BP BHEAD INT H

AN ACT Relating to creation of state-wide affordable housing; 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.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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, if the dwelling unit is intended for the sole occupancy of one adult or two adult persons one of whom is sixty years of age or over, and the area of floor space of the attached dwelling unit does not exceed thirty percent of the existing living area or the area of the floor space of the detached dwelling unit does not exceed one thousand two hundred square feet.

NEW SECTION. Sec. 4. 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 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 when 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 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 increase in the floor area of an attached second unit shall not exceed thirty percent of the existing living area;

(f) The total area of floor space for a detached second unit shall not exceed one thousand two hundred square feet;

(g) 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;

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

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

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 makes a finding that adequate affordable housing exists within the city, or that adequate affordable housing will be provided through increased densities or other means.

(3)(a) Subsection (2) of this section establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing single-family dwelling. No additional standards, other than those provided in subsection (1) or (2) of this section, shall be utilized or imposed, except that a city may require an applicant for a permit issued pursuant to subsection (2) of this section to be an owner-occupant.

(b) This subsection does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units.

(c) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this subsection. Any local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of second units if these provisions are consistent with the limitations of this subsection.

(d) A second unit which conforms to the requirements of this subsection shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot. The second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

(e) A city shall not adopt an ordinance which totally precludes second units within single-family and multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single-family and multifamily zoned areas justify adopting the ordinance.

NEW SECTION. Sec. 5. 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, if the dwelling unit is intended for the sole occupancy of one adult or two adult persons one of whom is sixty years of age or over, and the area of floor space of the attached dwelling unit does not exceed thirty percent of the existing living area or the area of the floor space of the detached dwelling unit does not exceed one thousand two hundred square feet.

NEW SECTION. Sec. 6. 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 city 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 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 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;

(e) Any increase in the floor area of an attached second unit shall not exceed thirty percent of the existing living area;

(f) The total area of floor space for a detached second unit shall not exceed one thousand two hundred square feet;

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

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

(3)(a) Subsection (2) of this section establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing single-family dwelling. No additional standards, other than those provided in subsection (1) or (2) of this section, shall be utilized or imposed, except that a code city may require an applicant for a permit issued pursuant to subsection (2) of this section to be an owner-occupant.

(b) This subsection does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units.

(e) A code city shall not adopt an ordinance which totally precludes second units within single-family and multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single-family and multifamily zoned areas justify adopting the ordinance.

NEW SECTION. Sec. 7. 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, if the dwelling unit is intended for the sole occupancy of one adult or two adult persons one of whom is sixty years of age or over, and the area of floor space of the attached dwelling unit does not exceed thirty percent of the existing living area or the area of the floor space of the detached dwelling unit does not exceed one thousand two hundred square feet.

NEW SECTION. Sec. 8. 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 city 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 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;

(e) Any increase in the floor area of an attached second unit shall not exceed thirty percent of the existing living area;

(f) The total area of floor space for a detached second unit shall not exceed one thousand two hundred square feet;

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

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

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 makes a finding that adequate affordable housing exists within the county, or that adequate affordable housing will be provided through increased densities or other means.

(3)(a) Subsection (2) of this section establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing single-family dwelling. No additional standards, other than those provided in subsection (1) or (2) of this section, shall be utilized or imposed, except that a county may require an applicant for a permit issued pursuant to subsection (2) of this section to be an owner-occupant.

(b) This subsection does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units.

(e) A county shall not adopt an ordinance which totally precludes second units within single-family and multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single-family and multifamily zoned areas justify adopting the ordinance.

NEW SECTION. Sec. 9. 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, if the dwelling unit is intended for the sole occupancy of one adult or two adult persons one of whom is sixty years of age or over, and the area of floor space of the attached dwelling unit does not exceed thirty percent of the existing living area or the area of the floor space of the detached dwelling unit does not exceed one thousand two hundred square feet.

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 or county 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 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 or county 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;

(e) Any increase in the floor area of an attached second unit shall not exceed thirty percent of the existing living area;

(f) The total area of floor space for a detached second unit shall not exceed one thousand two hundred square feet;

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

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

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 makes a finding that adequate affordable housing exists within the city or county, or that adequate affordable housing will be provided through increased densities or other means.

(3)(a) Subsection (2) of this section establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing single-family dwelling. No additional standards, other than those provided in subsection (1) or (2) of this section, shall be utilized or imposed, except that a city and county may require an applicant for a permit issued pursuant to subsection (2) of this section to be an owner-occupant.

(b) This subsection does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units.

(e) A city or county shall not adopt an ordinance which totally precludes second units within single-family and multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single-family and multifamily zoned areas justify adopting the ordinance.

(4) The designation of areas by a city or county where second units may be permitted shall constitute evidence that a city or county is making progress in meeting its fair share affordable housing goals. For purposes of this section, "fair share affordable housing goals" means a goal established pursuant to a regional policy plan process for each city and county that is required or chooses to plan under RCW 36.70A.040.