5810-S

5810-S.E AMH HO H5037.1

ESSB 5810 - H COMM AMD

By Committee on Housing

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. This act may be known and cited as

the affordable housing act."

"NEW SECTION. Sec. 2. (1) The legislature finds and declares that there is a tremendous unmet need for new housing to shelter Washington's population. The unmet housing needs will be further aggravated by the severe cutbacks in federal housing programs.

(2) The legislature finds and declares that our existing housing resources are vastly underutilized due in large part to the changes in social patterns. The improved utilization of this state's existing housing resources offers an innovative and cost-effective solution to this housing crisis.

(3) The legislature finds and declares that the state has a role in increasing the utilization of our housing resources and in reducing the barriers to the provision of affordable housing.

(4) The legislature finds and declares that there are many benefits associated with the creation of second-family residential units on existing single-family lots, which include:

(a) Providing a cost-effective means of serving development through the use of existing infrastructures, as contrasted to requiring the construction of new costly infrastructures to serve development in undeveloped areas; and

(b) Providing relatively affordable housing for low and moderate-income households without public subsidy."

"NEW SECTION. Sec. 3. A new section is added to chapter 35.63 RCW to read as follows:

Each city may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single-family residence."

"NEW SECTION. Sec. 4. A new section is added to chapter 35A.63 RCW to read as follows:

Each code city may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single-family residence."

"NEW SECTION. Sec. 5. A new section is added to chapter 36.70 RCW to read as follows:

Each county may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single-family residence."

"NEW SECTION. Sec. 6. A new section is added to chapter 36.70A RCW to read as follows:

Each city and county may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single-family residence."

"NEW SECTION. Sec. 7. A new section is added to chapter 35.63

RCW to read as follows:

(1) Each city may, by ordinance, provide for the creation of second units in single-family and multifamily residential zones consistent with all of the following provisions:

(a) Areas may be designated within the jurisdiction of each city where second units may be permitted;

(b) The designation of areas may be based on criteria, which may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow;

(c) Each city may find that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot;

(d) The second units created shall not be considered in the application of any local ordinance, policy, or program to limit residential growth; and

(e) Each city may establish a process for the issuance of a conditional use permit for second units. Before a city with a population of at least twenty thousand designates areas within the city where second units may be permitted, it shall provide neighborhood groups an opportunity to submit a neighborhood plan that addresses how the impacts of second units on parking and other matters may be mitigated. The city shall assist neighborhood groups with the development of the plan where possible.

(2) When a city with a population of at least twenty thousand which has not adopted an ordinance governing second units in accordance with subsection (1) of this section receives its first application on or after July 1, 1994, for a conditional use permit pursuant to this subsection, it shall accept the application and approve or disapprove the application pursuant to this subsection unless it adopts an ordinance in accordance with subsection (1) of this section within one hundred twenty days after receiving the application. Each city with a population of at least twenty thousand shall grant a special use or a conditional use permit for the creation of a second unit if the second unit complies with all of the following:

(a) The unit is not intended for sale and may be rented;

(b) The lot is zoned for single-family or multifamily use;

(d) The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling;

(e) Any construction shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located;

(f) Local building code requirements which apply to detached dwellings, as appropriate; and

(g) Approval by the local health officer where a private sewage disposal system is being used, if required.

(3) A city may require an applicant for a permit issued pursuant

to subsection (2) of this section to be an owner-occupant.

(4) A city is not required to grant special use or conditional use

permits under this section for failing to adopt an ordinance authorizing the siting of secondary units if the city can establish that adopted or proposed amendments to the building codes, regulations, or other ordinances have the intended effect of enhancing affordable housing, or the city has a plan, either through its comprehensive housing affordability strategy, or otherwise, to enhance affordable housing opportunities, or that the city establishes effective mechanisms to enhance affordable housing within its jurisdiction."

"NEW SECTION. Sec. 8. A new section is added to chapter 35A.63 RCW to read as follows:

(1) Each code city may, by ordinance, provide for the creation of second units in single-family and multifamily residential zones consistent with all of the following provisions:

(a) Areas may be designated within the jurisdiction of each code city where second units may be permitted;

(b) The designation of areas may be based on criteria, which may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow;

(c) Each code city may find that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot;

(d) The second units created shall not be considered in the application of any local ordinance, policy, or program to limit residential growth; and

(e) Each code city may establish a process for the issuance of a conditional use permit for second units. Before a code city with a population of at least twenty thousand designates areas within the code city where second units may be permitted, it shall provide neighborhood groups an opportunity to submit a neighborhood plan that addresses how the impacts of second units on parking and other matters may be mitigated. The code city shall assist neighborhood groups with the development of the plan when possible.

(2) When a code city with a population of at least twenty thousand which has not adopted an ordinance governing second units in accordance with subsection (1) of this section receives its first application on or after July 1, 1994, for a conditional use permit pursuant to this subsection, it shall accept the application and approve or disapprove the application pursuant to this subsection unless it adopts an ordinance in accordance with subsection (1) of this section within one hundred twenty days after receiving the application. Each code city with a population of at least twenty thousand shall grant a special use or a conditional use permit for the creation of a second unit if the second unit complies with all of the following:

(a) The unit is not intended for sale and may be rented;

(b) The lot is zoned for single-family or multifamily use;

(f) Local building code requirements which apply to detached dwellings, as appropriate; and

(g) Approval by the local health officer where a private sewage disposal system is being used, if required.

(3) A code city may require an applicant for a permit issued

pursuant to subsection (2) of this section to be an owner-occupant.

(4) A code city is not required to grant special use or conditional use permits under this section for failing to adopt an ordinance authorizing the siting of secondary units if the code city can establish that adopted or proposed amendments to the building codes, regulations, or other ordinances have the intended effect of enhancing affordable housing, or the code city has a plan, either through its comprehensive housing affordability strategy, or otherwise, to enhance affordable housing opportunities, or that the code city establishes effective mechanisms to enhance affordable housing within its jurisdiction."

"NEW SECTION. Sec. 9. A new section is added to chapter 36.70 RCW to read as follows:

(1) Each county may, by ordinance, provide for the creation of second units in single-family and multifamily residential zones consistent with all of the following provisions:

(a) Areas may be designated within the jurisdiction of each county where second units may be permitted;

(b) The designation of areas may be based on criteria, which may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow;

(c) Each county may find that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot;

(d) The second units created shall not be considered in the application of any local ordinance, policy, or program to limit residential growth; and

(e) Each county may establish a process for the issuance of a conditional use permit for second units. Before a county with a population of at least one hundred twenty-five thousand designates areas within the county where second units may be permitted, it shall provide neighborhood groups an opportunity to submit a neighborhood plan that addresses how the impacts of second units on parking and other matters may be mitigated. The county shall assist neighborhood groups with the development of the plan when possible.

(2) When a county with a population of at least one hundred twenty-five thousand which has not adopted an ordinance governing second units in accordance with subsection (1) of this section receives its first application on or after July 1, 1994, for a conditional use permit pursuant to this subsection, it shall accept the application and approve or disapprove the application pursuant to this subsection unless it adopts an ordinance in accordance with subsection (1) of this section within one hundred twenty days after receiving the application. Each county with a population of at least one hundred twenty-five thousand shall grant a special use or a conditional use permit for the creation of a second unit if the second unit complies with all of the following:

(a) The unit is not intended for sale and may be rented;

(b) The lot is zoned for single-family or multifamily use;

(f) Local building code requirements which apply to detached dwellings, as appropriate; and

(g) Approval by the local health officer where a private sewage disposal system is being used, if required.

(3) A county may require an applicant for a permit issued pursuant

to subsection (2) of this section to be an owner-occupant.

(4) A county is not required to grant special use or conditional

use permits under this section for failing to adopt an ordinance authorizing the siting of secondary units if the county can establish that adopted or proposed amendments to the building codes, regulations, or other ordinances have the intended effect of enhancing affordable housing, or the county has a plan, either through its comprehensive housing affordability strategy, or otherwise, to enhance affordable housing opportunities, or that the county establishes effective mechanisms to enhance affordable housing within its jurisdiction."

"NEW SECTION. Sec. 10. A new section is added to chapter 36.70A RCW to read as follows:

(1) Each city and county may, by ordinance, provide for the creation of second units in single-family and multifamily residential zones consistent with all of the following provisions:

(a) Areas may be designated within the jurisdiction of each city and county where second units may be permitted;

(b) The designation of areas may be based on criteria, which may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow;

(c) Each city and county may find that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot;

(d) The second units created shall not be considered in the application of any local ordinance, policy, or program to limit residential growth; and

(e) Each city and county may establish a process for the issuance of a conditional use permit for second units. Before a city with a population of at least twenty thousand or a county with a population of at least one hundred twenty-five thousand designates areas within the city or county where second units may be permitted, it shall provide neighborhood groups with an opportunity to submit a neighborhood plan that addresses how the impacts of second units on parking and other matters may be mitigated. The city or county shall assist neighborhood groups with the development of the plan when possible.

(2) When a city with a population of at least twenty thousand or a county with a population of at least one hundred twenty-five thousand which has not adopted an ordinance governing second units in accordance with subsection (1) of this section receives its first application on or after July 1, 1994, for a conditional use permit pursuant to this subsection, it shall accept the application and approve or disapprove the application pursuant to this subsection unless it adopts an ordinance in accordance with subsection (1) of this section within one hundred twenty days after receiving the application. Each city with a population of at least twenty thousand or county with a population of at least one hundred twenty-five thousand shall grant a special use or a conditional use permit for the creation of a second unit if the second unit complies with all of the following:

(a) The unit is not intended for sale and may be rented;

(b) The lot is zoned for single-family or multifamily use;

(f) Local building code requirements which apply to detached dwellings, as appropriate; and

(g) Approval by the local health officer where a private sewage disposal system is being used, if required.

(3) A city or county may require an applicant for a permit issued

pursuant to subsection (2) of this section to be an owner-occupant.

(4) A city or county is not required to grant special use or

conditional use permits under this section for failing to adopt an ordinance authorizing the siting of secondary units if the city or county can establish that adopted or proposed amendments to the building codes, regulations, or other ordinances have the intended effect of enhancing affordable housing, or the city or county has a plan, either through its comprehensive affordable housing strategy, or otherwise, to enhance affordable housing opportunities, or that the city or county establishes effective mechanisms to enhance affordable housing within its jurisdiction."

ESSB 5810 - H COMM AMD

By Committee on Housing

On page 1, line 1 of the title, after "housing;" strike the remainder of the title and insert "adding new sections to chapter 35.63 RCW; adding new sections to chapter 35A.63 RCW; adding new sections to chapter 36.70 RCW; adding new sections to chapter 36.70A RCW; and creating new sections."