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2024-02-22 Architectural Design Board PacketOF BbMG ti Agenda Edmonds Architectural Design Board 1,00 REGULAR MEETING BRACKETT ROOM 121 5TH AVE N, CITY HALL- 3RD FLOOR, EDMONDS, WA 98020 FEBRUARY 22, 2024, 6:00 PM REGULAR MEETING INFORMATION This is a Hybrid meeting. Attendees may appear in person or on-line via the zoom link provided. Physical Meeting Location: Brackett Room, 3rd Floor Edmonds City Hall 121 5th Avenue N. Zoom Link: https://edmondswa- gov.zoom.us/j/88959586932?pwd=RzdPWUIwM09PZ1k1MHN2eWM1YXphZz09 Passcode:591531 1. CALL TO ORDER Roll Call 2. APPROVAL OF AGENDA 3. AUDIENCE COMMENTS Statement: This is an opportunity to comment regarding any matter not listed on the agenda as public hearing. Speakers are limited to five minutes. Please clearly state your name and city of residence. 4. APPROVAL OF MINUTES 1. Approval of Minutes January 25th meeting S. NEW BUSINESS 2. 2024 ADB Work Plan 3. Review of the Urban Design Element from the 2020 Comprehensive Plan 6. PUBLIC HEARINGS 7. BOARD REVIEW ITEMS Items requiring review and recommendation from the ADB. 8. BOARD DISCUSSION ITEMS 9. ADB MEMBER COMMENTS 10. ADJOURNMENT Edmonds Architectural Design Board Agenda February 22, 2024 Page 1 Architectural Design Board Agenda Item Meeting Date: 02/22/2024 Approval of Minutes January 25th meeting Staff Lead: Mike Clugston Department: Architectural Design Board Prepared By: Michelle Martin Background/History N/A Staff Recommendation Review and approve minutes from January 25th meeting. Narrative Draft minutes from January 25th meeting attached. Attachments: ADB 01252024_draft Packet Pg. 2 1.a CITY OF EDMONDS ARCHITECTURAL DESIGN BOARD Minutes of Regular Meeting January 25, 2024 Chair Bayer called the hybrid meeting of the Architectural Design Board to order at 6:02 p.m. in the Brackett Room at Edmonds City Hall, 121— 5th Avenue North, Edmonds, Washington. Board Members Present Kim Bayer, Chair Alexa Brooks, Vice Chair Alex Hutchinson Maurine Jeude Corbitt Loch Steve Schmitz Board Members Absent None Staff Present Mike Clugston, Acting Planning Manager Jeff Levy, Senior Planner New Board Member Hutchinson was welcomed. All board members and staff introduced themselves. APPROVAL OF AGENDA The agenda was approved as presented. AUDIENCE COMMENTS None APPROVAL OF MINUTES December 11, 2023 ADB Special Meeting Minutes MOTION MADE BY BOARD MEMBER JEUDE, SECONDED BY BOARD MEMBER SCHMITZ, TO APPROVE THE MINUTES AS PRESENTED. MOTION PASSED UNANIMOUSLY. NEW BUSINESS A. Election of Officers Board Member Jeude nominated Chair Bayer to serve another term as Chair. Architectural Design Board Meeting Minutes of Regular Meeting January25, 2024 Pagel of 3 Packet Pg. 3 1.a Chair Bayer was unanimously re-elected Chair. Board Member Jeude nominated Vice Chair Brooks to serve another term as Vice Chair. Vice Chair Brooks nominated Board Member Schmitz to serve as Vice Chair. Alexa Brooks was re-elected Vice Chair. PUBLIC HEARINGS None BOARD REVIEW ITEMS Acting Planning Manager Clugston discussed items that will be coming to the Board in the near future. The main focuses this year will be the Comprehensive Plan update and Design Review codes and processes. BOARD DISCUSSION ITEMS • Vice Chair Brooks wondered if the Board could still meet on months when there is no actual business in order to get updates on previous topics. Chair Bayer acknowledged that a lot of meetings were cancelled when there were no projects to review, but she thought there were still things they could be discussing. Mr. Clugston stated that he thought this year would be very full of Comprehensive Plan and Design Review code and process discussions. It is likely they will need all the meetings just to address those. There was discussion about forming subcommittees to address priority topics such as multifamily design standards. Mr. Clugston explained that staff intended to put together a list of topics in a work plan for them to take a look at in February. Chair Bayer expressed interest in prioritizing the list, potentially beginning to assign subcommittees, and also starting to think about when they might be able to have a joint meeting with the Planning Board. Board Member Loch was not in favor of having meetings when there is no work. He suggested that the Board receive design standards from staff when they are ready to review and mark up with their individual comments. He encouraged staff to take advantage of the ADB members' unique areas of expertise. Board Member Schmitz agreed. There was general discussion about the uncertainty of the process and the timeline at this point. • Mr. Levy indicated he would send out information about HB 1110, the middle housing bill, and HB 1337, regarding accessory dwelling units. • Board Member Schmitz requested that staff include the ADB early in the Comp Plan drafting process, even before they have made decisions about the code, so the ADB can begin to get up to speed on what the possibilities might be and form opinions. • Chair Bayer referred to the elimination of the two-phase public hearing for design review and wanted to know how they will be able to make sure they get public input and are able to do all they need to do with just one design review meeting. Commissioner Schmitz thought it would actually help them get to the point and clarify what they really want to see with the design standards. • Chair Bayer wondered about having a different regular meeting date since the 4th Thursdays are cancelled in November and December. Mr. Clugston said he could look to see when the room is available but noted they could always schedule a special meeting when there is a conflict. • Mr. Levy assured the Board that while it might seem a little slow, things are going to get very busy this year. Architectural Design Board Meeting Minutes of Regular Meeting January 25, 2024 Page 2 of 3 Packet Pg. 4 1.a ARCHITECTURAL DESIGN BOARD MEMBER COMMENTS No additional comments ADJOURNMENT The meeting was adjourned at 6:54 p.m. Architectural Design Board Meeting Minutes of Regular Meeting January 25, 2024 Page 3 of 3 Packet Pg. 5 as C r as m E s Ln N R 3 C t4 N d w 3 C 4- 0 O L Q Q Q w+ L N O N Ln N r O m Q C d E s c� Q Architectural Design Board Agenda Item Meeting Date: 02/22/2024 2024 ADB Work Plan Staff Lead: Jeff Levy Department: Planning Division Prepared By: Michael Clugston Background/History This is a new item. Staff Recommendation Review proposed work plan. Narrative The ADB's code and policy touches in the work plan are estimates but generally driven by the City's periodic comprehensive plan update process due at the end of 2024, the Planning Board's 2024 work plan for multifamily design standards, and the requirements from House Bill 1293 regarding design standards and processes, changes to which must be adopted by Council by mid-2025. There will still be occasional project reviews as well but those will only be scheduled when they are ready for the Board's review. Attachments: Attachment 1 - 2024 ADB work plan Packet Pg. 6 Architectural Design Board 2.a January February March April May June July August September October November December Week of Ilan ".. IS -Jan 22-Jan 29-Jan S-Feb 12-Feb 19-Feb 126F.b l4M.r III.M.r 1&Mar 25-Mar 1-Apr 8-Apr llSApr 22-Apr "-Apr 6-May 13-May 20-May 21-May 3-Jun 10.),m 17-Jun 29-Jun 1-Ju1 8-Jul 15-Jul 22-Jul 29-Jul 5-Aug 12-Aug 19-Aug 26-Aug 2-Sep 9-Sep I6-Sep 23-Sep 30-Sep 1-0R 19-Oct 21-0R IM0. 4Nov 11-Nov IB-Nov 25-Nov 2-Dec 9-Dec I6-0ec 2}De, 3 Erec Architectural Design Board 25-Jan 2D-Jun 18-Jul 19-Sep Comp Plan Urban Design Review Begin Review and Comment First Draft Review - Individual Discussed First Draft Review - Consolidated Submitted Final ADB Recommendation Submitted Multi -Family Design Standards Begin Review and Comment TBD TBD TBD TBD Final MF Design Standards Recommendation SB 1293 - Clear and Objecdve Design Standards Begin Review and Comment TBD TBD TBD TBD Final SB 1293 Reommendatmn Submitted Packet Pg. 7 Architectural Design Board Agenda Item Meeting Date: 02/22/2024 Review of the Urban Design Element from the 2020 Comprehensive Plan Staff Lead: Jeff Levy Department: Planning Division Prepared By: Michael Clugston Background/History Edmonds is currently doing a periodic update of its comprehensive plan consistent with the requirements of the Growth Management Act (GMA) in RCW 36.70A.130. As part of that work, and consistent with the ADB's powers and duties in ECC 10.05.040, the Board will be reviewing the adopted Urban Design portion of the Community Culture and Urban Design Element of the existing comprehensive plan. This is not a required element of the comprehensive plan, but rather is optional as noted in RCW 36.70A.080. Staff Recommendation The Board will begin review of and comment on the existing design guidance in the 2020 Comprehensive Plan, which is included as Attachment 1. Narrative The goal of this work is for the Board to determine whether particular existing language should remain as -is, needs to be updated, needs to be removed, or whether some new information needs to be added. For context, the final bill report for HB 1293 is included (Attachment 2), which offers a good summary to keep in mind while looking at the Urban Design section. It is not directly enforceable in this optional element but would be a good filter as we think of "clear and concise" language throughout the entire Comp Plan and in future standards and regulations. Additionally, on January 25, the Board requested the latest guidance documents from the Department of Commerce for HB 1337 (ADUs - Attachment 3) and HB 1110 (middle housing - Attachment 4). These provide clear direction for what is mandated by the state. The existing design guidance in the 2020 comprehensive plan is found on pages 122 - 129 and is divided into four subheadings: 1) Urban Design Goals and Policies 2) General Design Objectives (for site design, building form, and building facade) 3) Urban Design Goals & Policies for Specific Areas (Downtown/Waterfront Activity Center, Highway 99 Corridor, and Neighborhood Commercial Areas) 4) Streetscape and Street Trees Goals and Policies Both of the Implementation Actions related to the Streetscape and Street Trees Goals and Policies were Packet Pg. 8 not met by 2018. An Urban Forest Management Plan was developed and adopted in 2019 and the Street Tree Plan is currently under review. Next Steps As noted in the 2024 Work Plan, three additional Board touches of the comprehensive plan are anticipated over the next several months: 1) In March, a first draft review of individual comments will be discussed 2) In April, a first draft review of consolidated comments will be discussed 3) In May, final ADB recommendation is needed Attachments: Attachment 1 - Urban Design Language from 2020 Comp Plan Attachment 2 - HB 1293 summary (clear and objective standards) Attachment 3 - Commerce ADU Guidance (HB 1337) Attachment 4 - Middle Housing Model Ordinances (HB 1110) Packet Pg. 9 3.a Urban Design General. The man-made environment is an expression of human culture and reflects, in physical form, the social values of the members of the community. The manner in which the man-made elements are integrated into the natural environment helps create the community's special characteristics and contribute to the quality of life in Edmonds. The beauty and variety of the natural surroundings in Edmonds and the historical development of the City have combined to create an interesting and visually attractive community. Views, especially views from public corridors and public places, are an important community asset. However, unsightly development — of poor quality or design — does exist in the City. Aging buildings in some parts of the City can create an aesthetic problem if they are not maintained. Retaining historic buildings can positively reinforce the character of an area such as downtown. The strip type of development along Highway 99 has often resulted in economic underdevelopment of private properties that end up being aesthetically displeasing. Although utility wires are placed underground where new development takes place, overhead wires still exist in most of the older parts of the City where they interfere with views and create visual blight. Commercial signs contribute to the color and variety of community life as well as providing an important function but they may also create discordant and unsightly conditions where they are excessive or of poor design. Street landscaping has been utilized in the past on a limited basis. However, in many areas, parking lots, access roads, streets and buildings can be better integrated with the landscape. Urban Design Goals & Policies The general design objectives provided with this goal are intended to provide general guidance, while the subsequent design objectives (Goals B, C and D) for specific locations or situations are intended to supplement the general objectives and add more guidance for those specific situations. Each key goal in this element (or section) is identified by an alphabet letter (for example, "D"). Goals are typically followed by associated policies and these are identified by the letter of the goal and a sequential number (for example, "D.2") General Design Goal A. Design goals and objectives are intended to provide a set of tools for the City to use to guide future development to result in high quality, well -designed, and sensitive projects that reflect the values of the citizens of Edmonds. The goals and related objectives contained in this section are intended to: • improve the physical appearance and character of Edmonds, • improve retail and pedestrian circulation options, Packet Pg. 10 3.a • improve business opportunities, • protect natural environments using sustainable design practices, • protect and enhance the residential character of Edmonds. General Design Objectives Design Objectives for Site Design. The development of parking lots, pedestrian walkways and landscaping features is an integral part of how a building interacts with its site and its surrounding environment. Good design and site planning improves access by pedestrians, bicycles and automobiles, minimizes potential negative impacts to adjacent development, reinforces the character and activities within a district and builds a more cohesive and coherent physical environment. A.1 Vehicular Access. Reduce the numbers and width of driveways (curb cuts) in order to improve pedestrian, bicycle and auto safety. A.2 Layout of Parking. Locating buildings in proximity to the street to facilitate direct pedestrian access and help define the street edge. Parking should be placed to the side and rear. A.3 Connections On- and Offsite. Design site access and circulation within and between sites to encourage linkages for pedestrians, vehicles, and bicycles. Special attention should be paid to providing and improving connections to transit. A.4 Building Entry Location. Building entries should be configured to provide clear entry points to buildings, be oriented to pedestrian walkways/pathways, and support the overall intent of the streetscape environment. Space at the entry for gathering or seating is desirable for residential or mixed use buildings. A.5 Setbacks. Create and maintain the landscape and site characteristics of each neighborhood area and provide a common street frontage tieing each site to its neighbor. Setbacks should be appropriate to the desired streetscape, providing for transition areas between public streets and private building entries where a variety of activities and amenities can occur. A.6 Open Space. For residential settings, create green spaces to enhance the visual attributes of the development and provide places for interaction, play, seating, and other activities. A.7 Building/Site Identity. Improve pedestrian access and way -finding by providing variety in building forms, colors, materials and individuality of buildings. A.8 Weather Protection. Provide covered walkways and entries for pedestrian weather protection. Packet Pg. 11 3.a A.9 Lighting. Provide adequate and appropriate illumination in all areas used by automobiles, bicycles and pedestrians — including building entries, walkways, parking areas, circulation areas and other open spaces — to support activity and security. A.10 Signage. Encourage signage that provides clear information and direction for properties and businesses while preventing the strectscape from becoming cluttered. Encourage the use of graphics and symbols in signage to support the city's emphasis on uniqueness and the arts. A.I I Site Utilities, Storage, Trash and Mechanical Systems. Minimize the noise, odor and visual impacts of utility systems using such features as landscaping, building forms, or integrated design. A.12 Integrating Site Features. Integrate natural landscape features and unique landforms — such as rocky outcroppings or significant trees — into site design whenever possible. A.13 Landscape Buffers. Use landscaping and/or other features such as fences to maintain privacy and create a visual barrier between incompatible uses. These buffering techniques should also be used to soften hard edges (such as the perimeters of parking lots) and reinforce pedestrian ways and circulation routes. Native plants and rain gardens should be promoted as alternatives to lawns and runoff retention areas. Design Objectives for Building Form. Building height and modulation guidelines are essential to create diversity in building forms, minimize shadows cast by taller buildings upon the pedestrian areas and to ensure compliance with policies in the city's Comprehensive Plan. Protecting views from public parks and building entries as well as street views to the mountains and Puget Sound are an important part of Edmonds character and urban form. A.14 Building Form. Encourage new construction to avoid repetitive, monotonous building forms. A.15 Massing. Reduce the apparent bulk and mass of buildings by encouraging human scale elements in building design and/or by subdividing building masses vertically or horizontally. A.16 Roof Modulation. Use roof forms to help identify different programs or functional areas within the building and support differentiation of building form and massing. Roof design, in combination with wall modulation, can allow for additional light to enter buildings or pedestrian spaces. A.17 Wall Modulation. Variation in materials, decorative elements, or other features should be employed to support pedestrian scale environments and streetscapes, or to help break up large building masses to keep in scale with the surrounding environment. Packet Pg. 12 3.a Design Objectives for Building Facade. Building facade objectives ensure that the exterior of a building — the portion of a building that defines the character and visual appearance of a place — is of high quality and demonstrates the strong sense of place and integrity valued by the residents of the City of Edmonds. A.18 Building Facade Design. Encourage building fagades that reinforce the appearance and consistency of streetscape patterns while supporting diversity and identity in building design. A.19 Window Variety and Articulation. Use window size and placement to help define the scale and character of the building. Use the organization and combinations of window types to reinforce the streetscape character or to provide variation in a facade, as well as provide light and air to the building interior. A.20 Variation in Facade Materials. Employ variation in materials, colors or design elements on building fagades to help define the scale and style of the structure. Variation in facade materials can help reduce the apparent bulk of larger buildings while allowing variety and individuality of building design. Urban Design Goals & Policies for Specific Areas In addition to the general design goal and objectives described above under Goal A, supplemental design objectives are outlined below for specific areas or districts within the city. Each key goal in this element (or section) is identified by an alphabet letter (for example, "D"). Goals are typically followed by associated policies and these are identified by the letter of the goal and a sequential number (for example, "D.2") Urban Design Goal B: Downtown/Waterfront Activity Center. Design objectives and standards should be carefully crafted for the Downtown/Waterfront Activity Center to encourage its unique design character and important place -making status within the city. B.1 Vehicular Access and Parking. Driveways and curb cuts should be minimized to assure a consistent and safe streetscape for pedestrians. When alleys are present, these should be the preferred method of providing vehicular access to a property and should be used unless there is no reasonable alternative available. Configuration of parking should support a "park and walk" policy that provides adequate parking while minimizing impacts on the pedestrian streetscape. Packet Pg. 13 3.a B.2 Pedestrian Access and Connections. Improve pedestrian access from the street by locating buildings close to the street and sidewalks, and defining the street edge. Cross walks at key intersections should be accentuated by the use of special materials, signage or paving treatments. Transit access and waiting areas should be provided where appropriate. B.3 Building Entry Location. Commercial building entries should be easily recognizable and oriented to the pedestrian streetscape by being located at sidewalk grade. O Building Setbacks. Create a common street frontage view with enough repetition to tie each site to its neighbor. Encourage the creation of public spaces to enhance the visual attributes of the development and encourage outdoor interaction. In the Waterfront area west of the railroad, buildings should be set back from the waterfront to preserve and provide a buffer from existing beach areas. In the Waterfront area, site layout should be coordinated with existing buildings and proposed improvements to provide views of the water, open spaces, and easy pedestrian access to the beach. Building/Site Identity. In the downtown area, retain a connection with the scale and character of downtown through the use of similar materials, proportions, forms, masses or building elements. Encourage new construction to use designs that reference, but do not replicate historic forms or patterns. Weather Protection. Provide a covered walkway for pedestrians traveling along KWIC public sidewalks or walkways. B.7 Signage. Lighting of signs should be indirect or minimally backlit to display lettering and symbols or graphic design instead of broadly lighting the face of the sign. Signage using graphics or symbols or that contributes to the historic character of a building should be encouraged. :: Art and Public Spaces. Public art and amenities such as ' mini parks, flower baskets, street furniture, etc., should be provided as a normal part of the public streetscape. Whenever possible, these elements should be continued in the portion of the private streetscape that adjoins the public streetscape. In the 4tn Packet Pg. 14 3.a Avenue Arts Corridor, art should be a common element of building design, with greater design flexibility provided when art is made a central feature of the design. B.9 Building Height. Create and preserve a human scale for downtown buildings. Building frontages along downtown streetscapes should be pedestrian in scale. B.10 Massing. Large building masses should be subdivided or softened using design elements that emphasize the human scale of the streetscape. Building facades should respect and echo historic patterns along downtown pedestrian streets. B.11 Building Fagade. Provide a human scale streetscape, breaking up long facades into defined forms that continue a pattern of individual and distinct tenant spaces in commercial and mixed use areas. Avoid blank, monotonous and imposing building facades using design elements that add detail and emphasize the different levels of the building (e.g. the top or cornice vs. the pedestrian level or building base). B.12 Window Variety and Articulation. In the downtown retail and mixed commercial districts, building storefronts should be dominated by clear, transparent glass windows that allow and encourage pedestrians to walk past and look into the commercial space. Decorative trim and surrounds should be encouraged to add interest and variety. Upper floors of buildings should use windows as part of the overall design to encourage rhythm and accents in the fagade. Urban Design Goal C: Highway 99 Corridor. Additional Design Objectives for the Highway 99 Corridor should support its function as a locus of commercial and potential mixed use activity, building on the availability of multiple forms of transportation and its proximate location to surrounding neighborhoods. C.1 General Appearance and Identity. Design of buildings and spaces along Highway 99 should encourage a feeling of identity associated with different sections of the highway. C.2 Site Design. Site design should allow for vechicular access and parking as well as safe access and circulation for pedestrians. Whenever possible, sites should provide connections between adjacent businesses and between businesses and nearby residential neighborhoods. C.3 Landscaping and Buffering. Landscaping, fencing or other appropriate techniques should be used to soften the street front of sites and also used to buffer more intensive uses from adjoining less intensive use areas (e.g. buffer commercial from residential development). Urban Design Goal D: Neighborhood Commercial Areas. Design in neighborhood commercial areas should seek to support the function of the neighborhood center while paying close attention to its place within the neighborhood setting. Packet Pg. 15 3.a D.1 Landscape and Buffering. Special attention should be paid to transitions from commercial development to surrounding residential areas, using landscaping and/or gradations in building scale to provide compatible development. Streetscape and Street Trees General. Trees are a valuable asset to the community.They help absorb stormwater, provide habitat for wildlife, clean pollution from the air, and give both summer shade and aesthetic pleasure. Trees on public property and within the right-of-way are a common feature of urban design. "Streetscape" is a term that refers to the street environment, often including pedestrian features, landscaping, lighting, pavement materials, and signage. The streetscape plays an important role in the livability and character of Edmonds. Public streets, with their associated walkways and pedestrian spaces, provide the places for people to interact with their neighbors, accommodate public events and commerce, promote human needs for enjoyment and exercise including arts and aesthetics, and can improve the ecological function of the city. When designed properly, the Streetscape complements the urban design elements incorporated into the development of private property. A Streetscape Plan was developed in 2002 by the Parks, Recreation, and Cultural Services Department and updated in 2006. It focused on the public realm along streets, certain areas of the City such as the 4th Avenue Arts Corridor, Highway 99 International area, and downtown. The Streetscape Plan included a Street Tree Plan as an appendix. The Street Tree Plan has since been updated to reflect lessons learned about preferred tree species in certain locations. The Street Tree Plan provides guidance to the City in selecting and maintaining street trees in specific areas. In 2011, the City adopted a `Complete Streets' program that prioritizes accommodating the needs of all users — including pedestrians, bicyclists, transit and individual vehicles — in transportation projects. The intent is to create safe environments for people of all ages and abilities while improving transportation options and connections between the City's destinations and centers of activity. A complete streets approach can improve the ability of residents and visitors to experience the City in a variety of ways while improving environmental quality, enhancing economic activity, and promoting healthy lifestyle. Where feasible, street trees or other landscaping located between the travel lane and the sidewalk can improve the pedestrian experience. This section has a key goal and several policies specifically related to Streetscape and street trees within the public right of way. Streetscape and Street Trees Goals & Policies Each key goal in this element (or section) is identified by an alphabet letter (for example, "D"). Goals are typically followed by associated policies and these are identified by the letter of the goal and a sequential number (for example, "D.2") Packet Pg. 16 3.a Streetscape and Street Trees Goal A. Enhance the public realm through streetscape and street tree choices. A.1. Encourage improvements to streets that link parks, open spaces, recreation centers, employment centers, and transportation nodes. A.2. Balance the need for short-term parking for shoppers and loading for businesses with the need for pedestrian -oriented design, especially downtown. A.3. As opportunities arise, provide for sustainable streetscapes that can enhance the natural environment, help ensure safety, and complement the characteristics of the neighborhood or district in which they are located. A.4. Promote the planting and maintenence of landscaping and street trees to enhance City gateways and connections; strengthen the character and identify of downtown and other retail/commercial centers; and improve the pedestrian environment. A.5. Seek to maintain and retain existing healthy trees in the rights -of -way without sacrificing public safety or public infrastructure or allowing a hazard or nuisance A.6. Selecting and managing trees for planting in the public rights -of -way should be based on a variety of factors, such as aesthetics, view corridors, safety, maintenence, size, spacing, longevity, location, utilities, and adaptability to the regional environment. Implementation Actions Implementation actions are steps that are intended to be taken within a specified timeframe to address high priority Streetscape and Street Tree goals. The actions identified here are specifically called out as being important, but are not intended to be the only actions or measures that may be used by the City. Action 1: Develop an update to the Street Tree Plan by the end of 2018. Action 2: Develop an Urban Forest Management Plan by the end of 2018. Packet Pg. 17 3.b FINAL BILL REPORT ESHB 1293 C 333 L 23 Synopsis as Enacted Brief Description: Streamlining development regulations. Sponsors: House Committee on Housing (originally sponsored by Representatives Klicker, Leavitt, Barkis, Jacobsen, Waters, Chapman, Reed and Graham). House Committee on Housing Senate Committee on Local Government, Land Use & Tribal Affairs 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 a wide 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 referred to as fully planning under the GMA. Counties that fully plan under the GMA must designate urban growth areas (UGA), within which urban growth must be encouraged and outside of which growth may occur only if it is not urban in nature. Each city in a county must be included in a UGA. Fully planning jurisdictions must include within their UGAs sufficient areas and densities to accommodate projected urban growth for the succeeding 20-year period. Project Review. Before developing land, a developer must obtain permits from the local government that allow the development. These permits can include land use permits, environmental permits, building permits, and others, and are known as project permits. All counties and cities, including those not planning under the GMA, are required to combine the environmental review process with the project permit review process. When a fully planning county or city is reviewing a project, its comprehensive plan and This analysis was prepared by non partisan legislative staff for the use of legislative w members in their deliberations. This analysis is not part of the legislation nor does it a constitute a statement of legislative intent. House Bill Report - 1 - ESHB 1293 Packet Pg. 18 3.b development regulations must serve as the basis for the project permit review. In determining if a proposed project is consistent with the comprehensive plan and development regulations, the county or city must consider the type of land use, the level of development or density proposed, and the availability of infrastructure needed to service the development. Fully planning counties and cities must comply with additional project permit processing requirements, including establishing an integrated or consolidated permit process. Counties and cities are encouraged to adopt project review provisions to provide prompt, coordinated review and ensure accountability to applicants and the public, including expedited review for project permit applications for projects that are consistent with adopted development regulations and within the capacity of systemwide infrastructure improvements. Counties and cities also must adopt procedures to monitor and enforce permit decisions and conditions and may require preapplication conferences or a public meeting by rule, ordinance, or resolution. Design Review. Design review is a formally adopted local government process by which projects are reviewed for compliance with design standards for the type of use adopted through local ordinance. Design review focuses on the appearance of new construction, site planning, and items such as landscaping, signage, and other aesthetic issues. A design element is an optional element of a comprehensive plan, and many jurisdictions have included design elements in their comprehensive plans. Summary: Design Review. Beginning six months after its next required periodic comprehensive plan update, a fully planning county or city may apply only clear and objective regulations to the exterior design of new development, except for designated landmarks or historic districts established under a local preservation ordinance. For the design review process, a clear and objective regulation: • must include one or more ascertainable guideline, standard, or criterion by which an applicant can determine whether a given building design is permissible under that development regulation; and • may not result in a reduction in density, height, bulk, or scale below the generally applicable development regulations for a development proposal in the applicable zone. Any design review process must be conducted concurrently, or otherwise logically integrated, with the consolidated review and decision process for project permits, and may not include more than one public meeting. Project Review. House Bill Report - 2 - ESHB 1293 Packet Pg. 19 3.b During project review, counties and cities may only require preapplication conferences or a public meeting where otherwise required by state law. In addition, counties and cities are encouraged to adopt project review provisions that ensure an objective review and expedite project permit applications for projects that include dwelling units that are affordable to low-income and moderate -income households. Votes on Final Passage: House 94 3 Senate 49 0 (Senate amended) House 95 1 (House concurred) Effective: July 23, 2023 House Bill Report - 3 - ESHB 1293 Packet Pg. 20 We strengthen communities 46, �.uiaanee mr accessory Dwelling Units irj�'�'"' dm Washington State'�� GROWTH MANAGEMENT SERVICES w . v3.4 3.c Acknowledgments Washington State Department of Commerce Mike Fong, Director Mark Barkley, Local Government Division, Assistant Director Dave Andersen, Growth Management Services, AICP, Managing Director Editors Anne Aurelia Fritzel, AICP, Housing Programs Manager, Growth Management Services Catherine McCoy, Senior Planner, Growth Management Services Municipal Research and Services Center of Washington (MRSC) Contributors Steve Butler, FAICP, Planning & Policy Manager Ingrid de la Jara, Communications Manager Jill Dvorkin, Esq., Legal Consultant Helen Ippolito, Public Policy Intern Angela Mack, Graphic Designer Lisa Pool, AICP, Public Policy Consultant Oskar Rey, Esq., Legal Consultant Reviewers This publication was developed with support from the land use planners of Washington through Regional Planners' Forums; a panel at the 2022 Washington conference of the American Planning Association; Washington state agency review from the Department of Ecology, Department of Health, Department of Fish and Wildlife, Department of Natural Resources; and through other engagement opportunities. Disclaimer This publication offers guidance for Washington local governments in implementing HB 1337 (laws of 2023) and encourages the creation of new accessory dwelling units (ADUs). It does not constitute legal advice, and is not a substitute for the legal advice of an attorney. Users of this publication should contact their own legal counsel regarding their legal rights or any other legal issue. Also, many of the examples are from current municipal codes which may not yet be consistent with the provisions of HB 1337. Contact For additional information on the GMA housing programs, please visit the GMS Planning for Housing Webpage or contact Anne Fritzel, Housing Programs Manager: Anne. Fritzel@a commerce.wa.gov or 360-259-5216 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) GUIDANCE FOR ACCESSORY DWELLING UNITS IN WASHINGTON STATE, AUGUST 2023 Packet Pg. 22 3.c Table of Contents Introduction................................................................................................................................................ 4 Definitions................................................................................................................................................... 5 Legal History of ADU Policy in Washington State.......................................................................................... 6 Requirements for cities and urban growth areas........................................................................................... 8 1. Allow two ADUs per lot......................................................................................................................................... 8 2. Do not require owner occupancy .............................................. 3. Allow separate sale of ADUs..................................................... 4. Set off-street parking requirements consistent with HB 1337 5. Set maximum size limits at no less than 1,000 SF .................. 6. Reduce setbacks for ADUs (especially rear setbacks)............ 7. Limit use of design standards ................................................... 8. Allow ADUs of at least 24 feet in height ................................... 9. Reduce impact fees................................................................... 10. Other Fees and Exactions........................................................ 12 Recommendations for cities and other urban areas.....................................................................................22 1. Allow prefabricated units....................................................................................................................................22 2. Streamline ADU permitting processes............................................................................................................... 23 3. Offer incentives to encourage ADUs that are affordable to lower -income households ................................ 24 Key considerations for counties..................................................................................................................25 1. Unincorporated UGAs and LAMIRDs.................................................................................................................25 2. Rural and natural resource lands....................................................................................................................... 25 Other programmatic elements to consider..................................................................................................27 1. Address the use of ADUs as short-term rentals................................................................................................ 27 2. Provide user-friendly communication materials...............................................................................................28 3. Provide information on landlord -tenant laws for prospective ADU owners and ADU tenants ...................... 29 4. Provide information on ADU financing and funding programs........................................................................29 5. Create a program to encourage legalization of unpermitted ADUs................................................................ 30 6. Provide pre -approved ADU plans....................................................................................................................... 30 Appendix A: Additional examples and resources.........................................................................................31 Appendix B. Relevant GMHB cases for counties..........................................................................................35 Appendix C. Resources for programmatic elements....................................................................................36 Appendix D: Other ADU information and resources......................................................................................38 REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 23 3.c Introduction Allowing more accessory dwelling units (ADUs) encourages housing construction and increases the overall supply and variety of housing options, helping address the challenges posed statewide by insufficient housing HB 1337, passed in 2023, requires jurisdictions to allow two ADUs per lot within urban growth areas (UGAs) by six months after the next periodic update due date. The Washington State Department of Commerce (Commerce) presents this publication as an update to the agency's 1994 guidance to assist local governments in implementing this requirement. The objective is to provide information on the requirements, local policy choices, and examples of approaches for consideration by cities, towns, and counties, in accordance with the bill. This guidance is structured into the following sections: • Requirements for cities and other urban areas. • Recommendations for cities and other urban areas. • Key considerations for counties (rural and resource lands). • Other programmatic elements to consider. This document provides detail on the state law and local policy choices. Please note that throughout this document quoted state laws are bolded. Benefits of ADUs Construction of new ADUs has many benefits, including to: • Add to the diversity of housing options. • Provide a housing type that blends in well with existing low density residential neighborhoods. • Cater to our state's changing demographics, including more seniors and smaller household sizes. • Provide housing that is typically more affordable than traditional detached single-family homes. • Add housing units without expanding urban growth areas. • Correct historic economic and racial exclusion by opening up single-family neighborhoods to more diverse housing and household types. • Reduce climate impacts because ADUs tend to be smaller and use less energy than traditional single- family homes. • Use existing infrastructure such as sewer, water and streets. For these reasons, ADUs can be an effective and "gentle" way of helping to accommodate the state's growing population. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 24 3.c Definitions Local governments should review their development regulation definitions to ensure consistency with RCW 36.70A.696, as amended. This will help facilitate consistent implementation of these requirements and reduce the need for interpretation due to missing or outdated definitions. Accessory Dwelling Unit (ADU) A dwelling unit located on the same lot as a single- family housing unit, duplex, triplex, townhome or other housing unit. Attached ADU An ADU located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit. Detached ADU An ADU 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 and is on the same property. Dwelling Unit 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. Exaffq is of Accesmy Dwelling Unds (ADUs) AOUa n OOt mr�� traidm m in OW AVA~ AV (rso 1 , A.artwd AM (m ssftw► A 4- r•r ~ o►40aw - . REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 25 3.c Basement attached ADU example, with attached ADU entrance on the side of the structure. Credit: Steve Butler. Legal History of ADU Policy in Washington State As required by the 1993 Washington Housing Policy Act, Commerce made recommendations to encourage development and placement of ADUs, published in 1994 as the Model ADU Ordinance Recommendations. The Act required cities of over 20,000 population and counties of over 125,000 population, planning under the Growth Management Act to incorporate the Commerce recommendations into their zoning and development regulations. To allow local flexibility, the recommendations were subject to local regulations, conditions, procedures, and limitations. In 2019, the state Legislature found that Washington State had a housing affordability crisis and sought to promote and encourage the creation of ADUs. Commerce offered a grant program' to encourage cities to adopt regulations to increase housing supply, including to: (1) authorize ADUs in one or more zoning district in which they are currently prohibited; (2) remove minimum parking requirements; (3) remove owner occupancy requirements; (4) adopt new square footage requirements that are less restrictive than existing requirements; and (5) develop a local program that offers homeowners a combination of financing, design, permitting or construction support to build ADUs.2 In 2020, the legislature adopted restrictions on how much off-street parking local governments could require for ADUs near transit stops. As a result, cities that fully plan under the GMA could not require off-street parking for ADUs within a quarter mile of a major transit stop, with certain limited exceptions.' In 2021, the legislature amended RCW 36.70A.070(2)4 to require all cities and counties that fully plan under the GMA to "consider the role of accessory dwelling units in meeting housing needs." In addition, Section 7 of the bill stated that cities and counties "should consider" certain policies to encourage the construction of ADUs. Governor Jay Inslee vetoed this section because it did not specifically limit the policies to lands within urban This is codified in RCW 36.70A.600. 2 RCW 36.70A.600(1)(n), (o), (p), (q) and (x), passed in 2019, and updated in 2020 to this current list of options. 3 RCW 36.70A.698 4 See HB 1220. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 26 3.c growth areas. The Governor's veto illustrates a fundamental point: While there is little doubt that local governments should encourage ADUs in cities and UGAs, very different considerations come into play with respect to county rural and resource lands. In 2023, HB 1337 amended RCW 36.70A to add significant changes to local government roles for regulating ADUs. Within urban growth areas, cities and counties: • Must allow two ADUs per residential lot. They may be attached, detached, or a combination of both, or may be conversions of existing structures. • May not require the owner to occupy the property, and may not prohibit sale as independent units. • May not charge more than 50% of impact fees charged for the principal unit. • Must allow an ADU of at least 1,000 square feet and must adjust zoning to be consistent with the bill for things such as height, setbacks, and other regulations. • Must set consistent parking requirements based on distance from transit and lot size. If a city or county does not amend its rules to be consistent with the law, the statute will "supersede, preempt and invalidate any conflicting local development regulations."' Other new provisions in HB 1337 • Actions taken by a city or county to comply with new requirements are exempt from legal challenge under GMA or SEPA.6 • Cities and counties are not required to authorize the construction of an ADU where development is restricted under rules as a result of physical proximity to on -site sewage system infrastructure, critical areas, or other unsuitable physical characteristics of a property.' • Cities and counties may restrict the use of ADUs for short term rentals.$ • Cities and counties may apply public health, safety, building code, and environmental permitting requirements to an ADU that would be applicable to the principal unit, including regulations to protect ground and surface waters from on -site wastewater.9 • ADUs are not required to be allowed on lots with critical areas, or around SeaTac airport.10 • Local governments are protected from civil liability if they issue a permit for an ADU on a lot with a covenant or deed restricting ADUs.11 5 RCW 36.70A.680(1)(b), RCW 36.70A.697(2) 6 RCW 36.70A.680(3) RCW 36.70A.680(4) 8 RCW 36.70A.680(5) 9 RCW 36.70A.680(5) 10 RCW 36.70A.681(2) and (4) 11 RCW 64.34.120(3) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 27 3.c Detached ADU/"Carriage House" in Portland. Credit: Radcliffe Dacannay, Radworld (Creative Commons). Requirements for cities and urban growth areas 1. Allow two ADUs per lot Allowing ADUs in residential neighborhoods creates additional housing options and gives homeowners greater flexibility by providing rental income or a place for they or their family members to age in place. State law Within urban growth areas, cities and counties must allow two ADUs on all lots in zoning districts that allow for single-family homes.12 The ADUs may be: • Two attached ADUs such as unit in a basement, attic, or garage; • One attached ADU and one detached ADU; or • Two detached ADUs, which may be comprised of either one or two detached structures. • A conversion of an existing structure, such as a detached garage.13 When lots are small Cities and counties must allow an ADU on any lot that meets the minimum lot size required for the principal unit.14 Minimum lot sizes set the base lot size for development as part of a subdivision process. To support more ADU development, local governments should reduce or eliminate minimum lot size requirements for 12 RCW 36.70A.681(1)(c) 13 RCW 36.70A.681(1)(i) 14 RCW 36.70A.681(1)(e) states that an ADU must be allowed if the lot meets minimum size for the principal unit. RCW 36.70A.681(3) states that cities and counties may set a limit of two ADUs, on a residential lot of 2,000 square feet or less. However, if two ADUs are allowed on lots that meet the minimum lot size, 2,000 SF is not generally going to be a standard lot size and may not have space for even one ADU. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 28 3.c ADUs with existing development and allow ADUs on all lots. Where lots are smaller than the minimum allowed by the zone, cities may choose to rely on the capacity of the lot, sewer, septic, parking, and landscaping or other regulations to set the limits on one or two ADUs. Examples • Enumclaw Municipal Code Sec. 19.34.050: Allows ADUs on lots of any size. • Kenmore Municipal Code Sec. 18.73.100: Does not require a minimum lot size for ADUs. • Renton Municipal Code Sec. 4-2-110C: Permits ADUs on lots 3,000 square feet or less. Restricted development locations Cities and counties are not authorized to allow construction of ADUs in locations where development is restricted under other laws, rules, or ordinances due to physical proximity to on -site sewage system infrastructure, critical areas or other unsuitable physical characteristics of a property.15 This includes critical areas protection standards, such as buffers and setbacks, as well as associated environmental permitting review and process requirements. In short, cities and counties should apply the same public health, safety, building code and environmental permitting requirements to an ADU that would be applicable to the principal unit, including regulations to protect ground and surface waters from on -site wastewater. The provisions of HB 1337 provide no authority to override local ordinances that address public health and safely. Cities and counties may restrict ADU development: • Within areas designated as critical areas (see below). • In shoreline areas so designated under a shoreline master program (see below). • On lots in a watershed serving a reservoir for potable water if that watershed is or was listed, as of July 1, 2023, as impaired or threatened under Section 303(d) of the federal Clean Water Act (33 U.S.C. Sec. 1313(d)).16 • In zones with a density of one dwelling unit per acre or less that are in critical areas, designated as wetlands, fish and wildlife habitats, flood plains, or geologically hazardous areas." Generally any zones with such low densities within UGAs are so designated to protect the critical area, so adding additional development in the form of an ADU is not consistent with this exception. • Within a mile radius of SeaTac airport." For areas without sewer • Cities/counties may prohibit ADUs on properties not served by sewers. • Septic and related wastewater rules to protect water -quality located in local health codes and 246-272A and -272B WAC continue to apply to on -site systems for ADUs. • The Department of Health expects attached ADUs to be more likely to be connected to the same septic system as the primary single family residence since they are easier to build compliant with Department of Health rules. The septic system needs to be designed to accommodate this additional wastewater flow. • Detached ADUs could, depending on local rules, be served by a separate septic system. The requirements, including horizontal setback and maximum density requirements of the rule(s) would apply. 15 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Shoreline-planners-toolbox 16 RCW 36.70A.681(4) 17 RCW 36.70A.680(5) 18 RCW 36.70A.681(2) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 29 3.c In areas where sewers are likely to be built in the future, plan reviewers may want to take measures to accommodate the eventual conversion from septic systems to sewer. Critical areas Cities and counties shall limit ADU development as necessary to meet critical areas protection standards. All ADU development must be reviewed for consistency with critical area protection ordinance provisions, and shall only be allowed when consistent. Critical areas include: Wetlands, and fish and wildlife habitat conservation areas provide critical ecological functions. They are protected for their intrinsic values and no additional development is appropriate. Internal conversions of existing space to an ADU may be permissible, provided all other protections are observed. Floodplains and geologically hazardous areas are identified as hazard areas that may pose dangers to life safety and property. Most local jurisdictions allow some development in floodplains and geologically hazardous areas. However, the development must go through a detailed review process that provides analysis of the site -specific conditions and the proposed development, supported by reports from certified experts such as geologists and engineers. Critical aquifer recharge areas (CARAs), which are important to allow groundwater to recharge aquifers used for drinking water. In these areas, regulations generally protect against hazardous uses and ensure impervious surfaces do not restrict groundwater recharge. ADU development over CARAs may be allowed if it can be demonstrated they will not impact potable water. While ADUs shall be allowed in residential neighborhoods within the UGA, in geohazard and wetland areas they must be designed and located to avoid critical area impacts consistent with the mitigation sequence,19 which includes to: • Avoid the impact altogether by not taking a certain action or parts of an action. • Minimize impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. • Rectify the impact by repairing, rehabilitating or restoring the affected environment. • Reduce or eliminate the impact over time through preservation and maintenance operations during the life of the action. • Compensate for the impact by replacing, enhancing, or providing substitute resources or environments. • Monitor the impact and taking appropriate corrective measures. Reasonable use exceptions Detached ADUs are not necessary for reasonable residential use within critical areas and should not be allowed within critical areas or their buffers under reasonable use exceptions. It may be possible to convert space within existing homes to create an ADU if no new exterior construction, expansion of the footprint or additional impervious surface is added. 19 https://ecology.wa.gov/Water-Shorelines/Wetlands/Mitigation/Avoidance-and-minimization REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 30 3.c ADUs in shorelines under a shoreline master program Shorelines and shorelands are governed under the city, town, or county's Shoreline Master Program (SMP). Although residential uses are allowed in many shoreline environment designations (SEDs), ADUs may not be appropriate in all SEDs. The ADU requirements outlined in HB 1337 are intended to apply within the UGA governed under the Growth Management Act and are not automatically applicable within the shoreline jurisdiction governed under the Shoreline Management Act (SMA). Local governments should plan for ADUs located within shoreline jurisdiction during a periodic review of their SMP20. Review and update of an SMP is required every ten years but can be initiated by a local government outside of the required schedule. Chapter 90.58 RCW, Chapter 173-26 WAC, and Ecology approved local shoreline master programs restrict development under SMA goals, policies, purpose and intent. Within shoreline jurisdiction, zoning code provisions can be applied, but they must be reviewed in addition to the bulk, dimensional, performance, and use standards of the SMP, and all new development and uses, including ADUs, can only be authorized through the shoreline permitting system outlined in Chapter 173-27 WAC. 1 Pr jsetb-a ehorellne butler If allowed, ADUs within shoreline jurisdiction shoul be outside of buffers and setbacks. Credit: Ecology Each SMP contains residential use regulations and development standards which ensure that allowed uses and development remain compatible with the shoreline environment and SMP and allow no net loss of shoreline ecological function. If allowed under the SMP provisions, ADUs would still need to be located outside of all shoreline buffers and setbacks and would need to meet other SMP critical area, density, impervious surface, and vegetation conservation provisions. ADUs are not necessary for reasonable residential use within shoreline jurisdictions and should not be included as project components in shoreline variance permit applications. Local governments wanting to address ADUs under the authorities of their SMP should consult Washington State Department of Ecology guidance2I and work closely with their Ecology shoreline planner.22 Examples • Black Diamond Municipal Code Sec. 18.56.030 - Allows two ADUs in conjunction with the primary unit provided adequate provisions for water and sewer are met. • Langley Municipal Code Sec. 18.08.095 - Allows one attached and one detached ADU on a lot with a single-family dwelling connected to sewer. • Burien Municipal Code Sec. 19.17.070 - Permits a maximum of two ADUs (one attached and one detached) per detached house. 20 The timetable for local governments to develop or amend master programs is required by RCW 90.58.080, 21 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Contacts 22 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Shoreline-planners-toolbox REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 11 SEPTEMBER 2023 Packet Pg. 31 3.c 2. Do not require owner occupancy Owner occupancy standards have typically required that a property owner live in either the primary residence or the ADU, however that may limit the ability of the owner to develop or rent and ADU. State law Within UGAs, cities and counties may not require the owner of a lot on which there is an ADU to reside in or occupy the ADU or another housing unit on the same lot.23 RCW 36.70A.696(9) defines owner as any person who has at least 50% ownership in a property on which an ADU is located. Local policy choice When a unit is used as a short-term rental (STR), a local government may choose to require an owner to occupy either the primary or an accessory unit. (See the section on short-term rentals.)24 Examples • Bremerton Accessory Dwelling Units • Kirkland Accessory Dwelling Units Seattle Accessory Dwelling Units • Vancouver Accessory Dwelling Units 3. Allow separate sale of ADUs Because they are smaller and generally more affordable than most typical single-family homes, sales of ADUs as separate units can increase homeownership opportunities for first-time homebuyers and low-income households. State law A city or county may not prohibit the sale or other conveyance of a condominium unit independently of a principal unit solely on the grounds that the condominium unit was originally built as an accessory dwelling unit.25 Washington's Condominium Act, which provides for the creation of condominiums, does not preclude ADUs from being created as a part of a condominium development. Here, the unit is individually owned and the remainder of the property is under common ownership. Local governments wanting to regulate how ADUs are converted to a condominium form of ownership should work closely with their legal counsel in reviewing RCW 64.90.025 and other related laws.26 Zero lot line subdivisions and lot splits are mentioned in Section 4(2) of HB 1337, however, there is currently no authorization for lot splits in Washington, creating true independent units for ADUs. SB 5258 amends RCW 58.17.060 to require all cities and towns to adopt procedures for unit lot subdivisions to allow division of a parent lot into separately owned unit lots, or owned in common by the owners of the lots. However, this is better used for developments such as townhouses. Examples • Seattle Annual ADU Report 2022 — Addresses ADUs sold as condominiums, highlights the benefits of ADUs as condominiums and the increase in ADUs as condominiums in Seattle since 2018. 23 RCW 36.70A.681(1)(b) 24 RCW 36.70A.680(5)(a) 25 RCW 36.70A.681(1)(k) 26 See additional information on ADUs and condo's at ADUs and Condos: Separating Ownership I Accessory Dwellings REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 32 3.c • City of Snohomish Unit Lot Subdivision - the city provides a handout with criteria and the process for unit lot subdivision. Bellevue unit lot subdivision Web page for townhouses. 4. Set off-street parking requirements consistent with HB 1337 Many lots in established areas aren't large enough to support both an ADU and off-street parking, effectively prohibiting ADU development. This means that ADUs are often limited to larger lots that can accommodate parking and other site features. Removing off-street parking requirements for ADUs can help to open up possibilities for placing ADUs, especially in urban areas with transportation options. State law Parking limits for ADUs are subject to the following: Off street parking may not be required as a condition of permitting ADUs within one half mile of a major transit stop.27_21 On lots smaller than 6,000 square feet, no more than one off-street parking space may be required per ADU before any zero lot line subdivisions or lot splits.29 On lots greater than 6,000 square feet, no more than two off-street parking spaces per ADU may be required before any zero lot line subdivisions or lot splits. Local policy choice While on -site parking cannot be required within a half mile of a major transit stop, a city may not want to require on -site parking in other types of walkable areas or where on -street parking is sufficient. Cities may also choose to reduce parking requirements from the maximum limits in statute. Because ADUs typically are for one or two people, no more than one parking space may be needed for any lot size, especially in areas with on - street parking. A parking study Cities may choose to require more parking if Commerce concurs with a locally -conducted empirical study prepared by a credentialed transportation or land use planning professional that clearly demonstrates that parking consistent with the law would be significantly less safe for pedestrians, bicyclists, or people in vehicles than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses.30 Commerce is required to develop guidance on the contents of the study by the end of 2023. Related to the issue of off-street parking requirements are garage conversions for ADUs. This type of ADU may be more affordable since the changes are primarily internal to an existing structure, and they're popular with retirees who want to age in place because they generally have "no -step entries." Because HB 1337 requires cities to allow garage conversions, and to reduce parking requirements, Commerce recommends that cities allow any replacement parking for the primary residence and ADU to be on driveways or on the street if 27 Under-RCW 36.70A.681(2), off-street parking for ADUs is prohibited within 1 /2 mile of a major transit stop. 28 Major transit stop is defined in RCW 36.70A.696. 29 This part of statute references zero lot line subdivisions, however, for the purposes of this guidance, this means the ADU is not subject to primary unit parking requirements, even if subdivided from the primary unit. 30 RCW 36.70A.681(2). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 33 3.c possible. Low impact development pervious pavement options may be an offset tool to address additional parking, while also reducing overall site impervious surface area. Examples • Fircrest Municipal Code Sec. 22.58.012 - Doesn't require additional off-street parking for ADUs unless the planning director determines there is insufficient on -street parking to satisfy parking demand. • Kenmore Municipal Code Sec. 18.73.100 - No additional off-street parking spaces are required for an ADU. • Sumner Municipal Code Sec. 18.12.030 - ADUs created via garage conversion are not required to have off- street parking, as long as there is available on -street parking and the unit is located within half a mile of the Sumner transit station. • Kirkland Municipal Code Sec. 115.07 - Doesn't require off-street parking for one ADU. On lots with more than one ADU, one space is required, with exceptions (available street parking within 600 feet or property is located within 1 /2 mile of frequent transit). Smith Gillman Cottage converted garage. Credit: CAST architecture. 5. Set maximum size limits at no less than 1,000 SF Local governments typically enact maximum size limits for buildings to ensure there is enough space on a lot for site features like parking and green space. However, maximum size limits that are too restrictive pose design and use limitations. ADU size limits are typically smaller in urban infill areas than they are for larger greenfield sites. Some cities and other urban areas set a single maximum that is based on square footage, while others couple this standard with a percentage of the primary residence. State law ADU size limits must allow a gross floor areas of at least 1,000 square feet within UGAs.31 New amendments to RCW 36.70A.969 define "gross floor area" as the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure. 31 RCW 36.70A.681(1)(f) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 34 3.c Examples • Chelan Municipal Code Sec. 17.20.20 - Limits ADUs in its single-family residential district to 1,200 square feet or no more than 5O% of the total square footage of the primary residence, whichever is less. The planning director may approve an increased size to efficiently use all floor area if all other standards are met. • Kenmore Municipal Code Ch. 18.73 - Attached ADUs are limited to 1,000 square feet unless the ADU is proposed for preexisting floor area on a single level of the primary unit. For detached ADUs, maximums are based on lot size. 6. Reduce setbacks for ADUs (especially rear setbacks) State law A city or county may not impose setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review for ADUs that are more restrictive than those for principal units." A city or county must allow detached ADUs to be sited at a lot line if the lot line abuts a public alley, unless the city or county routinely plows snow on the public alley.33 Setback requirements, which establish the minimum distance from front, side, or rear lot lines, create space between a building and adjacent uses. Some codes establish setbacks for ADUs that mirror those of the principal unit, thereby limiting space for ADUs, especially detached ADUs on small lots. Many urban communities have begun requiring separate, less restrictive setbacks specifically for ADUs. For example, some cities and other urban areas reduce or waive setbacks for detached ADUs alongside and rear lot lines, and alleys. 32 RCW 36.70A.681(1)(h). 33 RCW 36.70A.681(1)(i). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 35 3.c Detached ADU over a garage with relaxed rear setback. Credit: Steve Butler. Examples • Bellingham Municipal Code Sec. 20.01.036 — Exempts detached ADUs from side and rear yard setbacks when abutting an alley. • LaCenter Municipal Code Ch. 18.247 — Allows detached ADUs at the rear yard lot line if adjacent to an alley. Zoning codes should clearly describe ADU standards, which should be at most the same as those for the primary unit. When ADUs are added on a lot, they should fit on the lot, and be consistent with yard coverage limits and tree retention provisions. Stormwater low impact development features such as rain gardens and other bioretention options can be used to define setback areas for an ADU and principal lot, and should be features to support additional units, rather than be barriers. 34 7. Limit use of design standards Design standards often involve ensuring ADUs are compatible with the primary residence through features such as architectural style, window placement, roof form and pitch, and building materials. ADU design standards, however, can have the unanticipated impact of increasing project costs by lengthening the time needed for local ADU project review. ADUs can complement, but need not be exactly the same as the principal unit. Design standards must be clear and objective, should be no more prescriptive than those for single-family 34 Commerce's guidebook: Incentivizing Low Impact Development (LID) Beyond Permit Requirements includes tools and outreach materials that local governments can utilize to encourage developers to go beyond existing stormwater requirements and help reduce site impervious areas. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 36 3.c homes, and may not result in a reduction in density, height, bulk, or scale below the requirements of the underlying zone.as State law on design standards A city or county may not impose setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review for ADUs that are more restrictive than those for principal units." Local governments should minimize the use of ADU design standards. In some cases, standards may be used to address privacy, for example making sure that the ADU's windows are located to preserve privacy between the ADU and neighboring properties or private open space. HB 1293 (laws of 2023) adds to RCW 36.70A and amends RCW 36.7OB to streamline local design review processes, requiring "clear and objective" standards that don't reduce development capacity otherwise allowed. Any design review process must be conducted concurrently, or otherwise be 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. The provisions do not apply to regulations specific to designated landmarks or historic districts established under a local preservation ordinance Examples • Ellensburg Municipal Code Sec. 15.540.040 - Does not require ADUs to match the appearance of the primary structure. • Sedro Woolley Municipal Code Sec. 17.100.030 - Allows the planning director to approve interesting detached ADU designs that are dissimilar from the primary structure. • Lacey Municipal Code Sec. 14.23.071 - Has minimal design criteria for attached and detached ADUs, though duplex -like designs are not allowed. 35 RCW 36.70A.630(2). Design review guidelines must provide only clear and objective requirements, such that an applicant can ascertain whether a particular building design is permissible. 36 RCW 36.70A.681(1)(h). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 37 3.c ADU in the Wedgewood neighborhood of Seattle. Credit: Pam MacRae, Siahtline Institute. Used with permission. 8. Allow ADUs of at least 24 feet in height State law The city or county may not establish roof height limits on an ADU of less than 24 feet, unless the height limitation on the principal unit is less than 24 feet, in which case, a city or county may not impose roof height limitation ADUs is less than the height limit that applies to the principal unit.37 Cities and other urban areas typically set building height limits to address issues like views and privacy; however, they also limit design options and use land less efficiently. Some communities set one height limit for both the principal unit and ADUs, while others have a separate maximum for ADUs. Examples • Kenmore Municipal Code Sec. 18.73.100 - Allows ADUs up to 35 feet. 37 RCW 36.70A.681(1 XW. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 38 3.c Spokane Municipal Code Sec. 17C.300.130 - Has height limits that are more nuanced and relate to the proximity of an ADU to a property line. Larger, taller detached AD — 1130 SF. Credit: Eddie Bojorquez/Crest Backyard Homes. 9. Reduce impact fees Impact fees Impact fees are one-time charges assessed by a local government against a new development project to help pay for new or expanded public capital facilities that will directly address the increased demand for services created by that development. RCW 82.02.050 authorizes counties, cities, and towns planning under the Growth Management Act (GMA) to impose impact fees for: • Public streets and roads; • Publicly owned parks, open space, and recreation facilities; • School facilities; and • Fire protection facilities. Because ADUs are generally smaller than standard single family homes, they typically have fewer people living in them, and likely cause fewer impacts. State law The city or county may not assess impact fees on the construction of accessory dwelling units that are greater than 50 percent of the impact fees that would be imposed on the principal unit.38 38 RCW 36.70A.681(1)(al and SIB 5258 (section 10, laws of 2023) amends RCW 82.02.060 to require local governments to publish a schedule of impact fees which reflects the proportionate impact of new housing units. This includes multifamily and condo units, based on square footage, number of bedrooms or trips generated, to produce a proportionally lower impact fee for smaller housing units. Local governments must adopt this schedule within six months after the periodic update due date. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 39 3.c Local policy choice Local governments may charge according to the size of the unit, fixture count, or location with the community, or completely waive fees, but in no case should the fees be more than 50% of what would be charged to the principal unit. Examples • Everett 2023 Impact Fees Schedule — Waives transportation and school impact fees for ADUs. • Olympia Municipal Code Ch. 15.08 — Waives school impact fees and reduces transportation and park impact fees for ADUs. • Renton 2019-2020 Fee Schedule (Section XII) — Provides impact fee reductions and waivers for ADUs • Lake Stevens Municipal Code Sec. 9.25.010 — Reduces utilities connection fees for ADUs based on ADU size. Utility connection fees/system development charges System development charges, or connection fees may be charged for area -wide improvements for water, sewer or stormwater. Like impact fees, communities may charge according to the unit's impact on the system. A fundamental feature of ADUs is that the ADU is "accessory to" a primary residential unit. As a result, the ADU will be smaller, typically have fewer people living in it, and have a reduced demand for municipal services. Metering considerations when connecting to the sewer system The Department of Health considers an ADU a separate dwelling unit if it is located outside and separate from the single family residence (detached). An ADU located within the single-family residence, such as a basement or attic unit, is generally not considered a separate connection to the sewer system for the purposes of metering. The total number of service connections is determined by counting each single-family home, each dwelling unit in a multi -family building, and each nonresidential building that the water system serves. Local policy choice There is no specific requirement to reduce charges for sewer, water and stormwater, as there is for impact fees, but a local government has the option of removing, reducing or waiving connection fees or system development charges to meet public purposes. Because of the dependent nature of ADUs, it is recommended that local governments allow shared meters, especially for attached units that are within the capacity of an existing meter. There may be limited cases in which separate meters are necessary because of site configuration or separate sale. They may choose to reduce system development charges to 50% as well because these charges are meant to fund area wide system development improvements, and an ADU generally has a smaller impact. Examples • King County has a detailed system capacity charge system with charges that vary based on the size and form of the housing unit, with addition discounts for affordable units. https://kingcountygov/en/dept/dnrp/waste-services/wastewater-treatment/sewer-system- services/capacity-charge/about Kirkland Accessory Dwelling Units — This webpage provides the following information: ADUs are not subject to water capital facility charges if there are no changes to the water service/meter. ADUs are not subject to sewer capital facility charges. ADUs are not subject to the surface water capital facility charge if the primary residence is already connected to the public storm system. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 20 SEPTEMBER 2023 Packet Pg. 40 3.c • Olympia Municipal Code Ch. 13.04 and Ch. 13.08 - Provides the option of new connections or tie-ins when developing an ADU. There is no charge when the connection occurs on the lot. The Olympia Engineering and Design Standards Section 713.080 addresses the issue of ADUs and side sewers. • Sedro Woolley Municipal Code Sec. 17.100.030 - Utilities may be shared between an ADU and the primary dwelling. Sewer connection fees are collected at a reduced rate depending on the size of the ADU. 10. Other Fees and Exactions State law A city or county may not require public street improvements as a condition of permitting ADUs.39 State law requires that public street improvements must not be required as a condition of permitting ADUs, even if the development of the primary unit can trigger such improvements. Another barrier might be the cost of permit fees. Local governments often attempt to recoup the actual cost of processing land use permits, but there is not a legal requirement that they do so. A city or county could choose, for policy reasons, to charge a lower amount for ADU applications as part of a strategy to encourage property owners to construct new ADUs on their properties. In addition, lowering fees makes sense if a city or county is taking other steps to streamline the ADU process, since those measures may also result in lower permit administration costs. Example • Spokane Municipal Code Sec. 08.02.031 - Waived permit fees for ADUs on lots within half a mile of certain zoning districts. The waiver is set to expire at the end of 2024. • Washougal Municipal Code Sec. 18.46.020 - Does not charge an application fee for detached ADU development. 39 RCW 36.70A.681(1)(1). The GMA does not currently define "public street improvements", however "public facilities" is defined in RCW 36.70A.030 and "public improvements" in RCW 39.114.010; both include street and road construction including sidewalks, street and road lighting systems, storm and sanitary sewer systems, among other public improvements. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 41 3.c Recommendations for cities and other urban areas The following recommendations are not required but are suggestions to encourage the development of ADUs They are to apply only to cities, towns, and other urban areas, including unincorporated urban growth areas (UGAs) and limited areas of more intensive development (LAMIRDs). The purpose of applying these ADU recommendations to cities and other urban areas, and not to rural areas or resource lands is to support the GMA's goals of encouraging development in urban areas and reducing sprawl. 1. Allow prefabricated units Prefabricated detached ADUs can provide a degree of cost savings, which may make them more affordable for property owners, especially in more remote areas that may not have access to the tradespeople needed to construct ADUs. Because materials and manufacturing are centralized at an off -site manufacturing facility, prefabricated units require less construction time than conventionally built structures and can be constructed year-round in a climate -controlled factory. RCW 35A.21.312 allows for consumer choice in housing, requiring local government to allow the placement of factory -built homes in any location where site -built homes are permitted. The law was likely developed to apply to primary units, and not necessarily ADUs. However, cities and counties may adopt a set of additional standards, relating to permanent foundation, roof pitch, and design, although not all of those standards should be applied to ADUs. Any prefabricated unit must meet state standards.40 Local codes may refer to larger manufactured homes, and may not be related to small homes, such as park models, more suitable for an ADU. Example • Bremerton Municipal Code Sec. 20.46.010 — Allows for manufactured homes to be used as ADUs Prefab detached ADU: Nanny Flat, Elder Cottage. Credit: Eddie Bojorquez/Crest Backyard Homes. 40 See the Washington Department of Labor & Industries page on Manufactured Home Permits & Inspections. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 42 3.c Tiny houses Tiny houses, or tiny houses with wheels, as defined in RCW 35.21.686, are not generally allowed as ADUs because they may not meet the standards required for a permanent residential unit, such as a foundation, water supply and sewage disposal. However, some communities are starting to consider allowing tiny homes on wheels as temporary units, with appropriate connections and tie-downs.41 One exception in state law is that tiny homes on wheels and RVs may be used as permanent living quarters only when situated in manufactured/mobile home communities, but they are still subject to certain life/safety and utility hookup requirements per RCW 35.21.684. Tiny houses must be inspected and meet the standards of the Washington State Department of Labor and Industry.42 Prefab ADU travelling from factory to residential site / installed on -site. Credit: Roger Fitzsimons. 2. Streamline ADU permitting processes A local permitting process should be designed to make it as easy as possible for an applicant to prepare and submit a development permit application, and for the permit review staff to review and quickly approve it. This approach should be particularly true for the types of development that a community is actively trying to encourage, such as ADUs. Discretionary project permitting processes, such as those requiring conditional use permits, hearings examiner review, and public hearings add extra time and cost to getting a development project approved. These processes make sense for situations where a proposed project may be large or have a number of potential 41 Port Townsend allows tiny homes on wheels. (THROWS) https://cityofpt.us/planning-community-development/page/new-euly-1 stst- tiny-house-wheels-thows 42 See the Washington Department of Labor & Industries page on Tiny Houses. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 43 3.c impacts on a neighborhood or community. For small, low -impact development projects that advance adopted public policy such as new ADUs, a discretionary permitting process creates an unnecessary barrier to ADU construction. Local governments should allow ADUs "by -right," with project review and approval to be done administratively. Having an expedited or shorter review process for ADUs can also include preferential review of ADU proposals. Providing pre -approved ADU plans is another method for reducing the time needed to review an ADU proposal (see provide pre -approved ADU plans below). Streamlining can be additionally bolstered by checklists that clarify the ADU approval process (see below on providing user-friendly communication materials). Examples • Pasco Municipal Code Sec. 25.161.030 — ADU applications are approved administratively. • Sequim Municipal Code Sec. 18.66.040 — Requires a single administrative permit for ADU development. The application must be processed by the community development director within 30 days of submittal (Sec. 20.01.080). 3. Offer incentives to encourage ADUs that are affordable to lower income households While ADUs are generally more affordable than a typical single-family home, most aren't affordable to households making less than 80% of the area median income (AMI). To address this issue, some local governments offer incentives for ADUs that are affordable for lower -income households (that is, less than 80% AMI) for a set number of years (such as 50 years). These types of incentives usually involve requiring affordability in exchange for providing a "bonus," like higher densities in the form of an additional ADU. Local governments can also support affordability for low-income residents by incorporating ADUs into their affordable housing funding programs and forming partnerships with community land trusts and other non- profit organizations. Local policy choice There are a number of ways that local governments can offer reductions for affordable housing, most require some kind of assurance that the unit will remain affordable over time. RCW 82.02.060(4) also authorizes local governments to offer impact fee reductions or waivers for affordable housing. An exemption for low-income housing granted under this section, however, must be conditioned upon requiring the developer to record a covenant that prohibits using the property for any purpose other than for low-income housing. RCW 36.70A.540 authorizes local governments to expand affordable housing incentive programs to include, among other things, fee waivers or exemptions provided the local government is committed to continuing affordability for at least 50 years. A local government may offer "tap -in charge" waivers for low-income persons (under RCW 35.92.380 or RCW 36.94.370).43 Examples • CLTplusOne — A pilot program offered by Durham (NC) Community Land Trustees, which pairs a land trust home with ADUs on the same lot. Both the primary residence and rental unit are permanently affordable (see this Shelterforce article on Durham's Community Land Trust). 43 For more information on this topic, see MRSC's Affordable Housing Techniques and Incentives - Reduction/Waiver of Fees. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 44 3.c Seattle Municipal Code Sec. 23.44.041 — Allows a second ADU on a lot if one of three conditions are met: conversion within an existing structure, green building standards, or affordability for "income - eligible households" for a minimum of 50 years. Key considerations for counties GMA-planning counties must plan and provide regulatory frameworks for four land use categories in decreasing order of ADU intensity: • Unincorporated UGAs.44 • LAMIRDs • Rural lands • Designated natural resource lands 1. Unincorporated UGAs and LAMIRDs Unincorporated urban growth areas In unincorporated UGAs, which are generally intended to have urban services and eventually become or annex into cities, the requirements in this guidance apply within 6 months of the next periodic update.45 LAMIRDs Within Limited Areas of More Intensive Rural Development (LAMIRDs), the outer boundary may not change, but the LAMIRD may be filled in with new development, including ADUs. 2. Rural and natural resource lands ADU regulations outside of urban growth areas require consideration of a different set of factors than ADU regulations in cities and urban growth areas. ADU provisions in rural and resource areas must be accompanied by measures to protect rural character, conserve resource lands, and limit density and sprawl. One of the benefits of ADUs in urban areas is that under HB 1337, the ADUs can be sold separately and add to the supply of attainable housing for moderate on maybe lower income households. The same does not hold true in rural areas, where the ADU cannot be sold separately, and the private cost of transportation and public cost of transportation -related emissions reduces the public benefit of ADUs in rural areas. When developing or amending regulations, counties should consider the potential for: • Increased demand for emergency and other services. • Increased traffic on county roads, which may be built to a lower standard. • More housing and increased population in areas potentially prone to wildfires or other natural hazards • Impact on water supplies. • Conflict with or decrease in land available for agriculture or other natural resource industries. The Growth Management Hearings Boards (GMHBs) have considered challenges to ADU regulations in rural and resource designated areas in a handful of counties. Three hearings boards have issued decisions 44 See Chapter 36.70A RCW. 45 RCW 36.70A.680(1) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 45 3.c disfavoring local regulations allowing detached ADUs where they do not include specific criteria to curtail indiscriminate increased density.46 Rural lands For areas designated as "rural," the regulations must be consistent with "rural character" as established in the rural element of the county's comprehensive plan.47 RCW 36.70A.030(23) defines rural character as "[... j the patterns of land use and development established by a county in the rural element of its comprehensive plan." Importantly, what constitutes rural character in one county may be different than what constitutes rural character in another (RCW 36.70A.011). ADUs should not contribute to sprawl or cause residential uses to predominate over rural uses.48 Given the need to be consistent with and implement their rural, housing, and land use elements of their comprehensive plans (among others), it will be important for counties to "show their work" through the written record, including but not limited to whereas statements, findings of fact, staff reports, and public participation processes; and to articulate legal and policy justifications for their actions. Designated natural resource lands Counties must ensure ADU regulations are consistent with GMA requirements to preserve natural resource lands for resource production. In natural resource lands, the dominant use is to be the agricultural, forestry, or mineral use; residential development must be located to not interfere with the natural resource use, and preserve the majority of land for such use.49 See RCW 36.70A.060. Considerations and examples for rural and resource areas Generally, regulations permitting attached ADUs raise fewer concerns than those permitting detached ADUs. While several counties allow detached ADUs in their rural land designations, most include restrictions related to standards such as: • Size limit on a single ADU. • Minimum lot size to conform to zoning or in some cases, double the minimum lot size. • Proximity to and dependency on the primary residence (such as shared driveway, parking, yard, septic, well, utilities, etc.). • Design standards for consistency with primary unit. • Limitations on number of permits issued annually. 46 Loon Lake Property Owners, et al v. Stevens County, EWGMHB, Case No. 01-1-0002c, Compliance Order (May 30, 2008); Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson, et al v. San Juan County, Case No. 06-2-0024c, FDO/Compliance Order, at 3 (Feb. 12, 2007). 47 County comprehensive plans must include a rural element. A county's rural element must include policies that are consistent with rural character. RCW 36.70A.070(5)(0 provides, in relevant part: "[The rural element] shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural economic advancement, densities, and uses that are not characterized by urban growth and that are consistent with rural character." 48 RCW 36.70A.020(2) and RCW 36.70A.110(1) and .070 U5. Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson, et al v. San Juan County Case No. 06-2-0024c, FDO/Compliance Order, at 3 (Feb. 12, 2007) — Regulations allowing a detached ADU on substandard rural lots allowed residential use to predominate over rural uses and were therefore noncompliant; Loon Lake Property Owners, et al v. Stevens County Case No. 01-1-0002C — Allowing an ADU on all parcels —including substandard lots — can considerably increase density within zone. 49 Futerwise v. Snohomish County, Case 22-3-003, Final Decision and Order. The Board found that the county failed to protect agricultural lands of long-term commercial significance, in violation of RCW 36.70A.177, and was inconsistent with multi -county and countywide planning policies, in violation of RCW 36.70A.210. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 26 SEPTEMBER 2023 Packet Pg. 46 3.c • Restrictions on title. Careful with detached ADUs (attached ADUs preferred) The hearings boards have held that freestanding residential ADUs should be treated as separate dwelling units for purposes of density calculations — although in some cases have found compliant county regulations that allow limited exceptions to detached ADUs triggering such density requirements." Attached ADUs are Preferred Conversely, the boards have held that attached ADUs and ADUs converted from an existing structure in close association with the primary residence (such as a garage) do not count toward density in rural and resource areas.51 ExampleE • Clark County: Accessory Dwelling Unit — Rural (Handout) (2022�— Allows only attached ADUs in rural and resources zones. • Kitsap County: Accessory Dwelling Unit (Handout) (2022) — Requires detached ADUs to be sited within 150 feet of the principal dwelling outside of UGAs. Size limit, 50% of primary unit or 900 square feet, whichever is smaller. Owner occupancy requirements and design standards apply. • San Juan County Code Sec. 18.40.240 — Limits the number of detached ADU permits outside "activity centers" and UGAs in any calendar year to no more than 12% of the total number of building permits for new principal residences issued for the previous calendar year. Further limited to one permit per property owner outside UGAs. • Spokane County: Detached Accessory Dwelling Unit (Handout_— Detached ADUs in selected rural zones must be within 150 feet of principal dwelling and meet several other conditions, including that title notice will be placed on the property that the accessory dwelling may not be sold as a separate residence until such time as the accessory dwelling is located as the sole residence on a legally subdivided parcel. • Walla Walla County Code Sec. 17.08.015 — Requires at least four of six "dependency requirements" be shared for a detached ADU (road access, septic system, water system, utility meters, yard, and parking areas). Other programmatic elements to consider The following "programmatic elements" are not recommendations but are instead meant to be additional options to be considered by cities, towns, and other urban areas, including unincorporated UGAs and LAMIRDS. 1. Address the use of ADUs as short-term rentals Construction of ADUs presents an opportunity to increase a community's supply of relatively affordable long- term housing. When an ADU is used as a short-term rental (STR), defined as a housing unit being rented for fewer than 30 consecutive days, that housing unit functions as a lodging unit for visitors and not as a housing 50 Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson et al v. San Juan County, Case No. 06- 2,0024c, FDO/Compliance Order, at 3 (Feb. 12, 2007). 51 Yanisch v. Lewis County, Case No. 02-2-0007c, Order on Compliance Hearing (Mar. 12, 2004). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 47 3.c unit.52 As a result, some local governments completely prohibit the use of ADUs as STRs, while others limit but don't completely prohibit that use. The primary rationale for prohibiting or limiting ADUs being used as STRs is that renting an ADU as a long-term housing unit, defined as being rented for more than 30 consecutive days, will have the dual benefit of providing a positive income stream to a homeowner and adding a new residential unit to the local housing supply. Some studies attempt to make the case that ADUs being used as STRs make up "only a small percentage" of the overall stock of STRs (8%-12%).53 For example, data collected by the City of Seattle shows that 11 % of the total short-term rental units were ADUs. It should be noted, however, that 11 % still represents 418 units that are not contributing to that city's long-term housing supply. Given the significant policy implications, local governments located in areas with high demand for short-term rentals, such as popular tourist destinations, should carefully consider the pros and cons of allowing ADUs to be used as short-term rentals. State law Cities and counties may restrict the use of ADUs for short term rentals.54 Examples • Bellingham Municipal Code Sec. 20.10.037 - Does not allow STRs in detached ADUs in single-family zones but does allow them in detached ADUs in other zones, and in attached ADUs citywide. • Poulsbo Municipal Code Sec. 18.70.070 - Does not allow ADUs to be used as STRs. Sequim Municipal Code Ch. 18.66 - Does not allow ADUs to be used as STRs. 2. Provide user-friendly communication materials To assist applicants in navigating the ADU permitting process, local governments can provide user-friendly ADU webpages, informational handouts, guides, and checklists. These guidance documents can help by clearly articulating ADU requirements to property owners, homeowners, contractors, and developers. Clear materials inform those who are interested in building ADUs and encourage interest in ADU construction. Examples • Bremerton Guide to Establishing an ADU (2021 ) - Includes an overview of the city's ADU standards and links to permit requirements. • Lake Stevens ADU Permit Checklist - Helps applicants understand the city's ADU provisions. • Olympia ADUs & Accessory Structures Guide (2022A- Includes an overview of ADU regulations and standards, including design review requirements and guidelines. • Seattle ADUniverse: The ABCs of ADUs - Includes a step-by-step guide to creating an ADU. • Thurston County ADU Handout (20M- Covers the main elements of the county's three -step ADU permitting process. 52 RCW 36.70A.696(9) defines short-term rental as "a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than 30 consecutive nights." 53 See, for instance, the Urban Land Institute's report Jumpstarting the Market for ADUs: Lessons Learned from Portland. Seattle. and Vancouver. 54 HB 1337 Section 3(W al. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 28 SEPTEMBER 2023 Packet Pg. 48 3.c 3. Provide information on landlord -tenant laws for prospective ADU owners and ADU tenants For many homeowners renting an ADU on their property, this may be the first time they have served as a landlord. As a result, they may not be familiar with relevant local, state, and federal laws that apply to landlords (such as the Fair Housing Act). Conversely, renters also have certain rights and responsibilities under these laws that both landlords and tenants should know. The Washington Residential Landlord -Tenant Act includes the state's key landlord -tenant laws." Some local governments have created landlord -tenant regulations and programs with additional protections for renters, including rental registration and extra notice of rent increases and/or inspections. To inform both landlords and tenants about these requirements, local governments can develop user-friendly summaries of these resources and provide them to ADU applicants during the permit process. Examples • Bellingham: Landlords and Tenants — Includes information on the city's rental housing regulations, rental registration and safety inspection program, and more. • Benton County: Renter's Resources — Includes information on fair housing and tenant rights in Washington. • Burien: Renting in Burien — Includes information on the city's rental housing inspection program, notice of intent to sell, and eviction law in Washington. • Olympia: Tenant Protections — Includes information on the city's rental housing ordinance, FAQs, and more. • Tacoma: Landlord -Tenant Program — Includes information on the city's landlord -tenant program. 4. Provide information on ADU financing and funding programs Lack of funding and financing options is often cited as one of the most prevalent challenges for ADU construction.56 Lending institutions that finance ADU projects generally don't allow homeowners to borrow against a portion of the future value of an unbuilt ADU, further constraining the viability of projects. To support homeowners in financing their ADU projects, local governments can: • Identify other funding and financing opportunities for ADUs and make these resources available at the permit center and online. • Develop programs to facilitate access to ADU funding and financing opportunities. RCW 84.36.400, authorizes counties to provide a three-year property tax exemption for improvements to a single-family dwelling, including the construction of an ADU, as long as it represents 30% or less of the value of the original structure. The program was initiated through Chapter 204, Laws of 2020 (2SSB 6231) and stipulates that dwelling units may be either attached to or within the single-family dwelling or a detached unit located on the same real property. In 2023, additional provisions were added in King County.s' 55 More information on state and federal laws may be found on the Washington Office of the Attorney General's Landlord -Tenant page and the U.S. Department of Housing and Urban Development Tenant Rights, Laws and Protections: Washington page. 56 See the UC Berkeley's Terner Center for Housing Innovation's article ADU's for All: Breaking Down Barriers to Racial and Economic Equity in ADU Construction (2022). 57 SB 5045 offers extended property tax exemptions for ADUs in King County if the unit is affordable. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 49 3.c ADU owners may deduct, for income tax purposes, construction costs over time, annual property taxes, and shared monthly utility costs from rental proceeds, which may help encourage their development. ExampleF • Olympia OlyFed Bank: ADUs Financing — Provides six loan options for ADU construction. See this ADU Loan Options flyer and ADU Financing -presentation for more information. • Spokane Single -Family & Detached ADU Tax Exemption — The City of Spokane highlights the fact that Spokane County provides a tax exemption for ADUs for the three assessment years after the completion of the improvement, to the extent the improvement represents 30% or less of the value of the original structure. 5. Create a program to encourage legalization of unpermitted ADUs A combination of strong demand for new housing and too many barriers have in some Washington communities resulted in unpermitted ADUs. Creating a program to allow legalization of unpermitted ADUs can help promote safe, legal structures and open them up to rental opportunities. Local governments are encouraged to develop programs to promote the legalization of existing housing units, which should be done in a manner that ensures ADUs are safe to inhabit. Examples • Bellingham Municipal Code Sec. 20.10.036 — Allows ADUs existing prior to January 1, 1995, to become legally permitted, as long as ADU owners submit an application that is consistent with current ADU regulations and building codes. • Ferndale Municipal Code Sec. 18.34.060 — Allows owners of ADUs established before June 20, 2017, to submit an application to the city to legally permit the existing unit pursuant to the city's ADU regulations. 6. Provide pre -approved ADU plans After confirming their property is eligible for an ADU, homeowners begin the design process with an architect or designer. Depending on whether the unit is within an existing structure or free standing, the design process can add significant time and expense to a project. To streamline this step, some local governments offer detached ADU plan designs that have been pre -approved for compliance with building codes. ADU applications with pre -approved plans are typically approved in a shorter timeframe and with reduced permit fees since the designs have been vetted by staff. Even though the designs have been pre -approved all other code provisions, like site -specific standards, still apply. Examples • Olympia: Pre -Approved ADU Plans (Guide) (2021) — The cities of Olympia, Lacey, and Tumwater worked together to offer four plans that have been pre -approved for compliance with building codes. Leavenworth: ADU Plans — Offers four pre -approved designs. Each option includes two different styles — modern and traditional. Renton: Permit Ready ADU Program — Includes eight pre -approved, designed, and engineered model base plans, ranging in size from 415 to 1,000 square feet and varying in architectural style. Seattle: Pre -approved Detached ADUs Program — Offers 10 pre -approved plans for detached ADUs, including factory -assembled structures that have been approved by the Washington Department of Labor and Industries. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 30 SEPTEMBER 2023 Packet Pg. 50 3.c Cedar Cottage Seattle ADU Pre -Approved Plan (above and below). Credit: CAST architecture. fTANDNO Noon M*AE ooNam jCT4k OK"AR&MIME GWAT ROOM C[NTNAL Vt O _ CMMATION NPBTFP FNTwr IM: Tic U M"I OPl IT COVE"® PATM) t FNT WV iN WTPt MMOAK r PAVINO Appendix A: Additional examples and resources 1. Allow two ADUs per lot • Bremerton Municipal Code Ch. 20.46 - Allows up to two ADUs per lot (see Sec. 20.46.010). • Kirkland Municipal Code Sec. 115.07 - Allows up to two ADUs (either attached or detached). • Fife Municipal Code Ch. 19.80 - Allows both one attached and one detached ADU on larger city lots. "For lots between 3,200 and 4,356 square feet, only attached ADUs are permitted. For lots larger than 4,356 square feet both attached and detached ADUs are permitted, provided the extra lot area required in the applicable zone is met." • Lake Forest Park Municipal Code Ch. 18.50 - For lots exceeding one acre, one attached and one detached ADU are permitted (see Sec. 18.50.050). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 51 3.c 2. Do not require owner occupancy • Seattle Release of Owner Occupancy Covenant for ADUs Forms (Word document) - This form for recording with the King County Recorder's Office releases property from the covenant for owner occupancy entered into as a condition of applying for an ADU permit, as owner occupancy is no longer required by Seattle's Land Use Code per Ordinance No. 125854 (2019). 3. Do not require off-street parking for ADUs • Bainbridge Island Municipal Code Ch. 18.09 - Allows garage conversions for ADUs. • Bellevue Ordinance 6589 - Adopted in 2021 prohibiting requirements for off-street parking for ADUs within one -quarter mile of a major transit stop. For additional background information, see Bellevue's page on Reduced Minimum Residential Parking Standards. • Bremerton Municipal Code Sec. 20.46.010 - One ADU is not required to provide an additional off-street parking space. The second ADU is required, however, to provide an off-street parking space in addition to that which is required for the principal unit. • Spokane Municipal Code Sec. 17C.300.130 - No additional parking is required for studio and one - bedroom ADUs and ADUs within one -quarter mile of certain transit stops. Spokane allows garage conversion for ADUs. • Olympia Municipal Code Sec. 18.38.100 - Doesn't require parking spaces for ADUs (see table 38.01, "Residential" section). • Tacoma Municipal Code Sec. 13.06.080 - No off-street parking is required for ADUs. • University Place Municipal Code Sec. 19.70.010 - No additional off-street parking is required for ADUs. • Vancouver Municipal Code Ch. 20.810 - Doesn't require additional on -site parking in conjunction with the establishment of an ADU. The city allows conversion of an existing garage structure or other outbuilding to be converted to an ADU; however, off-street parking for the primary residence is required to be provided elsewhere on the site. • Seattle Municipal Code Sec. 23.44.041 - Off-street parking is not required for ADUs, except that an existing required parking space may not be eliminated to accommodate an ADU unless it is replaced elsewhere on the lot. 4. Reduce barriers from setbacks and other ADU regulations Reduce setbacks for ADUs (especially rear setbacks) • Brier Municipal Code Sec. 17.24.010 - ADUs must conform to standard setback regulations, though the rear yard setback requirement is reduced to seven feet for ADUs. • Kirkland Municipal Code Sec. 115.115 - Required setbacks are the same as the underlying zone. detached ADUs may be located within five feet of an alley. Detached ADUs without alley access may be located no closer than five feet from the rear property line as long as the portion of the detached ADU in the reduced setback is no taller than 15 feet. • Sequim Municipal Code Sec. 18.66.050 - Exempts existing legally created on -site accessory structures - such as garages - that have been converted to ADUs from complying with setback standards. • Tacoma Municipal Code Sec. 13.06.080 - No setbacks from alleys are required. Reduce minimum lot sizes for ADUs (especially on small urban lots) • La Conner Municipal Code Sec. 15.110.080 - ADUs are allowed on lots that are under 5,000 square feet. • Medina Municipal Code Sec. 16.34.020 - ADUs are excluded from minimum lot area requirements. • Tacoma Municipal Code Sec. 13.06.080 - ADUs are allowed on any legally established lot, regardless of lot size or width. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 52 3.c Increase height maximums for ADUs La Center Municipal Code Sec. 18.247.050 - ADUs are limited in height to 25 feet or the primary dwelling's height, whichever is lower. Mukilteo Municipal Code Sec. 17.30.060 - ADUs may be two stories high and must comply with maximum building heights for the underlying zoning district; Detached ADUs cannot be taller than the primary unit, except that there is a maximum height of one-story if the detached ADU is located above a garage or similar structure. Pacific Municipal Code Sec. 20.92.060 - ADUs may be up to 25 feet high. 5. Increase maximum size limits for ADUs appropriate to zone and context • Black Diamond Municipal Code Sec. 18.56.030 - Detached ADUs are limited to 1,000 square feet. • Bremerton Municipal Code Sec. 20.46.010 - Limits ADUs to 1,000 square feet or no more than 60% percent of the principal unit's total habitable floor area, whichever is greater. Attached ADUs in residences built prior to 2020 may receive director's approval to increase ADU floor area to equal that of the principal dwelling. • Burien Municipal Code Sec. 19.17.070 - Internal or attached ADUs are limited to 1,000 square feet. The planning director may make exceptions to size limitations to allow for the better utilization of existing spaces. • Leavenworth Municipal Code Sec. 18.36.035 - The total habitable floor area of any ADU is limited to 1,200 square feet. • Kirkland Municipal Code Sec. 115.07 - ADUs are limited to 1,200 square feet. • Roslyn Municipal Code Sec. 18.140.030 - ADUs are limited to 1,000 square feet. • Yakima Municipal Code Sec. 15.09.045 - The ADU's floor area is limited to 1,000 square feet. 6. Limit use of design standards • Bothell Municipal Code Sec. 12.14.135 - Attached ADU entrances are permitted on the front of the primary residence under certain conditions. • Bremerton Municipal Code Sec. 20.46.010 - The city has developed a user-friendly ADU Guide (2021) that summarizes design regulations with visual examples. • Fife Municipal Code Sec. 19.80.040 - Recommended approaches to promote privacy for adjacent properties are included in subsection 19.80.040(A)(6). 7. Remove, reduce or waive permit application fees, impact fees, system development charges, and other ADU-related fees Utility connection fees/system development charges • Chelan Municipal Code Sec. 13.33.020 - Offers utility rate reductions for ADUs. La Center Municipal Code Sec. 18.247.050 - ADUs may share sewer and water connections with the primary dwelling. System development charges are imposed at a reduced rate compared to a single- family home (Sec. 18.247.080). Yakima County Code Sec. 19.18.020 - The ADU and the primary dwelling unit will share a single sewer and water connection, unless the local sewer and/or water purveyor requires separate connections. Impact fees • Bellingham Permit Fees - This webpage offers information establishing that: • ADUs are assessed at half the multi -family rate for park impact fees. • For transportation impact fees, the person trip rate is less than duplexes and townhouses • School impact fees are waived for ADUs. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 33 SEPTEMBER 2023 Packet Pg. 53 3.c • Bellingham Ordinance No. 2018-11-022 - Establishes impact fee reductions related to the city's 2018 ADU code update. • Kirkland Accessory Dwelling Units - Exempts transportation, park, and school impact fees for ADUs in accordance with city code (KMC 27.04.050, KMC 27.06.050, KMC 27.08.050). These fees are assessed on the primary single-family residence only. • Renton 2023-2024 Fee Schedule - Impact and permit fees are waived for ADUs. Stormwater system development charges are reduced by 50% for ADUs. • Tukwila Fee Schedule- Exempts attached ADUs from impact fees (see Figure 16-1 "Fee Schedule"). • Everett 2023 Impact Fees Schedule - Waives traffic and school impact fees for ADUs. • Olympia Municipal Code Ch. 15.08 - Waives school impact fees and reduces transportation and park impact fees for ADUs. • Renton 2019-2020 Fee Schedule (Section XII) - Provides impact fee reductions and waivers for ADUs. ADU permit application fees • Port Angeles Temporary Building Permit Fee Waiver Form (2022) - A temporary building permit fee waiver is available for construction of housing reserved for families with 80% AMI or below through September 2028; ADUs are included as an acceptable dwelling type for this waiver. 8. Allow prefabricated ADUs Code examples • Richland Municipal Code Sec. 23.42.020 - Allows accessory apartment units that are manufactured off site. Langley Municipal Code Sec. 18.22.115(C) - While not addressing prefabricated housing, "tiny homes" are allowed to be used as ADUs, if they can meet the International Residential Code (IRC) and other specified local standards. Other resources • Olympia Manufactured Homes (Handout) (2017) - Manufactured homes are allowed to be used as ADUs, particularly to promote affordable housing. Seattle ADUniverse: • The ABCs of ADUs - Mentions factory -built ADUs in the Construction section. • Pre -approved Detached ADUs - References factory -assembled structures in the L&I-approved detached ADUs section. The pre -approved plans include the Urban Cottage Prefab and WOOD Studio design. • Seattle: Guide to Building a Backyard Cottage (2010) - See page 19. • Seattle Tip Sheet 305: Factory -Assembled Structures for Residential and Commercial Use (2023) - Includes a comparison of the three types of factory -assembled structures, local requirements, and fees. • Insider: A new collection of minimalist tiny homes from $37,500 is available in the US for the first time (2023) - Article about affordable tiny homes from Latvia -based firm, MyCabin. • Congress for the New Urbanism: Novel idea - Modular house that's cute (2023) - Article describing a well -designed modular house that received an Urban Guild Award. • HUD Office of Policy Development (PD&R): Factory -Built Accessory Dwelling Units for Affordable Housing Options (2020) - Highlights communities that support factory -built ADU designs. 9. Streamline ADU permitting processes Code examples • Olympia Municipal Code Sec. 18.72.080 - Approves ADUs administratively. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 34 SEPTEMBER 2023 Packet Pg. 54 3.c • Pacific Municipal Code Sec. 20.92.057 - Single, straightforward application requirements for ADU development. • Sequim Municipal Code Sec. 18.66.040 - Approves ADUs administratively. • Other resources • Bellevue: ADU Registration - This webpage notes that ADU registration, a floor plan, and site sketch/site plan are the minimum necessary to proceed with the ADU application process. • Camas: ADU Application Form - Two -page application form that includes applicable development standards and design guidelines. • Lake Stevens: ADU Compliance Checklist - This checklist provides a detailed overview of the permitting process. • MRSC: Streamlining Local Permit Review Procedures - This webpage provides examples of streamlined permit review processes. • Seattle: Construction Permit - Addition or Alteration - This webpage provides that to add within an existing house, a construction addition/alteration permit is needed; to build a detached unit, a construction addition/alteration permit is needed. • Vancouver Municipal Code Sec. 20.920.060(H) - Expedites permit review for infill development. 10.Offer incentives to encourage ADUs that are affordable to lower -income households • Bellingham Housing Development: Guideline and Procedure Handbook (2019) - Housing Levy funds are available to support purchases of homes with ADUs. • Block Project - Nonprofit with a mission to construct and find homeowners in Seattle willing to host an affordable ADU on their residential properties. • Habitat for Humanity (Seattle -King & Kittitas Counties) - South Park Project - This award -winning Habitat for Humanity project, funded in part through Seattle Housing Levy funds, includes ADUs. • Fannie Mae: HomeReady Accessory Unit Income and Boarder Income Flexibilities (2022) - Expands access to creditworthy low-income borrowers. Community land trust (CLT) examples • National League of Cities: How One Colorado Community Land Trust Is Preserving Homeownership and Affordability (2021) - Elevation Community Land Trust operates in partnership with a Denver Housing Authority initiative to support homeowners and prevent displacement. Their approach includes building ADUs to create more living space for family members or a new source of income. • T.R.U.S.T. South LA (& four other California CLTs): Increasing Community Power and Health through Community Land Trusts (2020) - The Community Land Trust Association of West Marin, in collaboration with the Housing Authority of Marin County, offers zero -interest loans, permit fee waivers, and other benefits for homeowners to create ADUs for use as affordable rental units. • Shelterforce: Affordable ADUs: How It's Being Done - Explores pilot programs and other strategies for financing ADUs for low- and moderate -income homeowners. Appendix B. Relevant G M H B cases for counties Futerwise v. Snohomish County, Case 22-3-003, Final Decision and Order. The Board found that the county failed to protect agricultural lands of long-term commercial significance, in violation of RCW 36.70A.177, and was inconsistent with multi -county and countywide planning policies, in violation of RCW 36.70A.210. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 55 3.c • Loon Lake Property Owners Association, et al V. Stevens County, Case No. 01-1-0002c, Compliance Order (May 30, 2008) — Allowing an ADU on all parcels —including substandard lots-- can considerably increase density in rural areas; regulations should contain specific criteria to curtail indiscriminate increased density. • Friends of San Juans. et al v. San Juan Countv. Case No. 3-2-0003c coordinated with Nelson. et al v. San Juan County, Case No. 06-2-0024c, FDO/Compliance Order (Feb. 12, 2007) — Regulations allowing a detached ADU on substandard rural lots allowed residential use to predominate over rural uses and were therefore noncompliant. Kittitas County Conservation, et al v. Kittitas County, Case No. 07-1-0015, Final Decision Order (Mar. 21, 2008) — County ADU regulations must contain density provisions to preserve rural character —failure to do so would result in "urban -like" density in rural areas. Peninsula Neighborhood Association v. Pierce County, Case No. 95-3-0071, Final Decision and Order (Mar. 20, 1996) — Local governments are required to include ADU provisions in their development regulations, but those regulations must be consistent with the GMA requirement that local governments reduce sprawl in rural areas. • Yanisch v. Lewis County, Case No. 02-2-0007c, Order on Compliance Hearing (Mar. 12, 2004) — County definition of "rural character" must comply with GMA; subdivision or sale of ADU to family member may not be approved if doing so creates lots of less than five acres. Appendix C. Resources for programmatic elements 1. Address the use of ADUs as short-term rentals • La Conner Municipal Code Sec. 15.110.080 — ADUs may not be used as short-term rentals. • Langley Municipal Code Sec. 5.40.030 — A maximum of 50 ADUs can be used as short-term rentals in Langley. • Marysville Municipal Code Sec. 22C.180.030 — ADUs aren't permitted as short-term rentals. • Roslyn Municipal Code Sec. 18.140.030 — ADUs may be rented for a minimum of 60 days. • Tukwila Municipal Code Sec. 18.50.220 — Doesn't allow ADUs to be rented for periods of less than 30 days. 2. Provide user-friendly communication materials • Bellingham: Homeowner's Handbook to Building an ADU — This handbook, developed by the Whatcom Housing Alliance and the City of Bellingham, includes ADU basics and information on permitting, design, construction, and costs. • Jefferson County: The ABCs and 123s of ADUs (2022) — This guide, developed by the Housing Solutions Network, includes information for homeowners considering ADU development, particularly for affordable housing. • Lynnwood ADU Guide — One -page guide with an overview of the city's ADU requirements, including those related to size, design, and setbacks. • Poulsbo Accessory Dwelling Units — This webpage includes ADU basics, benefits of an ADU, code requirements, permitting process, handouts, and flow charts. • Redmond ADU (Handouty(2019) — This one -pager includes an overview of the city's ADU requirements and permit process. • San Juan County Detached ADU Permit Application Checklist (2018) — One -page overview of all permit application requirements. • Seattle: A Guide to Building a Backyard Cottage (2010) Spokane Accessory Dwelling Unit Current Allowances (2022) — Includes quick facts. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 36 SEPTEMBER 2023 Packet Pg. 56 3.c Tacoma ADU Tip Sheet (2022) - Includes development standards, permit requirements, submittal and review process, and more. Tacoma Accessory Dwelling Units Design Guide (2022) - A handbook for building ADUs. Toronto, Canada • Changing Lanes - Laneway Suites in the City of Toronto - Provides requirements, reports, and other information for laneway suites (i.e., detached ADUs abutting a public laneway). • Garden Suites - Offers rules and regulations, key considerations, and other information for garden suites (i.e., detached ADUs that do not about a laneway). • YouTube - City of Toronto Garden Suites Draft Rules - Video discussing the city's draft rules for garden suites. • Vancouver ADU Fact Sheet (2022) -Includes FAQs. 3. Provide information on landlord -tenant laws for prospective ADU owners and ADU tenants • A Regional Coalition for Housing (ARCH): Renting Out An ADU - Information on finding tenants, rental agreements, landlord -tenant relationship, and more in East King County. • Bellevue: Residential Rental Regulations - Contains general guidelines for ADU rental terms. • Kenmore Ordinance No. 22-0545 (2022) - Adopts tenant protections increasing notice for rent increases, capping late fees, capping move in fees and deposits, and more. The ordinance notes that "dwelling unit" has the same meaning as the state's Residential Landlord -Tenant Act (RCW 59.18.030), which defines it as "...a structure of that part of a structure which is used as a home, residence, or sleeping place by one or two or more persons maintaining a common household..." • Kirkland: Tenant Protections - Includes new tenant protections related to notice of rent increases, maximum security deposit, and enforcement. • Redmond: Living in Redmond - Includes information on the city's new tenant protections. 4. Provide information on ADU financing and funding programs • Fannie Mae: HomeReady Accessory Unit Income and Boarder Income Flexibilities (2022) - Expands access to creditworthy low-income borrowers. • Freddie Mac: Accessory Dwelling Unit (ADU) FAQ - Includes common questions about Freddie Mac's ADU loan terms. • UC Berkeley's Terner Center for Housing Innovation & USC's Lusk Center for Real Estate: ADU Construction Financina (2022) - Includes product examples and considerations. • A Regional Coalition for Housing (ARCH): ADU Lending Assistance - Includes information about both private and public financial requirements and assistance. • Local Investing Opportunities Network (LION) - Provides loans for ADU development in Jefferson County. 5. Provide information on ADU condominium conversions Bellevue ADU Reform Land Use Code Amendment (LUCA) - The city is updating its code to remove barriers for the construction of attached ADUs, including removing the prohibition on condominium conversion. 7. Create a program to encourage legalization of unpermitted ADUs Code examples • Burien Municipal Code Sec. 19.17.070 - ADUs without city approval may be legalized if the owner applies for the applicable permits. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 57 3.c • Enumclaw Municipal Code Sec. 19.34.240 - Allows ADUs that existed as of November 1, 2001, to be legally established with an application, inspection, and affidavit. Permit application fees were waived within the first year of the relevant ordinance being in effect. • Kirkland Municipal Code Sec. 115.07 - An ADU inspection is required for issuance of an ADU permit if it was built without a final building permit. • Langley Municipal Code Sec. 18.22.115 - An ADU that existed as of January 22, 2019, may be legally established and may continue to be used as an ADU with an application, inspection, and affidavit. • Mukilteo Municipal Code Sec. 17.30.040 - ADUs built without proper permitting may become legal if the owners submit an application and fulfill parking and owner occupancy requirements, among others. • Newcastle Municipal Code Sec. 18.31.050 - ADUs may become legal following an application and inspection process. • Roslyn Municipal Code Sec. 18.140.030 - If an ADU was created without a building permit, the city requires a building inspection to determine if the structure is sound, will not pose a hazard to people or property, and complies with the ADU requirements and building code. Other resources • Casita Coalition: Legalizing an Unpermitted ADU (2022) - Provides guidelines for homeowners to legalize existing ADUs. • Seattle: Construction Permit - Establishing Use - This webpage provides that to legalize an existing unit, a construction permit is needed to establish use: additionally, there could be a need to apply for electrical service changes or new services from Seattle City Light. Seattle Department of Construction and Inspections • Tip 217 - How to Legalize a Use Not Established by Permit (2022) - Includes the rationale for applying for a permit to establish a use and how to document a use for the record. • Tip 606 - Illegal Dwelling Units (2022) - Defines illegal dwelling units and the process to legalize or remove them. 8. Provide pre -approved ADU plans • Lacey Accessory Dwelling Units - Four pre -approved detached ADU plans are available. • Raleigh. INC: ADU Fast Track Gallery-- Provides ADU plans at a lower cost than typical design processes. Appendix D: Other ADU information and resources Definitions RCW 36.70A.696 - Provides statutory definitions. Seattle Office of Planning & Community Development: Encouraging Backyard Cottages - This webpage includes definitions for detached and attached ADUs. • Vancouver Municipal Code Ch. 20.810 - See Sec. 20.810.020 for ADU definition. Adopting ordinances Bremerton Ordinance No. 5410 (2020) - Amends section 20.46.010, in response to HB 1923 (2020). Bremerton Ordinance No. 5416 (2021) - Adopts amendments to the city's ADU regulations, including increasing minimum size, removing parking requirements, removing owner occupancy requirements, and changing design standards. Langley Ordinance No. 1051 (2019) - Amends several sections of the Langley Municipal Code, including section 18.22.155, to encourage housing options and increase housing affordability. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 38 SEPTEMBER 2023 Packet Pg. 58 3.c • Seattle Ordinance (2019) — Amends multiple sections of the Seattle Municipal Code to remove barriers for attached and detached ADUs and add a floor area ratio requirement in certain single-family zones. Spokane Ordinance No. C36225 (2022)— Amends multiple sections of the Spokane Municipal Code to increase flexibility for ADUs. Changes to the ADU regulations were a Washington State Department of Commerce grant deliverable. Tacoma Ordinance No. 28576 (2019) — Amends multiple sections of the Tacoma Municipal Code to allow detached ADUs in single-family zones, simplify regulatory requirements, reduce regulatory barriers, and increase flexibility in building design, size and location. See also the pre -amble to early versions of HB 1337, which provides a number of finding support ADU ordinances. Code reform processes • Bellevue ADU Code Reform — The city's land use code amendment will remove barriers and encourage the construction of attached ADUs. • Everett ADU Amendments — Includes project documents for process to simplify ADU regulations. • Policies in housing and comprehensive plans • Burien Comprehensive Plan: Chapter 2 - Plan Policies (2022) — See the housing element (2.4) goals specifically focused on ADUs: Pol. HS 1.3, Pol. HS 1.10 and Pol. HS 1.11. • Everett Housing Action Plan (2021) — ADUs are noted as a key strategy to increase housing variety. See section related to ADUs: "Increasing Housing Variety" Recommendation 1.1. • Kent Housing Options Plan (2021) — See information related to ADUs in page 71 (Table 5.3) and pages 146148. • Langley Comprehensive Plan (2018) — See land use (LU), housing (H), and utilities and capital facilities (UCF) goals and policies related to ADUs: LU-4.8, H-1.1, H-4.1, H-4.4, and UCF-1.3. • Olympia Housing Action Plan (2021) — ADUs are a key implementation strategy for increasing the variety of housing choices (see Chapter 2: Strategy 4). • Seattle 2035 Comprehensive Plan (2020) — See the policies related to ADUs: Land Use (LU) policy LU 7.5, Greenwood/Phinney Ridge (G/PR) housing policy G/PR-P11, Queen Anne (QA) policy QA-P13, Wallingford (W) housing policy W-P14, and Westwood Highland Park (W/HP) housing policy W/HP-P21. • Spokane Comprehensive Plan - Housing Chapter (2017) — See H 1.19 (Senior Housing), H 1.20 (ADUs). Regional and national reports and websites • accessorydwellings.org — A one -stop source about ADUs, multigenerational homes, laneway houses, ADUs, granny flats, and in-law units. • American Association of Retired Persons (AARP): All About Accessory Dwelling Units — Free publications, and more, about how ADUs expand housing options for people of all ages. • American Planning Association (APA): Accessory Dwelling Units — Webpage with reports, briefing papers, articles, case studies, videos, and more. • A Regional Coalition for Housing (ARCH): Accessory Dwelling Unit — A comprehensive, user-friendly website from an affordable housing partnership organization focused on serving East King County. • MRSC: Accessory Dwelling Units — Webpage that provides a good summary about ADUs. • Puget Sound Regional Council Housing Innovations Program: Accessory Dwelling Units (2020) — Guide that includes an overview of ADUs in the Puget Sound region, along with model policies and regulations. • Shelterforce: ADUs - Laws and Uses, Do's and Don'ts — Summary of some key debates pertaining to ADU rentals. • University of Toronto: "The Citizen Developer" video (YouTube -- Short video discussing the benefits of small-scale housing. a REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 39 SEPTEMBER 2023 Packet Pg. 59 3.c REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 40 SEPTEMBER 2023 Packet Pg. 60 ./►' Washington State Department of 140 Commerce We strengthen communities User Guide for Middle Housing Model Ordinances January 26, 2024 GROWTH MANAGEMENT SERVICES v3.0 3.d Acknowledgements Washington State Department of Commerce Mike Fong, Director Mark Barkley, Local Government Division, Assistant Director Dave Andersen, Growth Management Services, AICP, Managing Director Editors David Osaki, AICP, Middle Housing Lead Anne Aurelia Fritzel, AICP, GMS Housing Programs Manager Mary Reinbold, AICP, Senior Planner, Growth Management Services Content Development Bob Bengford, AICP, Partner, MAKERS Architecture and Urban Design Scott Bonjukian, AICP, Project Manager, MAKERS Architecture and Urban Design Ian Crozier, AICP, Associate Planner, MAKERS Architecture and Urban Design Markus Johnson, Planner, MAKERS Architecture and Urban Design Clay White, AICP, Planning Director, Kimley-Horn Ben Felstein, Planner, Kimley-Horn Tyler Bump, Partner, ECONorthwest Mackenzie Visser, Associate, ECONorthwest Michelle Anderson, Project Manager, ECONorthwest Sara Springer, Member, Ogden Murphy Wallace PLLC Drew T. Pollom, Ogden Murphy Wallace PLLC Shane Hope, Principal, Plan Hope Technical Committee Preston Frederickson, City of Walla Walla Mark Hofman, City of Newcastle Erin Fitzgibbons, City of Newcastle Joyce Phillips, City of Olympia Elise Keim, City of Shoreline Salina Lyons, City of Covington Dafne Hernandez, City of Covington Rob White, City of Ruston Washington State Department of Commerce PO Box 42525 Olympia, WA 98504-2525 www.commerce.wa.gov Spencer Gardner, City of Spokane David Boyd, City of Bothell Rebecca Samy, City of Bothell Nick Bond, City of Port Orchard Adam Weinstein, City of Kirkland Becky Ableman McCrary, City of Everett Brennon Staley, City of Seattle Carl Schroeder, Association of Washington Cities 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). Published January 26, 2024. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 62 3.d Table of Contents 1.0 - Introduction........................................................................................................................................ 4 1.1 - Applicability...................................................................................................................................................... 7 1.2 - Statutory Compliance Deadlines..................................................................................................................10 1.3 - How To Use the Model Ordinances..............................................................................................................11 2.0 - Model Ordinances and Annotations...................................................................................................14 Introduction..............................................................................................................................................................14 Ordinance Recitals ............................................... 2.1 - Purpose....................................................... 2.2 - General Provisions ...................................... 2.3 - Definitions................................................... 2.4 - Applicability................................................. 2.5 - Unit Density and Affordable Housing ........ 2.6 - Middle Housing Types ................................ 2.7 - Dimensional Standards .............................. 2.8 - Design Standards............. 2.9 - Parking Standards ........... 2.10 - Infrastructure Standards ....................................15 ....................................17 ....................................18 .................................... 20 .................................... 24 .................................... 28 34 38 48 60 65 3.0 - Additional Considerations................................................................................................................. 68 3.1 - Existing Zones and Overlay Zones............................................................................................................... 68 3.2 - Major Transit Stops....................................................................................................................................... 69 3.3 - Declarations and Governing Documents.....................................................................................................73 3.4 - State Environmental Policy Act(SEPA)........................................................................................................74 3.5 - Building Code.................................................................................................................................................74 3.6 - Critical Areas..................................................................................................................................................74 3.7 - Subdivisions...................................................................................................................................................76 4.0 - Integration with Other State Law Requirements................................................................................. 77 4.1 - HB 1337 and Accessory Dwelling Units.......................................................................................................77 4.2 - SB 5258 and Unit Lot Subdivisions...............................................................................................................78 4.3 - HB 1220 and Housing Elements...................................................................................................................82 4.4 - Land Use Elements and Land Capacity........................................................................................................ 84 4.5 - SB 5058, SB 5258, and Condominium Buildings.........................................................................................87 4.6 - SB 5235 and "Family„ Definition...................................................................................................................87 4.7 - SB 5258 and Impact Fees............................................................................................................................. 88 4.8 - Shoreline Master Programs and Regulations..............................................................................................89 5.0 - Affordable Housing........................................................................................................................... 91 5.1 - Development Feasibility Analysis.................................................................................................................91 5.2 - Alternatives to HB 1110 Affordability Requirements..................................................................................96 6.0 - Alternative Compliance..................................................................................................................... 98 JANUARY 26, 20241 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 63 6.1 - Alternative to Density Requirements..... 6.2 - Alternative Local Action ......................... Appendix A - Middle Housing Pro Forma Assumptions............................................................................. 105 JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 64 3.d 1.0 - Introduction User Guide Purpose This User Guide is intended to support planners, advisory bodies, elected officials, and interested parties in implementing code amendments related to RCW 36.70A.635 and related RCW sections, and to help the readers understand the organization and basis for recommended standards in the middle housing model ordinances. The User Guide uses diagrams, references to public informational documents, and real -world examples to offer recommendations and best practices for the development of middle housing. Background The Washington Legislature passed Engrossed 2nd Substitute House Bill 1110 ("E2SHB 1110", commonly referred to as "HB 1110") in 2023. HB 1110 requires 77 jurisdictions across the State of Washington to adopt development regulations allowing for middle housing on all lots zoned predominantly for residential use, including minimum unit per lot standards, maximum parking requirements, and requiring administrative design review in cases where design review is used. The main provisions of HB 1110 are codified in RCW 36.70A.635 through RCW 36.70A.638. In passing HB 1110, the Legislature's findings are: "...Washington is facing an unprecedented housing crisis for its current population and a lack of housing choices, and is not likely to meet the affordability goals for future populations. In order to meet the goal of 1,000,000 new homes by 2044, and enhanced quality of life and environmental protection, innovative housing policies will need to be adopted. Increasing housing options that are more affordable to various income levels is critical to achieving the state's housing goals, including those codified by the legislature under chapter 254, Laws of 2021. There is continued need for the development of housing at all income levels, including middle housing that will provide a wider variety of housing options and configurations to allow Washingtonians to live near where they work. Homes developed at higher densities are more affordable by design for Washington residents both in their construction and reduced household energy and transportation costs. While creating more housing options, it is essential for cities to identify areas at higher risk of displacement and establish antidisplacement policies as required in Engrossed Second Substitute House Bill No. 1220 (chapter 254, Laws of 2021).' The state has made historic investments in subsidized affordable housing through the housing trust fund, yet even with these historic investments, the magnitude of the housing shortage requires both public and private investment. In addition to addressing the housing shortage, allowing more housing options in areas already served by urban infrastructure will reduce the pressure to develop natural and 1 Department of Commerce guidance for implementing House Bill 1220: https://www.commerce.wa.gov/serving-communities/growth- management/growth-management-topics/planning-for-housing/updating gma-housing-elements/ JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 M Packet Pg. 65 3.d working lands, support key strategies for climate change, food security, and Puget Sound recovery, and save taxpayers and ratepayers money." RCW 36.70A.636(2)(a) directs the Washington State Department of Commerce ("Department of Commerce") to "...(p]ublish model middle housing ordinances no later than six months following July 23, 2023." The Model Ordinances and User Guide have been written to carry out this directive. Importantly, the Model Ordinances are not a duplication of the law and are written with the understanding that a "model" is a good example or recommendation. The Model Ordinances and User Guide offer guidance to create increased housing capacity, promote housing production, increase densities, ensure functional and livable developments, protect the environment, and encourage the development of housing affordable at different income levels. The Model Ordinances are designed to assist cities with implementing new middle housing requirements and advancing supportive zoning for middle housing. This includes addressing topics such as reasonable dimensional standards and other provisions which will facilitate middle housing development. Local jurisdictions may make adjustments to these standards and provisions based on their local policy priorities. The User Guide offers guidance on options for cities to address HB 1110 requirements, code changes to implement these new requirements, and a suite of recommendations so that development regulation amendments work well when implemented. The Department of Commerce hired a consultant team for the overall body of work. The Model Ordinances and User Guide were shaped by engagement with stakeholders along with the project team's expertise in middle housing policy, land use planning, development regulations, and economic analysis. Benefits of Middle Housing Middle housing has many benefits, including: • Contributing to undoing historic economic and racial exclusion by opening up traditionally single-family neighborhoods to more diverse housing options and household types. • Providing housing that is typically more affordable both in their construction costs and reduced household energy and transportation costs than traditional detached single-family homes. • Supporting efforts to address climate change, by expanding housing types that generally have less environmental impact per unit and lower carbon footprints than a detached single-family home. • Providing housing that complements transit and walkability. • Focusing new housing in urban areas and limiting the conversion of farms, forests, and rural lands. • Contributing to meeting new Housing Element requirements by providing more housing for people at different income levels. For these and other reasons, middle housing is an effective way to help accommodate housing needs for the state's growing population. General Considerations Effective implementation of HB 1110 requires thoughtful amendments to development regulations. How those amendments are drafted will vary given that cities have various code frameworks for how their zoning and other development regulations are organized and administered. For example, to regulate use some cities rely on a comprehensive use table, while others list allowed uses by zone. To regulate bulk some cities use floor area ratio (FAR), others do not. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 5 V3.1 I Packet Pg. 66 3.d While cities subject to HB 1110 likely have already seen some middle housing development, infill development of middle housing on typical lots in existing neighborhoods may be new. Under HB 1110 cities cannot require lot sizes for middle housing which are more restrictive (larger) than for detached single-family residences. Development standards that work well for middle housing on larger lots may preclude infill development on smaller lots. The User Guide recommends approaches to evaluate code amendments in a manner that reduces s barriers to the development of middle housing types, especially on small infill lots. a In amending development regulations for middle housing, cities should review their development regulations for potential barriers to middle housing. Facilitating middle housing development is an important step in demonstrating how Housing Element requirements are being met (RCW 36.70A.070(2)(d)). While RCW 36.70A.635(6)(b) below establishes a guardrail for middle housing requirements, applying the statutory requirement literally such that existing detached single-family regulations apply to middle housing may not result in codes that will allow middle housing development, "(b) Except as provided in (a) of this subsection, any city subject to the requirements of this section... shall not require through development regulations any standards for middle housing that are more restrictive than those required for detached single-family residences, but may apply any objective development regulations that are required for detached single-family residences, including, but not limited to, set -back, lot coverage, stormwater, clearing, and tree canopy and retention requirements to ensure compliance with existing ordinances intended to protect critical areas and public health and safety. " (RCW 36.70A.635(6)(b)) The Model Ordinances and this User Guide do not address every possible development situation that could apply to middle housing. Below are some questions that may assist cities in determining whether their code actively accommodates middle housing (some are expanded upon later in the User Guide): • Do established building setbacks, especially rear setbacks, need to be modified to accommodate development on small lots? Do current road standards account for the need for narrow driveways to access development on the rear of a lot if the primary home is retained, or if new middle housing development occurs on a vacant lot? Will there typically be enough room between the retained home or new middle housing development and the side property line? Are there subdivision standards which require large landscape buffers? These may be appropriate for traditional low -density single-family subdivisions but could be challenging to implement for infill subdivisions with middle housing. Allowing middle housing types widely across cities is a step towards realizing the benefits associated with these housing types. However, how middle housing development standards are drafted and adopted, along with other considerations such as fee structures and infrastructure can impact the outcomes of allowances. This User Guide seeks to provide information and guidance for jurisdictions to assist in developing and adopting middle housing regulations that can efficiently bring middle housing to the market in a manner compatible with surrounding development. Zoning Zoning is just one of many types of regulations that control development. Source: MAKERS JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 m Packet Pg. 67 3.d 1.1 -Applicability Of the 281 cities and towns in Washington, 77 are subject to the requirements of RCW 36.70A.635. Only cities a) which are within "fully planning" counties under the Growth Management Act are subject to RCW 36.70A.635, N and only then if the city also meets additional qualifying criteria. The statute uses 2020 Washington State Office of Financial Management (OFM) data to identify cities initially subject to the statute.2 The statute describes three categories of cities, primarily based on population but one category also accounts for whether a city is or is not within a contiguous urban growth area with the largest city in a county, if the county is more than 275,000 in population. For the purposes of the Model Ordinances and this User Guide, the Department of Commerce references these categories as "tiers." The tiers are: • Tier 1: Cities with a population of at least 75,000 • Tier 2: Cities with a population of at least 25,000 but less than 75,000 • Tier 3: Cities with a population less than 25,000, located in a county with a population of more than 275,000, and in a contiguous urban growth area with the largest city in the county The list of cities subject to RCW 36.70A.635 follows. Tier 1 Cities These are cities with a population of at least 75,000 in 2020. City Seattle City 2020 Population (U.S. Census) 737,015 228,989 City 2023 Population Estimate (OFM) 779,200 Spokane 232,700 Tacoma Vancouver 219,346 190,915 222,400 199,600 Bellevue 151,854 154,600 Kent 136,588 139,100 Everett 110,629 114,200 Renton Spokane Valley 106,785 107,900 102,976 107,400 Federal Way 101,030 102,000 Yakima 96,968 98,650 Kirkland 92,175 96,920 Bellingham Auburn Kennewick 91,482 95,960 87,256 88,820 83,921 86,470 Pasco 77,108 81,280 2 Office of Financial Management population data for 2020: https://ofm.wa.gov/washington-data-research/population- demographics/population-estimates/historical-estimates-april-1-population-and-housing-state-counties-and-cities JANUARY 26, 20241 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 68 3.d Tier 2 Cities These are cities with a population of at least 25,000 but less than 75,000 in 2020. City Redmond City • i Population 73,256 170,714 67,455 63,612 City 2023 •.. • 77,490 73,780 68,280 64,150 63,320 Marysville Sammamish Lakewood Richland 60,560 Shoreline 58,608 61,120 Olympia 55,382 56,900 Lacey 53,526 59,430 Burien 52,066 52,560 Bothell 48,161 43,505 49,550 Bremerton Puyallup 44,640 43,420 42,973 Edmonds 42,853 43,370 Issaquah 40,051 41,290 Lynnwood 38,568 40,790 Lake Stevens 35,630 35,575 41,260 Wenatchee 35,850 Mount Vernon 35,219 35,590 University Place 34,866 35,580 Walla Walla 34,060 34,310 Des Moines 32,888 33,260 31,740 29,250 SeaTac 31,454 Maple Valley 28,013 Camas 26,065 27,420 Mercer Island 25,748 25,800 Tumwater 25,573 27,100 Moses Lake 25,146 26,210 JANUARY 26, 20241 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 69 Tier 3 Cities 3.d These are cities with a population less than 25,000 in 2020, located in a county with a population of at least 275,000, and in a contiguous urban growth area with the largest city in the county. Those counties and their largest cities are the following: ' King LargestPopulation Seattle Tacoma Everett 2,269,675 920,393 County 2023 Populati • 2,347,800 946,300 859,800 554,600 Pierce Snohomish 827,957 Spokane Spokane 539,339 Clark Vancouver 503,311 527,400 Thurston Olympia Bremerton 294,793 275,611 303,400 283,200 Kitsap The list of Tier 3 cities follows. Kenmore ' King King City 2020 Population 23,914 21,798 21,538 21,286 City 2023 Population • 24,230 22,780 21,590 23,810 21,630 Tukwila Mukilteo Mountlake Terrace Mill Creek Snohomish Snohomish Snohomish 20,926 Covington King 20,777 21,600 Arlington Snohomish 19,868 21,740 Washougal Port Orchard Lake Forest Park Woodinville Clark 17,039 15,587 13,630 13,069 17,490 Kitsap King 17,480 13,660 King 13,830 DuPont Pierce 10,151 10,180 Newcastle King 13,017 13,610 Edgewood Liberty Lake Pierce Spokane 12,327 13,590 12,003 13,150 Fife Pierce 10,999 11,150 Airway Heights Spokane 10,757 11,280 10,800 Sumner Pierce 10,621 n JANUARY 26, 20241 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 70 3.d Milton Pacific King/Pierce King/Pierce Pierce City 2020 Population (U.S. Census) 8,697 7,235 City 2023 Population Estimate (OFIVI) 8,715 7,270 7,235 6,840 Fircrest 7,156 6,771 Normandy Park King Steilacoom Pierce 6,727 6,825 Brier Black Diamond Snohomish 6,560 6,610 6,880 King 4,697 Algona King 3,290 3,315 Clyde Hill King 3,126 3,115 Medina King 2,915 2,925 Millwood Spokane Snohomish King 1,881 1,925 Woodway 1,318 1,340 Yarrow Point 1,134 1,135 Ruston Pierce 1,055 1,065 Hunts Point King 457 317 460 315 Beaux Arts Village King 1.2 — Statutory Compliance Deadlines HB 1110 RCW 36.70A.635(11)(a) and (b) state that a city must comply with the requirements of RCW 36.70A.635 the latter of: Six months after the city's next periodic comprehensive plan update required under RCW 36.70A.130 if the city meets the population threshold based on the 2020 Office of Financial Management population data; or 12 months after the city's next implementation progress report required under RCW 36.70A.130 after a determination by the Office of Financial Management that the city has reached a population threshold established under RCW 36.70A.635(1). When a city moves into a new population tier it must comply with the applicable requirements of RCW 36.70A.635 no later than one year after the next implementation progress report required under RCW 36.70A.130. Implementation progress reports are due five years after the review and revision required by of their comprehensive plan required under RCW 36.70A.130. For example: The city of Redmond, which is currently Tier 2, crossed the 75,000 population threshold after 2020. The city will need to comply with Tier 1 requirements 12 months after its next implementation progress report required under RCW 36.70A.130. JANUARY 26, 20241 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 71 3.d The city of Bainbridge Island, which is currently not subject to the requirements of HB 1110 based on its 2020 population, crossed the 25,000 population threshold after 2020. The city will need to comply with Tier 2 requirements 12 months after its next implementation progress report required under RCW 36.70A.130. ; Other Bills This User Guide references several other 2023 housing bills or sections of state law that apply compliance deadlines. These are summarized below. • HB 1337 (accessory dwelling units): Fully -planning cities and counties must effectuate the requirements of RCW 36.70A.680 and .681 beginning six months after the next periodic comprehensive plan update required under RCW 36.70A.130.3 • HB 1293 (design review): Fully -planning cities and counties must effectuate the requirements of RCW 36.70A.630 beginning six months after the next periodic comprehensive plan update required under RCW 36.70A.130.4 • SB 5258 (impact fees): Fully -planning cities and counties must effectuate the requirements of RCW 82.02.060(1) six months after the next periodic comprehensive plan update required under RCW 36.70A.130.5 • SB 5258 (unit lot subdivisions): All cities, counties and towns are to adopt procedures for unit lot subdivisions by the next periodic update required under RCW 36.70A.130.6 1.3 — How To Use the Model Ordinances Model Ordinance Text The Department of Commerce's authority to publish this Model Ordinance is provided in RCW 36.70A.636(2)(a) and (b), which state: "(2) (a) The department shall publish model middle housing ordinances no later than six months following July 23, 2023. (b) In any city subject to RCW 36.70A.635 that has not passed ordinances, regulations, or other official controls within the time frames provided under RCW 36.70A.635(11), the model ordinance supersedes, preempts, and invalidates local development regulations until the city takes all actions necessary to implement RCW 36.70A.635." The Model Ordinances have two text styles meant to address HB 1110 implementation: Bold text in the Model Ordinances represents provisions from RCW 36.70A.635 that cities subject to the law must implement. The non -bold text are standards that are optional for a city to use. Cities may choose to revise these optional standards, as well as adopt all, some, or none of the optional provisions. However, the non -bold text will apply to a city that does not pass ordinances, regulations, or other local controls to implement House Bill 1110 within the time frame required by RCW 36.70A.635(11), until such time the city takes all 3 RCW 36.70A.680(1)(a) 4 RCW 36.70A.630(5) 5 RCW 82.02.060(10) 6 RCW 58.17.060(3) JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 72 3.d actions necessary to implement RCW 36.70A.635. Certain optional standards are included in the Model Ordinance for this specific reason, to allow a city to have basic standards for certain middle housing types (such as cottage housing) should the Model Ordinance temporarily be in effect. The diagram below summarizes the scenarios in which this Model Ordinance applies. Scenario 1 City adopts regulations complying with HB 1110 by its deadline* Bold text is integrated (required by HB 1110) Non -bold text is optional Scenario 2 City has not adopted regulations complying with HB 1110 by its deadline* Bold text is in effect (required by HB 1110) Non -bold text is in effect Later, after the deadline, city adopts regulations complying with HB 1110 Bold text is integrated (required by HB 1110) Non -bold text is optional * Deadline is six months after a city's next periodic comprehensive plan update required by RCW 36.70A.130 Example Section In some cases, required provisions of HB 1110 have been rewritten for ease of use and to translate the law into local code format with the same effect. For example, for Tier 2 cities, RCW 36.70A.635(1)(a)(i) states: (1) Except as provided in subsection (4) of this section, any city that is required or chooses to plan under RCW 36.70A.040 must provide by ordinance and incorporate into its development regulations, zoning regulations, and other official controls, authorization for the following: (a) For cities with a population of at least 25,000 but less than 75,000 based on office of financial management population estimates: (i) The development of at least two units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies; This requirement for Tier 2 cities is written in the Model Ordinance as: A. The permitted unit density on all lots zoned predominantly for residential use is: 1. Two units per lot, unless zoning permitting higher densities or intensities applies. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 12 V3.1 I Packet Pg. 73 3.d The Two Model Ordinances The two Model Ordinances are similar. One is for Tier 1 and 2 cities, and the other is for Tier 3 cities. The key differences are listed in the table below. Middle Housing Types Base Unit Per Lot Density Additional Unit Per Lot Density At least six of nine middle housing building types must be allowed* Tier 1 4 units per lot** Tier 2 2 units per lot** Tier 1 6 units per lot when near major transit or when at least 2 affordable housing units are provided** Tier 2 4 units per lot when near major transit or when at least 1 affordable housing unit is provided** Floor Area Ratio Progressive standards based on unit per lot count Maximum Lot Coverage Minimum Setbacks Design Standards Lot coverage maximum is higher than the Tier 3 Model Ordinance and is based on unit per lot count At least four of nine middle housing building types must be allowed, subject to review by the city's attorney 2 units per lot** No additional units per lot required No FAR standard Lot coverage maximum is lower than the Tier 1 and 2 Model Ordinance The minimum rear setback is less than in The minimum rear setback is higher than the Tier 3 Model Ordinance I in the Tier 1 and 2 Model Ordinance Design standards are included. Less standards are included in Tier 1 and Tier 2 cities than for Tier 3 cities (e.g., there are no standards in Tier 1 and Tier 2 for covered entries and window/door transparency). Design standards are included. More standards are included in Tier 3 cities than for Tier 1 and 2 cities. * RCW 36.70A.635(5) requires a city to allow "at least" six of the nine middle housing types. The model ordinance allows all nine to avoid pre -judging which middle housing types the jurisdiction intends to allow in the event the model ordinance goes into effect for jurisdictions that do not meet the statutory deadline to adopt middle housing regulations. ** RCW 36.70A.635(1) uses the phrase "at least" when describing these unit per lot standards. Cities can allow higher unit per lot densities. Tier 1: Cities with a population of at least 75,000. Tier 2: Cities with a population of at least 25,000 but less than 75,000. 2 Tier 3: Cities with a population less than 25,000, located in a county with a population of more than 275,000, and in a contiguous urban growth area with the largest city in the county. JANUARY 26, 20241 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 74 3.d 2.0 - Model Ordinances and Annotations Introduction User Guide Chapter 2.0 copies most of the Model Ordinances' text (for all city tiers) and adds supplemental annotations. The annotations provide context, options, and recommendations for particular topics. Note: Model Ordinances sections as well as excerpts from existing RCWs are italicized throughout this document Annotations are organized under the following headings: • Local Policy Choice — Describes code options cities could consider to achieve desired local outcomes, including developing more housing. • Discussion — Describes reasoning for model code content, issues cities should consider when drafting the middle housing development regulations, and recommendations for cities that want to consider code amendments that go beyond the minimum requirements of HB 1110. • References — Provides citations and links to research, articles, local codes, and real -world examples. • Footnotes — Footnotes on the Model Ordinance provisions provide additional resources and clarifications. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 75 3.d Ordinance Recitals Model Ordinance Text The Model Ordinance text is copied below for reference. ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY/TOWN OF WASHINGTON, IMPLEMENTING THE REQUIREMENTS OF ENGROSSED SUBSTITUTE HOUSE BILL (E2SHB) 1110, ADDING NEW SECTIONS AMENDING SECTIONS PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2023 the Washington State legislature passed Engrossed Substitute House Bill (E2SHB) 1110 (chapter 332, Laws of 2023) related to middle housing; and WHEREAS, in passing E2SHB 1110 (chapter 332, Laws of 2023) the State legislature found that Washington is facing an unprecedented housing crisis for its current population and a lack of housing choices, and is not likely to meet affordability goals for future populations; and WHEREAS, the State legislature further found that in order to meet the goal of 1,000,000 new homes statewide by 2044, and enhanced quality of life and environmental protection, innovative housing policies will need to be adopted and that increasing housing options that are more affordable to various income levels is critical to achieving the state's housing goals, including those established by the legislature in Engrossed Second Substitute House Bill No. 1220 (chapter 254, Laws of 2021); and WHEREAS, the State legislature further found: There is continued need for the development of housing at all income levels, including middle housing that will provide a wider variety of housing options and configurations to allow Washingtonians to live near where they work; Homes developed at higher densities are more affordable by design for Washington residents both in their construction and reduced household energy and transportation costs; While creating more housing options, it is essential for cities to identify areas at higher risk of displacement and establish anti -displacement policies as required in Engrossed Second Substitute House Bill No. 1220 (chapter 254, Laws of 2021); The state has made historic investments in subsidized affordable housing through the housing trust fund, yet even with these historic investments, the magnitude of the housing shortage requires both public and private investment; and JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 76 3.d In addition to addressing the housing shortage, allowing more housing options in areas already served by urban infrastructure will reduce the pressure to develop natural and working lands, support key strategies for climate change, food security, and Puget Sound recovery, and save taxpayers and ratepayers money. WHEREAS, on _ the city/town council passed Ordinance No. __ _ incorporating middle housing policies into the Housing Element of the Comprehensive Plan as required by House Bill 1220 (chapter 254, Laws of 2021); and WHEREAS, on _ the city/town transmitted a copy of the proposed ordinance to the Washington State Department of Commerce in accordance with RCW 36.70A.106 at least 60 days in advance of adoption for the required 60-day State review period; and WHEREAS, on _ the city/town issued a State Environmental Policy Act (SEPA) Determination of Non -Significance (DNS) on the proposed ordinance, which is a non -project proposal: and WHEREAS, during the course of developing the proposed ordinance, various means of public outreach were used including, but not limited to, public meetings, a middle housing webpage, presentations at various community groups, notification of public hearings; and WHEREAS, the city/town planning commission held work sessions on to study and review matters related to implementing ES2HB 1110; (chapter 332, Laws of 2023) and WHEREAS, on the city/town Planning Commission held a duly noticed public hearing on the proposed ordinance, accepted testimony and made a recommendation to the _ —city/town council; and WHEREAS, on the city/town council held a duly noticed public hearing to consider the planning commission recommendation and accept public testimony; and WHEREAS, adoption of the ordinance will bring the city/town into compliance with ES2HB 1110 (chapter 332, Laws of 2023) and will serve the general welfare of the public; NOW THEREFORE BE IT ORDAINED BY THE CITY/TOWN COUNCIL AS FOLLOWS Discussion These are example recitals. Recitals serve to support findings of fact, purpose and background information related to passage of an ordinance. Cities may tailor their recitals as much as necessary to reflect local ordinance structure, conditions and process. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 77 3.d 2.1 — Purpose Section 1 Model Ordinance Text The Model Ordinance text is copied below for reference. Footnotes may have been added to the model ordinance text in this User Guide to provide supporting information. Refer to User Guide Chapter 1.3 - How To Use the Model Ordinances for information on the difference between bold text and non -bold text. The purpose of this middle housing ordinance ("ordinance') is to: A. Implement Engrossed Second Substitute House Bill 1110, codified in RCW 36.70A.030, 36.70A.280, 36.70A.635, 36.70A.636, 36.70A.637, 36.70A.638, 43.21 C.495, and 43.21 C.450, 64.32, 64.34, and 64.38, and 64.90, by providing land use, development, design, and other standards for middle housing developed on all lots zoned predominantly for residential use. B. If necessary, supersede, preempt, and invalidate the city's development regulations that conflict with this ordinance until such time the city takes all actions necessary to implement RCW 36.70A.635, if the city has not taken action necessary to implement RCW 36.70A.635 by the time frame required by RCW 36.70A.635(11). The model ordinance shall remain in effect until the city has taken all necessary actions to implement RCW 36.70A.635. 1 Discussion These are example purpose statements. A city adopting development regulations for middle housing by the statutory deadline for complying with RCW 36.70A.635 does not need to include the purpose statement in Model Ordinance Section 1, Subsection (B), since the city will already be complying with the statute. 7 RCW 36.70A.636(2) JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 78 3.d 2.2 - General Provisions Section 2 Model Ordinance Text The Model Ordinance text is copied below for reference. Footnotes may have been added to the model ordinance text in this User Guide to provide supporting information. Refer to User Guide Chapter 1.3 for information on the difference between bold text and non -bold text. A. Nothing in this ordinance prohibits the city from permitting detached single-family residences.8 B. Nothing in this ordinance prohibits the city from requiring any development, including middle housing development, to provide affordable housing, either on -site or through an in -lieu payment, nor limit the city's ability to expand or modify the requirements of an existing affordable housing program enacted under RCW 36.70A.540.9 C. Nothing in this ordinance requires the issuance of a building permit if other federal, state, and local requirements for a building permit are not met.10 D. Nothing in this ordinance affects or modifies the responsibilities of the city to plan for or provide "urban governmental services" as defined in RCW 36.70A. 030. 11 E. The city shall not approve a building permit for middle housing without compliance with the adequate water supply requirements of RCW 19.27.097.12 F. The city shall not require through development regulations any standards for middle housing that are more restrictive than those required for detached single-family residences, but may apply any objective development regulations that are required for detached single-family residences, including, but not limited to, set -back, lot coverage, stormwater, clearing, and tree canopy and retention requirements to ensure compliance with existing ordinances intended to protect critical areas and public health and safety. 13, 14 G. The same development permit and environmental review processes shall apply to middle housing that apply to detached single-family residences, unless otherwise required by state law including, but not limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW.15 8 RCW 36.70A.635(g) 9 RCW 36.70A.635(2)(c), RCW 36.70A.635(3) 10 RCW 36.70A.635(10) 11 RCW 36.70A.638(9) and (11) 12 RCW 36.70A.638(10) 13 RCW 36.70A.635(6)(b) 14 Definition of "development regulations" under RCW 36.70A.030(13): "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.7013.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. 15 RCW 36.70A.635(6)(c) JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 79 3.d H. Conflicts. In the event of a conflict between this ordinance and other development regulations applicable to middle housing, the standards of this ordinance control. Discussion Items in bold above are general provisions included in HB 1110. General provisions apply to the ordinance as a whole and provide clarifying information on how it is implemented. Model Ordinance Section 2, Subsection (1) regarding conflicts, is included because the Model Ordinance cannot account for every existing development regulation a city may apply to middle housing. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 80 3.d 2.3 — Definitions Section 3 Model Ordinance Text The Model Ordinance text is copied below for reference. Footnotes may have been added to the model ordinance text in this User Guide to provide supporting information. Refer to User Guide Chapter 1.3 for information on the difference between bold text and non -bold text. The following definitions shall apply for the purposes of this ordinance, notwithstanding other definitions in the city's development regulations:16 Administrative design review" means a development permit process whereby an application is reviewed, approved, or denied by the planning director or the planning director's designee based solely on objective design and development standards without a public predecision hearing, unless such review is otherwise required by state or federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards to consider, recommend, or approve requests for variances from locally established design review standards. "All lots zoned predominantly for residential use" means all zoning districts in which residential dwellings are the predominant use. This excludes lands zoned primarily for commercial, industrial, and/or public uses, even if those zones allow for the development of detached single-family residences. This also excludes lands zoned primarily for mixed uses, even if those zones allow for the development of detached single-family residences, if the zones permit by -right multifamily use and a variety of commercial uses, including but not limited to retail, services, eating and drinking establishments, entertainment, recreation, and office uses. "Cottage housing" means residential units on a lot with a common open space that either: (a) Is owned in common, or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space." "Courtyard apartments" means up to four attached dwelling units arranged on two or three sides of a yard or court. "18 "Development regulations" means any controls placed on development or land use activities by the city, including, but not limited to, zoning ordinances, official controls, subdivision ordinances, and binding site plan ordinances. "Duplex" means a residential building with two attached dwelling units. "Fiveplex"means a residential building with five attached dwelling units. Tourplex" means a residential building with four attached dwelling units. 16 RCW 36.70A.030 17 See design standards for cottage housing in Section 2.8 of the Model Ordinances. 18 See design standards for courtyard apartments in Section 2.8 of the Model Ordinances. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 20 V3.1 I Packet Pg. 81 3.d "Major transit stop" means a stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW, commuter rail stops, stops on rail or fixed guideway systems, and stops on bus rapid transit routes.11 W� "Middle housing" means buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing. "Single-family zones" means those zones where single-family detached residences are the predominant land use. "Sixplex"means a residential building with six attached dwelling units. "Stacked flat" means dwelling units in a residential building of no more than three stories on a residential zoned lot in which each floor may be separately rented or owned. "Tier 1 city" means a city with a population of at least 75,000 based on 2020 Office of Financial Management population estimates. "Tier 2 city" means a city with a population of at least 25,000 but less than 75,000 based on 2020 Office of Financial Management population estimates. "Tier 3 city" means a city with a population of less than 25,000, that is within a contiguous urban growth area with the largest city in a county with a population of more than 275,000, based on 2020 Office of Financial Management population estimates. "Triplex" means a residential building with three attached dwelling units. "Townhouses" means buildings that contain three or more attached single-family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides.20 "Unit density" means the number of dwelling units allowed on a lot, regardless of lot size.21 Discussion All Lots Zoned Predominantly for Residential Use RCW 36.70A.635(1) applies the middle housing unit per lot standards to "all lots zoned predominantly for residential use". The Model Ordinance recommends a definition of this phrase to help cities determine where the Model Ordinance should apply." 19 See User Guide Section 3.2 for more information on major transit stops. 20 A "yard" refers to any type of open space on the lot adjacent to a building and does not refer to regulated setbacks. A "public way" refers to any public or private street, alleys, pathways, or similar feature which the public has a right of use. 21 The User Guide may also refer to unit density as "unit per lot." 22 The phrase "lots in the city that are primarily dedicated to single-family detached housing units" is also used in RCW 36.70A.635(4)(a) when discussing the alternative to density requirements. The phrase is not defined in the GMA or in the Model Ordinance. Additional guidance on this phrase, however, may be found in Chapter 6.1 as it relates to the alternative density option. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 82 3.d RCW 36.70A.635(1) does not specify whether it is intended to apply unit per lot requirements to lots created in the future. However, the plain language of the word "all" implies the whole amount of lots are subject to RCW 36.70A.635(1), which includes all lots that currently exist and all lots created in the future. See User Guide Chapter 2.5 for information on multifamily zones which may be excluded from this definition in certain circumstances. Unit Density Unit density is defined to refer to the number of units on a lot. RCW 36.70A.635 (5) does state that cities "may" allow accessory dwelling units to achieve the unit density requirements of RCW 367.70A.635(1). Cities choosing to count accessory dwelling units as part of "unit density' and adopting the term "unit density" in local code should consider a definition that makes reference to accessory dwelling units. See more information in User Guide Chapter 4.1. Middle Housing Building Types Only four the nine middle housing building types are defined in statute. Cities should define duplex, triplex, fourplex, fiveplex and sixplex. The following examples illustrate the need for cities to carefully consider how their "plex" definitions are written: A three-story stacked flat building (with one unit per floor) could also be considered a triplex. A four -unit courtyard apartment building could be considered a fourplex building. A townhouse -style building with six units on a single lot (as opposed to each townhome being on its own lot) could also be considered a sixplex. While some overlap in definitions is reasonable as long as the effect of state law is met, distinctions are helpful for applicants and city staff. Cities need to consider how different middle housing types are treated to comply with RCW 36.70A.635(5), which requires, in part, that "A city must allow at least six of the nine types of middle housing to achieve the unit density required." A city's code should specifically identify which of the six types of middle housing (or more than six if a city chooses to allow more than six) is permitted. Clear definitions of those middle housing types that are permitted by the city is also necessary for applicable design standards. For example, a four -unit courtyard apartment building requires a court or yard, but a fourplex building does not. However, while different middle housing types may allow the same number of units, the four middle housing types that are defined in statute (RCW 36.70A.030) have distinguishing building form characteristics. Cities should consider these definitions, as defined in statute. For example: Cottage housing requires common open space, and open space that is a minimum of 20 percent of the lot size (RCW 36.70A.030(9)). Although the "Cottage housing" definition could be read such that the 20 percent open space requirement only applies to condominium units with property owned in common, this User Guide recommends the same 20 percent apply to all cottage housing development. From a land use standpoint, the form of ownership should not determine the open space percentage for the residents. Courtyard apartments have a yard or court surrounded on two or three sides by dwelling units. They are a maximum of four units for the purpose of meeting the requirements of RCW 36.70A.635 (RCW 36.70A.030(10)). Some cities define or promote courtyard apartments already; such buildings designed with fully -enclosed courtyards or more than four dwelling units could be classified as another middle housing type such as a sixplex or a larger multifamily use. Townhouses are a minimum of three units and are "...attached single-family dwelling units..." (RCW 36.70A.030(41)). Some cities allow townhouse buildings to be a minimum of two units. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 22 V3.1 I Packet Pg. 83 3.d Stacked flats have each floor separately owned or rented (RCW 36.70A.030(40)). Because the definition limits stacked flat buildings to "three floors" such buildings can only have two or three units. Major Transit Stop See discussion of major transit stops, including future major transit stops not yet in operation, in Chapter 3.2. Also note that the definition of a "Major transit stop" for accessory dwelling units, under RCW 36.70A.696(8), is different definition of than the general definition of "Major transit stop" in HB 1110 (RCW 36.70A.030(26). Multifamily The provisions of RCW 36.70A.635 control for middle housing regardless of the local definition of "multifamily". For example, consider a Tier 1 city that currently defines "multifamily" as three or more units. Zone A is zoned predominantly for residential use, and in the zone detached single-family residences are permitted and multifamily is prohibited. Middle housing with three or four units cannot be prohibited in Zone A. In another example, consider a city that defines "multifamily" as three or more units and which requires multifamily uses in Zone B to include a minimum landscaped area but does not have the same requirement for detached single-family residential uses in Zone B. Any middle housing uses with three or more units in Zone B meeting the definitions in RCW 36.70A.030 and the Model Ordinance are not subject to the minimum landscaped area requirements because middle housing cannot be treated more restrictively than detached single-family uses in the same zone. References • "A Planners Dictionary", American Planning Association • Growth Management Act definitions — RCW 36.70A.030 JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 84 3.d 2.4 — Applicability Section 4 Model Ordinance Text The Model Ordinance text is copied below for reference. Footnotes may have been added to the model ordinance text in this User Guide to provide supporting information. Refer to User Guide Chapter 1.3 for information on the difference between bold text and non -bold text. A. The provisions of this ordinance shall apply to all lots zoned predominantly for residential use.23 B. The provisions of this ordinance do not apply to:"' 1. Lots designated with critical areas designated under RCW 36.70A.170 or their buffers as required by RCW 36.70A.170.25 2. A watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23, 2023, as impaired or threatened under section 303(d) of the federal clean water act (33 U.S.C. Sec. 1313(d)).26 3. Lots that have been designated urban separators by countywide planning policies as of July 23, 2023. Local Policy Choice Applicable Zones The list of zoning districts applicable to RCW 36.70A.635 will be based on the local jurisdiction's evaluation of which zoning districts fall under the term "all lots zoned predominantly for residential use." The Model Ordinance definition recommends that this include single-family and multifamily zones in which residences are the predominant use. However, the unit density and allowed use standards in Model Ordinance Section 5 and 6 do not apply to zoning districts "permitting higher densities or intensities", than the densities prescribed in RCW 36.70A.635. Middle housing can reach surprisingly high densities. For example, on a 5,000 square foot lot, two units are Cities should not assume existing multifamily zones are exempt from RCW 36.70A.635. Source: MAKERS 23 Because the Model Ordinances apply automatically to cities which do not meet the compliance deadline for RCW 36.70A.635, the Model Ordinances do not include a placeholder for a city to list applicable city zoning districts subject to RCW 36.70A.635(1). Each city will need to work within the framework and structure of its own zoning code to identify which zoning districts are characterized by "lots zoned predominantly for residential use". Cities have the option to list the specific zone names in ordinances adopting local regulations which implement RCW 36.70A.635. See more information under Local Policy Choice. 24 RCW 36.70A.635(8) 25 RCW 36.70A.170 26 More information on impaired and threatened watersheds can be found through the Department of Ecology: https://ecology.wa.gov/Water-Shorelines/Water-quality/Water-improvement/Assessment-of-state-waters-303d JANUARY 26, 20241 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 85 3.d approximately 18 units per acre, and four units are approximately 35 units per acre. Cities should not assume existing multifamily zones are exempt from RCW 36.70A.635, and should evaluate the densities that middle housing can achieve under applicable minimum lot sizes and other zoning standards. Where a city has established a "true" multifamily zone that is intended for high -densities and multifamily use, cities can consider setting a minimum unit density or unit per acre that is higher than can be achieved by middle housing while still a complying with RCW 36.70A.635(5).27 Mixed -use zones which permit by -right multifamily and a variety of a commercial uses are not subject to RCW 36.70A.635.28 0 Alternative Compliance Cities may implement an alternative density requirement option in RCW 36.70A.635(4) that applies the standards of RCW 36.70A.635(1) to a different set of lots than "all lots zoned predominantly for residential use". The alternative to density requirements in RCW 36.70A.635(4)(a) applies to "lots in the city that are primarily dedicated to single-family detached housing units", and contain specific requirements that must be met. Another available alternative action is based on addressing requirements and findings showing that the city's adopted comprehensive plan and development regulations are "substantially similar" to the requirements of RCW 36.70A.635 (see RCW 36.70A.636(3)). This approach requires Department of Commerce approval. For more information about these alternatives, see Chapter 6.0. Critical Areas RCW 36.70A.635(8)(a) provides that if any portion of a lot has a designated critical area, or any portion of a lot has a buffer associated with a designated critical area, then the requirements of RCW 36.70A.635 do not apply to the entire lot. Critical areas are defined by the GMA as the following areas and ecosystems: • Wetlands • Areas with a critical recharging effect on aquifers used for potable water • Fish and wildlife habitat conservation areas (this does not include such artificial features as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches) • Frequently flooded areas • Geologically hazardous areas As an alternative, cities are encouraged to apply critical area regulations to middle housing in the same manner such regulations are applied to detached single-family residences. This is because RCW 36.70A.635(8)(a) could substantially reduce housing capacity by restricting development on lots where a middle housing development could otherwise meet critical area code requirements. Treating middle housing the same as detached single-family residences may also provide an opportunity to better implement the 27 In this option the minimum density standard will vary according to the minimum and actual lot sizes in a zone and the local development patterns. For example, in a Tier 2 city zone with 5,000 square foot lots where four units per lot are allowed, a minimum density standard at or above 35 units per acre would permit higher densities or intensities than required by RCW 36.70A.635. In a Tier 1 city zone with 5,000 square foot lots where six units per lot are allowed, a minimum density standard at or above 53 units per acre would permit higher densities or intensities than required by RCW 36.70A.635. 28 Mixed -use multifamily zones are not subject to RCW 36.70A.635 per the definition of "all lots zoned predominantly for residential use." Cities are encouraged to provide multifamily zones which are mixed -use with a variety of allowed non-residential commercial uses, including but not limited to retail, services, eating and drinking establishments, entertainment, recreation, and office uses. This can help provide jobs, shopping, and services in close proximity to more homes and people and help cities achieve any policy objectives related to climate change, environment, equity, affordable housing, transportation, and economic development. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 25 V3.1 I Packet Pg. 86 3.d Housing Element requirements to make adequate provisions for existing and projected needs of all economic segments of the community. In other words, cities have the option to not adopt Model Ordinance Section 4, subsection (13)(1). Cities choosing not to adopt subsection (13)(1) must still include lots designated with critical areas or their buffers in the 25 percent of lots where unit per lot requirements are not implemented, if the "Alternative to Density Requirements" (RCW 36.70A.635(4)) approach is used. For more information see User Guide Chapter 6.1. Regardless of a jurisdiction's approach to middle housing and critical areas, jurisdictions should plan for natural hazards and open space preservation. See Chapter 4.4 for more information. Impaired or Threatened Watersheds Per the RCW, the relevant watersheds are those serving a reservoir for potable (domestic) water. The geographic eligibility for this exemption may be very limited. There is no statewide database on potable water reservoirs, so cities need to consult local information to determine if this exemption applies in their jurisdiction. Watersheds are not categorized as impaired or threatened under section 303(d) of the Federal Clean Water Act, but individual water body segments may be listed as impaired. Impaired water body segments are identified as category 4 or 5 on the Water Quality Atlas maintained by the Department of Ecology (the department does not use the term "threatened"). Therefore, cities can reasonably interpret the RCW to be referring to watersheds which contain an impaired water body segment. Cities should not adopt this provision if a watershed meeting the criteria identified in 36.70A.635(8)(c) does not exist within the city limits. Note that new development allowed by middle housing regulations has the potential to reduce impacts on watersheds by incorporating current stormwater best management practices on -site and contributing to utility improvements. For related information, cities can also review the Washington State Water Quality Assessment database and filter for Category 4 and 5 water body segments. The most directly applicable use designation is "water supply — domestic water." There are a limited number of impaired water body segments used for domestic water and their watersheds are not applicable to the exemption if the watershed does not serve a potable water reservoir. Other water use designations may be of interest to cities for planning purposes depending on the local context Urban Separators Some counties designate lands as "urban separators" under their countywide planning policies (CPP's). These also serve as "open space corridors", described by RCW 36.70A.160. These are corridors of land on the periphery of incorporated areas that provide visual breaks in the landscape and link open spaces between municipalities and rural areas, and typically have very low permitted residential densities. The King County CPP's use this concept. Cities should not adopt this provision if an urban separator(s) meeting the criteria identified in RCW 36.70A.635(8)(c) does not exist within the city limits. References • Washington State Department of Commerce - Critical Areas Handbook • Washington State Department of Ecology — Water Quality Assessment and 303(d) List (landing page) JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 87 3.d • Washington State Department of Ecology - Washington State Water Quality Assessment29 (searchable database) • Washington State Department of Ecology - Water Quality Atlas30 (interactive GIS map) • Washington State Department of Ecology - Water Quality Program Policy 1-11 (more information on water quality categories) • United States Geological Survey - Watershed Boundary Dataset and Access National Hydrography a Products o • King County - Urban Separators under King County Countywide Planning Policies (GIS data) 29 Note that assessments are done every few years; as of this writing, anything listed with a date of 2018 and before is considered applicable. Any water body segments listed as only 2022 (the next assessment to be approved) will be listed after the July 23, 2023, date. 30 Filtering by "305(b) report — includes 303(d) list" will show all categories and the resulting map can be filtered to display only categories 4 and 5. Click "add/remove map data" to add 8-, 10-, or 12-digit hydrologic unit codes (HUC); the larger the HUC, the smaller the watershed scale. 16-digit HUC codes are not available on this map. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 88 3.d 2.5 - Unit Density and Affordable Housing The Model Ordinances define "unit density" as the number of dwelling units allowed on a lot, regardless of lot size. HB 1110 requires that applicable cities regulate density in applicable residential zones in a way that has not commonly been done in the past. Section 5 of the Model Ordinances identifies specific unit per lot density requirements for each city tier and includes affordable housing provisions that apply to Tier 1 and 2 cities. Section 5 Model Ordinance Text The Model Ordinance text is copied below for reference. Footnotes may have been added to the model ordinance text in this User Guide to provide supporting information. Refer to User Guide Chapter 1.3 for information on the difference between bold text and non -bold text. Tier 3 Cities A. The permitted unit density on all lots zoned predominantly for residential use is two units per lot, unless zoning permitting higher densities or intensities applies.31,32 B. The standard of subsection (A) does not apply to lots after subdivision below 1,000 square feet unless the city has a smaller allowable lot size in the zone.33 Tier 1 Cities A. The permitted unit density on all lots zoned predominantly for residential use is:31,35 1. Four units per lot, unless zoning permitting higher densities or intensities applies. 2. Six units per lot on all lots within one -quarter mile walking distance of a major transit stop, unless zoning permitting higher densities or intensities applies. 3. Six units per lot if at least two units on the lot are affordable housing meeting the requirements of subsections (C) through (H) below, unless zoning permitting higher densities or intensities applies.36 B. The standards of subsections (A) do not apply to lots after subdivision below 1,000 square feet unless the city has enacted an allowable lot size below 1,000 square feet in the zone.37 31 RCW 36.70A.635(1)(c) uses the phrase "at least" when describing these densities, so cities should treat these as floors for maximum unit density. Cities can allow higher densities. 32 Because middle housing can reach considerable densities (two units on a 5,000 square feet lot is approximately 18 units per acre) cities should not assume existing multifamily zones necessarily permit "higher densities or intensities." See further information in User Guide Chapter 2.4. 33 RCW 36.70A.635(6)(g) 34 RCW 36.70A.635(1)(b). RCW 36.70A.635(1) uses the phrase "at least" when describing these densities, so cities should treat these as floors for maximum unit density. Cities can allow higher densities. 35 Because middle housing can reach high densities (four units on a 5,000 square feet lot is approximately 35 units per acre) cities should not assume existing multifamily zones necessarily permit "higher densities or intensities." See further information in User Guide Chapter 2.4. 36 The affordable housing increase is not required to be available within one -quarter mile walking distance of a major transit stop unless a city chooses to do so. See the "combined housing unit increase" described under Local Policy Choice. 37 RCW 36.70A.635(6)(g) JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 28 V3.1 I Packet Pg. 89 3.d Tier 2 Cities A. The permitted unit density on all lots zoned predominantly for residential use is:"," 1. Two units per lot, unless zoning permitting higher densities or intensities applies. 2. Four units per lot on all lots within one -quarter mile walking distance of a major transit stop, unless zoning permitting higher densities or intensities applies. 3. Four units per lot if at least one unit on the lot is affordable housing meeting the requirements of subsections (C) through (H) below, unless zoning permitting higher densities or intensities applies." B. The standards of subsections (A) do not apply to lots after subdivision below 1,000 square feet unless the city has enacted an allowable lot size below 1,000 square feet in the zone. 41 Tier 1 and 2 Cities42 C. To qualify for additional units under the affordable housing provisions of Section 5(A), an applicant shall commit to renting or selling the required number of units as affordable housing and meeting the standards of subsections (D) through (H) below.43 D. Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income does not exceed the following percentages of 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: 44, 45, 46 1. Rental housing: 60 percent. 2. Owner -occupied housing: 80 percent.41 E. The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy that commitment and all required affordability and income eligibility conditions. 38 RCW 36.70A.635(1)(a). RCW 36.70A.635(1) uses the phrase "at least" when describing these densities, so cities should treat these as floors for maximum unit density. Cities can allow higher densities. 39 Because middle housing can reach high densities (four units on a 5,000 square feet lot is approximately 35 units per acre) cities should not assume existing multifamily zones necessarily permit "higher densities or intensities." See further information in User Guide Chapter 2.4. 40 The affordable housing increase is not required to be available within one -quarter mile walking distance of a major transit stop unless a city chooses to do so. See the "combined housing unit increase" described under Local Policy Choice. 41 RCW 36.70A.635(6)(g) 42 The affordable housing provisions are not required to be adopted by Tier 3 cities. 43 RCW 36.70A.635(2) 44 Maximum monthly housing costs, with a housing cost burden of 30%, should be defined to be consistent with household gross income and adjusted income calculations for eligibility of affordable housing programs by HUD. 45 "Income Limits." United States Census. https://www.huduser.gov/portal/datasets/il.html 46 RCW 36.70A.030 47 See User Guide Chapter 5.0 for information on administering affordable homeownership programs. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 90 F 3.d The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership of units subject to these affordability requirements consistent with the conditions in chapter 84.14 RCW for a period of no less than 50 years.48 G. The covenant or deed restriction shall address criteria and policies to maintain public benefit if the property is converted to a use other than that which continues to provide for permanently affordable housing. H. The units dedicated as affordable housing shall: 1. Be provided in a range of sizes comparable to other units in the development. 2. The number of bedrooms in affordable units shall be in the same proportion as the number of bedrooms in units within the entire development. 3. Generally, be distributed throughout the development and have substantially the same functionality as the other units in the development. Local Policy Choice One -Half Mile Walking Distance to Major Transit Stops In Model Ordinance Section 6, subsection (B), Tier 1 and 2 cities are encouraged to replace "one -quarter mile" with "one-half mile" for where the higher density requirement in proximity to transit applies. This recommendation aligns with the required one-half mile walking distance standard for the elimination of off- street parking requirements in Model Ordinance Section 7 and increases housing capacity. See Chapter 3.2 for guidance on how walking distance is measured. Cities should also consider going beyond these requirements near major transit stops and permitting transit - oriented densities, multifamily housing, and a variety of non-residential uses. Combined Housing Unit Increase Unless zoning permits higher lot densities or intensities, Tier 1 cities must allow at least six units and Tier 2 cities must allow at least four units on lots zoned predominantly for residential use within one -quarter mile walking distance of major transit stops. Tier 1 cities must separately allow at least six units, and Tier 2 cities at least four units per lot, when affordable housing units meeting the provisions of RCW 36.70A.635(2) are provided in any location outside of a one -quarter mile walking distance of major transit stops. Tier 1 and 2 cities may also consider combining the allowed unit density increases to increase housing capacity and affordable housing near major transit stops. This has the benefit of improving access to transit to lower -income households. The effect of using this option is: • In a Tier 1 city, a lot located within one -quarter mile (or half -mile, as encouraged above) walking distance of a major transit stop and which has at least two affordable units would be permitted a minimum of eight units on the lot. 48 Refer to for the Department of Commerce website for guidance on covenant and deed restrictions related to chapter 84.14 RCW (see "21-23 Work Products and Updates"). https://www.commerce.wa.gov/serving-communities/growth-management/growth- management-topics/planning-for-housing/multi-family-housing-property-tax-exemption-program/ JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 30 V3.1 I Packet Pg. 91 3.d In a Tier 2 city, a lot located within one -quarter mile (or half -mile, as encouraged above) walking distance of a major transit stop and which has at least one affordable unit would be permitted a minimum of six units on the lot. P Cities are encouraged to consider going beyond the requirements of RCW 36.70A.635 near major transit stops and permitting transit -oriented densities, multifamily housing, and a variety of non-residential uses. Alternative Affordability Requirements or Incentives RCW 36.70A.635(2)(c) and (3) allow cities to adopt alternate affordability program terms for middle housing development. However, adoption of alternate program terms does not mean that the affordability bonus of RCW 36.70A.635(1) may be altered or replaced. See the discussion of affordable housing in Chapter 5.0. Zoning Permitting Higher Densities or Intensities The affordable housing requirement for Tier 1 and 2 cities includes the statement, "...unless zoning permitting higher densities or intensities applies..." 49 This means that if a Tier 1 city's zoning permits a greater number of units than the minimum four units per lot required by RCW 36.70A.635(1)(b)(i), and a Tier 2 city's zoning permits a greater number of units than the minimum two units per lot required by RCW 36.70A.635(1)(a)(i), then a city may choose not to apply the affordable housing requirement. In other words, a Tier 1 or Tier 2 city subject to RCW 36.70A.635 does not have to require affordable housing units on lots predominantly zoned for residential use in a zone, but only when: A Tier 1 city permits a base unit density of at least five units per lot in the zone. A Tier 2 city permits a base unit density of at least three units per lot in the zone: However, to plan for and accommodate housing for all income levels, cities choosing this option should consider of other ways to increase the supply of affordable housing. Cities with higher density/intensity limits for a zone may still require affordable units in middle housing developments under RCW 36.70A.540. Providing an affordable housing incentive to achieve higher densities could also assist cities in meeting new Growth Management Act (GMA) Housing Element requirements. This includes identification of the number of housing units necessary to plan for projected growth by income band (RCW 36.70A.070(2)). See the discussion of affordable housing in Chapter 5.0 of this User Guide. Cottage Housing Density Bonus A unit density bonus is often needed for cottage housing to be financially viable because cottages are required to be smaller than the regular detached single-family residences being built by the market. Cities should review their existing cottage housing regulations, and if applicable apply a cottage housing density bonus. A two -for - one bonus is common in Washington cities, with some cities going lower or higher. See also the design standards for cottage housing in Section 8 of the Model Ordinance. 49 Because middle housing can reach high densities (four units on a 5,000 square feet lot is approximately 35 units per acre) cities should not assume existing multifamily zones necessarily permit "higher densities or intensities." See more information in User Guide Chapter 2.4. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 31 V3.1 I Packet Pg. 92 3.d Discussion Code Format As different cities' development regulations take on different formats to identify allowed uses and number of units (i.e., itemized list, tables), the specific code amendment format will vary. Existing maximum density limits which conflict with the provisions of RCW 36.70A.635 are invalidated in the model ordinance. Accessible Housing Since 1991 the Fair Housing Act (FHA) has required that certain dwellings be readily accessible and usable by people with disabilities. In buildings with four or more units and without elevators the ground floor dwelling units must be accessible. Townhouse units are generally exempted unless they are part of larger building with an elevator.so Stairs are an impediment to people with some physical disabilities and can prevent full use of a home or create a personal injury hazard.51 This often includes seniors, who are an increasing share of the population. Cities should consider the opportunity to increase the supply of accessible housing by allowing buildings with at least four units and single -level ground -floor units in more locations. For example, when choosing the six of nine types required (see User Guide Chapter 2.6), fourplexes and courtyard apartments may provide more opportunities for accessible housing than stacked flats and townhouses. However, the provision of accessible housing should not be viewed competitively. A general benefit of permitting a variety of middle housing and meeting the requirements of RCW 36.70A.635 is providing more choice of housing for people at all stages of life and at different points on the spectrum of physical mobility. Providing additional zoned capacity for multi -story, elevator -served multifamily housing is another way for cities to encourage accessible housing options. Compatibility and Scale of Middle Housing The statute language focuses on two to six dwelling unit middle housing types that are defined as being compatible with the form, scale, and character of single-family dwellings However, middle housing is often considered in the planning and development industries to also include small apartments, multiplexes, and courtyard apartments with up to 20 dwelling units. Cities implementing HB 1110 will begin to move away from single -family -home -only neighborhoods to single-family homes being one of many housing types in residential neighborhoods. FM Single-family home and duplex. Source. MAKERS Research from the University of California Berkeley's Terner Center for Housing Innovation suggests middle housing projects with eight to twelve dwelling units is the ideal project size to best achieve economies of scale in housing production. As cities prepare to amend development regulations to comply with RCW 36.70A.635, they may consider allowing denser middle housing developments, especially in areas near transit, commercial 50 "Multistory Townhouses and Accessibility: When does the FHA apply?" MAP Strategies. https://ma- strategies.com/ideas/multistory-townhouses-and-accessibility-when-does-the-fha-apply 51 "Our Bans on Stacked Homes Are Bans on Age -Ready Homes." Sightline. https://www.siahtline.org/2019/05/15/our-bans-on- stacked-homes-are-bans-on-age-ready-homes/ JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 93 3.d services and job centers, and other amenities. Cities interested in denser middle housing projects should also review Senate Bill 5491 regarding single -stair multifamily structures. References • Department of Commerce - Middle housing building types • Department of Commerce - Racially Disparate Impacts Guidance (pages 37 & 50 - 53) • United States Census - Income Limits • University of California Berkely Terner Center - Housing Innovation Brief. 2022 (page 9) • Local, regional, and national trends showing the decline in two -to -nine -unit projects over the last 20 years (Urban Institute. 2023, pg. 51; Eye on Housing, 2017 & 2021). JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 33 V3.1 I Packet Pg. 94 3.d 2.6 — Middle Housing Types Section 6 Model Ordinance Text The Model Ordinance text is copied below for reference. Footnotes may have been added to the model ordinance text in this User Guide to provide supporting information. Refer to User Guide Chapter 1.3 for information on the difference between bold text and non -bold text. Subject to the requirements of RCW 36.70A.635(5), on all lots zoned predominantly for residential use the following uses are permitted by -right, unless zoning permitting higher densities or intensities than those listed in Section 5 of this ordinance applies:52 A. Duplexes. B. Triplexes. C. Fourplexes. D. Fiveplexes. E. Sixplexes. F. Townhouses. G. Stacked flats. H. Courtyard apartments. I. Cottage housing. Local Policy Choice For jurisdictions that do not meet the statutory deadline for compliance with RCW 36.70A.635, all nine types of middle housing are permitted by -right in the Model Ordinance on all lots zoned predominantly for residential use until such time the city takes all actions necessary to implement RCW 36.70A.635. The purpose of this in the Model Ordinance is not to pre -judge which six middle housing types should be allowed if the Model Ordinance goes into effect for a jurisdiction that has not met its statutory deadline for adopting middle housing regulations. For cities adopting middle housing regulations, whether prior to or after the statutory deadline, consider the following: 52 RCW 36.70A.635(5) JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 95 3.d Tier 1 Cities In each zone where lots are zoned predominantly for residential use, amend allowed use standards to permit at least six of the nine middle housing types within the definition of "Middle Housing" per RCW 36.70A.635(5). While six is the minimum, jurisdictions may include more to provide more flexibility for the development of middle housing types. Tier 2 Cities In each zone where lots are zoned predominantly for residential use, amend allowed use standards to permit at least six of the nine middle housing types within the definition of "Middle Housing" per RCW 36.70A.635(5). Where only two units per lot are allowed, cities may apply a supplemental standard, footnote, or other notation stating that middle housing building types which contain more than two dwelling units (e.g., triplexes, townhouses, or fourplexes) are allowed only where transit or affordable housing bonuses apply. Tier 3 Cities Tier 3 cities must allow two units per lot (RCW 36.70A.635(1)(c)). In each zone where lots are zoned predominantly for residential use, Tier 3 cities should amend allowed use standards to permit at least the four of the nine middle housing types within the definition of "Middle Housing" that allow for two units per lot. These are duplexes, stacked flats, cottage housing, and courtyard apartments. This guidance follows that portion of RCW 36.70A.635(5) which states cities are only required to allow as many middle housing types as needed to meet the unit density requirement. However, this guidance recommends that cities consult with their city attorney on this approach given the requirement, also in RCW 36.70A.635(5), that cities allow at least six of nine middle housing to achieve the unit density requirements. Tier 3 cities are encouraged to provide a variety of housing choices and may consider allowing more than two units per lot to achieve the six building type minimum, such as triplexes and fourplexes. Housing Uses Allowed By -Right RCW 36.70A.600(1) encourages cities to 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, townhouses, multifamily housing, low-income housing, and senior housing, but excluding essential public facilities. Zoning Permitting Higher Densities or Intensities Similar to the option cities have to allow higher unit density requirements, as noted under Section 5 of the Model Ordinance, the requirement to allow at least six types of middle housing also does not apply to where zoning permitting higher densities or intensities applies. RCW 36.70A.635(5) states in part, "...[a] city must allow at least six of the nine types of middle housing to achieve the unit density required in subsection (1) of this section", and in RCW 36.70A.635(1), the unit density standards do not apply where "zoning permitting higher densities or intensities applies." Therefore, the six -of - nine types requirement does not apply in zones where higher densities or intensities applies. Because middle housing can reach high densities (four units on a 5,000 square feet lot is approximately 35 units per acre) cities should not assume existing multifamily zones necessarily permit "higher densities or intensities". Multiple Detached Single -Family Residences on a Lot Cities have the option to allow multiple detached single-family residences on a lot to take advantage of unit density requirements. For example, a lot with a unit density of four could either have a fourplex building, two JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 35 V3.1 I Packet Pg. 96 3.d duplex buildings, four cottage housing buildings, or four detached single-family residences, if zoning allows multiple detached single family dwellings on a lot. Therefore, cities desiring the flexibility of this option would need to clarify that multiple detached single-family residences are a permitted use. This option is similar to cottages in that the units are detached, but they wouldn't come with special size restrictions and design requirements. Special considerations for this option: s • Allowing multiple detached single-family residences per lot significantly increases the flexibility of residential zoning and increases the options available to preserve existing one -unit houses when adding new housing to a lot.53 • Detached housing is typically more expensive and requires more land area than middle housing. • Design elements such as vehicular access, parking, garages, minimum building separation, minimum usable open space, among other site layout issues. • Multiple detached single-family residences on a lot does not require a subdivision. Such units can be condominiums or owned in common and rented. Discussion Number of Middle Housing Types To address housing need by promoting a variety of residential densities and housing types, jurisdictions are encouraged to permit more than six middle housing types. Note that accessory dwelling units are not one of the nine types of middle housing building types per the definition of middle housing, (RCW 36.70A.030(26)) but may be counted towards achieving the unit density in RCW 36.70A.635(1). _9ft hM_ Examples of the nine middle housing types. Source: MAKERS 53 "Backyard Homes Are Great For Owners of Small Homes." Sightline Institute, 2022. https://www.sightline.org/2022/01/05/backyard- homes-are-great-for-owners-of-smal I -homes/ JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 Packet Pg. 97 3.d Location Restrictions Cities should review their codes for supplemental use standards related to spacing, distribution, buffering, and similar location restrictions for middle housing. Such standards are not permitted if they create a greater restriction on the permitted location of middle housing compared to detached single-family residences in the same zone. For example, a requirement for duplexes to not be on adjacent lots or a requirement for duplexes to be separated by 500 feet is not allowed where no such standards exist for detached single-family residences in the same zone. Code Format As different cities' development regulations take on different formats to identify allowed uses (i.e., itemized list, use tables), the specific code amendment format will vary. References • Middle housing images (Commerce; Sightline Institute) • Department of Commerce - Middle housing informational posters • Department of Commerce - Middle housing building types and block models JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 98 3.d 2.7 - Dimensional Standards The model ordinances include both minimum HB 1110 requirements and recommend standards to make middle housing compatible with the scale, form and character of detached single family dwellings. Notable provisions integrated into the model codes: HB 1110 requires that dimensional standards for middle housing be no more restrictive than those standards applying to detached single-family residences. The model ordinances invalidate existing dimensional standards that are seen as incompatible with middle housing. Examples include specific thresholds for units per structure, maximum building height, minimum setbacks, maximum lot coverage, and maximum floor area ratio. Lastly, the model ordinance dimensional standards for Tier 1 and 2 Cities intentionally differs from Tier 3 standards. These differences reflect the potential for a greater number of units per lot for Tier 1 and 2 Cities versus Tier 3 Cities, and the differing levels of staffing and code complexity that might differ between Tier 1 and 2 Cities versus Tier 3 Cities. Section 7 Model Ordinance Text The Model Ordinance text is copied below for reference. Footnotes may have been added to the model ordinance text in this User Guide to provide supporting information. Refer to User Guide Chapter 1.3 for information on the difference between bold text and non -bold text. Tier 1, 2, and 3 Cities A. Applicability. 1. The city shall not require through development regulations any standards for middle housing that are more restrictive than those required for detached single-family residences, but may apply any objective development regulations that are required for detached single-family residences. This includes, but is not limited to, the following types of dimensional standards: building height, setbacks, lot coverage, floor area ratio, lot area and lot dimension, impervious surface, open space, and landscaped area standards. sa 2. Dimensional standards invalidated by this section are replaced by the dimensional standards provided in this section. B. Density. Lot area requirements and unit density shall comply with Section 5 of this ordinance. Other restrictions, such as minimum lot area per unit, or maximum number of housing units per acre, are invalid in relationship to the minimum number of units per lot that the City must allow under RCW 36.70A. 635. 55,56 C. Units per structure. Minimum and maximum numbers of dwelling units per structure for middle housing are invalid, except as provided by the definitions of middle housing types in Section 2 of this ordinance. 54 RCW 36.70A.635(6)(b) refers to setbacks and lot coverage as examples of development regulation dimensional standards. For clarity on this provision, additional examples of dimensional standards are added in the Model Ordinance. 55 For more discussion on density measurements, see User Guide Chapter 4.3. 56 Cities may set higher units per lot or minimum units per acre standards than prescribed in RCW 36.70A.635(1) where multifamily is the predominant residential use intended for a zone. See more information in User Guide Chapter 2.4. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 C: Packet Pg. 99 3.d D. Maximum building height: 35 feet. A maximum building height limit for middle housing of less than 35 feet is invalid.57 1. Building height shall be measured in accordance with the city's development regulations. 2. Rooftop appurtenances shall be regulated and measured in accordance with the city's development regulations. Tier 1 and 2 Cities E. Minimum setbacks. 1. The minimum required setbacks are as follows. Minimum setbacks from property lines for middle housing buildings greater than the following are invalid: a. Street or front: 15 feet, except 10 feet for lots with a unit density of three or more. b. Street or front, garage door (where accessed from a street): 20 feet. c. Side street: Five feet. ss d. Side interior: Five feet, and zero feet for attached units internal to the development. e. Rear, without an alley: 15 feet, except 10 feet for lots with a unit density of three or more. f. Rear alley: Zero feet, and three feet for a garage door where it is accessed from the alley. 2. Setback projections. a. Covered porches and entries may project up to five feet into required front and rear setbacks b. Balconies and bay windows may project up to three feet into required front and rear setbacks. c. Required parking spaces may occupy required setbacks. d. Other setback projections shall be regulated and measured in accordance with the city's development regulations. F. Maximum lot coverage. 1. The maximum lot coverage for middle housing areas follows. Maximum lot coverage less than the following is invalid: a. For lots with a unit density of six: 55 percent. b. For lots with a unit density of four or five: 50 percent. c. For lots with a unit density of three or less: 45 percent. 57 See the Local Policy Choice section for an option cities may consider to incentivize pitched roofs. 58 The side street setback applies to corner lots. The "side street" is the street other than the street from which the lot fronts upon. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 Packet Pg. 100 3.d 2. Unless the city has a different pre-existing approach to measuring lot coverage, lot coverage is measured as follows: the total area of a lot covered by buildings or structures divided by the total amount of site area minus any required or planned dedication of public rights -of -way and/or designation of private rights -of -way, and does not include building overhangs such as roof eaves, bay windows, or balconies and does not include paved surfaces. G. Maximum floor area ratio (FAR). 1. Maximum FAR for middle housing is as follows. Maximum floor area ratio less than the following is invalid: 2. Unless the city has a different pre-existing approach to measuring FAR, FAR is measured as follows: the total interior floor area of buildings or structures on a site, excluding features listed in subsection (G)(3) below, divided by the total amount of site area minus any required or planned dedication of public rights - of -way and/or designation of private rights -of -way. For example, a maximum floor area ratio of 1.0 (1 to 1) means one square feet of floor area is allowed for every one square foot of site area. 3. Unless FAR is measured differently by the city's development regulations, the following are not included in the calculation of interior floor area: a. Cottage housing developments meeting the standards of Section 8 of this ordinance. b. Unoccupied accessory structures, up to a maximum equal to 250 square feet per middle housing unit c. Basements, as defined by the city's development regulations. d. Unenclosed spaces such as carports, porches, balconies, and rooftop decks. 59 0.6 FAR applies to a detached single-family residence. See further information in the Local Policy Choice section below. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 01 Packet Pg. 101 3.d Tier 3 Cities E. Minimum setbacks. The minimum required setbacks are as follows. Minimum building setbacks from property lines for middle housing buildings greater than the following are invalid: a. Street or front: 15 feet, except 10 feet for lots with a unit density of three or more. b. Street or front, garage door (where accessed from a street): 20 feet. c. Side street: Five feet.60 d. Side interior: Five feet, and zero feet for attached units internal to the development. e. Rear, without an alley: 20 feet. f. Rear alley: Zero feet, and three feet for a garage door where it is accessed from the alley. 2. Setback projections. a. Covered porches and entries may project up to five feet into required front and rear setbacks b. Balconies and bay windows may project up to three feet into required front and rear setbacks. c. Required parking spaces may occupy required setbacks. d. Other setback projections shall be regulated and measured in accordance with the city's development regulations. F. Maximum lot coverage. The maximum lot coverage for middle housing is 40 percent. A maximum lot coverage limit for middle housing of less than 40 percent is invalid. 2. Unless the city has a different pre-existing approach to measuring lot coverage, lot coverage is measured as follows: the total area of a lot covered by buildings or structures divided by the total amount of site area minus any required or planned dedication of public rights -of -way and/or designation of private rights -of -way. Lot coverage does not include building overhangs such as roof eaves, bay windows, or balconies and it does not include paved surfaces. 60 The side street setback applies to corner lots. The "side street" is the street other than the street from which the lot fronts upon JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 102 3.d Local Policy Choice Maximum Building Height The model code uses a 35 feet maximum building height to accommodate three stories. This is consistent with the definition used for stacked flats (RCW 36.70A.030(40)), which defines a stacked flat as being no more than three stories. If pitched roof forms are desired, some adjustments may be needed depending on how height is measured. For those cities where the height is measured to the top of the roofline rather than the mid- point, consider this language: #. The maximum height limit for middle housing is 40 feet where all roof forms above 35 feet have a minimum 3:12 roof pitch. Setbacks Cities may choose to adopt setbacks with consistent standards regardless of the middle housing type or unit density, or to offer flexibility to help incentivize middle housing development. In the Tier 1 and 2 Cities Model Ordinance, reduced setbacks for three or more units are intended to incentivize middle housing. Cities that want to simplify the code could adjust the front and rear setback standards under subsection (E) to be a consistent number regardless of unit density on the lot. Lower setbacks (e.g., 10 feet for Tier 1 and 2 cities) are recommended to provide flexibility for middle housing development. Cities might also consider a different set of setback standards that apply to new dwelling units placed within or towards the rear of the lot, provided they preserve some usable open space on the lot. This could be similar to many cities' approaches for detached accessory dwelling units (ADU's), where rear setbacks for primary structures might be 20 feet, but a detached ADU could be within five or 10 feet of a rear property line provided it meets other dimensional and design standards. Other types of incentives may be considered. For example, in some residential zones the city of Bothell allows a reduced front setback only if the rear setback is increased by the same amount to help preserve trees, provide space for rain gardens, etc. Note that even with zero -foot setbacks there may be other limitations to how close structures can be property lines. Cities may prohibit foundation footings and roof eaves from extending beyond a property line onto right- of-way or adjacent property, though some cities permit this with easements. Building codes and fire codes may also restrict how close separate structures can be to each other, depending on the fire-resistant qualities of each structure's design. Lot Coverage and Floor Area Ratio The Model Ordinance for Tier 1 and 2 Cities employs both lot coverage and floor area ratio (FAR) to balance the advantages of each standard. The Model Ordinance for Tier 3 Cities, which accommodates fewer units per lot, only employs lot coverage. Cities opting to craft their own middle housing dimensional standards will need to review their current zoning tools and thresholds Lot coverage is commonly used to manage building footprint and promote and open space. FAR is an increasingly common tool used to control building size. The table below identifies the basic advantages and disadvantages to using lot coverage and FAR. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 103 3.d . Relatively easy to understand and calculate Less effective than FAR in managing the Lot coverage • Can help ensure that there's some amount building massing on a lot because buildings of open space on the lot can go up to the maximum height limit for the full allowed lot coverage . More effective than lot coverage in Fewer cities currently regulate FAR, thus it's managing building massing on a lot Floor area ratio because it sets maximum floor area limits an additional layer of review and can be proportional to the lot size perceived as more complicated to calculate Lot Coverage Lot coverage limits the area of building footprint compared to site area, usually expressed as a maximum percentage. For example, a lot coverage of 40% means 40% of a lot's total area is covered by a building. To be meaningful the maximum permitted lot coverage needs to allow a smaller building footprint than relying on setbacks alone. The Model Ordinances establish lot coverage thresholds that are approximately 5-20 percent lower than would be allowed by setbacks alone. This balances an assurance for more open space on a lot while still allowing a large enough building footprint area to accommodate middle housing. The graphics below illustrate what 45 and 50 percent lot coverage look like on 40-foot by 100-foot lots. Hypothetical minimum setbacks (in green) are 10 feet, 5 feet, and 10 feet for the front, side, and rear, respectively. The unshaded areas of the lot (in white) show additional areas unrestricted by setbacks, but that exceed lot coverage limits. 50% Lot Coverage 45% Lot Coverage JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 104 3.d Floor Area Ratio Floor area ratio (FAR) compares the total floor area of the building to the site area (floor area = lot size = FAR), with the result represented as a decimal number (0.5 or 1.0, for instance). For example, a 4,000 square feet lot has its area multiplied by 1.0 FAR to arrive at a maximum floor area of 4,000 square feet allowed to be developed. The graphic below illustrates this example of two-story and three-story configurations FAR 1.0 C; The top diagrams illustrate what an FAR of 1.0 looks like in a variety of configurations. The bottom two diagrams show what 1.0 FAR may look like specifically on a 4,000 square foot lot in two- and three-story configurations. FAR is a popular tool for cities to manage building massing where middle housing is allowed because it limits building size without directly limiting unit count. However, many cities also do not use FAR. The FAR standards for Tier 1 and 2 Cities in Model Ordinance Section 7, subsection (G), are written to consider a typical lot size of 5,000 square feet and accommodating "family -sized" units with two to four bedrooms, which are the most common housing unit sizes in Washington.11,62 An analysis used an average middle housing unit size of 1,400 square feet.63 This size is roughly in the middle of Washington state's average 61 The FAR limits were tested on other lot sizes ranging from 4,000 square feet to 7,500 square feet. On smaller lots these limits could still allow two -bedroom units. On larger lots FAR standards become less of a limitation on average unit size because average unit size becomes larger than is what is likely to be built for middle housing under normal market conditions. 62 United States Census, Table DP04 ACS 2022 1-Year Estimates 63 Other average unit sizes were tested, ranging from 1,000 to 1,600 square feet. It was reasonable to test sizes larger than 1,000 square feet, which is the maximum gross floor area for accessory dwelling units that must be allowed under RCW 36.70A.681, and less than 1,600 square feet, which is the maximum size of individual cottage housing units established in Model Ordinance 3.OSection 8. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 105 3.d single-family homes (2,185 square feet64) and multifamily apartments (824 square feet 15). Resulting FAR numbers were rounded up or down resulting in potentially different unit size averages. Flexibility provided by the FAR standards in the Model Ordinance allow for middle housing to respond to the needs of not only families and larger households, but also smaller households if a builder chooses to build smaller units. One -person households make up approximately 28 percent of Washington households.66 In high- priced urban markets one -person households tend to be renters and high-income.67 Note that the floor area ratio standard also applies to detached single-family residences. RCW 36.70A.635(6)(b) requires, in part, that cities "...shall not require through development regulations any standards for middle housing that are more restrictive than those required for detached single-family residences, but may apply any objective development regulations that are required for detached single-family residences..." In other words, if a type of dimensional standard is not applied to detached single-family residences, it cannot be applied to middle housing. However, equal or less restrictive standards can be applied to middle housing as compared to single-family. Approach Options Cities have choices in how they employ lot coverage and FAR, including the following explored as part of developing the Model Ordinance. Consistent standards. In this approach, a single standard is applied uniformly to all lots in a zone. Progressive standards. In this approach, cities apply standards that incentivize middle housing by allowing more flexibility in exchange for a higher number of units on a lot. The Model Ordinance for Tier 1 and 2 cities applies a progressive approach for both lot coverage and FAR, with higher coverage and more floor area allowed for additional units. This approach was selected after testing development scenarios on lot sizes from 3,000 to 5,000 square feet, assuming that standards that work for these small lots are workable for the full range of lot sizes. Lot -sized based standards. In this approach, cities apply standards that change based on the lot size, using the assumption that lot size can help or hurt the ability to comply with the standards. For example, Oregon Middle Housing Code for Large cities uses five different FAR tiers. 64 "The 2022 American Home Size Index." American Home Shield. https://www.ahs.com/home-matters/real-estate/the-2022-american- home-size-index/ 65 "Apartment Market Report Q3 2023." Washington Center of Real Estate Research, Runstad Department of Real Estate. https://app.leg.wa.gov/committeeschedules/Home/Document/262886 66 United States Census, Table B11001 ACS 2022 1-Year Estimates 67 "Seattle's high housing costs haven't stopped people from living alone." The Seattle Times. 2024. https://www.seattletimes. com/seattIe-news/data/seattles-high-housing-costs-havent-stopped-people-from-living-alone/ JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 106 3.d Preserving Existing Homes In some cases, it may be desirable for a middle housing development to incorporate or preserve an existing residential structure on the lot. It is especially advantageous on lots with larger backyards where density allowances can be met while retaining the existing home. Preserving the existing home can allow a developer to recuperate a portion of the investment costs more rapidly or allow a homeowner to retain their home while allowing development on the rest of the lot. Providing incentives and methods to preserve existing homes also provides cities an avenue to demonstrate implementation of new GMA Housing Element requirements focused on displacement. This includes new requirements Example of a townhouse building built in the rear of an existing single-family lot, accompanied by a unit lot subdivision and a pedestrian access easement to the street. to identify areas at higher risk of displacement and local policies and regulations that result in displacement. Options to incentivize preserving existing homes should be customized given every city is different. Some basic provisions to incentive the preservation of existing homes while adding middle housing elsewhere on the lot include: • Exempt some or all of the existing home from FAR, lot coverage, and/or impervious standards. Create a bonus density program where the existing home does not count towards to the overall density limit on the lot. Discussion Economic Considerations Cities should develop middle housing dimensional standards that makes the desired housing types and housing outcomes the easier choice. For example, if attainable homeownership is a priority for a city, the city should develop progressive dimensional standards that incentivize the production of that housing type over larger, less dense, and more expensive housing types. Dimensional standards should consider the cumulative effect on achieving the desired development types and should leave room for a reasonable unit size to be feasible and create efficient floorplates for the desired development types. Smaller Lot Sizes Consideration for smaller lot sizes are listed below. The dimensional standards in Section 7 were tested with 4,000-7,5000 square foot lots, a typical range in cities subject to RCW 36.70A.635. The provisions of RCW 36.70A.635 apply to all lots in residential zones greater than 1,000 square feet. Some cities authorize lots as small as 2,500 square feet for detached single-family homes and 1,000 square feet or less specifically for townhouse development (where each townhouse unit sits on its own lot and is attached to other townhouse units). For example, if a Tier 3 City has a 1,200 square foot minimum lot size for townhouses, two townhouses could be integrated within a single 1,200 square foot lot, provided they met applicable dimensional and design standards. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 107 3.d Reducing minimum lot sizes is one of the most effective ways to support homeownership and increase housing capacity.68 Cities interested in permitting very small lots should adjust dimensional standards to ensure such lots are buildable. This may include reducing or removing side setback and lot coverage ; requirements. Because HB 1110's unit density requirements apply per lot, allowing smaller lots increases the total number of units allowed significantly. For example, if a city decides to reduce the minimum lot size from 5,000 square feet to 2,500 square feet for a particular zone, such change would double the allowed density. Cities should consider the long-term implications of allowing smaller lots, particularly in areas where there are greenfield development opportunities for large new subdivisions given the middle housing provisions of HB 1110. Naturally, the smaller the new lot is, the harder it will be to be to build middle housing and meet all dimensional and design standards applicable to the zone. References • Portland Middle Housing Case Study (Cascadia Partners. 2023, pg. 11). • Portland's development standards for R2.5 & R5 zones that produced the most middle housing • Oregon Middle Housing Model Code Large Cities • Spokane's Building Opportunity for Housing Code Amendments (2023, pgs. 104 — 108) • Edmonton, Canada Zoning Bylaw Changes (2023, pgs. 15 — 30) • Bozeman, Montana Draft Development Code Update (2023, pqs. 16 — 19) 68 "Lot -Size Reform Unlocks Affordable Homeownership in Houston." Pew Charitable Trusts. https://www.pewtrusts.org/en/research- and-analysis/issue-briefs/2023/09/lot-size-reform-unlocks-affordable-homeownershi p-in-houston JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 108 3.d 2.8 — Design Standards RCW 36.70A.030 defines "middle housing" as "...buildings that are compatible in scale, form, and character with single-family houses...". While design standards are not required, RCW 36.70A.635(6)(a) provides an opportunity to use administrative design review and apply objective design standards for middle housing to address compatibility with single-family houses, even if there are no design standards for single-family houses in place. Model Ordinance design standards include: • Cottage housing and courtyard housing design standards to reflect objectives associated with the RCW- defined housing types • Basic pedestrian access provisions and design standards for vehicle access, carports, garages, and driveways that balance practical needs to accommodate middle housing while prohibiting design forms that have the potential to significantly impact the character of residential neighborhoods. • Additional design standards related to entries, windows, and doors in the Model Ordinance for Tier 3 Cities. Certain design standards above have been included for the purpose of ensuring that a city that needs to rely on the Model Ordinance in the event it does not meet its HB 1110 compliance deadline to adopt middle housing regulations has some basic design standards for middle housing types it may not currently permit in their city. Section 8 Model Ordinance Text The Model Ordinance text is copied below for reference. Footnotes may have been added to the model ordinance text in this User Guide to provide supporting information. Refer to User Guide Chapter 1.3 for information on the difference between bold text and non -bold text. Tier 1, 2, and 3 Cities A. Applicability 1. These standards apply to all middle housing types, except for the specific cottage housing and courtyard apartment standards which apply to only those types. 2. For the purposes of this section, a "street" refers to any public or private street and does not include alleys. 3. These design standards do not apply to the conversion of a structure to a middle housing type with up to four attached units, if the floor area of the structure does not increase more than 50 percent. B. Purpose. The purpose of these standards is to: 1. Promote compatibility of middle housing with other residential uses, including single-family houses 2. De-emphasize garages and driveways as major visual elements along the street. 3. Provide clear and accessible pedestrian routes between buildings and streets. 4. Implement the definitions of cottage housing and courtyard apartments provided by state law. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 109 3.d C. Design review. The process used for reviewing compliance with middle housing design standards shall be administrative design review. D. Cottage housing Cottage size. Cottages shall each have no more than 1,600 square feet of net floor area, excluding attached garages. 2. Open space. Open space shall be provided equal to a minimum 20 percent of the lot size. This may include common open space, private open space, setbacks, critical areas, and other open space. 3. Common open space. a. At least one outdoor common open space is required. b. Common open space shall be provided equal to a minimum of 300 square feet per cottage. Each common open space shall have a minimum dimension of 15 feet on any side. c. Orientation. Common open space shall be bordered by cottages on at least two sides. At least half of cottage units in the development shall abut a common open space and have the primary entrance facing the common open space. d. Parking areas and vehicular areas shall not qualify as common open space. e. Critical areas and their buffers, including steep slopes, shall not quality as common open space. 4. Entries. All cottages shall feature a roofed porch at least 60 square feet in size with a minimum dimension of five feet on any side facing the street and/or common open space. 5. Community building. a. A cottage housing development shall contain no more than one community building. b. A community building shall have no more than Z400 square feet of net floor area, excluding attached garages. c. A community building shall have no minimum off-street parking requirement. E. Courtyard apartments. 1. Common open space. a. At least one outdoor common open space is required. b. Common open space shall be bordered by dwelling units on two or three sides. c. Common open space shall be a minimum dimension of 15 feet on any side. d. Parking areas and vehicular areas do not qualify as a common open space. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE El V3.1 I Packet Pg. 110 3.d 2. Entries. Ground -related courtyard apartments shall feature a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three feet by three feet, facing the street or common open space. F. Pedestrian access. A paved pedestrian connection at least three feet wide is required between each middle housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement. G. Vehicle access, carports, garages, and driveways. 1. For lots abutting an improved alley that meets the city's standard for width, vehicular access shall be taken from the alley. Lots without access to an improved alley and taking vehicular access from a street shall meet the other standards of subsection (G)(2) through (5) below. 2. Garages, driveways, and off-street parking areas shall not be located between a building and a street, except when either of the following conditions are met: a. The combined width of all garages, driveways, and off-street parking areas does not exceed a total of 60 percent of the length of the street frontage property line. This standard applies to buildings and not individual units; or b. The garage, driveway, or off-street parking area is separated from the street property line by a dwelling; or c. The garage, driveway, or off-street parking is located more than 100 feet from a street. 3. All detached garages and carports shall not protrude beyond the front building fagade. 4. The total width of all driveway approaches shall not exceed 32 feet per frontage, as measured at the property line. Individual driveway approaches shall not exceed 20 feet in width. 5. Local jurisdiction requirements for driveway separation and access from collector streets and arterial streets shall apply. Dwelling Unit Dwelling Unit Dwelling Unit Dwelling Unit -------- -------- - -- - - Dwelling Unit �- EntryG1 — EntryG2—� G3 Ent - Entry Entry G1 l Entry G2� g 8 `� Individual Individual a i Driveway Driveway <—DI—� �D2�FD3: j Dl D2= Eoi rron[age _ �_ nor rronitaye \i \ Sidewalk % \ \, Sidewalk Street Street (G 1+G2+G3) Lot Frontage must be no more than 60% (D1+D2+D3) must not exceed 32 feet per frontage Individual driveway width (any "D#") shall not exceed 20 feet JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 50 V3.1 I Packet Pg. 111 3.d H. Landscaping Development regulations for landscaping and tree standards for middle housing shall be equally or less restrictive than those required for detached single-family residences. Tier 3 Cities Entries. Each building shall incorporate a primary building entry or one or more private unit entries, such as a covered porch or recessed entry. Each entry shall feature minimum weather protection of three feet by three feet. J. Windows and doors. A minimum of 15 percent of the area of the street -facing fagade elevation shall include windows or doors. Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. N OF Full, Area subject to facade transparency requirement 0 Qualifying window coverage Qualifying door coverage Local Policy Choice Single -Family Design Standards Cities may consider applying the same types of design standards in the Model Ordinances to detached single- family residences. Some tailoring may be required for applicability and context. Cottage Housing Size Limit The maximum cottage size of 1,600 square feet can be modified to fit local circumstances. RCW 36.70A.681(1)(f) states that city and counties may not establish maximum gross floor area limits for accessory dwelling units less than 1,000 square feet. A cottage housing floor area limit above 1,000 square feet would be reasonable. Because the model ordinance sets a maximum square foot standard, cottage housing is exempt from floor area ratio limits in Section 7 of the Tier 1 and 2 Cities Model Ordinance. Common Open Space Common open space traditionally serves as the social and recreational center of cottage developments. "Common open space' is referenced in the definition of "cottage housing" and will need to take up much of the minimum 20 percent open space requirement, which also can include private open space, setbacks, natural features, critical areas, and other open space. Key aspects of common open space include: JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 112 3.d Requiring that cottages are oriented around the common open space. Minimum size standards to provide a minimum usable common open space area scaled to the size of the development. The minimum 15 feet dimension is important to ensure the common open space is usable for residents. The minimum amount of open space per cottage can be variable; 300 square feet is more appropriate for small infill lots, but larger minimums, such as 400 square feet, is a common standard required by cities that regulate cottages. Private Open Space In addition to common open space, some cities require private open space for individual cottages. This may be required at the front or rear of a cottage and typically is encouraged to be located between a cottage and common open space and is not allowed to be at the side of a cottage. A minimum requirement of 200 square feet per cottage is typical, along with minimum dimensional and useability standards that are similar or relaxed compared to those for the common open space. Porch Requirement The entry standard, which requires a roofed porch on each cottage, helps cottages be compatible with the form and character of typical low -density neighborhoods. Community Buildings The integration of community buildings is popular in many cottage developments and thus important to allow in larger cottage housing developments. Because cottages are size -limited compared to typical detached single-family residences, a community building can further promote livability and social activity in the development with a range of shared uses, ranging from tool and furniture storage to community kitchens, libraries, and recreation rooms. Danielson Grove Cottages in Kirkland. Note the mix of private (landscaped areas in front of the cottages) and common (lawn area plus the patio) open spaces and community building example (right image). Source: MAKERS. Attached Cottages Cities should consider allowing attached cottages, which comply with the other features of cottage housing but may include clusters of duplex or triplex -style buildings. This arrangement creates more room for common open space and helps improve energy efficiency, while supporting the community -oriented goals of some cottage housing developments. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 113 3.d Courtyard Apartments Courtyard apartments is one of the middle housing types defined by RCW 36.70A.030.69 Particular design features are included in the definition, The definition states that courtyard apartments have dwelling units arranged on two or three sides of a yard or court. Because courtyard apartments are defined by a yard or court, common open space standards are provided in the model ordinances. There is also an entry standard which allows unit entries to face either the street or the common space. Pedestrian Access A pedestrian access standard ensures clear and accessible pedestrian routes are provided between buildings and streets. A paved pedestrian connection, as opposed to unpaved, is important to ensure that pedestrian access is permanently available to provide safe and reliable pedestrian access for people using mobility devices and for deliveries and emergencies (i.e., carts and gurneys). If a middle housing building is located at the back of a lot or has alley access, the pedestrian access standard also ensures that residents and visitors have easy access to the street and access to vehicles parked on -street. The standard is also written with flexibility in mind. Driveways, which are often walked upon and already connect a building and a street, may be used to meet the standard instead of a separate paved connection The standard does not preclude the use of ramps or stairs. Note that the standard provides an objective measurement of three feet minimum width for the paved connection. Cities may require increased width to meet Americans with Disabilities Act (ADA) standards, and larger middle housing developments with more foot traffic on a shared pedestrian connection may warrant a wider pathway. Vehicle Access, Carports, Garages, and Driveways This set of standards related to vehicle access, garages and carports is adapted from the Oregon middle housing model ordinances. This standard seeks to balance the practical need for vehicular access while prohibiting designs that are dominated by multiple garages and driveways along a street, which can have significant impacts on the walkability and visual character of residential neighborhoods. The model ordinances include a standard that prevents designs like these with excessive driveway widths and garage dominated designs. Source. MAKERS. 69 RCW 36.70A.030(10) JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 114 3.d The standard anticipates two scenarios: lots with alley access or no alley access. Alley Access Alley access is preferred because it allows vehicle parking, services, and utilities to be collected in the rear of a development and create a more continuous and walkable streetscape in front of the lot. The alley access requirement applies to "an improved alley that meets the city's standard for width." This standard does not distinguish between whether the alley is or is not paved since some cities do not require paving or may have pre-existing alleys that are not paved. Alleys that are platted but unbuilt, steep, or have other accessibility issues likely would not be considered "improved" by most cities. No Alley Access Because many cities and neighborhoods do not have alleys, the standard also provides requirements for lots that need to take vehicular access from a street. The first preference is that garages and off-street parking areas be screened from the street by a building with dwelling units; for example, a townhouse development may have garages on the bottom of each unit that are accessed from the rear of the building by a shared drive that connects to the street in front. However, not every middle housing configuration and lot can physically or economically accommodate this. When parking cannot be screened and must be visible from the street, the model ordinance recommends that the width of off-street parking areas be limited in relation to the length of the lot's street frontage. If a garage or off-street parking area is located more than 100 feet from a street it would be exempt from this standard. Covered Entries The Model Ordinance for Tier 3 Cities provides for covered entries. Covered entries lend a sense of human scale to homes. The three-foot dimension allows a resident to open a locked door out of the rain. Windows and Doors The Model Ordinance for Tier 3 Cities provides a design standard that at least 15 percent of the area of the street -facing fagade elevation include windows or doors. This type of standard is a common requirement that orients dwelling units towards the street and provides "eyes on the street" for safety. Note that it does not specify that doors need to be transparent to qualify. Whereas the 15 percent standard is relatively common for those communities that regulate fagade transparency, allowing doors to qualify offers flexibility. Cities can consider adding additional language which clarifies garage doors do not qualify towards the 15 percent minimum, considering one of the purposes of the design standards is to de-emphasize garages and driveways Unit Articulation Standards Faqade articulation standards for townhouses and multifamily development help reduce the perceived scale of multi -unit buildings and add architectural variety and visual interest. Thus, cities might consider applying similar standards for middle housing. Articulation standards are particularly helpful for compatibility for larger middle housing buildings where multiple entries are visible from the street. By providing clear and objective options, an articulation standard can meet the requirement to not affect the generally allowed density, height, bulk, or scale of middle housing. Below is an articulation standard developed for middle housing purposes. It is titled "Unit Articulation" since it applies only to multi -unit buildings facing the street and featuring separate ground level entrances. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 54 V3.1 I Packet Pg. 115 3.d X. Unit articulation. 1. Applicability. a. Each attached unit featuring a separate ground level entrance in a multi -unit building facing the street shall include at least one of the articulation options listed in subsection (X)(2) below. b. Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. 2. Articulation options: 1. Roofline change or a roof dormer with a minimum of four feet in width. 2. A balcony a minimum of two feet in depth and four feet in width and accessible from an interior room. 70 3. A bay window that extends from the fagade a minimum of two feet. 71 4. An offset of the fagade of a minimum of two feet in depth from the neighboring unit. 5. A roofed porch at least 50 square feet in size. Option 1 Option 3 Option 2 Option 4 Option 5 70 "Balcony" refers to a platform that projects from the wall of a building and is surrounded by a railing or balustrade. 71 A "bay window' is a window placed on an extension from an exterior wall. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 116 3.d Minimum Usable Open Space Many cities that allow for small lot detached single-family development or middle housing development require some form of minimum usable open space. Such standards can bring extra protection beyond basic setback requirements and minimum lot coverage to ensure that each unit has on -site open space that meets a minimum dimension. s For cities allowing up to two units on a lot, consider a standard that requires open space equivalent to at least 10 percent of the lot area with a minimum dimension of 15 feet on all sides of the open space. Each unit must have direct access to the open space. Where the lot density exceeds three units, consider a minimum 10 feet or 12 feet dimension to accommodate more flexibility, while ensuring a minimum usable dimension. For stacked flats and buildings with four to six units more flexibility is warranted, as direct access to a ground level open space may not be possible. Thus, provisions for common open space that is physically accessible to each unit will be important. Private balconies and shared roof decks can also be open space resources that enhance the livability of middle housing. Given space limitations on small lots and lots with two or more units, it is important to provide the opportunity to locate usable open space in the front yard. Front yards in many single-family neighborhoods are seldom used. However, front yards defined by a low fence, particularly when combined with a front porch, can make for effective usable yard space. Front yards and porches can be a particularly good source of usable open space for middle housing. Source: MAKERS Design Standards Departures Cities also have an option to offer departure requests to middle housing design standards. Departures should only be made available if processed administratively and where a clear and objective design standard is provided as the starting point that provides a straightforward path to compliance. Applicants seeking departures volunteer to depart from an objective standard. In order for the planning director or their designee to evaluate a departure request, clear purpose statements must be provided for each design standard and additional criteria could be added for specific departure opportunities. Example text for departure criteria is below. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 56 V3.1 I Packet Pg. 117 a 3.d Departures are available for all design standards herein. Departures provide applicants with the option of proposing alternative designs when the applicant can demonstrate a design is equal to or better for meeting the 'purpose" of a particular standard. b. Departures shall be administrative and reviewed, approved, or denied by the planning director or the planning director's designee. c. The planning director must document the reasons for all departure decisions within the project application records. As a land use decision, design departures are subject to both administrative appeal and possibly judicial appeal under RCW 36.70C. The administrative appeal period is subject to the city's local regulations. Discussion House Bill 1293 and Design Review If a city applies design review to middle housing, RCW 36.70A.635(6)(a) requires that only administrative design review be used. Administrative design review must follow the standards of RCW 36.70A.630, which was established in 2023 under House Bill 1293. Cities and counties must adopt regulations implementing RCW 36.70A.630 within six months of their next periodic comprehensive plan update. With limited exceptions, such as for listed historic structures, the new requirements apply to development projects for which a city conducts design review, and whether the design review process is administrative (conducted by city staff) or public (conducted by a design review board). The key requirement is that the design review process may only apply "clear and objective development regulations" which govern the exterior design of new development. A "clear and objective" development meets the following criteria: 1. Must include one or more ascertainable guideline, standard, or criterion by which an applicant can determine whether a given building design is permissible under that development regulation; and 2. May not result in a reduction in density, height, bulk, or scale below the generally applicable development regulations for a development proposal in the applicable zone. The design standards in Section 8 of the Model Ordinances and User Guide are compliant with these criteria. Administrative Design Review Administrative design is defined by the GMA as: "...a development permit process whereby an application is reviewed, approved, or denied by the planning director or the planning director's designee based solely on objective design and development standards without a public predecision hearing, unless such review is otherwise required by state or federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards to consider, recommend, or approve requests for variances from locally established design review standards." (RCW 36.70A. 030(3)) The design standards provided in the Model Ordinance and User Guide are objective and measurable and are written to be efficient for staff to implement if the Model Ordinance, especially if the city does not adopt middle housing regulations by the city's statutory deadline. Administrative design review is to be reviewed and JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 118 3.d decided by a planning director or their designee, with the exceptions noted in the definition. Informational resources about design review implementation are listed at the end of this chapter. Exceptions to administrative design review may be made in cases where review is required by state or federal law, or if the structure is a designated landmark or within a historic district established by a local preservation ordinance. Public meetings, hearings, or voluntary design review boards may also be used to consider, recommend, or approve requests for variances from locally established design review standards. As a land use decision, administrative design review is subject to both administrative appeal and possibly judicial appeal under RCW 36.70C. The administrative appeal period is subject to the city's local regulations. Trees RCW 36.70A.635(6)(b) provides that "tree canopy and retention requirements" shall not be more restrictive for middle housing than for detached single-family residences. Other tree related development standards may include, but are not limited to, significant tree preservation, planting of new trees, and tree maintenance. Trees provide considerable benefits to a community, including stormwater management, noise buffering, soil erosion reduction, supporting climate change strategies, providing habitat, and fostering aesthetics. Additionally, as noted by the environmental organizations focus group, trees are an equity issue with lower -income neighborhoods tending to have less tree canopy than higher -income Example of a new middle housing development that is protecting existing trees. Source: MAKERS neighborhoods. Many communities have adopted urban forestry regulations to address the planting, maintenance, care, and protection of tree populations. Rather than have the model ordinances offer specific prescriptive recommendations for tree preservation and retention for one use (or subgroup of uses) like middle housing, cities should consider developing a comprehensive tree regulation strategy that thoroughly reviews, considers and updates existing tree regulations as a broader package across all uses and type of permit applications. Tree regulations should seek to balance and consider housing and environmental goals like climate change and air quality, local benefits of mature trees, voluntary and other tree planting programs, and available administrative and enforcement resources. Some cities have tree standards that promote maintaining or growing the overall tree canopy, rather than focusing on individual trees. For example, Port Orchard's McCormick Village Overlay District requires a plan that achieves a minimum 25 percent tree canopy coverage in 20 years upon maturity of the trees. Significant tree retention is only required if the significant tree is located with any perimeter landscaping requirement, critical area protection areas, and required buffers.72 References Design review • Design Review, American Planning Association (collection of knowledge resources) • Design Review: Guiding Better Development, American Planning Association (publication) 72 POW 20.38.280 JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 Packet Pg. 119 3.d • Design Review in the Pacific Northwest, American Planning Association (conference session) • Design Review, Municipal Research Service Center • Short Course on Local Planning, Department of Commerce (see the special topic videos on infill development for small cities) Examples of small city design standards • Port Angeles Residential Infill Design Standards (Chapter 17.21 PAMC) • Anacortes Housing Type Design Standards (AMC 19.43.010) Trees • Urban Forestry, Municipal Research Service Center • Redmond Tree Protection Ordinance (RMC 21.72) • Olympia Tree, Soil, and Native Vegetation Protection and Replacement Standards (OMC 16.60) • Seattle's 2023 Tree Protection Ordinance — Ordinance 126821 JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 59 V3.1 I Packet Pg. 120 3.d 2.9 — Parking Standards Section 9 Model Ordinance Text The Model Ordinance text is copied below for reference. Footnotes may have been added to the model ordinance text in this User Guide to provide supporting information. Refer to User Guide Chapter 1.3 for information on the difference between bold text and non -bold text. A. Off-street parking for middle housing shall be subject to the following: 1. No off-street parking shall be required within one-half mile walking distance of a major transit stop.73 2. A maximum of one off-street parking space per unit shall be required on lots smaller than 6,000 square feet, before any zero lot line subdivisions or lot splits.71 3. A maximum of two off-street parking spaces per unit shall be required on lots greater than 6,000 square feet before any zero lot line subdivisions or lot Splits.71 B. The provisions of subsection (A) do not apply to: 1. Portions of the city for which the Department of Commerce has certified a parking study in accordance with RCW 36.70A.635(7)(a), in which case off-street parking requirement shall be as provided in the certification from the Department of Commerce.76 2. Portions of the city within a one -mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements in accordance with RCW 36.70A.635(7)(b).7 78 Local Policy Choice Number of Parking Spaces Required per Unit The Model Ordinance uses the off-street parking requirements of RCW 36.70A.635(6)(d) through (f) However, in establishing off street parking requirements for middle housing, cities should give consideration to how off-street parking may occupy land area that could affect middle housing site design, especially on smaller lots, as well as affect project affordability through the costs associated with developing parking. Off- street parking requirements can also affect unit count of a middle housing project and be a deciding factor in whether a middle housing project is or is not built. For these reasons, it is recommended that cities consider at most a minimum parking requirement of one space for middle housing unit, regardless of lot size. This is the same as the one -space maximum a city can 73 RCW 36.70A.635(6)(d). This standard applies only to middle housing, not all development. However, elimination of adjustment of other parking standards near major transit stops is encouraged. See the local policy choice and discussion sections 74 RCW 36.70A.635(6)(e) 75 RCW 36.70A.635(6)(f) 76 RCW.70A.635(7)(b) The Department of Commerce is working on guidance for this provision which will be completed by May 1, 2024. 77 This only applies to Seattle -Tacoma International Airport. Enplanement data is provided by the Federal Aviation Administration: https://www.faa.gov/airports/planning_capacity/passenger_al Icargo_stats/passenger 78 RCW.70A.635(7)(b) The Department of Commerce is working on guidance for this provision which will be completed by May 1, 2024. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 60 V3.1 I Packet Pg. 121 3.d require on lots less than 6,000 square feet, but is less than the two -space maximum a city can require on lots greater than 6,000 square feet in size. One parking space per middle housing unit, regardless of lot size, can improve the physical and economic feasibility of developing middle housing. Lots exactly 6,000 square feet in size are not addressed by RCW 36.70A.635(6)(e) and (f). Cities that choose to provide different parking requirements based on lot sizes being less than or greater than 6,000 square feet may choose whether to apply RCW 36.70A.635(6)(e) or RCW 36.70A.635(6)(f). Again, it is recommended that cities require no more than one parking space per middle housing unit in general, including lots exactly 6,000 square feet in area. Affordable Housing Affordable housing is difficult to finance without subsidy, and off-street parking represents a substantial cost of developing housing. Households who might occupy HB 1110 affordable housing units may own fewer vehicles than moderate- and higher -income households.79 Cities should consider eliminating off-street parking requirements for affordable housing units. Major Transit Stops See User Guide Chapter 3.2 for guidance on how walking distance to major transit stops may be measured Other State Law Parking Requirements HB 1337, passed in 2023, has parking requirements for accessory dwelling units which are similar to what RCW 36.70A.635 provides for middle housing. See RCW 36.70A.681(2). For the purposes of parking requirements for accessory dwelling units, under RCW 36.70A.696(8) there is a slightly different definition of "Major transit stop" than for middle housing. RCW 36.70A.620 has provisions on the amount of parking that can be required near certain types of transit for various types of affordable housing, housing for seniors and people with disabilities, and market rate multifamily units. The standards in RCW 36.70A.620 do not conflict with the standards of RCW 36.70A.635 or the Model Ordinances, but they should be reviewed so that in instances where there may be overlap, required off-street parking is consistent with both RCW sections. Exemptions The off-street parking standards of RCW 36.70A.635(6) do not apply in two situations: If a city submits to Commerce an empirical study prepared by a credentialed transportation or land use planning professional that clearly demonstrates, and Commerce finds and certifies, that middle housing parking required by HB 1110 would be significantly less safe for pedestrians, bicyclists, or people in vehicles than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses.80 Commerce will develop guidance for this exemption by May 31, 2024. 79 "Socioeconomics of urban travel in the U.S.: Evidence from the 2017 NHTS." Transportation Research Part D: Transport and Environment, Volume 116, 2023. https://www.sciencedirect.com/science/article/pii/Sl361920923000196?via%3Dihub 80 RCW.70A.635(7)(a) JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 61 V3.1 I Packet Pg. 122 3.d In portions of cities within a one -mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements, in accordance with RCW 36.70A.635(7)(b).81 This only applies to Seattle -Tacoma International Airport, according to enplanement data provided by the Federal Aviation Administration.82 ; Cities not planning to employ the "empirical study" exemption, and cities located further than one mile from applicable airports, have the option to not adopt Model Ordinance Section 9, subsection (B). On -Street Parking Credit To add flexibility and reduce construction costs, cities may consider allowing on -street parking to be credited toward any minimum off-street parking requirements. This approach is provided in the Oregon middle housing model codes. The credit could be written with the following types of standards intended to promote on -street parking in appropriate locations. X. If on -street parking spaces meet all of the following conditions they shall be counted toward the minimum off- street parking requirement for middle housing. 1. On -street parking is allowed and abuts the subject site. 2. The space must be a minimum of 20 feet long.83 Street parking in a residential neighborhood. Source: MAKERS. 3. The space must not obstruct a required sight distance area. 4. The on -street parking shall not be deeded, or for exclusive use, to any property. Conversions To encourage preservation and rehabilitation of existing structures, cities may consider exempting off-street parking requirements for middle housing conversion projects up to a certain size. This would allow greater flexibility for conversions or additions where the existing building placement makes it difficult or not possible to add new parking. The following provision would address common conversion proposals: X. No additional off-street parking shall be required for conversion of a detached single-family residence to a middle housing type with up to four units (whether additional units are attached or detached with the original structure). 81 RCW.70A.635(7)(b) 82 "Passenger Boarding (Enplanement) and All -Cargo Data for U.S. Airports." Federal Aviation Administration. https://www.faa.gov/airportsiplanning_capacity/passenger_al Icargo_stats/passenger 83 Item (2) could be revised to the standard length of a parallel parking space in the city if it is different than 20 feet. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 123 3.d Covered Parking To allow greater flexibility and to reduce the cost of providing housing, cities may consider not requiring that parking be covered or indoors. Outdoor parking is common in residential neighborhoods.84 This could be addressed by adopting an additional subsection: c X. Parking for middle housing shall not be required to be located within a garage, carport, or other structure. Discussion Eliminating Off -Street Parking Requirements Beyond one-half mile distance of a major transit stop, jurisdictions may consider eliminating minimum off- street parking requirements entirely for middle housing (and other residential land uses) to reduce the costs and physical complexity of providing housing and reduce the costs of owning and renting housing. Off-street parking takes up land area and can create both physical and economic feasibility barriers to middle housing development. Reducing parking requirements can prove extremely helpful in supporting diverse housing types at lower price points. This is particularly an opportunity where local transit service is strong, bike and pedestrian infrastructure is well-connected, and residential areas are within close proximity to jobs centers and shopping areas. Builders can continue to build parking at their discretion to meet market demand even without regulatory requirements for parking. The cost of providing surface parking can increase the per -unit construction cost of middle housing between approximately $5,000 and $50,000 depending on the type of parking, number of stalls required, drive aisle area, and turnaround space. Enclosed parking spaces can add even more costs to the construction cost of a housing unit depending on the level of conditioning and finishing requirements. In addition, off-street parking can create significant physical barriers to middle housing development on infill sites, especially when space limitations require that parking be located in what would otherwise be buildable area for the structure. These physical limitations translate to economic impacts to development feasibility and financial yield that can cause middle housing to be built at lower densities or not be feasible at all. In summary: • Parking is expensive. Parking space construction ranges from $5,000 - $6,000 a stall for surface parking, $20,000 - $25,000 a stall for above ground structured parking, and $30,000 - $50,000 a stall for underground parking (Cascadia Partners. 2023; VTPI. 2022; & City of Lacey. 2021). • High parking mandates negatively impact the financial feasibility of middle housing development. • High parking mandates are spatially difficult to fit on a lot and compete against livable and open space. • Parking is a popular amenity and developers will often choose to include off-street parking in middle housing projects where feasible. 84"One in Three Garages Has No Car in It." Sightline Institute, 2022. https://www.sightline.org/2022/04/27/one-in-three-garages-has- no-car-in-it/ JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 63 V3.1 I Packet Pg. 124 3.d SEPA Exemption HB 1110 amends RCW 43.21 C.495, a section of the State Environmental Policy Act (SEPA). It adds subsection (6) that states: The following nonproject actions are categorically exempt from the requirements of this chapter: (6) Amendments to development regulations to remove requirements for parking from development proposed to fill in an urban growth area designated according to RCW 36.70A.110. This means implementation of subsection (A)(1) in Model Ordinance Section 9, which removes minimum parking requirements within one-half mile of major transit stops, does not require SEPA review. It also means that other actions which go beyond subsection (A)(1), such as removing minimum parking requirements for any use and in any location within an urban growth area, do not require SEPA review. Parking with Zero Lot Line Subdivision and Lot Splits RCW 36.70A.635(6)(e) and (f) establish parking requirements based on lot size "...before any zero lot line subdivisions or lot splits." A "lot split" is a type of subdivision intended to streamline the typical subdivision process and/or allow for a minimum of two housing units on the same land presently occupied by a single housing unit, and/or allow the creation lots that are less than the minimum lot size required in a zone. The concept has gained recent attention after California authorized lot splits starting in 2022.81 In Washington state law a "lot split" is undefined and there is currently no authorization or requirement for allowing lot splits. Therefore, at the time of publication in January 2024, this User Guide does not provide any guidance for cities on responding to the lot split references in in RCW 36.70A.635(6)(e) and (f). The term "zero lot line" is used in several times in RCW 36.70A.635. State law does not define "zero lot line" nor "zero lot line subdivision." Cities should interpret "zero lot line" to mean the physical state of a building located, or permitted to be located, on one or more property lines on a lot. This state can be achieved where a zoning setback requirement is zero feet, within an attached townhouse development, in a unit lot subdivision, or through other code mechanisms. References • Cost per space for parking (Cascadia Partners, 2023; VTPI, 2022; & City of Lacey, 2021). • Middle Housing Implementation Pro -Forma Calibration and Assumptions (Cascadia Partners) • Middle Housing Implementation Pro -Forma Sensitivity Testing (Cascadia Partners, 2023) • Portland Middle Housing Case Study (Cascadia Partners, 2023, pg. 27) • City of Olympia Washington reduces parking minimums for all residential units Ordinance 7366 (2023) • A Business Case for Dropping Parking Minimums, 2022, Planning Magazine • Parking Reform Network 85 "SB 9 Fact Sheet." California Department of Housing and Community Development. https://www.hcd.ca.gov/docs/planning-and- community-development/sb9factsheet.pdf JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 125 3.d 2.10 — Infrastructure Standards Section 10 Model Ordinance Text The Model Ordinance text is copied below for reference. Footnotes may have been added to the model ordinance text in this User Guide to provide supporting information. Refer to User Guide Chapter 1.3 for information on the difference between bold text and non -bold text. A. Transportation. Regulations for driveways, frontage improvements, alley improvements, and other transportation public works and engineering standards shall not be more restrictive for middle housing than for detached single-family residences, except as addressed by this ordinance. B. Lot Access/Road Standards. Private driveway access shall be permitted for middle housing development with any number of units when a fire apparatus access road is within 150 feet of all structures on the lot and all portions of the exterior walls of the first story of the buildings, as measured by an approved route around the exterior of the buildings. 2. When a fire apparatus road is not within 150 feet of all structures on the lot, subsection (B)(1) does not apply and one of the following conditions must be met: a. The building is equipped throughout with an approved automatic sprinkler system meeting International Fire Code requirements. b. No more than two units are accessed via the same private driveway. c. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 3. Private driveways shall not be required to be wider than 12 feet and shall not be required to have unobstructed vertical clearance more than 13 feet six inches except when it is determined to be in violation of the International Fire Code or other fire, life, and safety standards, such as site distance requirements. 4. Private driveway access, separate from access to an existing home, shall be permitted unless it is determined to be in violation of the Fire Code or other fire, life, safety standards, such as site distance requirements. 5. This subsection is not intended to limit the applicability of the adopted fire code, except as otherwise presented in this subsection. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 126 3.d Discussion Public works and infrastructure standards that create conditions on development are a "development regulation" subject to RCW 36.70A.635(6)(b). This is supported by the definition of "development regulations" under RCW 36.70A.030. To comply with RCW 36.70A.635(6)(b), public works and infrastructure development standards cannot be more restrictive for middle housing than for detached single-family residences. However, some level of discretion is appropriate to account for functional and utilitarian differences between middle housing and detached single-family residences and to promote public health, safety, and welfare. Differences in standards are most appropriate when they are based on the number of dwelling units (not based on the specific type of residential building). Differences are also appropriate where a middle housing development is large (e.g., more than 12 units) and begins to have similarities to multifamily development, which has greater impacts and larger economies of scale that can absorb additional costs. Examples and further considerations are below. Street Frontage and Alley Improvements The standard of RCW 36.70A.635(6)(b) means, for example, that permitting for a fourplex cannot be conditioned upon an unpaved alley being paved or curb, gutter, and sidewalk being provided on a street frontage if a detached single-family residence on the same lot would not have the same condition. However, street frontage and alley improvements could be required based upon technical metrics such as the number of PM peak hour vehicle trips estimated to be generated by a development. For example, one city in Washington requires that where a sidewalk is missing in front of a lot proposed for development the sidewalk must be provided if the development will generate 10 or more PM peak hour vehicle trips. Cities should also consider addressing deficiencies in their pedestrian and bicycle networks in areas where an increase in density is expected as a result of complying with RCW 36.70A.635. City -led projects, such as creating an entire block of new sidewalk, can often result in better mobility outcomes than waiting for piecemeal improvements contributed by individual private developments. Lot Access/Road Standards Cities may need to adjust their standards for shared access provisions, particularly for those lots that don't have direct access to a public right-of-way. The Model Ordinance sets a base minimum width for such a shared access lane of 12 feet and seeks to ensure that such shared access lanes meet International Fire Code requirements. Cities should review current private road or driveway access standards to see if they would accommodate development of one or more housing units in the rear of a lot when the existing home is retained. Are the required widths narrow enough to accommodate access between the side property line and existing house? Do current standards allow the number of units required to be allowed under RCW 36.70A.635(1)? Are there other road standards that might need to be adjusted to work when applied to small lot development? Water and Sewer Water and sewer utility purveyors (cities, special districts, and private purveyors) should have flexible requirements for the design of water and sewer connections to middle housing lots and buildings. There are advantages and disadvantages to centralized and shared lateral connections and metering, and there may be different ownership arrangements, cost implications, and other reasons that require a variety of approaches. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 •• Packet Pg. 127 3.d For example, a sixplex developer should be able to choose between having a master meter maintained by a homeowner's association and having separate meters for each unit. When development occurs on a larger lot and the lots resulting from that development can be redeveloped under RCW 36.70A.635, consider requiring installation of water and sewer lines that are sized to accommodate future redevelopment on each lot. This may not be necessary if the lots created are small enough where redevelopment would not be possible. Stormwater Stormwater runoff is produced when precipitation falls on impervious surfaces and flows into storm drains and streams. Impervious surfaces include building roofs and pavement. Some configurations of middle housing are relatively compact and do not necessarily increase impervious surface area beyond that of a typical detached single-family residence, and so the impact of redeveloping individual lots may be minimal. Allowing tall structures and requiring little or no surface parking/driveways can potentially reduce impervious surface in general. Because many Washington cities were developed before modern stormwater controls, new development tends to improve stormwater treatment because it includes modern infrastructure. Cities should also allow on -site and off -site mitigation options when impervious surface resulting from middle housing development could approach or exceed the limitations for a stormwater system. For example, allowing pervious paving and grasscrete for driveways; reducing the amount of required off-street parking; allowing for vegetated roofs, rain gardens, and bioswales which capture or slow stormwater; allowing off -site strategies such as converting unused on -street parking to landscaped areas; allow the building of rain gardens or bioswales such as parks or street planter strips; or allowing modification or expansion of existing stormwater facilities to accommodate additional development. Note that most development of 5,000 square feet or more of impervious surface on a lot triggers more requirements for on -site stormwater treatment. Solid Waste Because trash is a public health and safety concern, it is reasonable to have solid waste standards that scale with the size of development. Large numbers of bins can also be a transportation concern, especially for people walking. Larger middle housing developments may be required to provide a centralized trash dumpster area meeting environmental protection standards instead of each unit being permitted to have individual trash bins. References Solid waste bins in an alley for a six -unit townhouse development. Source: MAKERS. • King County Capacity Charge. Example of a utility fee which is graduated based on the size and type of residential dwelling. • Department of Ecology municipal stormwater permits. Information on what types of stormwater requirements are in place for jurisdictions across the state. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 128 3.d 3.0 - Additional Considerations 3.1 — Existing Zones and Overlay Zones To implement RCW 36.70A.635, cities have the option: to: (1) amend their existing zones; (2) create a "middle housing overlay zone"; or (3) create a new zone or zones. There are advantages and disadvantages to each approach. Amending Existing Zoning Cities may choose to change allowed uses, density limits, and other standards in existing residential zones to comply with RCW 36.70A.635. In a typical zoning district predominantly for residential use and where only detached single-family residences are currently allowed, the zoning district's allowed uses must be amended to allow middle housing in general or specific middle housing types. The existing dimensional standards and other standards in the zone may be retained to apply to both detached single family residences and middle housing. However, pre-existing dimensional standards may be poorly suited to desired middle housing outcomes. For example, large building setbacks and low building height requirements could make middle housing development challenging, especially on smaller lots. At the same time, adjusting standards for both single-family and middle housing types could allow significantly larger single-family homes (sometimes known as "McMansions") to be built. This can be mitigated by allowing more generous standards for middle housing buildings. When updating dimensional standards, cities should look to the applicable Model Ordinance for their tier for guidance. In existing multifamily zones, cities will need to adjust density or minimum lot area per unit standards that would preclude the required unit density for their tier on a typical lot, or to establish an exception to allow middle housing to exceed the base maximum density. Tier 1 / Tier 2 Tier 1 / Tier 2 Tier 3 Tier 3 2 5,000 SF 7,500 SF 5,000 SF 7,500 SF 17.4 dwelling units per acre 11.6 dwelling units per acre 34.8 dwelling units per acre 23.2 dwelling units per acre 2 4 4 Overlay Zones A second option is the use of overlay zones. Creating a difference in dimensional standards between detached single-family residences and middle housing is one reason cities may be interested in creating an overlay zone with standards specific to middle housing. This has the advantage of organizing middle housing standards in a separate code section, at the cost of increased complexity, with overlay provisions that would need to be repeatedly cross-referenced throughout the code. Cities must also consider that every zone subject to RCW 36.70A.635 would need to be shown on the zoning map with an overlay symbol. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE .: V3.1 I Packet Pg. 129 3.d New Zones A third option is to create an entirely new zone or zones that complies with RCW 36.70A.635 to replace existing low -density zones. This provides the opportunity to start with a clean slate and create standards well - calibrated to deliver desired outcomes. Several Washington cities are already undertaking this effort in conjunction with their comprehensive plan updates. Zone Names Some cities are also updating zone and land use designation names that eliminate the term "single family" in favor of more generalized terms that emphasize development intensity. Examples include Residential 1, Residential 2, etc., where the lowest number equates to the lowest density; or R-L, R-M, R-H, to emphasize low, medium, and high density; or various versions of "Neighborhood Residential" zones. 3.2 - Major Transit Stops Types of Major Transit The definition of "Major transit stop" includes stops for at least the following types of transit systems: • Light rail. • Commuter rail. • Amtrak. • Streetcar. • Monorail. • Bus rapid transit. • Trolley buses. • Other transit funded or expanded under the provisions of chapter 81.104 RCW. Note that for accessory dwelling units, under RCW 36.70A.696(8) there is a different definition of "Major transit stop" than for middle housing. Chapter 81.104 RCW This chapter of the RCW is for high capacity transportation systems, which are defined in the chapter as "a system of public transportation services within an urbanized region operating principally on exclusive rights -of - way, and the supporting services and facilities necessary to implement such a system, including interim express services and high occupancy vehicle lanes, which taken as a whole, provides a substantially higher level of passenger capacity, speed, and service frequency than traditional public transportation systems operating principally in general purpose roadways." Chapter 81.104 RCW currently only applies to Sound Transit, which operates high -capacity transportation systems in King, Pierce, and Snohomish counties including light rail, commuter rail, and intercity express buses. All of the transit stops for Sound Transit services, including intercity express buses, are a major transit stop. Sound Transit is actively modifying its express bus system as light rail and bus rapid transit are built out. Changes to the express bus system undergo public outreach and require the approval of the Sound Transit Board of Directors. Occasionally, like other transit agencies, Sound Transit also administratively modifies express bus routes and stops via the regular service change process. Cities in King, Pierce, and Snohomish JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 130 3.d counties should stay updated on Sound Transit's express bus service changes to ensure continued compliance with RCW 36.70A.635.86 Fixed Guideway Systems "Fixed guideway system" is not defined in the Growth Management Act (GMA) but is defined in the Washington Administrative Code (WAC). Under WAC 173-424-110 fixed guideway means "...a public transportation facility using and occupying a separate right of way for the exclusive use of public transportation using rail, a fixed catenary system, trolley bus, streetcar, or an aerial tramway." The trolley bus network operated by King County Metro is an example of a non -rail fixed guideway system Bus Rapid Transit (BRT) Bus rapid transit is not defined in the GMA, the Revised Code of Washington (RCW), or the WAC. The Puget Sound Regional Council Regional Transportation Plan, which applies to the central Puget Sound region (King, Pierce, Snohomish, and Kitsap counties) describes bus rapid transit as the following: "Bus rapid transit (BRT) routes in the region are distinguished from other forms of bus transit by a combination of features that include branded buses and stations, off -board fare payment, wider stop spacing than other local bus service, and other treatments such as transit signal priority and business access and transit (BAT) lanes." For further reference, the Federal Transit Administration defines BRT as: "Fixed -route bus systems that operate at least 50 percent of the service on fixed guideway. These systems also have defined passenger stations, traffic signal priority or preemption, short headway bidirectional services for a substantial part of weekdays and weekend days; low -floor vehicles or level -platform boarding, and separate branding of the service. Agencies typically use off -board fare collection as well. This is often a lower -cost alternative to light rai1.1187 This is consistent with a similar definition and BRT standards maintained by the Institute for Transportation & Development Policy. 88 The following services operated by transit agencies in Washington are examples of BRT: • King County RapidRide routes. • Sound Transit Stride routes. • Community Transit Swift routes. • Spokane Transit Authority City Line. • C-TRAN BRT routes. 86 See the Sound Transit "service changes" webpage for the latest information, including an email contact and subscription for service changes. https://www.soundtransit.org/ride-with-us/changes-affect-my-ride/service-changes 87 "National Transit Database (NTD) Glossary." Federal Transit Administration. https://www.transit.dot.gov/ntd/national-transit- database-ntd-glossary. See also: https://www.transit.dot.gov/research-innovation/bus-rapid-transit 88 "What is BRTT' Institute for Transportation & Development Policy. https://www.itdp.org/library/standards-and-guides/the-bus-rapid- transit-standard/what-is-brt/ JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 70 V3.1 I Packet Pg. 131 Transit -Oriented Development 3.d Cities should consider going beyond the requirements of RCW 36.70A.635(1) near major transit stops and permitting transit -oriented densities, multifamily housing, and a variety of non-residential uses. The Department of Commerce provides many transit -oriented development (TOD) resources, including grant funding for TOD planning and examples of TOD planning documents.89 See also the TOD page from the Municipal Research and Services Center.90 Measuring Walking Distance Cities with major transit stops (RCW 36.70.030(25)) must consider both unit density increases, and specific middle housing parking requirements based on distance to the major transit stop. Tier 1 cities must allow at least six units per lot on all lots zoned predominantly for residential use within one -quarter mile walking distance of a major transit stop while Tier 2 cities must allow at least four units per lot within one -quarter mile walking distance of a major transit stop. For all cities subject to RCW 36.70A.635(1), no parking is required for middle housing within one-half mile walking distance of a major transit stop.91 Cities can measure distances from major transit stops in at least two different ways. Each method comes with advantages and disadvantages. The chosen methodology should be identified in the code, perhaps within a definition of "walking distance", to ensure the methodology is consistently applied and measured over time. Inclusion of the walking distance area on the zoning map, would offer greater certainty to property owners and others as to which parcels are and are not included in the walking distance requirements of a major transit stop. A potential downside to this approach is the need to go through a procedural process to amend the zoning map should the walking distance need to be amended over time due to physical improvements that change the walking distance or routes. For both methods it is important to consider whether to place a center point of the major transit stop or use the perimeter of the major transit stop. In general, separate radii should be drawn for each boarding and alighting point if they are separated by more than 100 feet, such as a north -bound and a south -bound bus stops that are located at opposite ends of a block. For large major transit stops, such as a rail station, the most straightforward approach is to locate center points in the middle of the station of platforms. However, the optimal approach should always be determined using the best judgement of the jurisdiction. Radius I� P men I Emill 111111111hol 00000EVIaoo Path -Finding Conceptual illustration of different methods for measuring walking distance. Source. MAKERS 89 https://www.ezview.wa.gov/site/alias-2000/37739/library.a3px 90 "Transit -Oriented Development." Municipal Research Service Center. https://mrsc.org/explore-topics/planning/development-types- and-land-uses/transit-oriented-development 91 Walking at three miles per hour, a typical speed for an able-bodied person, means a one -quarter distance is a five-minute walk and a half -mile distance is a ten-minute walk. JANUARY 26, 20241 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 132 3.d Radius In this approach, a circle is centered on the major transit stop and the radius of the circle is the required distance (one -quarter mile or one-half mile). All lots zoned predominantly for residential use which are fully within the circle should be applicable. Lots which are partially within the circle should also be applicable in order to increase housing capacity near major transit stops, though a city can also set other criteria such as at least 5O% of a lot or a minimum amount of lot area is in the circle for the lot to be included. This method has the advantage of being easy to execute. A consideration is where precisely the circle is centered for large major transit stops, such as a rail station; the approximate center of the stop or platforms is most straightforward and avoids potential complexities with using pedestrian entrances and property boundaries - however, this should be determined on a case -by -case basis using the best judgement of the city. This method has the disadvantage of not accounting for conditions that can constrain walkability and reduce the actual area that is in reasonable walking distance of the major transit stop, such as terrain, water bodies, missing pedestrian routes, or infrastructure barriers. This disadvantage could be overcome by first drawing the circle and then customizing it to remove areas which are not reasonably in walking distance due to local conditions. Areas which are removed should have documentation explaining why they are exempt. Path -Finding In this approach, actual walking paths extending from a major transit stop for the required walking distance (one -quarter mile or one-half mile) are mapped using a geospatial analysis of the local street network and other pedestrian routes such as off-street trails. All lots zoned predominantly for residential use which touch the walking paths are applicable. This method has the advantage of more accurately capturing lots within actual walking distance of major transit stops. This method has the disadvantage of requiring access to geospatial analysis software and the skills, funding, and time to employ it. This method also requires that the analysis be repeated from time -to -time to account for changes to pedestrian infrastructure. In some cases, these disadvantages could be overcome by hiring an outside consultant who specializes in geospatial analysis. Network analysis results created for this purpose should be displayed on zoning maps and made available for download on public geographic information system (GIS) databases, if possible. This method has the disadvantage of requiring access to geospatial analysis software and the skills, funding, and time to employ it. This method also requires that the analysis be repeated from time -to -time to account for changes to pedestrian infrastructure. In some cases, these disadvantages could be overcome by hiring an outside consultant who specializes in geospatial analysis. Future Major Transit Stops The definition of "Major transit stop" (RCW 36.70A.030(25)) and references to "Major transit stop" in RCW 36.70A.635 do not specify if or when to apply applicable requirements to future major transit stops which are in planning or construction. Should a new major transit stop be planned in a city with unit per lot and/or parking requirements related to transit, then Commerce recommends that the unit per lot and parking requirements of RCW 36.70A.635 apply to that new major transit stop but be implemented when the major transit stop is open for public use. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 133 3.d A jurisdiction may plan for transit -oriented development around future major transit stops. The extent and level of that planning may vary depending on the type of major transit stop. The opening of a light rail station may be preceded by years of station area planning to identify land use and zoning designations. Bus rapid transit facilities may involve a less elaborate and less detailed station area planning process. Experience has shown that property acquisition and transit -oriented development may occur far in advance of the opening of a major transit stop, particularly for high -capacity transit such as light rail. Cities should consider adopting higher densities (above those required by RCW 36.70A.635) near and around major transit stops to allow for a higher level of housing production, even in advance of the major transit stop opening. For all major transit stops, implementation of parking requirement and unit per lot densities in RCW 36.70A.635 should be implemented as soon as the walking distance measurements can be accurately determined. Final design of the major transit stop should provide sufficient information to determine the one - quarter mile and one-half mile walking distances for lots subject to unit density and parking provisions in the Model Ordinance (see User Guide Chapters 2.5 - Unit Density and Affordable Housing and 2.6 - Middle Housing Types). At the very latest, it is recommended that implementation of unit density and off-street parking requirements should occur no later than the opening of the major transit stop for use by the public. 3.3 — Declarations and Governing Documents While cities may review declarations and governing documents as part of a subdivision process or other development application, cities do not have the authority or obligation to enforce or invalidate them. Cities should, however, be aware of the following new provisions in state law and could help educate property owners and associations about these: • Homeowners' association governing documents created after July 23, 2023, pursuant to Chapter 64.38 RCW may not actively or effectively prohibit the construction, development, or use of additional housing units as required in RCW 36.70A.635.92 • Condominium declarations created after July 23, 2023, pursuant to Chapter 64.34 RCW may not actively or effectively prohibit the construction, development, or use of additional housing units as required in RCW 36.70A.635.93 • Common interest community declarations and governing documents created after July 23, 2023, pursuant to Chapter 64.90 RCW may not actively or effectively prohibit the construction, development, or use of additional housing units as required in RCW 36.70A.635.94 • Association of apartment owners declarations created after July 23, 2023, pursuant to Chapter 64.32 RCW may not actively or effectively prohibit the construction, development, or use of additional housing units as required in RCW 36.70A.635.95 Existing declarations and governing documents cannot be amended in order to prohibit middle housing, but different design standards could be applied to middle housing. As cities do not have the authority to invalidate such declarations and governing documents, a challenge to a covenant would come from a third - party lawsuit. 92 RCW 64.38.150 93 RCW 64.34.110 94 RCW 64.90.340 95 RCW 34.32.330 JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 73 Packet Pg. 134 3.d 3.4 - State Environmental Policy Act (SEPA) Under RCW 36.70A.600(1), cities are also encouraged to amend local environmental regulations and take the following actions to increase residential building capacity: • Adopt a subarea plan pursuant to RCW 43.21 C.420 • Adopt a planned action pursuant to RCW 43.21 C.440(1)(b)(ii) • Adopt increases in categorical exemptions pursuant to RCW 43.21 C.229 for residential or mixed -use development. • Adopt maximum allowable exemption levels in WAC 197-11-800(1) The adoption of ordinances, development regulations and amendments to such regulations, and other non - project actions taken by a city to implement any actions specified in RCW 36.70A.600(1), with the exception of adopting subarea plans, are not subject to administrative or judicial appeal under SEPA (RCW 43.21 C). 3.5 - Building Code Cities should be aware that structures with three or more units fall under the International Building Code (IBC) and are subject to a more extensive and costly standards than one- or two -unit structures which fall under the International Residential Code (IRC). The IRC applies to buildings with one or two dwelling units and townhouses not more than three stories above grade and with a separate means of egress. The difference in middle housing types covered by the two building codes will affect the construction and affordability of middle housing types with three or more units in one structure. Cities that want to increase flexibility should examine updating their locally adopted version of the IRC and IBC to allow structures with up to six units to be built under the International Residential Code. Cities could also consider supporting any future version of 2023 House Bill 1167, which would make middle housing related building code changes for the entire state. • A Trailblazing Reform Supports Small -Scale Development in Memphis." Strong Towns. January 2022. • Memphis, TN Amends Local Building Code to Allow up to Six Units Under Residential Building Code (IRC) to Enable Missing Middle Housing." Opticos Design. January 2022. • State of North Carolina changes IRC to allow up to four units. • The political movement to limit multifamily by limiting the IRC code (Strong Towns, 2023; Baar, 2007) 3.6 - Critical Areas As mentioned earlier in the User Guide, RCW 36.70A.635(8)(a) states that the provision of RCW 36.70A.635 do not apply to critical areas or their buffers. RCW 36,79A,030(11) identifies defines critical areas as: • Wetlands • Areas with a critical recharging effect on aquifers used for potable water • Fish and wildlife habitat conservation areas • Frequently flooded areas • Geologically hazardous areas This User Guide recommends that cities still allow for middle housing on critical areas, applying the city's critical areas regulations to middle housing development. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 135 3.d While the diversity of critical area types and extent of critical areas in a jurisdiction will vary, two critical areas that have the possibility of taking up large areas of a jurisdiction residential (and non-residential) land area: frequently flooded areas and aquifer recharge areas. Frequently Flooded Areas "Frequently flooded area" (FFA) is a critical area designation that can be applied by local jurisdictions to areas with a known flood risk. The Washington State Department of Commerce Critical Areas handbook states that frequently flooded areas should include, at a minimum, the 100- year floodplain designations of the Federal Emergency Management Agency (FEMA) and the National Flood Insurance Program (NFIP), known as the "special flood hazard area." Many communities have incorporated the NFIP standards into their frequently flooded area codes and deem this sufficient. This can meet the minimum requirements if there are no special circumstances. However, FEMA maps do not address all of the flood risk in communities and frequently flooded area designation should be based on best available science. Local governments are encouraged to consider additional flood risks in their communities. For more information, see the Critical Areas Handbook.9e Critical Aquifer Recharge Areas Critical aquifer recharge areas (CARAs) are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge. The quality and quantity of groundwater in an aquifer is inextricably linked to its recharge area. The Commerce Critical Areas Handbook discusses the designation, classification and protection of CARA's. Protection of CARA's may require additional precautions for land uses located in CARAs, particularly those land use types that may have activities that could contribute to contamination of an aquifer. Examples might include car -related uses with special concerns for petrochemical leaks, illegal dumping, tire piles, auto graveyards, car washes, chemical storage, and warehousing. Protection of CARA's may also take the form of existing groundwater protection programs for Sole source aquifer recharge areas, groundwater management areas and source water/wellhead protection areas. For more information, see the Critical Areas Handbook. Reasonable Use In addition to specific types of critical areas, local government critical areas ordinances have reasonable use provisions. Reasonable use permitting is a process that seeks to ensure that property owners can maintain a minimum "reasonable use" of their property, despite restrictions that are imposed by critical areas restrictions or other environmental laws. This process seeks to avoid a "taking" of property in contravention of rights established in the Fifth Amendment and Fourteenth Amendment of the U.S. Constitution and interpreted through decades of judicial rulings. For residential zones, a minimal reasonable use may be a modest detached single-family residence, the size of which must meet applicable local reasonable use standards and criteria. It is unlikely that middle housing would be considered a reasonable use compared to a single-family residence in general, especially if the middle housing proposal would have more impact on the critical area. For more information, see the Commerce Critical Areas Handbook. 96 "Critical Areas Handbook." Department of Commerce. https://deptofcommerce.app.box.com/s/rlys4rfvrxpxwnm9bvbcd3lc7bil9ntp JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 75 V3.1 I Packet Pg. 136 3.d 3.7 — Subdivisions General subdivision considerations are noted below. See also the discussion of unit lot subdivisions in User Guide Chapter 4.2. Subdivision Alterations Generally, when any person is interested in the alteration of an existing subdivision a subdivision alteration may be required pursuant to RCW 58.17.215. However, a city may provide an exception to the subdivision alteration process for middle housing unit lot subdivisions under RCW 36.70A.635(5) if the unit lots created: 1, do not amend existing conditions of approval of previously platted property; 2) would not result in the violation of a condition on the face of the plat; and 3) would not result in the violation of a covenant of the plat. Otherwise, a new subdivision would be required. When a subdivision alteration is required, the statute provides options which could make the process easier to work through. A subdivision alteration application only requires the signature of a majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the alteration only impacts a portion of the lots within a subdivision versus a proposal to remove an easement impacting all properties, for example, then only the majority of property owners within the area altered should need to sign the subdivision alteration application. The statute also allows making a hearing on the subdivision alteration optional. While notice of the alteration is required to be sent to all property owners in a subdivision, a hearing is only required if requested within 14 days of receipt of the notice. Alleys Under the provisions of RCW 36.70A.635(6)(b), alleys cannot be required for middle housing subdivisions if they are not also required for single-family subdivisions. Alleys are useful for the configuration of middle housing because they allow vehicle parking, services, and utilities to be collected in the rear of a development and create a more walkable streetscape in front of the lot. Alleys are particularly helpful for increasing the design flexibility of narrow lots. Cities can consider requiring new subdivisions, including unit lot subdivisions, to include alley -access lots, but this should be balanced with physical and economic considerations. Alleys require more land or shallower lots than a subdivision without alleys. Alleys may also add infrastructure costs for development. On a neighborhood or citywide scale, alleys may have limited benefits if new alleys are not part of a continuous alley network outside of the subdivision. One option is to only require alleys in new subdivisions over a certain size for economy of scale (e.g., 10 acres) and/or if alleys are part of the existing street network in the vicinity. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 76 V3.1 I Packet Pg. 137 3.d 4.0 - Integration with Other State Law Requirements 4.1 — HB 1337 and Accessory Dwelling Units HB 1337, codified in part under RCW 36.70A.681(1)(c), requires cities and counties to allow at least two accessory dwelling units (ADUs) on all lots that are located in all zoning districts within an urban growth area that allow for single-family homes. For middle housing, RCW 36.70A.635(5) states, in part: "...A city may allow accessory dwelling units to achieve the unit density required in subsection (1) of this section. " Cities may allow ADUs to count towards unit density to help achieve density requirements. The key word "may" indicates that counting ADUs toward middle housing unit density is voluntary. The Model Ordinances do not predetermine whether a city will or will not count ADU's towards unit density under RCW 36.70A.635(5). Cities that choose not to count ADUs towards unit density should allow at least two ADUs per lot on all lots that are located in all zoning districts within an urban growth area that allow for single- family homes, as long as they comply with other regulations for ADU development. Cities that choose to count ADUs towards units density should carefully review RCW 36.70A.635(5) which states, in part, (5) A city must allow at least six of the nine types of middle housing.... A city may allow accessory dwelling units to achieve the unit density required in subsection (1) of this section. Cities are not required to allow accessory dwelling units or middle housing types beyond the density requirements in subsection (1) of this section...." Configurations allowed if City counts ADUs towards HB 1110 unit density Unit Unit ADU Unit Unit Additional configurations allowed if city does not count ADUs towards unit density LEI ADU ADU Unit ADU ADU Unit ADU Configurations allowed in the Model Ordinances where the base unit density is two units on lots zoned predominantly for residential use. Source: MAKERS Since cities are not required to allow ADUs beyond the minimum unit density requirements for their tier, a scenario could present itself where at least two ADU's would not be allowed. For example, a Tier 1 city that allows up to four units per lot, and counts ADU's towards unit density, could allow a triplex and an ADU to achieve the four units per lot. As RCW 36.70A.635 states that a city is not required to allow accessory dwelling units beyond the four unit density requirement, then depending on the city's code a second ADU might not be allowed on the lot. As this represents a conflict between the requirements of the accessory dwelling unit legislation passed in 2023 (HB 1337) with HB 1110's unit density provisions, it is recommended that cities consult with their city attorney on this issue when drafting middle housing development regulations. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 138 3.d ADUs do not count as a middle housing type and, therefore, do not count towards the requirement of allowing six of nine middle housing types or four of nine middle housing types for Tier 3 cities. Cities choosing to count accessory dwelling units as part of "unit density" and adopting the term in local code can consider updating the definition to include accessory units. See unit density definition in Model Ordinance Section 3. Also refer to the Department of Commerce ADU Guidebook. 4.2 - SB 5258 and Unit Lot Subdivisions Senate Bill 5258 (2023), codified in RCW 58.17.060(3), requires: All cities, towns, and counties shall include in their short plat regulations procedures for unit lot subdivisions allowing division of a parent lot into separately owned unit lots. Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners' association comprised of the owners of the individual unit lots. Jurisdictions must implement this requirement by their next periodic comprehensive plan update. This chapter provides model unit lot subdivision standards with provisions commonly used by Washington cities that allow and regulate unit lot subdivisions. Unit lot subdivisions are almost exclusively used in conjunction with middle housing. The model unit lot subdivision standards below should be supplemented with approval findings, which may or may not be similar to required findings for short subdivision or subdivision. Jurisdictions may also with to amend their local project review requirement to specify submittal materials for unit lot subdivision permit applications, should they differ from short subdivision or subdivision requirements. Model Unit Lot Subdivision Standards X. Unit lot subdivisions. A lot may be divided into separately owned unit lots and common areas, provided the following standards are met.97 Process. Unit lot subdivisions shall follow the application, review, and approval procedures for a short subdivision or subdivision, depending on the number of lots. 2. Applicability. A lot to be developed with middle housing or multiple detached single-family residences, in which no dwelling units are stacked on another dwelling unit or other use, may be subdivided into individual unit lots as provided herein. 3. Development as a whole on the parent lot, rather than individual unit lots, shall comply with applicable unit density and dimensional standards. 4. Subsequent platting actions and additions or modifications to structure(s) may not create or increase any nonconformity of the parent lot. 5. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners' 97 RCW 58.17.060(3) JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 139 3.d association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; bike parking; solid waste collection areas; underground utilities; common open space; shared interior walls; exterior building facades and roofs; and other similar features shall be recorded with the county auditor. 6. Within the parent lot, required parking for a dwelling unit maybe provided on a different unit lot than the lot with the dwelling unit for which the parking serves, as long as the right to use the parking is included in notes on the face of the plat or short plat or formalized by an easement recorded with the county auditor. 7. Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners' association comprised of the owners of the individual unit lots. 9s 8. Notes shall be placed on the face of the plat or short plat as recorded with the county auditor to state the following: a. The title of the plat shall include the phrase "Unit Lot Subdivision." b. Approval of the development on each unit lot was granted by the review of the development, as a whole, on the parent lot. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the public works department. All development shall be subject to any conditions imposed by the city on the preliminary approval. 10. Revision and Expiration. Unit lot subdivisions follow the revision and expiration procedures for a short subdivision. 11. Definitions. a. "Lot, parent" means a lot which is subdivided into unit lots through the unit lot subdivision process. b. "Lot, unit" means a subdivided lot, that allows up to one dwelling unit, created from a parent lot and approved through the unit lot subdivision process. c. "Unit lot subdivision" means the division of a parent lot into two or more unit lots within a development and approved through the unit lot subdivision process. 98 The owner of a detached single-family residence may propose developing middle housing on their lot while retaining ownership of the existing residence using unit lot subdivision. When the subdivision occurs, the existing residence must be placed on its own unit lot. This is because the unit lots are each regular sellable lots with their own parcel identification number. Alternatively, if the existing residence is being converted to a non-residential use, standard (A)(7) may apply so it is owned in common. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 140 3.d Local Policy Choice Short Subdivisions RCW 36.70A.635(5) states, in part: ... A city must also allow zero lot line short subdivision where the number of lots created is equal to the unit density required in subsection (1) of this section. As Tier 1 cities must allow up to six units per lot, then they must allow at least six lots to be created in through a short subdivision process. Under RCW 58.17.020(6), a "short subdivision" is the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. However, RCW 58.17.020(6) states that the legislative authority of any city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine.99 At a minimum, however, Tier 1 cities who limit short subdivisions to four lots need to raise the number to six lots. All cities and towns interested in streamlining the subdivision process and promoting middle housing should set the maximum number of lots, tracts or parcels that can be created in a short subdivision to nine, as authorized by RCW 58.17.020(6) and encouraged by RCW 36.70A.600(1)(k). Short subdivisions require an administrative process and are typically reviewed and approved on a faster timeline than a subdivision. Administrative Review of Preliminary and Final Plats RCW 36.70A.600(1) encourages cities to: • Adopt standards for administrative approval of final plats pursuant to RCW 58.17.100 • Adopt ordinances authorizing administrative review of preliminary plats pursuant to RCW 58.17.095 Discussion About Unit Lot Subdivisions Unit lot subdivisions are almost exclusively used in conjunction with middle housing. This type of subdivision uses the same procedures for a short plat or plat, depending on the number of unit lots being created. The unit lots created by this type of subdivision are regular sellable lots with their own parcel identification number but enjoy relaxed application of dimensional standards for the zone. The below graphic shows two conceptual unit lot subdivision plats and how unit lots and the parent lot interact with setback standards. Parent Lot Unit Lot Owned in Common Parent Lot Setbacks ---------------- or Cottag Unit Ixi OF,off =t Unit Unit 5 V104 r—Ott tage Cottage Cottage Street Street Two examples of situations in which unit lot subdivision would be used. Source: MAKERS 99 This authority was established in 2002 by SB 5832. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 141 3.d Any type of dwelling unit which is stacked above another dwelling unit or other use cannot be part of a unit lot subdivision. This restriction is because individual lots are created with individual land ownership, and so each unit must have its entire footprint on the land associated with it. Stacked flats and other forms of middle housing with units separated by floors are therefore ineligible for a unit lot subdivision. Multiplex configurations where an upper -floor unit has an entry on the ground floor but the majority of the unit is on an s upper -floor are also ineligible for a unit lot subdivision. 2 Unit Density in Unit Lot Subdivisions The unit density standards apply to all existing and future lots in relevant zones. New middle housing development must conform to zoning, including density limits. Once a middle housing development has been constructed, the unit lot subdivision can be used to create new lots that are non -conforming with zoning regulations such as minimum lot size, setbacks, coverage, and/or FAR. Because the new unit lots are in non- conformance with zoning, no new development may be permitted on the unit lots. Units up to the unit density limit (two, four, or six) are allowed on each unit lot, but since it is impossible to further develop the unit lot, functionally no additional density may be added. Minimum lot size: 7,000 SF Short Subdivision Unit Lot Subdivision Lot area: 15,000 SF Lot area: 7,500 SF each Unit lots: 1,875 SF each Development is No further development is permitted on each lot permitted due to non-conformance Zero Lot Line The term "zero lot line" is used in several times in RCW 36.70A.635. State law does not define "zero lot line" nor "zero lot line subdivision." Cities should interpret "zero lot line" to mean the physical state of a building located, or permitted to be located, on one or more property lines on a lot. This state can be achieved where a zoning setback requirement is zero feet, within an attached townhouse developments on individual lots are allowed, or through other code mechanisms. This can also be achieved development in a unit lot subdivision; subsection (A)(3) in the example text helps cities comply with RCW 36.70A.635(5). References Examples of unit lot subdivision standards adopted by Washington cities: • Snohomish Municipal Code 14.215.125 • Shoreline Municipal Code 20.30.410(B)(4) • Wenatchee Municipal Code 11.32.080 • Everett Municipal Code 19.27 Citv of Alaona — Unit Lot Subdivision Freauentiv Asked Questions and TiDs (Short City of Bellevue — Unit Lot Subdivision Project Page and Code Amendments JANUARY 26, 20241 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 142 3.d 4.3 — HB 1220 and Housing Elements In 2021, the Washington Legislature changed the way communities are required to plan for housing. House Bill 1220 (2021) amended the Growth Management Act (GMA) housing goal to guide local governments to "plan for and accommodate" housing affordable to all income levels. This significantly strengthened the previous housing goal, which was to "encourage" affordable housing. HB 1220, codified in RCW 36.70A.O20(4). RCW 36.7OA.03O, RCW 36.70A.O70(2), RCW 36.70A.390, RCW 35A.21.43O, and RCW 35.22.683 includes direction to the Department of Commerce to provide existing and projected housing needs for communities in Washington, including units for moderate, low, very low and extremely low-income households, and for emergency housing, emergency shelters and permanent supportive housing. Emergency housing/shelters I NA Extremely Low I 0-30% AMI, including some permanent supportive housing Very Low 1 >30-50% Low 1 >50-80% Moderate 1 >80-120% Other I Above 120% Affordability levels defined in RCW 36.70A.030 Some, but not all, middle housing types allowed under RCW 36.70A.635 can help meet housing needs for moderate income households in the 80-12O% Area Median Income (AMI) band required under RCW 36.70A.070(2). While there is a wide range of housing affordability outcomes that could be possible through middle housing development given the diverse market conditions across Washington, there are some middle housing types that have been found to be affordable for households in the 80-120% AMI band.100 Those types are: • Fourplexes • Fiveplexes • Sixplexes • Townhouses • Stacked flats • Courtyard apartments • Cottage housing too This has been documented through technical support materials developed by the Department of Commerce as well as analysis conducted by some individual cities. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 Packet Pg. 143 3.d Additional review to verify this finding at the local level is recommended, such as through a housing needs assessment created for a comprehensive plan or housing action plan.101 Allowing for greater housing choices within areas that have historically excluded by race will also assist in meeting housing element goals to address past practices and policies that have contributed to racially disparate impacts and exclusion.)oz While these middle housing types could be built to meet the need for moderate -income housing, development standards that physically allow and encourage these housing types are required to actually see that housing development occur at income levels that cities and counties are planning for. Development standards including parking requirements, square footage allowances, density allowances, minimum lot sizes, and other dimensional standards need to be adopted. Additionally, fee structures and review procedures need to encourage these housing types over other less dense and more expensive housing types, such as detached single-family residences. In Kitsap, King, Pierce and Snohomish Counties, cities can use a pro -forma tool developed by Cascadia Partners in coordination with the Department of Commerce to evaluate how middle housing outcomes could be accounted for using regulatory inputs customized by each city.103 A jurisdiction can enter information about the density, height, setback, parking and other restrictions of a zone, in combination with land values, and determine what income level housing in that zone could serve. More details on this tool are available on Commerce's middle housing webpage under "Middle Housing Resources.""' If a city were to conduct its own analysis regarding the combined effectiveness of affordability requirements, density bonuses, and other regulatory and financial incentives a city may determine that it could reasonably count a share of housing built under HB 1110 in the low income (50-80%) AMI income bracket. If there is a precedent in a jurisdiction for affordable housing density bonuses to yield affordable housing, or a comparable jurisdiction with a similar housing market yields such housing, a jurisdiction may use this information to assume a small percentage of new units might develop in the <80% AMI income bracket.105 101 See the Department of Commerce guidebook for developing a housing needs assessment. 102 See the Department of Commerce guidance on addressing racially disparate impacts. 103 Pro -forma tool for PSRC region: https://deptofcommerce.box.com/s/csph6h612vbr47yovggxtszdd5s7w03g90 104 https://www.commerce.wa.gov/serving-communities/growth-management/growth-management-topics/planning-for-middle- housin 101 https://deptofcommerce.app.box.com/s/1 d9d517g509r389fOm6powh8is4pirlh (page 35) JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 144 3.d 4.4 — Land Use Elements and Land Capacity Overview Development feasibility analysis of middle housing types in communities across Washington indicates that there is a wide range of potential development outcomes that could be reasonable to expect over a 20-year planning horizon. Development outcomes, and an understanding of potential development capacity, from middle housing allowances can vary greatly depending on macro -economic conditions as well as local market conditions such as achievable pricing and demand, as well as land availability for vacant, infill, and redevelopment sites. These analyses conducted across cities in Washington have estimated that a range of three to 15 percent of parcels across a city could reasonably be expected to develop or redevelop as middle housing over a 20-year planning horizon.106 Analysis conducted by the Puget Sound Regional Council on the development and redevelopment impacts of HB 1110 estimated that approximately 9% of parcels in Puget Sound Tier 1, Tier 2, and Tier 3 cities could be expected to develop or redevelop over a 20-30 year time period in their mid -high development scenario.107 Additionally, analysis of middle housing development feasibility on greenfield sites in cities with high demand for housing indicates that nearly 50% of housing types built as part of larger planned development projects could likely be middle housing types with the remaining 50% built as traditional detached single -dwelling units. In conversations with developers there are a variety of reasons why middle housing could make up a large share of overall housing types built on greenfield sites. Middle housing allows developers to capture a broader range of market segments, housing can be offered at lower price points that have more demand when feasible, and it allows developers to increase the overall sales volume and productivity of development on greenfield sites.101 Not all sites that are zoned for middle housing will develop or redevelop as middle housing. In addition to sites needing appropriate zoning for development, middle housing also needs to be physically and financially feasible, there needs to be builders who are familiar with building middle housing, sites need to be for sale or have property owner interest in selling, market timing must be appropriate, and there must be sufficient demand for middle housing types in these locations. 106 "Housing Action Plan Implementation." City of Auburn, presentation to Planning Commission, January 4, 2023. https://webl i nk. auburnwa.gov/External/DocView.aspx?id=485625&dbid=0&repo=CityofAuburn 107 TSSBHB1110: Development & Redevelopment Impacts." Puget Sound Regional Council. https://www.psrc.org/media/7556 108 "2040 Urban Growth Management Decision: Middle Housing Potential." Oregon Metro, MTAC Presentation, May 2023. https://www.oregonmetro.gov/sites/default/files/metro-events/MTAC-meeti ng-packet-May-17-2023-fi nal. pdf JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE R, V3.1 I Packet Pg. 145 3.d Physical & Financial Feasibility Property for Sale / Property Owner Interest Viable Sites Available for Infill / Redevelopment Market Timing, Other Ways to Add Value to Site, Market Depth / Demand Infill / Redevelopment Occurs Source: ECONorthwest The land capacity analysis process. Source: ECONorthwest Considerations for Land Capacity Analysis The Department of Commerce has recently developed guidance for cities who are updating their Housing Elements as part of their Comprehensive Plan Updates and has identified high-level guidance for how cities can approach thinking about land capacity analysis specific to HB1110 requirements.'09 When considering land capacity under HB1110, cities should consider: 1. Which lots would be potentially redevelopable (i.e., those without homeowner association restrictions, those that are vacant or have only one dwelling unit, those with a developable area over 2,000 square feet, etc.). 2. Of the lots in Step 1, determine which subset of lots may economically make sense to redevelop. A starting point for this analysis could be where to the land value is greater than the improvement value and the built square footage is less than 1,400 square feet. 3. Estimate the total development potential of lots selected through Step 2, i.e., the maximum number of dwelling units allowed to be developed on these lots net of existing units. Then determine what percentage of the development potential (or net maximum dwelling units) could reasonably be expected to redevelop over the 20-year planning period. It is also helpful to remember that assumed densities, justifications for assumed densities, and potential development outcomes for middle housing will be different than those that have been observed for detached single dwelling development, multifamily development, and mixed -use development. Cities can reference the anticipated development outcomes identified at the beginning of this chapter (a three to 15 percent parcel redevelopment rate) as comparison points to understand how local market dynamics might impact development outcomes in their own jurisdictions. In identifying assumed development rates for land capacity analysis, cities should incorporate information about local market conditions and real estate market dynamics. 101 "Guidance for Updating Your Housing Element." Department of Commerce. https://deptof commerce. a pp. box.com/s/1 d9d5l7g509r389fOmjpowh8isjpirlh JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 146 3.d Lessons Learned from Other States Oregon's Administrative Rules (OAR) for implementation of House Bill (HB) 2001 can provide some guidance on how other states have considered middle housing development and land capacity analyses. The OAR identifies a maximum of 3% increase in the number of dwelling units produced due to middle housing allowances within the specified residential zone(s), above the baseline estimate of land capacity prior to allowing middle housing types within a 20-year planning horizon. However, Oregon jurisdictions can conduct their own analyses to make a case for a higher share of dwelling units that could reasonably be delivered. Oregon's approach takes a conservative path to account for development capacity while putting the burden of proof on cities to demonstrate why an increased middle housing development rate is warranted. Some communities in Oregon did opt to conduct analyses to better understand how they can reasonably account for new middle housing allowances required under HB 2001. For example, Washington County found that, on average, 3% of parcels are feasible for development across all urban unincorporated areas but that the rates of development feasibility ranged from less than 1 % in some neighborhoods to more than 6% in other neighborhoods. Analysis conducted in Milwaukie, Oregon estimated that 8% of parcels are feasible for redevelopment while 14% of parcels may have feasible infill potential on vacant portions of sites when an existing house was retained. Future Land Use Designations and Policies Cities' comprehensive plan land use elements often have policies and land use designations based on unit -per - acre densities. Such unit -per -acre density numbers may be incompatible with the measure of "unit density" per lot introduced by RCW 36.70A.635, as "unit density" does not consider lot size and land area. Cities subject to RCW 36.70A.635 will need to consider how their land use element uses "density" to describe future residential land use designations. For example, if a Tier 3 City currently describes a single-family land use designation as having a maximum density of five units per acre, such language is now contrary to the provisions of RCW 36.70A.635. Since Tier 3 and Tier 2 cities are subject to a base unit density of two units per lot, the overall density on an approximately 8,700 square foot lot could double and be up to ten units per acre. Additionally, with the middle housing requirements of HB 1110, some cities are rethinking the naming conventions for residential land use designations and zones. While cities are not required to remove "single family" from the names of future land use designations and zones, some cities have already chosen this route to avoid the strict single-family connotations. For example, the City of Walla Walla has renamed its previous "single family" zones as "Neighborhood Residential" zones" which allow both detached and middle housing types. Other cities are simply using the terms like "Residential Low" and "Residential High" which allow more flexibility to adjust the mix of housing types. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 Packet Pg. 147 3.d 4.5 - SB 5058, SB 5258, and Condominium Buildings Effective July 23, 2023, the definition of a "multiunit residential building" in Washington's condominium construction defect disputes law now exempts buildings with 12 or fewer units and with two stories or less. See RCW 64.55.010(6). This ends requirements for developers of such buildings to: • Submit a building enclosure design document to the building authority before obtaining a building permit. • Obtain a building enclosure inspection by a qualified building inspector during construction or rehabilitative construction. Obtain a building enclosure inspection by a qualified building inspector before conveyance of a condominium unit. These requirements for condominium buildings can add time and expense to the development of condominium units, as compared to middle housing or multifamily buildings with rental units which do not have these requirements. SB 5058 may have the effect of encouraging the development of 2-12 unit condominium buildings, including middle housing buildings, and therefore increasing homeownership opportunities. Senate Bill 5258 also revised condominium law to accelerate the timelines for the right -to -cure process when claims are made for construction defects and requires a written report from a qualified construction defect professional. The bill also exempts condominium and townhouse sales to first-time homebuyers from the real estate excise tax. See RCW 64.50.030(1) through (3) and RCW 82.45.240. To leverage these bills, cities and counties could consider where there are opportunities to allow up to twelve units per lot and provide other incentives for condominium and townhouse development. 4.6 - SB 5235 and "Family" Definition Effective July 25, 2021, cities and towns may not limit household occupancy based on the number of unrelated persons. This may affect the definition of "family" and related terms like "single family" and "multifamily" in local development regulations. RCW 35.21.682 was added by Senate Bill 5235 with this provision: "Except for occupant limits on group living arrangements regulated under state law or on short-term rentals as defined in RCW 64.37.010 and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building code or city ordinance, a code city may not regulate or limit the number of unrelated persons that may occupy a household or dwelling unit." Cities may limit allowed occupant load per square foot for health and safety reasons. Refer to the state building code and any local building code amendments."' 110 WAC 51-50-1004 JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 148 3.d 4.7 — SB 5258 and Impact Fees Senate Bill 5258 (2023) requires local jurisdictions which apply impact fees to adopt a fee schedule that reflects the proportionate impact of new smaller housing units based on the number of trips generated (for y transportation impact fees only), the square footage of a dwelling unit, or the number of bedrooms in a dwelling unit. See RCW 82.02.060(1). Under RCW 82.02.060(10), jurisdictions must comply with these requirements within six months after the jurisdiction's next periodic comprehensive plan update required under RCW 36.70A.130. Also note that RCW 36.70A.681(1)(a) requires impact fees for accessory dwelling units to not be greater than 50% of the fees that would be charged for the principal unit on the lot (typically a single-family home). More information on impact fees is available from the Municipal Research and Services Center (MRSC).11' Local jurisdictions in Washington may impose impact fees for one or more of the following: • Public streets and roads. • Publicly owned parks, open space, and recreation facilities. • School facilities. • Fire protection facilities. Middle housing dwelling units are generally smaller than new detached single-family residences. Many cities vary impact fees by the size or type of the unit and exempt certain types of single-family residences from some or all impacts fees when they are trying to promote that housing type. In some cases, impact fee schedules make no distinctions for middle housing types and by default they may be classified as single-family, therefore incurring higher costs and a disincentive to their development. As noted above, fee structures which accommodate middle housing can help make middle housing more economically feasible to develop. Cities and counties updating impact fees which may affect non -city service providers (e.g., school districts) should coordinate with those service providers on impact fee schedules and capital facilities plans. "I "Impact Fees." Municipal Research Service Center. https://mrsc.orci/explore-topics/planning/land-use-administration/impact-fees JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 88 V3.1 I Packet Pg. 149 3.d The table below shows a general example of park impact fees imposed on different housing unit types and options a city might take to implement for adjustment under RCW 82.02.060(1). Single-family home, 2,500 $4,000 square feet, four bedrooms I ($1.60/SF) $5,875 $4,400 Townhouse unit, 1,500 square $4,000 feet, three bedrooms I ($2.66/SF) $3,525 $3,300 Fourplex unit, 1,100 square $2,500 feet, two bedrooms I ($2.27/SF) $2,585 $2,200 Apartment unit, 900 square $2,500 feet, two bedrooms ($2.77/SF) $2,115 $2,200 Example of park impact fees adjusted per RCW 82.02.060(1) 4.8 - Shoreline Master Programs and Regulations An environmental stakeholder focus group noted that shoreline management and water access are an equity issue with residential shorelines tending to be developed with exclusive higher -cost housing. Shoreline master programs (SMP) are a "development regulation" subject to RCW 36.70A.635(6)(b). This is provided by the definition of "development regulations" under RCW 36.70A.030 and RCW 36.7OA.48O(1) which reads in part: All other portions of the shoreline master program for a county or city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city's development regulations. RCW 36.70A.635(6)(c) states that development permit and environmental review processes related to shoreline regulations under chapter 90.58 RCW are not required to be the same as for detached single-family residences. While RCW 36.70A.635(6)(c) addresses processes, to comply with RCW 36.70A.635(6)(b), cities cannot adopt local policies that result in different land use allowances, shoreline setbacks, and other standards for middle housing which actively or effectively prohibit the development of middle housing in shoreline environments and meeting the density, parking, and other standards of RCW 36.70A.635. However, jurisdictions may still use local discretion to regulate middle housing differently on other issues to protect shoreline ecological function to the extent permitted by Chapter 90.58 RCW and associated rules under Chapter 173-26 WAC. For example, middle housing may require different types of shoreline development permits than detached single-family residences. Chapter 90.58 RCW, Chapter 173-26 WAC, and Ecology - approved local shoreline master programs may restrict development under the goals, policies, purpose, and intent of the Shoreline Master Program. Each SMP contains residential use regulations and development standards which ensure that allowed uses and development remain compatible with the shoreline environment and SMP and allow no net loss of shoreline ecological function. Middle housing still would need to meet SMP critical area, impervious surface, JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 Packet Pg. 150 3.d and vegetation conservation provisions. Within shoreline jurisdiction, zoning code provisions can be applied, but they must be reviewed in addition to the bulk, dimensional, performance, and use standards of the SMP. All new development and uses, including middle housing, can only be authorized through the shoreline permitting system outlined in Chapter 173-27 WAC. Local governments should plan for middle housing within shoreline jurisdiction during a periodic review of their SMP. Review and update of an SMP is required every ten years but can be initiated by a local government outside of the required schedule. Local governments wanting to address middle housing under the authorities of their SMP should consult Washington State Department of Ecology guidance and work closely with their Ecology shoreline planner.112,113,114 References • Department of Ecology — Shoreline Planners Toolbox • Department of Ecology — Shoreline Master Programs Handbook 112 Department of Ecology — Shoreline planning and permitting staff. https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal- management/Shoreline-coastal-planning/Contacts 113 Department of Ecology — Shoreline Master Programs. https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal- management/Shoreline-coastal-planning/Shoreline-Master-Programs 114 "Shoreline Management Act." Municipal Research Service Center. https://mrsc.org/explore-topics/environment/environmental- laws/shoreline-management-act JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE •s V3.1 I Packet Pg. 151 3.d 5.0 - Affordable Housing The housing affordability requirements of RCW 36.70A.635 are included in Section 5 of the Model Ordinance. The requirements apply to Tier 1 and 2 cities, and they function as a unit per lot density increase as described in the table below. Tier 1 14 units per lot 1 6 units per lot, at least 2 of which must be affordable housing Tier 2 12 units per lot 14 units per lot, at least 1 of which must be affordable Affordability requirements of RCW 36.70A.635 What qualifies as "affordable housing" is defined in the Growth Management Act (GMA) under RCW 36.70A.030(5). Affordable housing means units that have costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income does not exceed the following percentages of median household income (MHI) adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development: Rental housing: 60 percent MHI Owner -occupied housing: 80 percent MHI For affordable owner -occupied housing, cities should clearly define affordable sales prices by bedroom size. Sales prices should use a budget -based approach that considers the same factors used by a mortgage lender to qualify a borrower. The budget -based approach includes other monthly housing costs like property taxes, insurance, and homeowner association or condominium owner association fees. For affordable rental housing, if a city has an existing methodology for determining rental housing affordability it should apply that program. Alternatively, cities should refer to the U.S. Department of Housing and Urban Development methodology for determining rental limits. 5.1 - Development Feasibility Analysis Development feasibility analysis conducted in support of this User Guide indicates that affordability requirements in RCW 36.70A.635 could lead to affordable housing development in some markets. The analysis included Tier 1 and Tier 2 cities across the state and used the pro forma assumptions listed in Appendix A - Middle Housing Pro Forma Assumptions. Depending on local market conditions, the affordable housing requirements may work well in some Washington cities and less well in others. The analysis was conducted using a residual land value (RLV), or sometimes referred to as land budget approach, which models the budget a developer would have available to purchase land after accounting for all other predicted costs and revenues. If the land budget is equal to or greater than land costs in the area of a project, the proposed development is likely feasible. If the land budget is zero, the development would only be feasible if the land were provided for free or with an equivalent subsidy. If the land budget is negative, the developer would require an additional subsidy to make the proposed development financially feasible. This feasibility analysis found that in most markets across Washington, affordable ownership is the most feasible and subsequently, the affordability provisions are most likely to occur for ownership. Layering other affordable housing programs such as a Multifamily Tax Exemption (MFTE) program could potentially increase development value, particularly for rental housing. However, MFTE programs need to be administered within JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 152 3.d defined residential target areas authorized under RCW 84.14.040 and cities should carefully consider program affordability, set asides, and program lengths to ensure compliance across multiple programs authorized under RCW 36.70A.540. P Tier 1 Cities The Tier 1 analysis included these housing prototypes: • Market rate fourplex (rental) • Sixplex with two affordable units (rental) • Market rate four -pack townhouse (ownership) • Six-pack townhouse with two affordable units (ownership) The initial analysis with lower floor area ratio (FAR) limits (up to 1.0 FAR for six units) found that the affordable requirements and bonus for Tier 1 cities in western and eastern Washington is accretive, meaning there is value in the additional units that exceeds the cost of the affordability requirements. However, development feasibility for affordable homeownership was found to be very challenging in high -cost markets, and affordable rentals were found to not be feasible. The analysis was rerun after the FAR limits were updated in response to the 30-day public comment period (up to 1.6 FAR for six units).15 With the FAR limits included in the final Model Ordinance, feasibility improved. The key findings are: The market rate fourplex, market rate four -pack townhome, and six-pack townhome with affordable unit prototypes are likely feasible under current market conditions in Tier 1 cities. The market rate four -pack townhome is more feasible than the six-pack townhome with affordable units in both eastern and western Washington Tier 1 cities. Sixplex rental developments with two affordable units are likely not feasible in the Tier 1 cities evaluated. There is no feasibility incentive for a traditional market rate developer to pursue a six -unit building with affordable units over a four -unit all market rate. However, additional FAR would allow a non-profit developer to still compete for land and build larger family -sized units. Summary Affordability Analysis Results — Tier 1 Cities $200 $150 $100 $50 $(50) $(23) $(46) $(100) $182 Fourplex (Market) Sixplex (2 4-Pack Townhome 6-Pack Townhome Affordable) (Market) (2 Affordable) ■Tier1- Western Washington Tier 1- Eastern Washington Source: ECOnorthwest 2023. 115 Draft Tier 1 and 2 Cities Middle Housing Model Ordinance (November 6, 2023): https://deptofcommerce.app.box.com/s/ennzxeh6e52imp5u1 tv3ngs4pvn76pwr JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 92 Packet Pg. 153 3.d Tier 2 Cities The Tier 2 analysis included these housing protypes: • Market rate duplex (rental) • Fourplex with one affordable unit (rental) • Market rate duplex (ownership) • Four -pack townhouse with one affordable unit (ownership) The initial analysis with lower FAR limits (0.8 for four units) found there is likely no incentive for a market rate builder to choose to build affordable homeownership or rental units because of market conditions. The analysis was rerun after the FAR limits were updated in response to the 30-day public comment period (1.2 for four units).16 With the FAR limits included in the final Model Ordinance, the key findings are: Duplexes for rent are marginally feasible and fourplexes for rent (with one affordable unit) are just slightly not feasible given current market conditions in the Tier 2 city evaluated. However, there is a relatively small feasibility gap between the duplex for rent and fourplex for rent (with one affordable unit); this could indicate that if the rental markets strengthened in Tier 2 cities, a market rate builder could reasonably see similar levels of return for both prototypes. Both ownership duplexes and four -pack townhomes (with one affordable unit) are likely feasible in Tier 2 cities. However, because market rate duplexes are more feasible than the four -pack townhomes with one affordable unit, market rate developers do not necessarily have an incentive to build denser under current market conditions. Summary Affordability Analysis Results — Tier 2 Cities $60 $56 a) $38 `O $40 Q aD in $20 $3 a 'O $(2) 0 $(2 0) .0,Q Duplex (For Rent, Fourplex(1 Duplex (For Sale, 4-Pack Townhome (1 C Market) Affordable) Market) Affordable) m J ■ Tier 2 - Tri Cities Source. ECOnorthwest 2023. 116 Draft Tier 1 and 2 Cities Middle Housing Model Ordinance (November 6, 2023): https://deptofcommerce.app.box.com/s/ennzxeh6e52imp5u1 tv3ngs4pvn76pwr JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 93 V3.1 I Packet Pg. 154 3.d Considerations for Affordable Housing Program Implementation Administering Affordable Home Ownership Programs with HB 1110 Administering an affordable homeownership program is generally more complex than managing an affordable rental program. Cities need to establish a mechanism for preserving affordability when homeowners decide to sell their properties. These resale restrictions can be administratively complex and require ongoing monitoring and enforcement. The potential for property appreciation in homeownership programs can also create complexities related to how appreciation is managed and shared between the homeowner and the program, as it can affect long-term affordability goals. Homeownership also comes with ongoing expenses such as property taxes, homeowners' insurance, maintenance, and repairs. These costs can be unpredictable and add complexity for program administrators and homeowners, especially if homeowners are not adequately prepared for these financial responsibilities. To administer and manage an affordable homeownership program, cities have a few options: • Cities can comply with HB 1110 requirements by developing and administering its own program for monitoring and administrating its affordable homeownership program. This approach is likely to have significant ongoing staff and administration costs for cities that do not have a current affordable housing program or do not have capacity to manage a new program. • Cities can pay a third party to monitor and audit its affordable homeownership program. Enforcement of non-compliance is still required by city staff. • Cities can engage with a regional partner to manage and monitor the program, such as South King Housing and Homelessness Partners (SKHHP) or A Regional Coalition for Housing (ARCH). • Cities can engage with a local housing authority to manage and monitor the program. Examples at the city and county level include Spokane Housing Authority, Renton Housing Authority, Housing Kitsap, and Housing Authority of Snohomish County."' • The city can engage with a community land trust (CLT) or other nonprofit to manage the program. In the CLT model, a nonprofit organization acquires and holds land specifically for the purpose of creating and maintaining affordable homes. Homebuyers can purchase the houses built on the CLT-owned land but do not own the land itself. Instead, they enter into long-term, renewable land leases, which keeps the cost of homeownership lower. As a best practice, cities should conduct regular annual audits to ensure compliance with affordability requirements. In particular, cities will need to ensure that all income certifications were completed and valid at the point of sale. Cities have a few options for enforcing compliance with program affordability requirements: • Ensure the city has a deed restriction on file with the title of any affordable for -sale parcel. • The city could put a lien on the property title equivalent to the lost affordability value; fees collected from liens could either go into an affordable housing fund or create a revolving enforcement and auditing fund. • The city could combine affordable units in a development under one affordability contract such that if one unit lost its affordable status all affordable units in the property would convert to market rate, which would incentivize all property owners in the development to enforce income certification and other requirements. >» "PHA Contact Information." United States Department of Housing and Urban Development. A list of public housing authorities in Washington: https://www.hud.gov/sites/dfiles/PIH/documents/PHA_Contact_Report_WA.pdf JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 155 3.d Administering Affordable Rental Programs with HB 1110 Many cities across Washington currently regulate compliance for affordable rental housing programs through various programs that are authorized under RCW 36.70A.540. These programs might include inclusionary zoning programs, MFTE programs, or other regulatory or process incentive programs to encourage affordable housing. For cities that do have existing affordable housing compliance processes and programs, administration of the HB 1110 affordability requirements for rental housing could be a relatively low burden. However, if Tier 1 and Tier 2 cities do not have an existing affordable housing program, the same options for compliance and administration exist as for homeownership programs. These options include: • Developing and administering a city -managed program for monitoring and administrating its affordable rental housing program. For cities that do not have an existing affordable housing rental program, this approach is likely to have significant ongoing staff and administration costs. For cities that have an existing affordable housing program under RCW 36.70A.540, this is the most straightforward option. • The city can pay a third party to monitor and audit its affordable rental housing program. Enforcement of non-compliance is still required by city staff. • Cities can engage with a regional partner to manage and monitor the program, such as SKHHP or ARCH. • Cities can engage with a local housing authority to manage and monitor the program. Examples at the city and county level include Spokane Housing Authority, Renton Housing Authority, Housing Kitsap, and Housing Authority of Snohomish County. • The city can engage with a nonprofit or third -party provider to administer and manage the program. Tools to Encourage Affordable Housing Development Cities should consider a variety of other ways to increase housing affordability that could be implemented in coordination with RCW 36.70A.635. Examples of strategies to promote affordable housing: • Reduce or eliminate off-street parking requirements • Increase State Environmental Policy Act (SEPA) threshold exemptions, adopt a SEPA infill exemption, and/or adopt a SEPA planned action • Expedite the permit and subdivision process • Adopt a multifamily tax exemption program • Waive or reduce development review and utility connection fees • Fund affordable housing with local taxes and/or levies • Identify surplus land available for affordable housing development References • Middle Housing in Washington. Technical Committee #4 Meeting. October 24, 2023. • City of Tacoma — Draft Home in Tacoma Phase 2 FeasibilitvAnalvsis. Plannina Commission Presentation October 18, 2023. • Department of Commerce — Middle Housing and Attainability in the Puget Sound Region • Department of Commerce — Planning for Housing in Washington • Department of Commerce — Guidance for Updating Your Housing Element • Department of Commerce — Guidance for Developing a Housing Action Plan • Department of Commerce — Guidance for Developing a Housing Needs Assessment • AARP — Discovering and Developing Middle Housing. October 2023. • South King County Housing and Homelessness Partnership — King County Regional Housing Action Plan. 2020. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 95 V3.1 I Packet Pg. 156 3.d 5.2 - Alternatives to HB 1110 Affordability Requirements Local Affordable Housing Programs Cities may adopt additional affordable housing incentives that are part of other affordable housing programs under RCW 36.70A.540. For cities that already have adopted affordable housing incentive program(s) under RCW 36.70A.540, the terms of that program govern to the extent they vary. Under an RCW 36.70A.540 program, affordability requirements for rental units cannot exceed 80 percent area median income (AMI), and for ownership units cannot exceed 100 percent AMI. Cities will need to meet the set -aside (share of units affordable), depth of affordability (AMI levels by tenure), and duration of affordability requirements identified in RCW 36.70A.635 but can layer additional process, regulatory, or financial incentives that might be available and applicable through an existing adopted RCW 36.70A.540 program. The key affordability requirements of RCW 36.70A.635 that must be met include: • Tier 1 cities allow 6 units per lot when at least 2 units are affordable • Tier 2 cities allow 4 units per lot when at least 1 unit is affordable • Affordable rental housing available at or below 60 percent MHI • Affordable owner -occupied housing available at or below 80 percent MHI • 50-year duration of affordability for both affordable rental housing and affordable owner -occupied housing Note that the 50-year affordability requirement that exists in RCW 36.70A.635(2)(a) is also present in RCW 36.70A.540 with the option to accept payment in -lieu of continuing affordability. The affordable housing requirements of RCW 36.70A.635(3) do not preclude cities from requiring any development to provide affordable housing, either on -site or through an in -lieu payment, nor limit the city's ability to expand such a program or modify its requirements. Cities may not allow a fee in -lieu option for middle housing development as an alternative to meeting the on - site affordability requirements established by RCW 36.70A.635. Affordable Housing on Religious Organization Owned Property Under RCW 36.70A.545, cities must allow an increased density bonus for any affordable housing development located on property owned or controlled by a religious organization. Affordable housing under RCW 36.70A.545 must be occupied exclusively by households earning 80 percent AMI or less and must keep affordability requirement for at least 50 years. Enacting a density bonus under RCW 36.70A.545 would not exempt cities from affordability requirements of RCW 36.70A.635, but it would provide the opportunity for cities to adopt additional affordable housing incentives that allow more middle housing units on religious organizations' property. Middle housing development may be well suited to religious organizations with modest resources and/or those that are located in low -intensity residential neighborhoods. This type of density bonus oriented toward middle housing could include: • Increasing the maximum building height limit to 40 feet JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE we V3.1 I Packet Pg. 157 3.d Increasing the maximum floor area ratio limit to 1.8 and having no lot coverage standard Reducing side setbacks to three feet and/or reducing front setbacks to between five and seven feet Allowing at least 10 units per lot or have no maximum density (allowing as many units that can fit within the building envelope) JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 158 3.d 6.0 - Alternative Compliance HB 1110 provides cities with three paths to compliance, summarized below. The following chapter includes a more detailed description of each option. 1. Standard Density Requirements in RCW 36.70A.635(1) 2. Alternative to Density Requirements - RCW 36.70A.635(4). This alternative permits a city to implement the unit per lot density requirements (required in RCW 36.70A.635(1)) for "at least" 75 percent of lots in the city that are primarily dedicated to single-family detached housing units. RCW 36.70A.635(4)(b) identifies those areas and lots where the unit per lot density requirements will not apply. RCW 36.70A.635(4)(c) identifies areas which may not be included in the 25 percent unless the area has been identified as an area at higher risk of displacement under RCW 36.70A.070(2)(g). 3. Alternative local action option - RCW 36.70A.636(3). This alternative permits a city to seek approval from the Department of Commerce of alternative local actions "substantially similar" to the requirements in RCW 36.70A.635(1). This option requires submittal and approval by the Department of Commerce. When this process is utilized, actions taken by the city are not subject to administrative or judicial appeal under the State Environmental Policy Act (SEPA). Option 1 Standard Density Requirements in RCW 36.70A.635(1) 41 Policy and code changes are subject to appeal (SEPA and Growth Management Hearings Board) Option 2 Alternative to Density Requirements in RCW 36.70A.635(4) 25% of lots for which the requirements of subsection (1) are not implemented must include areas meeting the requirements of RCW 36.70A.635(4)(b)(i-iv) and must not include areas outlined RCW 36.70A.635(4)(c) (i-i i i) A city using this option may request an extension of time for implementing requirements for areas at risk of displacement pursuant to RCW 36.70A.637. This option requires Commerce certification. A city may also request an extension for a lack of infrastructure capacity pursuant to RCW 36.70A.638. This option requires Commerce certification. Policy and code changes are subject to appeal (SEPA and Growth Management Hearings Board) Option 3 Alternative Local Action option in RCW 36.70A.636 Implement actions substantially similar to the standard requirements in RCW 36.70A.635 Substantially similar actions include those listed in RCW 36.70A.636(3)(b),(c) and (d). Local actions approved by Commerce are exempt from SEPA and GMA appeal but Commerce's final decision is appealable to the Growth Management Hearings Board Commerce will develop a process for cities to seek approval under this option Cities must choose one of the three paths. Requirements are found in RCW 36.70A.635, 36.70A.636, 36.70A.637 and 36.70A.638 JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 159 3.d 6.1 — Alternative to Density Requirements RCW 36.70A.635(4) The "alternative to density requirements" approach provides an option for jurisdictions to allow middle housing on certain lots primarily zoned for single-family detached housing units. The alternative requires that at least 75 percent of the "lots in the city that are primarily dedicated to single-family detached housing units" be subject to the unit per lot requirements of RCW 36.70A.635(1). "Lots in the city that are primarily dedicated to single-family detached housing units" is not defined in the Growth Management Act (GMA). To identify these lots, it is recommended that those residential zoning districts where the permitted density is primarily focused on single-family detached housing be included. This would generally be zoning districts with permitted densities at ten dwelling units per acre or less. Even if middle housing is permitted in these zones, lower density zones are those primarily dedicated to single-family detached units. Once identified, these lots will be the basis for how the "at least" 75 percent of the lots is determined. Eligible Lots This alternative requires identification of which lots must be included in the "at least" 75 percent of the lots and the 25 percent or less of the lots that may be excluded from the unit per lot requirements of RCW 36.70A.635(1). Except for areas identified at higher risk of displacement under RCW 36.70A.070(2)(g), lots that must be included in the "at least" 75 percent include: Any areas for which the exclusion would further racially disparate impacts or result in zoning with a discriminatory effect; Any areas within one-half mile walking distance of a major transit stop; Any areas historically covered by a covenant or deed restriction excluding racial minorities from owning property or living in the area, as known to the city at the time of each comprehensive plan update. Jurisdictions should therefore review displacement risk work completed as part of its housing element update to ensure this requirement under RCW 36.70A.636(c) is met. The 25 percent or less of the lots to be excluded from the unit per lot requirements of RCW 36.70A.635(1) must include but are not limited to: Lots designated with critical areas or their buffers11 Any portion of a city within a one -mile radius of a commercial airport with at least 9,000,000 annual enplanements19 Areas subject to sea level rise, increased flooding, susceptible to wildfires, or geological hazards over the next 100 years120 118 This applies even if a city chooses to not apply the critical areas exemption (available under RCW 36.70A.635(8)(a)) to the requirements of RCW 36.70A.635(1). See related discussion in User Guide Chapter 2.4. Lots with critical areas or their buffers that a city allows to be developed with middle housing under the provisions of RCW 36.70A.635(1) cannot be counted in the minimum of 75 percent of lots that remain subject to RCW 36.70A.635(1). 119 This only applies to Seattle -Tacoma International Airport. Enplanement data is provided by the Federal Aviation Administration: https://www.faa.gov/airportsiplanning_capacity/passenger_al Icargo_stats/passenger 120 See resource links below. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 I Packet Pg. 160 3.d Areas within the city for which the department has certified an extension of the implementation timelines under RCW 36.70A.637 due to the risk of displacement; due to the risk of displacement Areas within the city for which the department has certified an extension of the implementation timelines under RCW 36.70A.638 due to a lack of infrastructure capacity; due to a lack of infrastructure capacity Vacant lots meeting the criteria above can be included in the 25 percent or less category. Since RCW 36.70A.635(4)(a) states the density requirement of RCW 36.70A.635(1) may be implemented for "...at least 75 percent" of the lots primarily dedicated to single-family detached housing units, then cities that cannot meet this "at least" 75 percent threshold cannot use this alternative. Displacement Risk Cities choosing the alternative to density requirements of RCW 36.70A.635(4) and considering requesting an extension of timelines for areas at risk of displacement under RCW 36.70A.637 must complete the anti - displacement analysis as required by RCW 36.70A.070(2). In requesting an extension, the city must create and submit a plan identifying its anti -displacement policies. The plan must identify when the policies will be implemented, which must be before their next implementation progress report required by RCW 36.70A.130(9). The area (mapped) at risk of displacement for which the extension is being requested, as determined by the anti -displacement analysis, will need to be provided. Additional Commerce guidance on the certification process will be forthcoming. Lack of Infrastructure Capacity Extensions of implementation deadlines for areas due to lack of infrastructure capacity requires that the city demonstrate a lack of capacity to accommodate the density required in RCW 36.70A.635 for one or more of the following: water, sewer, stormwater, transportation infrastructure, including facilities and transit services, or fire protection services. Among other items, a jurisdiction will need to document the extent of the infrastructure capacity deficiency, include one or more improvements within its capital facilities plan to adequately increase capacity or identify the applicable special purpose district responsible for providing the infrastructure, if the infrastructure is provided by a special purpose district. Additional applicable water system plan information is required for timeline extension requests associated with lack of water supply to allow for Commerce evaluation of the request. RCW 36.70A.638 includes specific provisions related to water and sewer. These provisions can be interpreted to be applicable not only to the time extension provisions of RCW 36.70A.638, but to middle housing in general. Water: RCW 36.70A.638(9) states that a city may limit the area subject to the requirements of RCW 36.70A.635 to match current water availability in the following circumstances, if the area is zoned predominantly for residential use: • The area is currently served only by private wells • The area is served by a group A or group B water system with less than 50 connections 121, 122 121 Group A water systems information from the Washington Department of Health: https://doh.wa.gov/community-and- environment/dri nki ng-water/water-system-assistance/tnc-water-systems 122 Group B water systems information from the Washington Department of Health: https://doh.wa.gov/community-and- environment/dri nki ng-water/water-system-assistance/group-b JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 100 V3.1 I Packet Pg. 161 3.d A city or water provider(s) within the city do not have an adequate water supply or available connections to serve the zoning increase required under RCW 36.70A.635 This does not, however, affect or modify the responsibilities of cities to plan for or provide urban governmental services. Sewer: RCW 36.70A.638(11) states that areas zoned predominantly for residential use currently served only by on -site sewage systems may limit development to two units per lot on lots subject to RCW 36.70A.635, until either the landowner or local government provides sewer service or demonstrates a sewer system will serve the development at the time of construction. As with the case for water discussed in the preceding paragraph, this does not affect or modify the responsibilities of cities to plan for or provide urban governmental services. It is recommended that the code allow the number of units provided for in RCW 36.70A.635(1) but that a supplemental standard, footnote, or other notation be provided stating that the absence of sewer service may limit redevelopment until such time sewer infrastructure improvements are made. Commerce has no general approval authority for the alternative to density requirements approach. However, if a jurisdiction seeks an extension of timelines for certain areas at risk of displacement (RCW 36.70A.637) or for areas lacking infrastructure capacity (RCW 36.70A.638), then Commerce certification of those time extensions is first necessary before those areas may be included in the 25 percent. Other items identified in RCW 36.70A.638 will be required to document the lack of infrastructure capacity. As noted above, the process to document an infrastructure capacity deficiency could include providing maps, capital facility plan information, and documentation from outside agencies regarding the current lack of capacity. Processes to address the capital facility or utility planning requirements may be found at RCW 36.70A.070(3)-(4) and WAC 365-196-415 through WAC 365-196-420. Additional Commerce guidance on the certification process is forthcoming. For cities considering this option, it is important to remember that just because new middle housing types may be allowed under RCW 36.70A.635 does not mean it can be built. For example, if an area lacks sewers currently, middle housing units may not be permitted until such time adequate infrastructure is provided. However, allowing middle housing uses could be a prompt for infrastructure improvements to be made by developers over time. Not allowing redevelopment for middle housing could be a barrier to improvements being made overtime. Resources Displacement risk • Washington Department of Commerce — Draft Displacement Risk Map • Puget Sound Regional Council — Displacement Risk Mapping Racially disparate impacts and racially restrictive covenants • Washington Department of Commerce — Guidance to Address Racially Disparate Impacts • King County — Unlawful, discriminatory restrictive covenants • University of Washington — Racial Restrictive Covenants Infrastructure planning • Washington Department of Commerce — Capital Facilities Planning • Capital facility and utility planning requirements: RCW 36.70A.070(3)-(4) and WAC 365-196-415 through WAC 365-196-420 Flood risk • National Weather Service — Flooding in Washington JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 101 V3.1 I Packet Pg. 162 3.d • Washington Emergency Management Division - Flood Hazard Profile • Federal Emergency Management Agency - Flood Maps • First Street Foundation - Flood Factor Sea level rise risk • Washington Department of Ecology - Sea Level Rise • Washington Coastal Network - Sea Level Rise Resources • National Ocean Service - 2022 Sea Level Rise Technical Report Wildfire risk • First Street Foundation - Fire Factor • U.S. Forest Service Pacific Northwest Research Station - A "New Normal" for West -Side Fire • U.S. Forest Service - Wildfire Risk to Communities • Federal Emergency Management Agency- Wildfire Geological hazard risk • Washington Department of Natural Resources - Geologic Hazard Maps • Pacific Northwest Seismic Network - Liquefaction Hazard Maps JANUARY 26, 20241 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 102 V3.1 I Packet Pg. 163 3.d 6.2 - Alternative Local Action This option is appropriate for jurisdictions which have taken actions by certain dates that are substantially similar to the requirements of House Bill 1110. Where applicable to a city, this could reduce further legislative action needed to comply with HB 1110. Two alternative local action options, summarized as follows, are identified in RCW 36.70A.636. Both actions require approval by Commerce to be in effect. Alternative Local Action 1 A city has adopted comprehensive plan policies, by January 1, 2023, which are consistent with the provisions of RCW 36.70A.635 and will take action to adopt permanent development regulations "substantially similar" to the requirements of RCW 36.7OA.635 by July 23, 2024 (RCW 36.7OA.636(3)(b)). Actions deemed substantially similar include those that: Result in an overall increase in housing units allowed in single-family zones that is at least 75 percent of the increase in housing units allowed in single-family zones if the specific provisions of RCW 36.70A.635 were adopted; • Allow for middle housing throughout the city, rather than just in targeted locations; and • Allow for additional density near major transit stops, and for projects that incorporate dedicated affordable housing. Alternative Local Action 2 A city has adopted comprehensive plan policies or development regulations, by January 1, 2023, that have significantly reduced or eliminated residentially zoned areas that are predominantly single family (RCW 36.70A.636(3)(c)). A Commerce finding of "substantially similar" can be met if the city's permanent development regulations are adopted by July 23, 2024 that: Result in an overall increase in housing units allowed in single-family zones that is at least 75 percent of the increase in housing units allowed in single-family zones if the specific provisions of RCW 36.70A.635 were adopted; and Allow for middle housing throughout the city, rather than just in targeted locations; and Allow for additional density near major transit stops, and for projects that incorporate dedicated affordable housing. Commerce "Substantially Similar" Determination As part of the review process of Alternative Local Action 1 and Alternative Local Action 2 listed above, the Department of Commerce may determine that the combined impact of the adopted comprehensive plan and development regulations are substantially similar to the requirements of RCW 36.7OA.635 even if the city's request does not demonstrate the criteria listed in RCW 36.70A.636 (3)(b) and (c) are met. This determination is only possible when the Department of Commerce determines that the city has clearly demonstrated that the adopted development regulations will allow for a greater increase in middle housing production in single-family zones than would be allowed through implementation of RCW 36.70A.635. This will require a capacity analysis prepared by the city comparing middle housing production between RCW 36.70A.635(1) and the city's plan/development regulations applicable to single-family zones. JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 103 V3.1 I Packet Pg. 164 3.d SEPA Safe Harbor If a city choosing a local alternative action listed above is required to make a SEPA threshold determination for that action, the action is exempt from administrative or judicial appeal.123 An action by Commerce to approve or reject actions under the option are appealable to the Growth Management Hearings Board, however. 123 RCW 36.70A.636(3)(e) JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 1A Packet Pg. 165 3.d Appendix A - Middle Housing Pro Forma Assumptions Prepared by ECONorthwest in January 2024. Building Form Tenure Rental Ownership Rental Ownership Rental Ownership Units 2 2 4 4 6 6 Floors 2 2 2 3 3 3 Gross Residential 4,200 SF 4,200 SF 4,795 SF 5,250 SF 5,985 SF 6,000 SF Area Unit size 1,900 SF 1,900 SF 1,099 SF 11313 SF 998 SF 1,000 SF Bedrooms 3-bed 3-bed 2-bed 2-bed 2-bed 2-bed Monthly Market Rate Rent Revenue Assumptions Market Rate Tier 1 - Western Washington $3,069 $1,775 $1,450 Tier 1 - Eastern Washington $2,565 $1,594 $1,347 Tier 2 - Tri Cities $2,660 $1,829 $1,758 $1,430 $1,437 $1,430 Rents Affordable at 60% of MFI Tier 1 - Western Washington Tier 1 - Eastern Washington $1,473 $1,153 $1,153 Tier 2 - Tri Cities $1,640 $1,283 $1,283 JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE 105 V3.1 I Packet Pg. 166 3.d Sales Price Assumptions 1 Market Rate Tier 1 - Western Washington $779,000 $478,225 $354,825 Tier 1 - Eastern Washington $560,000 $376,030 $310,000 Tier 2 — Tri-Cities $640,000 $400,290 $330,000 — Sales Prices Affordable at 80% of MFI Tier 1 - Western Washington $398,717 $355,518 $355,518 $287,973 Tier 1 - Eastern Washington $269,596 $269,596 Tier 2 - Tri-Cities $339,834 $309,833 $309,833 Hard Costs per Square Foot Tier 1 - Western $185 $185 $196 $187 $194 $183 Washington Tier 1 - Eastern $176 $176 $186 $177 $184 $174 Washington Tier 2 - $181 $181 $192 $183 $190 $179 Tri-Cities Other Cost Assumptions Item Vacancy costs, market rate units Value 5% Calculation Basis Of rental revenues Of rental revenues Of rental revenues Vacancy costs, affordable units Operating costs, rental units 2% 20% Commission cost from unit sales 3% Of sales revenues Surface parking stalls $7,000 Per stall Private garage parking Soft Costs Contingency Developer Fee Debt Service Coverage Ratio $22,000 Per stall Of hard costs Of Hard + Soft Costs 25% 4.0% 5.0% Of total development cost 135% Of net rental revenues JANUARY 26, 2024 1 MIDDLE HOUSING MODEL ORDINANCES USER GUIDE V3.1 106 Packet Pg. 167