban growth located on it, or to land located in relationship2
to an area with urban growth on it as to be appropriate for urban3
growth.4
(26) "Urban growth areas" means those areas designated by a5
county pursuant to RCW 36.70A.110.6
(27) "Very low-income household" means a single person, family,7
or unrelated persons living together whose adjusted income is at or8
below fifty percent of the median household income adjusted for9
household size, for the county where the household is located, as10
reported by the United States department of housing and urban11
development.12
(28) "Wetland" or "wetlands" means areas that are inundated or13
saturated by surface water or groundwater at a frequency and duration14
sufficient to support, and that under normal circumstances do15
support, a prevalence of vegetation typically adapted for life in16
saturated soil conditions. Wetlands generally include swamps,17
marshes, bogs, and similar areas. Wetlands do not include those18
artificial wetlands intentionally created from nonwetland sites,19
including, but not limited to, irrigation and drainage ditches,20
grass-lined swales, canals, detention facilities, wastewater21
treatment facilities, farm ponds, and landscape amenities, or those22
wetlands created after July 1, 1990, that were unintentionally23
created as a result of the construction of a road, street, or24
highway. Wetlands may include those artificial wetlands intentionally25
created from nonwetland areas created to mitigate conversion of26
wetlands.27
NEW SECTION. Sec. 5. The department of ecology shall remove28
parking as an element of the environment within WAC 197-11-444 and as29
a component of the environmental checklist within WAC 197-11-960, as30
those sections existed on the effective date of this section, the31
next time that the department amends rules implementing chapter32
43.21C RCW after the effective date of this section.33
Sec. 6. RCW 36.70A.610 and 2019 c 348 s 3 are each amended to34
read as follows:35
(1) The Washington center for real estate research at the36
University of Washington shall produce a ((report every two years))37
series of reports as described in this section that compiles housing38
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supply and affordability metrics for each city planning under RCW1
36.70A.040 with a population of ten thousand or more.2
(a) The initial report, completed by October 15, 2020, must be a3
compilation of objective criteria relating to ((development4
regulations, zoning,)) income, employment, housing and rental prices,5
housing affordability ((programs)) by housing tenure, and other6
metrics relevant to assessing housing supply and affordability for7
all income segments, including the percentage of cost-burdened8
households((,)) of each ((city subject to the report required by this9
section)) jurisdiction. This report may also include city-specific10
median income data for those cities implementing the multifamily tax11
exemption program under chapter 84.14 RCW.12
(b) The report completed by October 15, 2021, must include an13
analysis of the private rental housing market for each area outlining14
the number of units, vacancy rates, and rents by unit type, where15
possible. This analysis should separate market rate multifamily16
rental housing developments and other smaller scale market rate17
rental housing. This analysis should also incorporate data from the18
Washington state housing finance commission on subsidized rental19
housing in the area consistent with the first report under this20
subsection.21
(c) The report completed by October 15, 2022, must also include22
data relating to actions taken by cities under chapter 348, Laws of23
2019 as well as detailed information on development regulations,24
levies and fees, and zoning related to housing development.25
(d) The report completed by October 15, 2024, and every two years26
thereafter, must also include relevant data relating to buildable27
lands reports prepared under RCW 36.70A.215, where applicable, and28
updates to comprehensive plans under this chapter.29
(2) The Washington center for real estate research shall30
collaborate with the Washington housing finance commission and the31
office of financial management to develop the metrics compiled in the32
((report)) series of reports under this section.33
(3) The ((report)) series of reports under this section must be34
submitted, consistent with RCW 43.01.036, to the standing committees35
of the legislature with jurisdiction over housing issues and this36
chapter.37
Passed by the House March 7, 2020.
Passed by the Senate March 3, 2020.
Approved by the Governor March 27, 2020.
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Filed in Office of Secretary of State March 27, 2020.
--- END ---
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FINAL BILL REPORT
SHB 2343
C 173 L 20
Synopsis as Enacted
Brief Description: Concerning urban housing supply.
Sponsors: House Committee on Environment & Energy (originally sponsored by
Representatives Fitzgibbon, Frame, Macri, Doglio, Tharinger and Pollet).
House Committee on Environment & Energy
Senate Committee on Housing Stability & Affordability
Background:
Growth Management Act.
The Growth Management Act (GMA) is the comprehensive land-use planning framework for
counties and cities in Washington. Originally enacted in 1990 and 1991, the GMA
establishes land-use designation and environmental protection requirements for all
Washington counties and cities. The GMA also establishes a significantly wider array of
planning duties for 28 counties, and the cities within those counties, that are obligated to
satisfy all planning requirements of the GMA. These jurisdictions are sometimes said to be
"fully planning" under the GMA.
The GMA directs fully planning jurisdictions to adopt internally consistent comprehensive
land-use plans. Comprehensive plans are implemented through locally adopted development
regulations, and both the plans and the local regulations are subject to review and revision
requirements prescribed in the GMA. In developing their comprehensive plans, counties and
cities must consider various goals set forth in statute.
Legislation enacted in 2019 encouraged fully planning cities to take an array of specified
planning actions in order to increase residential building capacity. In general, ordinances and
other nonproject actions taken to implement these specified actions, if adopted by April 1,
2021, are not subject to administrative or judicial appeal under either the GMA or the State
Environmental Policy Act (SEPA).
Limits on Minimum Residential Parking Requirements.
For affordable housing units that are affordable to very low-income or extremely low-income
individuals and located within 0.25 miles of a transit stop receiving transit service at least
––––––––––––––––––––––
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not a part of the legislation nor does it
constitute a statement of legislative intent.
House Bill Report SHB 2343- 1 -
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four times per hour for 12 or more hours per day, minimum residential parking requirements
may be no greater than one parking space per bedroom or 0.75 spaces per unit.
State Environmental Policy Act.
The SEPA establishes a review process for state and local governments to identify
environmental impacts that may result from governmental decisions, such as the issuance of
permits or the adoption of land-use plans. The SEPA environmental review process involves
a project proponent or the lead agency completing an environmental checklist to identify and
evaluate probable environmental impacts. Government decisions identified as having
significant adverse environmental impacts must then undergo a more comprehensive
environmental analysis in the form of an Environmental Impact Statement.
State Environmental Policy Act – Parking as an Element of the Environment.
Under the SEPA, the Department of Ecology (Ecology) is directed to adopt a list of elements
of the environment that must be considered in an analysis under the SEPA, as well as an
environmental checklist that will be used by lead agencies in carrying out their
environmental review. Ecology has adopted rules that specify that parking is an element of
the environment, as well as a component of the environmental checklist that government
agencies use to help determine whether a project will have significant environmental
impacts.
Summary:
Planning Actions to Increase Residential Building Capacity.
The following changes are made to the list of actions that cities planning fully under the
Growth Management Act (GMA) are encouraged to take in order to increase residential
building capacity:
The existing action of authorizing residential development of at least 25 units per acre
in certain circumstances is changed, from a minimum zoning district size of 500 acres
in cities with a population greater than 40,000 and 250 acres in cities with a
population of fewer than 40,000, to a minimum zoning district size of 200 acres in
cities with a population greater than 40,000 and 100 acres in cities with a population
of fewer than 40,000.
The existing action related to authorizing a minimum net density of six dwelling units
per acre in all residential zones is modified to specify that the calculation of net
density does not include the square footage of certain areas that are otherwise
prohibited form development.
The single action related to authorizing accessory dwelling units (ADUs) is changed
to four separate, more specific actions: authorize ADUs in one or more zoning
districts in which they are currently prohibited; remove minimum parking
requirements related to ADUs; remove owner-occupancy requirements related to
ADUs; and adopt new square footage requirements related to ADUs that are less
restrictive than existing square footage requirements related to ADUs.
The following additions are made to the list of actions that cities planning fully under the
GMA are encouraged to take in order to increase residential building capacity:
authorize a duplex, triplex, or courtyard apartment on one or more parcels for which
they are not currently authorized;
House Bill Report SHB 2343- 2 -
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authorize one or more zoning districts of medium density in which individual lots
may be no larger than 3,500 square feet and single-family residences may be no larger
than 1,200 square feet;
adopt maximum allowable exemption levels pursuant to the rules adopted by the
Department of Ecology (Ecology) related to categorical exemptions under SEPA;
adopt standards for administrative approval of final plats;
adopt ordinances authorizing administrative review of preliminary plats;
adopt other permit process improvements where it is demonstrated that the code,
development regulation, or ordinance changes will result in a more efficient permit
process for customers;
update use matrices and allowable use tables that eliminate conditional use permits
and administrative conditional use permits for all housing types, including single-
family homes, townhomes, multifamily housing, low-income housing, and senior
housing, but excluding essential public facilities; and
allow off-street parking to compensate for lack of on-street parking when private
roads are utilized or a parking demand study shows that less parking is required for
the project;
develop a local program that offers homeowners a combination of financing,
design, permitting, or construction support to build accessory dwelling units; and
develop a local program that offers homeowners a combination of financing,
design, permitting, or construction support to convert a single-family home into a
duplex, triplex, or quadplex where those housing types are authorized.
The minimum population requirement, related to eligibility for planning grants from the
Department of Commerce in connection with taking certain actions to increase residential
building capacity, is eliminated.
The date by which cities must take certain planning actions to increase residential building
capacity in order for those actions to be exempt from administrative or judicial appeal under
the GMA and the State Environmental Policy Act (SEPA) is changed from April 1, 2021, to
April 1, 2023.
Limits on Minimum Residential Parking Requirements.
The frequency of transit service that triggers a cap on minimum residential parking
requirements for certain affordable housing units is changed, from four times per hour to two
times per hour.
For market rate multifamily housing units that are located within 0.25 miles of a transit stop
that receives transit service from at least one route that provides service at least four times
per hour for 12 or more hours per day, minimum residential parking requirements may be no
greater than one parking space per bedroom or 0.75 space per unit. Counties, as well as
cities, may establish a requirement for the provision of more than one parking space per
bedroom for market rate multifamily housing, 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.
Definition of Permanent Supportive Housing.
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The definition of "permanent supportive housing" is modified to provide that permanent
supportive housing is subsidized, leased housing with no limit on length of stay that
prioritizes people who need comprehensive support services to retain tenancy and utilizes
admissions practices designed to use lower barriers to entry than would be typical for other
subsidized or unsubsidized rental housing, especially related to rental history, criminal
history, and personal behaviors. Permanent supportive housing is paired with on-site or off-
site voluntary services designed to support a resident living with a complex and disabling
behavioral health or physical health condition who was experiencing homelessness or was at
imminent risk of homelessness prior to moving into housing to retain their housing and be a
successful tenant in a housing arrangement, improve the resident's health status, and connect
the resident of the housing with community-based health care, treatment, or employment
services.
The Washington Center for Real Estate Research.
The existing obligation for the Washington Center for Real Estate Research to produce
ongoing reports on Washington's housing supply is modified. The scope of the report due in
October 2020 is expanded to include criteria related to employment and housing tenure.
The report due in October 2021 is required to include an analysis of the private rental
housing market for each area.
The report due in October 2022 must include detailed information on development
regulations, levies and fees, and zoning related to housing development.
State Environmental Policy Act – Rule-making Related to Parking.
Ecology is directed, the next time Ecology amends the rules adopted under the SEPA, to
initiate the rulemaking process to remove parking as an element of the environment within
WAC 197-11-444 and as a component of the environmental checklist within WAC
197-11-960.
Votes on Final Passage:
House 93 2
Senate 36 11 (Senate amended)
House 92 5 (House concurred)
Effective: June 11, 2020
House Bill Report SHB 2343- 4 -
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Planning Board Agenda Item
Meeting Date: 03/26/2025
Extended Agenda
Staff Lead: Michael Clugston
Department: Planning Division
Prepared By: Michael Clugston
Background/History
N/A
Staff Recommendation
Review the attached extended agenda.
Narrative
Note the quarterly update to Council on April 1.
Attachments:
3.26.25 PB extended
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Comprehensive Plan
Annual Docket
I Rec
Capital Improvement Program/Capital Facilties Plan I PH
Code Updates
Centers + Hubs (final by mid 2025) I D D D D PH Rec
STEP Housing (HB 1220 - final by mid 2025) I D D Rec
Middle Housing (HB 1110 - 6/30/25) D D D PH Rec
Design Standards + Processes (HB 1293 - 6/30/25) D D D Rec
Residential Parking Code Updates I D Rec
CAO Update (RCW 36.70A.130 - 12/31/25) I D D PH Rec
Co-living Housing (HB 1998 - 12/31/25) I
Long Range
Zoning Map Amendments I Rec
Amendments to Tree Code to correct legal issue (minor)
Highway 99 Placemaking
Code Updates for Parks (minor)
Climate Legislative Package
Administrative
Private Application for Street Map Amendment (AMD2024-0007) I/Rec
Election of Officers I
Planning Board report to City Council B B B
Possible Park Renaming PH
Parks, Recreation & Human Services Report R
KEY
I- Introduction & Discussion Special Meetings/Presentations
PH- Public Hearing Quarterly updates to Council
D- Discussion
Rec - Recommendation April 16 - special meeting
B- Briefing/Q&A
R- Report with no briefing/presentation Meetings in March, April and May will start at 6PM
Regular meeting cancelled
9.A.a
Packet Pg. 145
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