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2025-03-26 Planning Board Packet
OF BbMG ti Agenda Edmonds Planning Board 1,00 SPECIAL MEETING BRACKETT ROOM 121 5TH AVE N, CITY HALL- 3RD FLOOR, EDMONDS, WA 98020 MARCH 26, 2025, 6:00 PM 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=WFdxTWJIQmxITG9LZkc3KOhuS014QT09 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 S. 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 1 11. PLANNING BOARD MEMBER COMMENTS 12. ADJOURNMENT 13. GENERIC AGENDA ITEMS Edmonds Planning Board Agenda March 26, 2025 Page 2 2.A 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 Packet Pg. 3 2.A.a CITY OF EDMONDS PLANNING BOARD Minutes of Hybrid Meeting 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. 1. CALL TO ORDER March 12, 2025 Staff Present Mike Clugston, Planning Manager Brad Shipley, Planning Division Navyusha Pentakota, Planning & Development 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. Planning Board Meeting Minutes March 12, 2025 Pagel of 3 Packet Pg. 4 2.A.a 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 l . 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. N 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. o 7. Linda Hood, 1031 Grandview Street, Edmonds, spoke regarding the size of Grandview Street L and the difficulty for ingress/egress. a 8. Larry Williamson spoke regarding the issue of not expanding the footprint of single-family homes in hubs and centers. c 9. Deborah (no last name provided), a resident of the Five Corners area, spoke regarding the issues impacting the hubs and centers. a w 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. Planning Board Meeting Minutes March 12, 2025 Page 2 of 3 Packet Pg. 5 2.A.a 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. Planning Board Meeting Minutes March 12, 2025 Page 3 of 3 Packet Pg. 6 7.A 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. Packet Pg. 7 7.A 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_Keylssues_PB_25.03.26 Packet Pg. 8 7.A.a r Planning Board Meeting March 26, 202E Brad Shipley, Senior Planne a Packet Pg. 9 Cottage ' V°"""vU'C Medium Fourplex: Courtyard Court Side -By -Side + � Duplex: Stacked Building g Stacked Mussing Middle Housing Detached Single -Family Houses — F Triplex: Live- 3tacked Work Residential buildings that are compatible in scale, form, and character with single-family houses Contain two or more attached, stacked, or clustered homes 7.A.a Packet Pg. 10 a Built in 1992 LOCAL EXAMPLES OF `MIDDLE HOUSING'? _ ai a 0 U 0 x m a co N r M O W) N a yl 4) N y d Y c .N 3 0 Built in 20 E U Q Packet Pg. 11 • NIS w Triplex Sunset Ave N Built in 1955 64. m M -- - L) 1 = .N 3 r O co N M O LO NI m a (Al a) m N a> Y I c 0 2 d U a Packet Pg. 12 � oI M�iT1AMA r..w.w n LOCAL EXAMPLES OF `MIDDLE HOUSING'? ibfrr�Z. 7.A.a tW&� E .% w 161 �—� sa tint• s __����� tiit•iIIi:tf� •••tf • • I-Afalj rr t . ss. .t•t+t■stlt•.... st•/•t//a■•dow��e��04■a..r�-ri �,•�tta.. 4 •//•/t■.•�■•t■it■� � •ti■■///////t••r••••.••a•�f t■�■`""�aQ _4■` �•s_ ■•■/gooses //•/e8989499 .■�i��■tit■t•tr••■••■•tra LOCAL ; EXAMPLES OF `MIDDLE HOUSING'? Q CITY OF EDMONDS Development Code Update Packet Pg. 14 0 Stacked Flat R IN jL� C N cM O Ln 'No m �. a NI O 3 N N O Y C r 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. a Packet Pg, 15 WHAT IS `MIDDLE HOUSING'? WHAT IS `MIDDLE HOUSING'? NV, , � 5�� `! .` �,ire :Su. � �.�. ,�► ,1.�� •,'fir+` � , I�s -- - - � � -•` `�1 - '-'\-' ,,ra�j� A� C YY - ,� - - •r,* ♦ �-�� 7.A.a Where does Middle Housing Fit? Blended into Existing Neighborhoods apt/cos des;� Inc Typical Middle Housing type Typical detached Middle Housing types blend in with detached houses due to similar form and scale Q Packet Pg. 18 7.A.a Where does Middle Housing Fit? Blended into Existing Neighborhoods �IlIlVIi�� �Il ai CL 0 U As a transition between lower -intensity o neighborhoods and higher - intensity development 2 N M O LO N Q Packet Pg. 19 7.A.a Where does Middle Housing Fit? Blended into Existing Neighborhoods Typ is a 1 detached homes � • f11 I>t1 11111 1,IiJ�i � Typ is a 1 Middle Housing types I 1 / / ai CL 0 As a transition between M lower -intensity N neighborhoods and mixed- _ use corridors .� N Wr 11r)y corner store, neighborhood OE U grocery, service etc. Packet Pg. 20 7.A.a ai Middle Housing Toolkit CL O If the city wants to put the Middle Housing Tool kit .N standards into effect, the city must: • Adopt the standards and identify to which parcelsLO M 0 the standards apply. Ni a i a • Many of these standards will also be applied to Y detached homes in the same area. .y 7 O 2 d • The tool kit provides overlay zones. These could be applied as standards for distinct Low -Density Residential su bd istricts. a Packet Pg. 21 7.A.a ai Middle Housing Toolkit: Overlay Zones 0 The User Guide provides guidance for where to .N apply each of the four overlay zones ° Each overlay zone in this Tool kit is intended toLO M 0 enable Middle Housing in a range of single-family N, m environments. N N d Each overlay zone defines its intended physical =' .y character and has key standards that help ensure new middle housing projects are appropriate for specific areas. E U Q Packet Pg. 22 7.A.a ai Local Choice CL O U M Cities are not required to use the toolkit: • In fact, some other cities in the region found the N regulations to be difficult to explain and opted to LO take a more laissez-faire approach to regulation. N N Cities could adopt portions of the toolkit: Y, .y 7 O • Most common approach. If adopted, the city should modify some of the requirements, so they are tailored to Edmonds' needs and desires. E Q Packet Pg. 23 7.A.a 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. Q Packet Pg. 24 Neighborhood Residential Overlay Small 1 (NRO.S1) low .t/ IT I ntent Desired 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 7.A.a Neighborhood Residential Overlay.Small 2 (NRO.S2) M CL o U ► .�� r �� 0 M O N Intent a Desired Form: House -Scale Buildings: Duplex N Stacked, Duplex Side -by -Side, Cottage Y� Housing, Triplexes, Fourplexes, and Townhouses o Detached Buildings Up to 2.5 stories Frontage Types: Porch Projecting, Porch Engaged, Dooryard, and Stoop U Uses allowed by underlying zoning a Packet Pg. 25 Neighborhood Residential Overlay Medium 1 (NRO.M1) 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 7.A.a Neighborhood Residential Overlay. Medium 2 (NRO.M2) 4, ' U \ �+ 'r o Lkhib er— .\ �. O Ln N Intent m' a Desired Form: House -Scale -footprint Buildings: N Triplexes, Fourplexes, Townhouses, Y� Courtyards, and Multiplexes .y Primarily Detached Buildings 7 = Up to 3 stories Frontage Types: Porch Projecting, Porch Engaged, Dooryard, and Stoop Uses allowed by underlying zoning E a Packet Pg. 26 7.A.a Each overlay zone regulates and generates the intended physical character through the following topics: O U c .N O 2 d • Intent: the intended physical character and range of uses allowed by the underlying zoning; N M O LO N m • Buildinp, placement and Lot size: the minimum N building setbacks and requirements for fagade design and the associated minimum site Y dimensions. • BuildinFF footprint: the maximum overall dimensions. building Packet Pg. 27 I., E d E U Q 7.A.a Each overlay zone regulates and generates the intended physical character through the following topics: • Fronta es: the menu of allowed frontage types required at building entries. • Buildin form: the maximum overall building height, minimum ground floor height, and maximum building footprint (coverage); • Parkin : the required location and design requirements for parking and vehicle access Packet Pg. 28 7.A.a Overlay zones are focused on the desired built form CL and characteristic. 0 U c Existing IRS zone subdistricts are focused on density controlled by lot size. N M O Minimum Minimum Minimum Minimum Minimum Maximum Minimum LO N Sub Maximum Maximum Lot Area Lot Street Side Rear Coverage Parking mia District Density Height (Sq.Ft.) Width Setback Setback Setback (%) Spaces RS-20 20,000 2.2 100' 25 - 35'= & 10' 25 25' 35% f/1 y RS-12 12,000 3.7 80' 25' 10, 25' 25' 35% m Y i a� RSW- 12,000 3.7 — 15' 10' 35' 25' 35% y 12 _ m RS-10 10,000 4.4 75' 25' 10, 20' 25' 35% RS-8 8,000 5.5 70' 25' 7-1 /2' 15' 25' 35% RS-6 6,000 7.3 60' 20' 5' 15' 25' 35% E RS-MP.`-' 12,000. IT 80'` 25'' 10's 25'5 25' 350. � Q Packet Pg. 29 7.A.a Question comes down to if we want to continue CL regulating by lot size. O U c If so, one solution is to have a hybrid approach where the seven IRS zone subdistricts are grouped into th ree: N M 0 LO N I m Small lot. Includes RS-6 I N N d Medium lot. Includes RS-8 and -10. YI .y 7 O 2 d Large lot. Includes RS-12 and -20. E U O Q Packet Pg. 30 7.A.a 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. Packet Pg. 31 7.A.a ai a d Minimum Minimum Minimum Minimum Minimum L) Sub Maximum Maxim = i Lot Area Lot Street Side Rear District Density' Heigl o (Sq. Ft.) Width Setback Setback Setback = RS-20 20,000 2.2 100' 25 35'-' & 10' 25' 25' 2 RS-12 12,000 3.7 80' 25 10' 25' 25' N Large o RSW- 12,000 3.7 — 15 10, 35' 25' Li N, 12' m a� _ N RS-10 10,000 4.4 75' 25' 10' 20' 25' Medium a RS-8 8,000 5.5 70' 25' 7-1/2' 15' 25' Small RS-6 6,000 7.3 60' 20' T 15' 25' .y o E U Q Packet Pg. 32 5' 7.A.a Prototypical lots based on new subdistricts: • 60' 1 I 0 0 Not to scale 70' ------ 15' I I LO I I I I I 7.5' I I I I I I I I I I I I I I 25' I I 10' z L — 80' I I I I Setback Area I 25' I I I I I I I I I I I I I I I I 25' Lot Line Street Packet Pg. 33 1 7.A.a Remember each overlay zone regulates and generates the intended physical character through 0 the following topics: .N 0 • Intent • Building placement and Lot size N M O • Building footprint "i m a i • Frontages N N • Building form Y • Parking 0 E U Q Packet Pg. 34 7.A.a Fronta es: 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. Packet Pg. 35 —..—..—..—..—..�..—..—Lot Line..—..—..1 I I II I I Building Setback Line I ' I I I I I . I I I I : I I I ; IBuilding Footprint; I I I • I � I I I I I I RequiredFrontage I , I I I I— — — — — — — — — — — ; ROW Packet Pg. 36 Setback ROW Street Key - -- ROW/ Design Site Line Porch Projecting ----- Setback Line ;etoa,k ROW Street Key -••- ROW/ Design Site Line Porch Engaged -- Setback Line Setback ROW Setback 0 0 0 0 0 ROW Street 7.A.a Packet Pg. 37 Setback ROW Street Key -••- ROW/ Design Site Line ----- Setback Line Dooryard Setback ROW Street Key -. - ROW/ Design Site Line ---- Setback Line Setback O 0 0 ROW Street Setback ROW Street Key -••- ROW/ Design Site Line ----- Setback Line Setback ROW Street Stoop 7.A.a Common Entry IPacket Pg. 38 ai 0- d 0 U _ .N 0 2 d N M O ui N I m a I d N N d Y I .y 7 0 2 d _ d E t U Q Building placement and Lot size: the minimum building setbacks and requirements for fagade 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 Packet Pg. 39 7.A.a Building Form: Building footprint: the maximum overall building dimensions.CP O Building form: the maximum overall building height, minimum ground floor height, and maximum buildingLO M 0 footprint (coverage); NI a i a� N N W by it's i m bo rta nt: Y .y 7 O 2 • Helps maintain affordability if developers are limited to the size they can build. E U • Helps equalize pro forma of different building types. Packet Pg. 40 7.A.a Alley access required if alley exists II Ij Ijl I I CL I jj jj j v ID er City Standards I III II I LA o L) I II _- 1I I 7 I T T (n o Front Street Key Key N ---- ROW/ Lot Line Building footprint --•- ROW LineLO o Building Setback Line ■ Required Frontage NI m a 1. Building ..tprint(s) NR0.S1 NR0.S2•• •• N I a� Footprint (porches, dooryards, stoops may be added beyond the maximum footprint; see Chapter #A1) y General Y Q Width along front street 40' max: 60' max. 70' max. 0 Depth 48� ^;ate 70' max. 80' max. Specific to Cottage Hng 0 Each unit 25' x 25' 30' x 30' NA NA Rearmost building 25' x 48' 30' x 65' NA NA Specific to Courtyard Buildings L-shape U-Shape L-shape U-Shap( Q Width, overall NA 80' 105' 80' 110, E Q Depth, overa II NA �a © Width along front street NA 40' 2, 40' each 40' 2, 40' eac Q Specific to Townhouses NA 60' wide and <_ 3 side- F5' Wde and <— 5 s°c'E-k.y-s'de irr.ts� by -side units Packet Pg. 41 Setbacks (Distance from ROW / Property line) Q Front 15' min. 15' min. 10' min. Q Side / Side Street 5' min. 5' min. 5' min. O Rear 15' min. 10' min. 10' min. 3. Building Form R• '• '• Q Overall Height Max allowed by current zoning, or 35', whichever is less Stories 2.5 max. 2.5 max. 2.5 max. — 7.A.a ui w M M a M �IliYllil• -°'a 0 0 10' min. c 5 min. .N c 10' min. _ d co — 3 max. N M O LO 04 Car Spaces (per unit) Min Max Min. Max. Min. Max. Min Na, m Within 1/2-mile of a major ai i� —None required transit stop N Lot S 6,000 sf, not within 1/2- 1 1 1 1 0.5 0.75 0.5 075 4 mile of major transit stop Yi Lot > 6,000 sf, not within 1/2- _ 1.5 1 1.5 1 1.5 i 5 mile of major transit stop o Setback (Distance from ROW / Lot Line) © Front 35' min. Q Side Street © Side / Rear 25' min. within 50' min if front; 5' min otherwise 5' min. c a� E U M Q Packet Pg. 42 7.A.a Parkin : the required location and design M CL requirements for parking and vehicle access 0 U c .N Why it's important: • Front -facing parking lots break up the pedestrian experience and create gaps in the street frontage. a Placing parking to the side or rear allows buildings t N front the street, creating a more continuous, Y engaging, and walkable environment. 0 • Buildings closer to the street with parking tucked behind or to the side reinforce a "human -scale" E streetsca pe. This helps create attractive, active public spaces and supports a strong sense of place.< Packet Pg. 43 Parkin : the required location and design requirements for parking and vehicle access �I III III II I�I I�I II III III I I �' min III III 11 II III I I I 7 l � Front Street (Narrowest Side) 7.A.a Packet Pg. 44 Design Aft 0 #andards: Why are they important? KEY QUESTION: SHOULD THE CITY USE MODIFIED OVERLAY ZONES OR ADAPT EXISTING RS ZONE SUBDISTRICTS? Design 'I% f nndards: Why they are important AJ(GA 'A U(()t)tvH BOXES • BOXES .. ,�I • : � yea �Y. ^'; _ � a!� APF {.+y •-`� AW 10 V jr AN MF, T� ♦ �'� n {:v L °► � ��'�,s.i '�,,,,,� \� ° II�'�t� I�r '` 7 �_ u = 1►.R� �I VIM!,� a i` Ifl ALM _ir_ r CITY OF EDMONDS Development Cade Upda n. �.: What'lo Different? . 1 '� 1g; { >♦. �. `T r s • m ley( , % a �,. � . ` I � li °1� • .1 7 a •, �;. tl � � r !°x � �' a, �` ,► �� .lam°-! ` �1 •l }� �' ,s 'fie\ � '•;.`. i r �` i ' I��YMW�d Gc•k��• 4 ' — _ � �� � �.J .'�:� � ice•:. �a �� , _ :� ? Hint: It-s not just the uses. CITY OF EDMONDS Development Code Update :yam T What'lo Different? NR 40 IT N _ �; Orientation to the street Street -level windows Weather protection Clear entries CITY OF EDMONDS Development Code Update 7.A.a Ch. 1 Introduction and Applicability ' Ch. 2 Overlay Zones and Standards 00111 Ire I d I Ch. 3 Site Development Standards #Al . Frontage Types None Ch. 2 Overlay Zones and Standards (if selected, replaces Basic Chapter 2) Ch. 3 Site Development Standards (if selected, replaces Basic Chapter 3) Ch. 4 Building Types #A2. Frontage Types (if selected, replaces Basic Chapter *Al) Mes About Detailed Content a Provides more flexible setback stondc a� o and detailed standards for building o massing types. Each overlay zone alh N a subset of 8 Middle Housing types. 7 base version regulates only by maxis footprint and height. Provides detailed standards for fence walls, landscaping and lighting, on -,- parking, and sloped lots. The Basic vE N n only regulates sloped lots. m� a. Provides o spectrum of 8 Middle Hou building types and 9 massing types y standards toilored for each type, os compared to the Basic Standards tr Y, regulate lot coverage and do not use _ building types. 0 Provides ? odditionol frur,oge ., pC _ more detailed standards. Q CITY OF EDMONDS Development Code Update Packet Pg. 52 7.A.a vaje Desi s t a r Uxlvt gy n lord R'lasic Standards• Detailed Standards Content• - •• Detailed Content #B. Architectural Standards Provides standards for regulating architectural details, not style (i.e., fo4o( composition, boys, materials, and wind details). *C. Large Site Standards Provides design standards for parcels o least 5 acres in size #D. Streetscapes and Public Open Provides thoroughfare and public open Spaces space standards to be used on sites 5 ao or larger. #E1. Administration #E2. Administration (if selected, Additional allowed adjustments to supp replaces Basic Chapter #E1) Detailed content. #F1. Definitions and Measurements #F2. Definitions and Measurements (if Additional definitions and meosuremer selected, replaces Basic Chapter #F1) methods to support Detailed content. CITY OF EDMONDS Development Code Update Packet Pg. 53 KEY QUESTION: SHOULD WE REFERENCE THE BASIC OR DETAILED OBJECTIVE DESIGN STANDARDS TOOLKIT TO DEVELOP OUR MIDDLE HOUSING DESIGN STANDARDS? I I I I I I I --———— — — — — — — I I I I I I I I I I I I I I I --————— — — — — —- 7.A.a I I M I '0 Q I M I � I O I V I = I 0 I = I � M 2 N M O O N I m ADUs are not considered NI middle housing types but N are required to be Y allowed. .N It is important to distinguish whether ADUc should count towards the maximum unit densityar develop regulation to ensure there are no a unintended resuitc Packet Pg. 55 KEY QUESTION: SHOULD ACCESSORY DWELLING UNITS COUNT TOWARDS UNIT DENSITY ON A LOT? 7.A.a 11 Parent Lot -, i i Unit Lot 16 Owned in Common Parent Lot Setbacks ■ Driveway/Parking How setbacks apply to a parent lot and unit lots. Alley F====_'W C c C r x a� 4) a) r . . r r r r . r Single -Family . . ..... ......................... r r r Street Preserved single-family house with three attached units built in the back yard 2 Alley 1 Cottage Cottage 1 Unit Unit aJ j 00C 4-0 1 0 ' 1 1 V U 0 00 b v � UO 1 Street 0 00 � C O U aadp-ww�_-- A cottage cluster development with a shared open space Packet Pg. 57 11 Parent Lot i i Unit Lot Owned in Common Parent Lot Setbacks ■ Driveway/Parking 7.A.a How setbacks apply to a parent lot and unit lots. Townhouse Unit Townhouse Unit Townhouse Unit Townhouse Unit 3 1= St► eet A townhouse development with a shared driveway. sM 17 I , .m OP.-0 El 1 1 1 1 1 1 1 Duplex Unit ; 1 1 Street —j A duplex with an accessory dwelling unit (ADU) on its own unit lot. Packet Pg. 58 a DISCUSSION .1(QUESTIONS: Should the city use Should we reference modified Overlay Zones the basic or detailed or adapt existing RS objective design zone subdistricts? standards toolkit to develop our middle housing design standards? Should accessory dwelling units count towards unit density o a lot? 7.B 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 Packet Pg. 60 7.B 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 Packet Pg. 61 7.B.a 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. s) A neighborhood outreach plan with surrounding property owners and residents and ongoing good neighbor policy; Packet Pg. 62 7.B.a 9) Consider a maximum number of residents (5, 10, 15?) to be permitted in Single Family Residential Zones (IRS). * 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 Packet Pg. 63 7.B.b 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)] Packet Pg. 64 ECDC Chapter 17.125, STEP Housing (Draft Permanent, Rev. 1) Page 2 of 3 7.B.b 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. Packet Pg. 65 ECDC Chapter 17.125, STEP Housing (Draft Permanent, Rev. 1) 7.B.b Page 3 of 3 2. Evictions of residents for unsafe actions are not precluded by city codes. Packet Pg. 66 MODEL ORDINANCE AND COMMUNICATIONS TOOLKIT FOR STEP m S .N 0 a w U) Q v3.5 Packet Pg. 67 7.B.c 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 Ha, 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). STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 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 a w Cn c 0 c 0 c a� E 0 U m Packet Pg. 68 7.B.c Table of Contents Chapter1: Introduction........................................................................................................................................................................................4 Background............................................................................................................ Emerging Best Practices....................................................................................... 5 6 Chapter2: Background........................................................................................................................................................................................7 2021 Updates to the Growth Management Act......................................................................................................................................................................7 RelevantState and Federal Laws............................................................................................................................................................................................8 State of the Practice in Washi .............................................................................................................10 Chapter3: Planning for STEP 101......................................................................................................................................................................13 STEP Definitions ..................................... STEP Financing and Development Process ................ Supporting STEP Projects and Operations .................. 13 15 17 Chapter4: Comprehensive Planning for STEP....................................................................................................................................................18 Chapter5: Permitting STEP...............................................................................................................................................................................19 Chapter6: Model Ordinance...............................................................................................................................................................................22 Chapter7: Accommodating Enough STEP..........................................................................................................................................................31 Demonstrating Sufficient Land Capacity 31 ReducingDevelopment Barriers............................................................................................................................................................................................32 Addressing Potential Community Concerns........................................................................................................................................................................35 Chapter8: Adoption and Implementation...........................................................................................................................................................39 Appendix...........................................................................................................................................................................................................40 Methodology...........................................................................................................................................................................................................................40 STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 3 Packet Pg. 69 a w U) c 0 c 0 c a� E E 0 a� 7.B.c 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 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) Transitional housing means a project that provides housing and supportive services to homeless persons or families for up to two years' 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 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 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). STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 4 Packet Pg. 70 a w U) O CU a� E E O t� d 7.B.c entry than typical for other subsidized or unsubsldlzed 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 a 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/?eventlD=2024031242 6 Washington State Department of Commerce. Homelessness in Washington. March 2024. https://app.leg.wa.gov/ReportsToTheLegislature/Home/GetPDF?fileName=CommerceReports2023_H D_Homelessness_in_Washington_24def55e-7087-43fc-adOc- 7894a56106ab.pdf STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 5 Packet Pg. 71 a w F_ C0 _ 0 _ CU a� E 0 a� 7.B.c Emerging Best Practices Communities can use the following strategies to accommodate local housing needs, prevent perpetuating discriminatory practices that make it a difficult to site and develop STEP, encourage affordable housing production, and support STEP developers, residents and staff. Additionally, these LU 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. 0 _ 0 CU • Allow STEP developments outright as a permitted use in designated zones a� Encourage STEP development in locations close to healthcare services, transportation, jobs and other amenities to promote economic mobility E • and access to services a� • 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 STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 6 Packet Pg. 72 7.B.c 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).' The law requires fully planning local governments$ 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 0 2024 DW Dec«nber 31- M 2025 Due December 31» 2026 Due Juno all" M 2027 Dua June 30 * Started counties ate perbnity planning ur4w the Growth Manapen»nt Act 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. 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 ' 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 ' Packet Pg. 73 a w rn 0 c 0 c a� E E 0 U 7.B.c waiting for Commerce to project housing needs for each county, and some implemented policies that created additional barriers to increasing 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 I Packet Pg. 74 7.B.c Table 1 - STEP Types and Applicable Laws ..S.. ..T.. ..E- ..P- Emergency Transitional Emergency Permanent Shelters Housing Housing Supportive Housing The Growth Management Act and RCWs 35A.21 and 35.21 require fully planning local governments to plan for and accommodate I Y I Y I Y I Y 0 housing affordable to all income levels. 0 0 RCW 35.21.683 and RCW 35A.21.430 requires cities to not prohibit indoor emergency shelters and indoor emergency housing in Y Y Y Y M zones where hotels are allowed. Cities must allow permanent supportive and transitional housing in zones where residential c dwelling units or hotels are allowed. These regulations may limit occupancy, spacing and intensity of use requirements to protect E 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. 0 CU Y W RCW 35.21.689 and RCW 35A.21.305 require cities to allow permanent supportive housing in areas where multifamily housing is permitted. Y* Y* a) 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 � L Y RCW 35.21.682. RCW 35A.21.314 and RCW 36.01.227 prohibit any local government from having requirements related to unrelated Y persons that may occupy a unit. 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. d RCW 35.21.915, RCW 35A.21.360. and RCW 36.01.290 prohibit any local government from regulatory limits on encampments, safe Y Y c� ns parking, overnight shelters, and temporary small houses on property owned or controlled by a religious organization. c RCW 36.70A.540 gives authority to local governments to offer incentives in exchange for providing development for low-income Y* Y* Y 0 housing units. RCW 36.70A.070(2)(c) requires fully planning local governments to document how they have sufficient land use capacity for all Y 0 Y** Y future housing needs by income level. RCW 36.70A.210(3)(e) requires fully planning counties to have countywide planning policies that consider the need for housing for a� Y S Y Y Y all economic segments and the parameters for its distribution. 0 Y Y Y RCW 9.94A.030(6) regulates where level two and three sex offenders may not live. Y = a Y Y Y RCW 36.70A.390 states public hearing requirements for moratoria and interim zoning control are not applicable to regulations that LU Y prohibit building permit applications for transitional housing or permanent supportive housing in any zones in which residential N dwellings or hotels are allowed or prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels M are allowed. c Washington Law Against Discrimination prohibits requirements imposed on STEP that violate civil rights protections. Y Y Y Y d Washington State Residential -Landlord Tenant Act includes laws landlords must follow. Y* Y* t Y w Y Q Washington State Environmental Policy Act requires all branches of government in the state to examine their laws' environmental Y Y Y impacts. At the local level, this requires an assessment of comprehensive plans, development regulations, and project permits :r unless specifically exempted by the act. — c STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 9 Packet Pg. 75 Americans with Disabilities Act prohibits discrimination against individuals with disabilities and provides enforceable standards to Y Y Y address discrimination. Fair Housing Act prohibits "neutral" policy that has a disproportionately adverse effect on a protected class. Y Y Y Religious Land Use and Institutionalized Persons Act prevents the implementation of land use regulations that impose a substantial Y Y Y burden on the religious exercise of a person. *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." 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 >> 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," STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 10 Packet Pg. 76 a w H N c 0 c 0 ce c m E E 0 U d 7.B.c 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 is 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.0301 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 11 Packet Pg. 77 0 0 CU a� E E 0 a� 7.B.c Operations plans: Many communities also require STEP or certain STEP types, such as emergency shelters or emergency housing, to submi operations plans or agreements before they can be permitted. The required information for operations plans varies by jurisdiction. However, common documentation requirements include: w • Contact information for key staff and their roles and responsibilities U) _ • A facility management plan, including security policies and an emergency management plan ° _ • Site and facility maintenance policies w° CU • Occupancy policies • A staffing plan • A community engagement plan c • Documentation of record -keeping processes • A description of transportation either provided or accessible to residents a� These requirements can create barriers to STEP production and are inconsistent with state law generally when required of permanent 3 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 12 Packet Pg. 78 7.B.c 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 w 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. o _ STEP Definitions CU Washington state uses specific terms and definitions for STEP that are used throughout this report; see Chapter 1: Introduction. For the purposes of E the state's model ordinance and this report, STEP refers to developments that meet the Washington State Residential Building Code based on the E 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 homes" 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). STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 13 Packet Pg. 79 7.B.c services offered, occupants may still be considered "unsheltered" under federal definitions. For example, HUD considers someone living in their car as experiencing unsheltered homelessness.'$ 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 Exchanoe. 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 14 Packet Pg. 80 a w U) _ 0 _ CU0 a� E 0 a� 7.B.c 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 a Lu 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, 0 but this is not the case in licensed residential facilities, such as licensed adult family homes, group living homes for persons with intellectual or c developmental disabilities, or assisted living facilities for seniors where residents must pay towards the cost of their care."CU w Disaster Relief / Recovery Shelter: While STEP may be used in the event of a disaster (e.g., floods, wildfires, landslides, and earthquakes) to meet a� E E immediate needs, disaster relief and recovery shelters established by FEMA, local governments or others in response to a disaster (before or after) 00 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, seethe Department of Commerce's STEP Housing Definitions Factsheet. 21 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. 21 For more information on funding sources, see the Department of Commerce's STEP State of the Practice Report and STEP Operations Guide. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 15 Packet Pg. 81 STEP project sponsor or another partner identifies STEP project partners create a detailed development plan STEP project partners make any necessary revisions to community needs (e.g., reviewing existing community plans, studies and date and engaging (e.g., architectural drawings, engineering plans, and other the development plan after it is reviewed by local relevant documentation) and apply for a building permit. government departments, such as building, zoning and the local Continuum of Care lead agency and fire safety, to ensure compliance with all relevant public housing authority) and develops a design concept to help address those needs. regulations to receive permit approval. STEP project sponsor or another partner Identifies additional key partners (e.g., architect, attorney, development consultant, funders, tax credit syndicator if using Low Income Housing Tax Credits, general contractor and management company) and begins securing financial com mit mec" tw Maie" COO'MWAion STEP project partners identify an appropriate Location (e.g., where the project complies with zoning code, development regulations and funding requirements) and obtain site control. A project's funding can drive its site selection; for example, some funders' scoring criteria look at neighborhood demographics, amenities, transit options and other location characteristics. STEP project partners secure funding commitments. Developing and operating STEP projects requires some form of financial assistance from the public sector, financial institutions, private investors or non-profit organizations. Often, a combination of these funding sources is needed, each with its own unique requirements. STEP project partners conduct a site assessment, financial feasibility analysis and other predevelopment activities, like community engagement. In some jurisdictions, neighborhood responses to affordable housing can drive local siting and permitting decisions. Some developers may need to conduct early public outreach and engagement to foster community support for their project. •■I F!N STEP project obtains a certificate of occupancy and opens for operation. In Washington state, most STEP accomodations do not have licensing and operating requirements under state law. However, once STEP opens, operation involves numerous activities, such as developing operating procedures and policies, ordering furniture and supplies, hiring and training staff, marketing services, planning for move -ins, property management, service delivery and responding to fundersllenders reporting requirements. 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.21 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 webpaae 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/smal4-4884.pdf. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 17 Packet Pg. 83 a w co _ 0 _ 0 w CU a� E E 0 m 7.B.c 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.10 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 18 Packet Pg. 84 (L w U) c 0 c 0 M c a� E 0 U d 7.B.c 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 a 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. sa. ss, sb 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 2 w conditional use permits, commonly fall under Type III and higher. CU a� Project permit decisions can involve different decision makers and levels of public input. Projects permits approved by local planning staff without E 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 -4) adopted criteria. Conditional use permits and variances heard and decided by a hearings examiner are common examples of quasi-judicial permits. 'S 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 19 Packet Pg. 85 7.B.c Table 2 - Example of Local Permit Processes by Project Types Approval Process Recommended review process for STEP Type Permitting Table Administrative 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 Permitted Administrative Discretionary 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 Permitted, sometimes with footnotes, OR Administrative Conditional Use (emergency housing and emergency shelter ONLY, not PSH or transitional housing)37 Quasi -Judicial Projects that do not meet the requirements for a Type 1 or Type II Permit. 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 tc 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) STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 20 IL w F_ rn _ 0 _ 0 w cU _ m E E 0 m Packet Pg. 86 7.B.c • Allow permanent supportive housing and transitional housing to be permitted using the same process as housing development genera y (RCW 36.130.020). • Use the lowest level permitting type for STEP (e.g. Type I permit process is preferred to Type III). w • 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. o 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. E 0 U d STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 21 Packet Pg. 87 7.B.c 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 1 General: Ordinance number and title, recitals or whereas clauses, enactment clause and statement of purpose. • Section 11 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 L General i. Ordinance Number and Title AN ORDINANCE REGULATING THE SITING AND DEVELOPMENT OF EMERGENCY SHELTERS, TRANSITIONAL HOUSING, EMERGENCY HOUSING AND PERMANENT SUPPORTIVE HOUSING. Nil AN ORDINANCE amending [chapter number amended] of the municipal code. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 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. 22 a w Cn c 0 c 0 c a� E E 0 U d Packet Pg. 88 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 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. 23 a W 0 _ 0 CU _ m E E 0 m Packet Pg. 89 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) 1) 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. iii. Enactment Clause Therefore, the [approving entity, for example, City Council or Board of County Commissioners, and community name] does ordain as follows: 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Enactment Clause: The enactment cause includes who adopted the ordinance. 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 24 a w F_ CO _ 0 _ 0 w cU c m E E 0 m Packet Pg. 90 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. ll. 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 transportation, jobs and other services, and a goal related to supporting the broader community with the code. w U) _ 0 _ 0 w cU m E E 0 m 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 25 Packet Pg. 91 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)) STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 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. 26 a w 0 _ 0 w cU m E E 0 m Packet Pg. 92 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. Emergency Shelter P* Transitional housing P Emergency housing P* Permanent P supportive housing 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 se For more information, see the Department of Commerce's Multi -Family Housing Property Tax Exemption Program webpage. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 27 a W 0 _ 0 CU m E E 0 m Packet Pg. 93 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.7031 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 STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 a w rn 0 _ 0 w cU m E E 0 m Packet Pg. 94 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 w 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. 0 _ 0 Jurisdictions should also limit what they require in these plans to help streamline the permitting of STEP projects. ForCU example, an operations agreement may provide the following: c m E • One phone number for emergencies E • Operating funding information to inform local governments of existing requirements and support a project may 0 have m • 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 m M receive services, Commerce recommends jurisdictions do not add additional requirements STEP participants need to 0 comply with to receive services or to access a project (e.g., IDs, documentation, income verification, etc.). m 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 29 Packet Pg. 95 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 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). 30 a W U) C 0 C 0 0 c E 0 U d Packet Pg. 96 7.B.c Chapter 7: Accommodating Enough STEP 0. W 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 o their ordinances and regulations, and defer to funder requirements and clear communication processes with housing and service providers. c w 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 E 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). a 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - DRAFT (MAY 2024) 31 Packet Pg. 97 7.B.c 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." 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.ora/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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 32 a w F_ rn _ 0 _ 0 CU a� E 0 m Packet Pg. 98 7.B.c 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 loca 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." 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 Unclear rules and requirements that are inconsistent with state and federal laws Regulations different from those for general housing development Spacing requirements (e.g., minimum distances from parks, schools or other facilities) 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. 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. 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 33 a w rn _ 0 _ CU0 a� E 0 m Packet Pg. 99 7.B.c _ Limiting maximum densities or minimum 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. w cn c 0 Do not place restrictions on STEP that are not placed on other housing or shelter types, unless it is c 0 square footage 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 E director, city engineer or another local decisionmaker with sufficient capacity and expertise. E 0 High off-street parking requirements and Waive or significantly reduce parking minimums for STEP projects because they serve individuals who often U ground -floor retail requirements 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. 2 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 Waive restrictions on support spaces, which may be considered a non-residential use, within permanent office space, within a permanent supportive supportive housing properties in residential zones to provide its tenants with greater access to services and housing building in a residential zone amenities that can help them become self-sufficient and stably housed long term. Facility operating and reporting requirements Requirements for coordination with local police and fire departments 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 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. 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. 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 STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 34 Packet Pg. 100 7.B.c plans or agreements (e.g., operations plans or good neighbor agreements) Conditional use permits, design review requirements47 and discretionary review processes48 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. 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 36.7013.120(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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 35 a w rn 0 _ w cU m E E 0 m Packet Pg. 101 7.B.c 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 w have regulatory requirements developers must meet.so 0 Making support services optional: Some community members may be concerned about making support services optional for STEP clients. c However, support services should not be mandatory so that STEP projects do not unintentionally discriminate against clients for religious cc 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 E services."Additionally, while services are optional for the participant in permanent supportive housing, they are a core component of it and thus c 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." • 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 so 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 36 Packet Pg. 102 7.B.c Department of Commerce's Housing Division developed the Permanent Supportive Housing Communications Toolkit, which includes the following helpful materials: a • Permanent Supportive Housing 101 Factsheet W • Benefits of Permanent Supportive Housing Factsheet • Building a Community of Support guidance ° • Common Community Concerns FAQ: Understand and Respond w° CU • Considerations for Rural and Urban Communities • Amplifying the Voices of People in Need of Permanent Supportive Housing Factsheet • Lessons Learned Factsheet c • 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 37 Packet Pg. 103 .B. 7c When STEP providers do not comply with funders' requirements: In situations where STEP service providers/property owners do not comp y 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 w 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. o Sex offenders near children: Some local regulations in Washington currently impose potentially discriminatory distancing requirements for _ 0 CU 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 E three sex offenders (RCW9.94A.030(6)). Furthermore, policies that prevent STEP from being built near parks, schools or other public uses can c 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." 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.ora/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.00v/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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 38 Packet Pg. 104 7.B.c 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 w 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. o _ General tips for adoption and implementation of STEP regulations include: w • 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 c council, board of county commissioners or other approving entity. Allow for some cushion in case more time is needed to respond to public and a decision -maker comments, as well as provide time to consider land capacity if spacing, occupancy or intensity of use restrictions are P considered. 2 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 39 Packet Pg. 105 7.B.c Appendix Methodology a co From February 2024 through July 2024, Commerce is working with Abt Global and the Corporation for Supportive Housing (the project team) to 0 create a STEP Model Ordinance, User Guide and Best Practices Report and Communications Toolkit. The following includes the project team's c methodology for drafting the STEP Model Ordinance, User Guide and Best Practices Report. CU a� Establish an Advisory Committee E To inform the model ordinance and its supplemental materials, the project team established an advisory committee including representatives from 00 individual jurisdictions who have regulated types of STEP in their communities, STEP developers, and stakeholders who were involved in the P 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 STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 40 Packet Pg. 106 7.B.c team's research included conducting virtual interviews and small groups with representatives from local planning departments and other STE 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 (L w U) c 0 c 0 c a� E 0 U a� AM 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 41 Packet Pg. 107 8.A 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 Packet Pg. 108 8.A 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: Packet Pg. 109 8.A 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 Packet Pg. 110 8.A.a CERTIFICATION OF ENROLLMENT SUBSTITUTE SENATE BILL 6015 N Chapter 274, Laws of 2024 a 68th Legislature o 2024 Regular Session V a� _ MINIMUM PARKING REQUIREMENTS —RESIDENTIAL DEVELOPMENT m IL d EFFECTIVE DATE: June 6, 2024 0 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 Approved March 26, 2024 9:43 AM JAY INSLEE Governor of the State of Washington 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 FILED March 27, 2024 Secretary of State State of Washington Packet Pg. 111 8.A.a 1 2 SUBSTITUTE SENATE BILL 6015 AS AMENDED BY THE HOUSE Passed Legislature - 2024 Regular Session N State of Washington 68th Legislature 2024 Regular Session a By Senate Local Government, Land Use & Tribal Affairs (originally sponsored by Senators Shewmake, Kuderer, and Liias) c t� READ FIRST TIME 01/31/24. _ �a a AN ACT Relating to parking configurations for residential uses; and adding a new section to chapter 36.70A RCW. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NEW SECTION. Sec. 1. A new section is added to chapter 36.70A RCW to read as follows: (1) Cities and counties planning under this chapter shall enforce land use regulations for residential development as provided in this section: (a) Garages and carports may not be required as a way to meet minimum parking requirements for residential development; (b) Parking spaces that count towards minimum parking requirements may be enclosed or unenclosed; (c) Parking spaces in tandem must count towards meeting minimum parking requirements at a rate of one space for every 20 linear feet with any necessary provisions for turning radius. For purposes of this subsection, "tandem" is defined as having two or more vehicles, one in front of or behind the others with a single means of ingress and egress; (d) Existence of legally nonconforming gravel surfacing in existing designated parking areas may not be a reason for prohibiting p . 1 S S packet Pg. 112 8.A.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 utilization of existing space in the parking area to meet local parking standards, up to a maximum of six parking spaces; (e) Parking spaces may not be required to exceed eight feet by 20 feet, except for required parking for people with disabilities; (f) Any county planning under this chapter, and any cities within those counties 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; and (g) Parking spaces that consist of grass block pavers may count toward minimum parking requirements. (2) Existing parking spaces that do not conform to the requirements of this section by the effective date of this act 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 spaces during resurfacing if doing so will be more costly or require significant reconfiguration of the parking space locations. (3) The provisions in subsection (1) of this section do not apply to portions of cities within a one -mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements. 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 --- :: R a d M 0 t� a� c M a �a d .N W p. 2 S S packet Pg. 113 8.A.a FINAL BILL REPORT SSB 6015 C274L24 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. Senate Bill Report - 1 - SSB 6015 Packet Pg. 114 8.A.a 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; 1. 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 • 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: Senate Bill Report - 2 - SSB 6015 Packet Pg. 115 8.A.a • 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) Effective: June 6, 2024 Senate Bill Report -3- SSB 6015 Packet Pg. 116 8.A.b 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 Approved March 27, 2020 2:59 PM JAY INSLEE Governor of the State of Washington 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 FILED March 27, 2020 Secretary of State State of Washington Packet Pg. 117 8.A.b 1 2 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. AN ACT Relating to accessory dwelling unit regulation; adding new sections to chapter 36.70A RCW; and creating a new section. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NEW SECTION. Sec. 1. (1) The legislature makes the following findings: (a) Washington state is experiencing a housing affordability crisis. Many communities across the state are in need of more housing for renters, across the income spectrum. Accessory dwelling units are frequently rented at below market rate, providing additional affordable housing options for renters. (b) Accessory dwelling units are often occupied by tenants who pay no rent at all; among these tenants are grandparents, adult children, family members with disabilities, friends going through life transitions, and community members in need. Accessory dwelling units meet the needs of these people who might otherwise require scarce subsidized housing space and resources. (c) Accessory dwelling units can meet the needs of Washington's growing senior population, making it possible for this population to age in their communities by offering senior -friendly housing, which prioritizes physical accessibility, in walkable communities near amenities essential to successful aging in place, including transit P. 1 E S S packet Pg. 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 8.A.b and grocery stores, without requiring costly renovations of existing housing stock. (d) Homeowners who add an accessory dwelling unit may benefit from added income and an increased sense of security. (e) Siting accessory dwelling units near transit hubs and near public amenities can help to reduce greenhouse gas emissions by increasing walkability, shortening household commutes, and limiting sprawl. (2) The legislature intends to promote and encourage the creation of accessory dwelling units as a means to address the need for additional affordable housing options. NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows: The definitions in this section apply throughout sections 3 and 4 of this act unless the context clearly requires otherwise. (1) "Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit. (2) "Attached accessory dwelling unit" means an accessory dwelling unit located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit. (3) "City" means any city, code city, and town located in a county planning under RCW 36.70A.040. (4) "Detached accessory dwelling unit" means an accessory dwelling unit that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit. (5) "Dwelling unit" means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation. (6) "Major transit stop" means: (a) A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW; (b) Commuter rail stops; (c) Stops on rail or fixed guideway systems, including transitways; (d) Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or p. 2 E S S Packet Pg. 119 1 (e) Stops for a bus 2 service at intervals of 3 hours of operation. M 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 8.A.b or other transit mode providing fixed route at least fifteen minutes during the peak NEW SECTION. Sec. 3. A new section is added to chapter 36.70A RCW to read as follows: (1) Cities must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official Q. controls the requirements of section 4 of this act to take effect by 0 July 1, 2021. c� (2) Beginning July 1, 2021, the requirements of section 4 of this S L act: f° a (a) Apply and take effect in any city that has not adopted or r c amended ordinances, regulations, or other official controls as .N required under this section; and (b) Supersede, preempt, and invalidate any local development regulations that conflict with section 4 of this act. E NEW SECTION. Sec. 4. A new section is added to chapter 36.70A RCW to read as follows: (1) Except as provided in subsection (2) and (3) of this section, through ordinances, development regulations, zoning regulations, and other official controls as required under section 3 of this act, cities may not require the provision of off-street parking for accessory dwelling units within one -quarter mile of a major transit stop. (2) A city may require the provision of off-street parking for an accessory dwelling unit located within one -quarter mile of a major transit stop if the city has determined that the accessory dwelling unit is in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on -street parking infeasible for the accessory dwelling unit. (3) A city that has adopted or substantively amended accessory dwelling unit regulations within the four years previous to the effective date of this section is not subject to the requirements of this section. NEW SECTION. Sec. 5. A new section is added to chapter 36.70A RCW to read as follows: p. 3 E S S packet Pg. 120 8.A.b I Nothing in this act modifies or limits any rights or interests 2 legally recorded in the governing documents of associations subject 3 to chapter 64.32, 64.34, 64.38, or 64.90 RCW. 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. r c� --- END --- a m M 0 U c L a ca c a� .y d w p. 4 E S S packet Pg. 121 8.A.b 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 apart of the legislation nor does it constitute a statement of legislative intent. Senate Bill Report - 1 - ESSB 6617 Packet Pg. 122 8.A.b 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 - 2 - ESSB 6617 Packet Pg. 123 8.A.c CERTIFICATION OF ENROLLMENT SUBSTITUTE HOUSE BILL 2343 G �a a Chapter 173, Laws of 2020 0 U 66th Legislature c' 2020 Regular Session '? ca a T URBAN HOUSING SUPPLY --VARIOUS PROVISIONS c 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 Approved March 27, 2020 2:15 PM JAY INSLEE Governor of the State of Washington 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 FILED March 27, 2020 Secretary of State State of Washington Packet Pg. 124 8.A.c SUBSTITUTE HOUSE BILL 2343 AS AMENDED BY THE SENATE N Passed Legislature - 2020 Regular Session a State of Washington 66th Legislature 2020 Regular Session 0 By House Environment & Energy (originally sponsored by v Representatives Fitzgibbon, Frame, Macri, Doglio, Tharinger, and c Pollet) IL READ FIRST TIME 01/30/20. R r as .y 1 AN ACT Relating to urban housing supply; amending RCW 36.70A.600, 2 43.21C.495, 36.70A.620, and 36.70A.610; reenacting and amending RCW 3 36.70A.030; and creating a new section. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Sec. 1. RCW 36.70A.600 and 2019 c 348 s 1 are each amended to read as follows: (1) A city planning pursuant to RCW 36.70A.040 is encouraged to take the following actions in order to increase its residential 'c building capacity: r c (a) Authorize development in one or more areas of not fewer than r r five hundred acres that include at least one train station served by a 3 commuter rail or light rail with an average of at least fifty r residential units per acre that require no more than an average of i one on -site parking space per two bedrooms in the portions of i multifamily zones that are located within the c areas; (b) Authorize development in one or more areas of not fewer than ((fie)) two hundred acres in cities with a population greater than forty thousand or not fewer than ((fie)) one s hundred ((may)) acres in cities with a population less than forty thousand that include at < least one bus stop served by scheduled bus service of at least four times per hour for twelve or more hours per day with an average of at p . 1 SH Packet Pg. 125 i 8.A.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 least twenty-five residential units per acre that require no more than an average of one on -site parking space per two bedrooms in portions of the multifamily zones that are located within the areas; (c) Authorize at least one duplex, triplex, quadplex, sixplex, stacked flat, townhouse, or courtyard apartment on each parcel in one or more zoning districts that permit single-family residences unless a city documents a specific infrastructure of physical constraint that would make this requirement unfeasible for a particular parcel; (d) Authorize a duplex, triplex, quadplex, sixplex, stacked flat, townhouse, or courtyard apartment on one or more parcels for which they are not currently authorized; (eZ Authorize cluster zoning or lot size averaging in all zoning districts that permit single-family residences; (((e) A��hei=iEe--attael=reel--aeeesseiy 4we34ing units en all: p V==ls ee n ta-in i n g s inffle faffiily heFftes wheLce the let is at least thLcee t1=te,dsanel twe13Trci Lce-rC'Cin sd:. ,anel pe�d:tCG'GiGZZ'CC[ are—dotaeheel aeeesseLcyelwellinff units en all par_=ls ee;-}a =ng single far-evrdeelets are at least €e, , ~= } h e i, r e thLcee y-i is _re]_=ed fifty i x sqidar-e feet in siEe. _,, , -fyi„g eity er-elinanees eL= r�rl a t i e r-e -�4de€eL- en site F_ _ ,c k inff rr........ r } s , ewi.9e_- eee,aleaney LceEfidirrefftents, eL= sefidaie—€eet 'ff , 1iffiitatiens clew—net p r-e h ila- } the s ele is te—rental eical-e—ef aeeesseicy 44nej idnits--ana the pLcif-aLcyr-esidenee. Gities fftidst set applieable—ifftpaet fees at ne ate � 'L= e j e'e-}t eel i fftp x et ef�ee e e� s seamy l-i rs�T e a-l-l-ew leeal flemibilit ethe }h }hese�eCeics, aeeesse�-y e• _l l g wits-fta y be sidbjeet—tesueh rl a t i e n s, e-en el i t i ens, p r-e rres, an� l ifff i ta t i e n s--ar.d_eteL=Ffti leeal: legrsl-a t i v e--aidtheLcit —and ffild 5 t f ellew all applieable—st-ate anel €eele-r-allaws anel leeal er�inanees) ) (f) Adopt a subarea plan pursuant to RCW 43.21C.420; (g) Adopt a planned action pursuant to RCW 43.21C. 440 (1) (b) (ii) , except that an environmental impact statement pursuant to RCW 43.21C.030 is not required for such an action; (h) Adopt increases in categorical exemptions pursuant to RCW 43.21C.229 for residential or mixed -use development; (i) Adopt a form -based code in one or more zoning districts that permit residential uses. "Form -based code" means a land development regulation that uses physical form, rather than separation of use, as the organizing principle for the code; p. 2 SH packet Pg. 126 8.A.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (j) Authorize a duplex on each corner lot within all zoning districts that permit single-family residences; (k) Allow for the division or redivision of land into the maximum number of lots through the short subdivision process provided in chapter 58.17 RCW; (()) (1) Authorize a minimum net density of six dwelling units per acre in all residential zones, where the residential development capacity will increase within the city. For purposes of this subsection, the calculation of net density does not include the square footage of areas that are otherwise prohibited from development, such as critical areas, the area of buffers around critical areas, and the area of roads and similar features; (mZ Create one or more zoning districts of medium density in which individual lots may be no larger than three thousand five hundred square feet and single-family residences may be no larger than one thousand two hundred square feet; (nZ Authorize accessory dwelling units in one or more zoning districts in which they are currently prohibited; (oZ Remove minimum residential parking requirements related to accessory dwelling units; _Remove owner occupancy requirements related to accessory dwelling units; (q) Adopt new square footage requirements related to accessory dwelling units that are less restrictive than existing square footage requirements related to accessory dwelling units; (rZ Adopt maximum allowable exemption levels in WAC 197-11-800(1) as it existed on the effective date of this section, or such subsequent date as may be provided by the department of ecology by rule, consistent with the purposes of this section; (s) Admit standards for administrative approval of final plats pursuant to RCW 58.17.100L (tZ Adopt ordinances authorizing administrative review of Preliminary plats pursuant to RCW 58.17.095; (u) 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; (v) 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, p. 3 SH packet Pg. 127 8.A.c I multifamily housing, low-income housing, and senior housing, but 2 excluding essential public facilities; 3 (w) Allow off-street parking to compensate for lack of on -street 4 parking when private roads are utilized or a parking demand study y m 5 shows that less parking is required for the project; Q. 6 (x) Develop a local program that offers homeowners a combination M 7 of financing, design, permitting, or construction support to build a) c t) 8 accessory dwelling units. A city may condition this program on a a) 9 requirement to provide the unit for affordable home ownership or rent 10 the accessory dwelling unit for a defined period of time to either �a a R 11 tenants in a housing subsidy program as defined in RCW 43.31.605(14) 12 or to tenants whose income is less than eighty percent of the city or y 13 county median family income. If the city includes an affordability m 14 requirement under the program, it must provide additional incentives, 15 such as: E E 16 bonuses; _Density 17 (ii)—Height and bulk bonuses; 3 18 iii _Fee waivers or exemptions; 19 iv reductions; or = _Parking L 20 (v) Expedited permitting; and a 21 (y) Develop a local program that offers homeowners a combination 22 of financing, design, permitting, or construction support to convert 23 a single-family home into a duplex, triplex, or quadplex where those 24 housing types are authorized. A local government may condition this 25 program on a requirement to provide a certain number of units for 26 affordable home ownership or to rent a certain number of the newly 27 created units for a defined period of time to either tenants in a 28 housing subsidy program as defined in RCW 43.31.605(14) or to tenants 29 whose income is less than eighty percent of the city or county median 30 family income. If the city includes an affordability requirement, it 31 must provide additional incentives, such as: 32 _Density bonuses; 33 (ii)—Height and bulk bonuses; 34 iii _Fee waivers or exemptions; 35 iv _Parking reductions; or 36 )_Expedited permitting. 37 (2) A city planning pursuant to RCW 36.70A.040 may adopt a 38 housing action plan as described in this subsection. The goal of any 39 such housing plan must be to encourage construction of additional 40 affordable and market rate housing in a greater variety of housing p . 4 SH packet Pg. 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 types and at prices that are accessible to a greater variety of incomes, including strategies aimed at the for -profit single-family home market. A housing action plan may utilize data compiled pursuant to RCW 36.70A.610. The housing action plan should: (a) Quantify existing and projected housing needs for all income levels, including extremely low-income households, with documentation of housing and household characteristics, and cost -burdened households; (b) Develop strategies to increase the supply of housing, and variety of housing types, needed to serve the housing needs identified in (a) of this subsection; (c) Analyze population and employment trends, with documentation of projections; (d) Consider strategies to minimize displacement of low-income residents resulting from redevelopment; (e) Review and evaluate the current housing element adopted pursuant to RCW 36.70A.070, including an evaluation of success in attaining planned housing types and units, achievement of goals and policies, and implementation of the schedule of programs and actions; (f) Provide for participation and input from community members, community groups, local builders, local realtors, nonprofit housing advocates, and local religious groups; and (g) Include a schedule of programs and actions to implement the recommendations of the housing action plan. (3) If adopted by April 1, ((2021)) 2023, ordinances, amendments to development regulations, and other nonproject actions taken by a city to implement the actions specified in subsection (1) of this section, with the exception of the action specified in subsection (1)(f) of this section, are not subject to administrative or judicial appeal under chapter 43.21C RCW. (4) Any action taken by a city prior to April 1, ( (2921) ) 2023, to amend their comprehensive plan, or adopt or amend ordinances or development regulations, solely to enact provisions under subsection (1) of this section is not subject to legal challenge under this chapter. (5) In taking action under subsection (1) of this section, cities are encouraged to utilize strategies that increase residential building capacity in areas with frequent transit service and with the transportation and utility infrastructure that supports the additional residential building capacity. p. 5 SH packet Pg. 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (6) A city (( )) that is planning to take at least two actions under subsection (1) of this section, and that action will occur between July 28, 2019, and April 1, 2021, is eligible to apply to the department for planning grant assistance of up to one hundred thousand dollars, subject to the availability of funds appropriated for that purpose. The department shall develop grant criteria to ensure that grant funds awarded are proportionate to the level of effort proposed by a city, and the potential increase in housing supply or regulatory streamlining that could be achieved. Funding may be provided in advance of, and to support, adoption of policies or ordinances consistent with this section. A city can request, and the department may award, more than one hundred thousand dollars for applications that demonstrate extraordinary potential to increase housing supply or regulatory streamlining. (7) A city seeking to develop a housing action plan under subsection (2) of this section is eligible to apply to the department for up to one hundred thousand dollars. (8) The department shall establish grant award amounts under subsections (6) and (7) of this section based on the expected number of cities that will seek grant assistance, to ensure that all cities can receive some level of grant support. If funding capacity allows, the department may consider accepting and funding applications from cities with a population of less than twenty thousand if the actions proposed in the application will create a significant amount of housing capacity or regulatory streamlining and are consistent with the actions in this section. (9) In implementing chapter 348, Laws of 2019, cities are encouraged to prioritize the creation of affordable, inclusive neighborhoods and to consider the risk of residential displacement, particularly in neighborhoods with communities at high risk of displacement. Sec. 2. RCW 43.21C.495 and 2019 c 348 s 4 are each amended to read as follows: If adopted by April 1, ((2921)) 2023, amendments to development regulations and other nonproject actions taken by a city to implement RCW 36.70A.600 (1) or (4), with the exception of the action specified in RCW 36.70A.600(1)(f), are not subject to administrative or judicial appeals under this chapter. SH packet Pg. 130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 8.A.c Sec. 3. RCW 36.70A.620 and 2019 c 348 s 5 are each amended to read as follows: In counties and cities planning under RCW 36.70A.040, minimum residential parking requirements mandated by municipal zoning ordinances for housing units constructed after July 1, 2019, are subject to the following requirements: (1) For housing units that are affordable to very low-income or extremely low-income individuals and that are located within one - quarter mile of a transit stop that receives transit service at least ((€eirr)) two times per hour for twelve or more hours per day, minimum residential parking requirements may be no greater than one parking space per bedroom or .75 space per unit. A city may require a developer to record a covenant that prohibits the rental of a unit subject to this parking restriction for any purpose other than providing for housing for very low-income or extremely low-income individuals. The covenant must address price restrictions and household income limits and policies if the property is converted to a use other than for low-income housing. A city may establish a requirement for the provision of more than one parking space per bedroom or .75 space per unit if the jurisdiction has determined a particular housing unit to be in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on -street parking infeasible for the unit. (2) For housing units that are specifically for seniors or people with disabilities, that are located within one -quarter mile of a transit stop that receives transit service at least four times per hour for twelve or more hours per day, a city may not impose minimum residential parking requirements for the residents of such housing units, subject to the exceptions provided in this subsection. A city may establish parking requirements for staff and visitors of such housing units. A city may establish a requirement for the provision of one or more parking space per bedroom if the jurisdiction has determined a particular housing unit to be in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on -street parking infeasible for the unit. A city may require a developer to record a covenant that prohibits the rental of a unit subject to this parking restriction for any purpose other than providing for housing for seniors or people with disabilities. p. 7 SH packet Pg. 131 8.A.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 () For market rate multifamily housing units that are 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 twelve or more hours per day, minimum residential y m parking requirements may be no greater than one parking space per bedroom or .75 space per unit. A city or county may establish a Q. requirement for the provision of more than one parking space per a� c t) bedroom or .75 space per unit if the jurisdiction has determined a c particular housing unit to be in an area with a lack of access to street parking capacity, physical space impediments, or other reasons �a a R supported by evidence that would make on -street parking infeasible r_ for the unit. �a y m Sec. 4. RCW 36.70A.030 and 2019 c 348 s 2 are each reenacted and amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan. (2) "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: (a) For rental housing, sixty 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 (b) For owner -occupied housing, eighty 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. (3) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production. (4) "City" means any city or town, including a code city. P. 8 SH packet Pg. 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 8.A.c (5) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter. y m (6) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers Q. M used for potable water; (c) fish and wildlife habitat conservation a) c t) areas; (d) frequently flooded areas; and (e) geologically hazardous c areas. "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery �a a R systems, irrigation infrastructure, irrigation canals, or drainage r_ ditches that lie within the boundaries of and are maintained by a y port district or an irrigation district or company. m (7) "Department" means the department of commerce. (8) "Development regulations" or "regulation" means the controls E placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas 3 ordinances, shoreline master programs, official controls, planned 12 unit development ordinances, subdivision ordinances, and binding site L plan ordinances together with any amendments thereto. A development a regulation does not include a decision to approve a project permit `�-° application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. 2' (9) "Extremely low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below thirty percent of the median household income adjusted N for household size, for the county where the household is located, as N reported by the United States department of housing and urban M N development. m x (10) "Forestland" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including t Christmas trees subject to the excise tax imposed under RCW 84.33.100 r a through 84.33.140, and that has long-term commercial significance. In c determining whether forestland is primarily devoted to growing trees E for long-term commercial timber production on land that can be s economically and practically managed for such production, the a following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel p . 9 SH packet Pg. 133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 8.A.c size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forestland to y m other uses. (11) "Freight rail dependent uses" means buildings and other Q. M infrastructure that are used in the fabrication, processing, storage, a) o t) and transport of goods where the use is dependent on and makes use of c an adjacent short line railroad. Such facilities are both urban and rural development for purposes of this chapter. "Freight rail �a a R dependent uses" does not include buildings and other infrastructure r_ that are used in the fabrication, processing, storage, and transport 2 of coal, liquefied natural gas, or "crude oil" as defined in RCW 0 90.56.010. (12) "Geologically hazardous areas" means areas that because of E their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, o 3 residential, or industrial development consistent with public health 2 or safety concerns. _ L (13) "Long-term commercial significance" includes the growing a capacity, productivity, and soil composition of the land for long- term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land. 2' (14) "Low-income household" means a single person, family, or r unrelated persons living together whose adjusted income is at or below eighty percent of the median household income adjusted for N household size, for the county where the household is located, as N reported by the United States department of housing and urban M N development. m x (15) "Minerals" include gravel, sand, and valuable metallic substances. (16) "Permanent supportive housing" is subsidized, leased housing t with no limit on length of stay((, pai:Lceel withen mite --ems eff site a �e l drtai= se r=zreesdesi gn eclte s tie i=t a pei=sen living with a d hei� ��it�te.— ��t��ssf���tenant in i���r-a�r�� E iFftp d.. rstat-as, ,... r r .... r-evethe r�si el i=esielents ef the� a yes)) that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed p . 10 SH packet Pg. 134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 8.A.c to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental historv, criminal historv, and personal behaviors. Permanent supportive housing is paired with on -site or off -site voluntary y m services designed to support a person living with a complex and disabling behavioral health or physical health condition who was Q. experiencing homelessness or was at imminent risk of homelessness a� c t) prior to moving into housing to retain their housing and be a a) successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with �a a R community -based health care, treatment, or employment services. r_ Permanent supportive housing is subject to all of the rights and y responsibilities defined in chapter 59.18 RCW. m (17) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, E domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. 3 (18) "Public services" include fire protection and suppression, 2 law enforcement, public health, education, recreation, environmental L protection, and other governmental services. a (19) "Recreational land" means land so designated under RCW 36.70A.1701 and that, immediately prior to this designation, was designated as agricultural land of long-term commercial significance under RCW 36.70A.170. Recreational land must have playing fields and supporting facilities existing before July 1, 2004, for sports played on grass playing fields. S (20) "Rural character" refers to the patterns of land use and N development established by a county in the rural element of its N comprehensive plan: M N (a) In which open space, the natural landscape, and vegetation m x predominate over the built environment; (b) That foster traditional rural lifestyles, rural -based economies, and opportunities to both live and work in rural areas; t (c) That provide visual landscapes that are traditionally found r a in rural areas and communities; :r (d) That are compatible with the use of the land by wildlife and _ E for fish and wildlife habitat; s (e) That reduce the inappropriate conversion of undeveloped land It into sprawling, low -density development; p . 11 SH packet Pg. 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 8.A.c (f) That generally do not require the extension of urban governmental services; and (g) That are consistent with the protection of natural surface water flows and groundwater and surface water recharge and discharge y m areas. (21) "Rural development" refers to development outside the urban M growth area and outside agricultural, forest, and mineral resource a) o t) lands designated pursuant to RCW 36.70A.170. Rural development can a) consist of a variety of uses and residential densities, including clustered residential development, at levels that are consistent with �a a R the preservation of rural character and the requirements of the rural r_ element. Rural development does not refer to agriculture or forestry y activities that may be conducted in rural areas. m (22) "Rural governmental services" or "rural services" include those public services and public facilities historically and E typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection 3 services, transportation and public transit services, and other 2 public utilities associated with rural development and normally not L associated with urban areas. Rural services do not include storm or a sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4). 20 (23) "Short line railroad" means those railroad lines designated class II or class III by the United States surface transportation board. 2' (24) "Urban governmental services" or "urban services" include ,! those public services and public facilities at an intensity historically and typically provided in cities, specifically including N storm and sanitary sewer systems, domestic water systems, street N cleaning services, fire and police protection services, public M transit services, and other public utilities associated with urban N m x areas and normally not associated with rural areas. (25) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use r a of land for the production of food, other agricultural products, or c fiber, or the extraction of mineral resources, rural uses, rural E development, and natural resource lands designated pursuant to RCW s 36.70A.170. A pattern of more intensive rural development, as Q provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed to spread over wide areas, urban growth typically requires urban p . 12 SH packet Pg. 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth. (26) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110. (27) "Very low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below fifty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (28) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. NEW SECTION. Sec. 5. The department of ecology shall 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, as those sections existed on the effective date of this section, the next time that the department amends rules implementing chapter 43.21C RCW after the effective date of this section. Sec. 6. RCW 36.70A.610 and 2019 c 348 s 3 are each amended to s read as follows: The Washington center for real estate research at the a University of Washington shall produce a (( )) series of reports as described in this section that compiles housing p . 13 SH packet Pg. 137 8.A.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 supply and affordability metrics for each city planning under RCW 36.70A.040 with a population of ten thousand or more. (a) The initial report, completed by October 15, 2020, must be a compilation of objective criteria relating to ((,levelepffi regialatie ,)) income, employment, housing and rental prices, housing affordability ((pregraxfts)) by housing tenure, and other metrics relevant to assessing housing supply and affordability for all income segments, including the percentage of cost -burdened households( (-) ) of each ((eity sub}eet to the—i=epeitreqidr y this ��n)) jurisdiction. This report may also include city -specific median income data for those cities implementing the multifamily tax exemption program under chapter 84.14 RCW. The report completed by October 15, 2021, must include an analysis of the private rental housing market for each area outlining the number of units, vacancy rates, and rents by unit type, where possible. This analysis should separate market rate multifamily rental housing developments and other smaller scale market rate rental housing. This analysis should also incorporate data from the Washington state housing finance commission on subsidized rental housing in the area consistent with the first report under this subsection. (c) The report completed by October 15, 2022, must also include data relating to actions taken by cities under chapter 348, Laws of 2019 as well as detailed information on development regulations, levies and fees, and zoning related to housing development. The report completed by October 15, 2024, and every two years thereafter, must also include relevant data relating to buildable lands reports prepared under RCW 36.70A.215, where applicable, and updates to comprehensive plans under this chapter. The Washington center for real estate research shall collaborate with the Washington housing finance commission and the office of financial management to develop the metrics compiled in the (()) series of reports under this section. The ((fit)) series of reports under this section must be submitted, consistent with RCW 43.01.036, to the standing committees of the legislature with jurisdiction over housing issues and this chapter. Passed by the House March 7, 2020. Passed by the Senate March 3, 2020. Approved by the Governor March 27, 2020. p. 14 SH packet Pg. 138 8.A.c Filed in Office of Secretary of State March 27, 2020. --- END --- P. 15 SH packet Pg. 139 8.A.c 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 apart of the legislation nor does it constitute a statement of legislative intent. House Bill Report - 1 - SHB 2343 Packet Pg. 140 8.A.c 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 - 2 - SHB 2343 Packet Pg. 141 8.A.c • 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. House Bill Report - 3 - SHB 2343 Packet Pg. 142 8.A.c 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 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 House 92 5 (Senate amended) (House concurred) Effective: June 11, 2020 House Bill Report - 4 - SHB 2343 Packet Pg. 143 9.A 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 Packet Pg. 144 9.A.a PB Extended Agenda - March 26, 2025 N N N ci lD N N ci lD N ai Ql Q rf N -1 00 N ri -1 M N 00 Ql M N Q M -1 Q r N Ln O -1 n � N �i 00 U O N N O z N -1 O z lD N (D o O -1 N N W N a '-I C n3 00 N Comprehensive Plan Annual Docket I Rec Capital Improvement Program/Capital Facilties Plan I PH Code Updates Centers + Hubs (final by mid 2025) 1 D D D D PH Rec STEP Housing (HB 1220 - final by mid 2025) 1 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) 44 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 PH- Public Hearing D- Discussion Rec - Recommendation B- Briefing/Q&A R- Report with no briefing/presentation Regular meeting cancelled Special Meetings/Presentations Quarterly updates to Council April 16 - special meeting Meetings in March, April and May will start at 6PM Packet Pg. 145