Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature makes the following findings:
(a) Washington state is experiencing a housing affordability crisis. Many communities across the state are in need of more housing for renters, across the income spectrum. Accessory dwelling units are frequently rented at below market rate, providing additional affordable housing options for renters.
(b) Accessory dwelling units are often occupied by tenants who pay no rent at all; among these tenants are grandparents, adult children, family members with disabilities, friends going through life transitions, and community members in need. Accessory dwelling units meet the needs of these people who might otherwise require scarce subsidized housing space and resources.
(c) Accessory dwelling units can meet the needs of Washington's growing senior population, making it possible for this population to age in their communities by offering senior-friendly housing, which prioritizes physical accessibility, in walkable communities near amenities essential to successful aging in place, including transit and grocery stores, without requiring costly renovations of existing housing stock.
(d) Homeowners who add an accessory dwelling unit may benefit from added income and an increased sense of security.
(e) Siting accessory dwelling units near transit hubs and near public amenities can help to reduce greenhouse gas emissions by increasing walkability, shortening household commutes, and limiting sprawl.
(2) The legislature intends to promote and encourage the creation of accessory dwelling units as a means to address the need for additional affordable housing options.
NEW SECTION. Sec. 2. A new section is added to chapter
36.70A RCW to read as follows:
The definitions in this section apply throughout sections 3 and 4 of this act unless the context clearly requires otherwise.
(1) "Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit.
(2) "Attached accessory dwelling unit" means an accessory dwelling unit located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit.
(3) "City" means any city, code city, and town located in a county planning under RCW
36.70A.040.
(4) "Detached accessory dwelling unit" means an accessory dwelling unit that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit.
(5) "Dwelling unit" means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
(6) "Major transit stop" means:
(a) A stop on a high capacity transportation system funded or expanded under the provisions of chapter
81.104 RCW;
(b) Commuter rail stops;
(c) Stops on rail or fixed guideway systems, including transitways;
(d) Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or
(e) Stops for a bus or other transit mode providing fixed route service at intervals of at least fifteen minutes during the peak hours of operation.
NEW SECTION. Sec. 3. A new section is added to chapter
36.70A RCW to read as follows:
(1)(a) Cities must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls the requirements of section 4(2) of this act to take effect by July 1, 2021.
(b) Beginning July 1, 2021, the requirements of section 4(2) of this act:
(i) Apply and take effect in any city that has not adopted or amended ordinances, regulations, or other official controls as required under this section; and
(ii) Supersede, preempt, and invalidate any local development regulations that conflict with section 4(2) of this act.
(2) Any action taken by a city that is authorized or required under section 4 of this act is not subject to legal challenge under this chapter or chapter
43.21C RCW, except that ordinances, regulations, and other official controls are subject to legal challenge if authorization is provided for the siting of accessory dwelling units on properties zoned such that single-family housing units are a nonconforming use.
NEW SECTION. Sec. 4. A new section is added to chapter
36.70A RCW to read as follows:
(1) Through the adoption or amendment of ordinances, development regulations, zoning regulations, and other official controls, cities:
(a) May allow up to two accessory dwelling units on all lots on which there is a single-family housing unit, duplex, triplex, fourplex, rowhouse, townhome, or apartment building, regardless of zoning district; the accessory dwelling units allowed under this subsection may be either attached accessory dwelling units or detached accessory dwelling units.
(b) May remove any requirement that the owner of a lot on which there is an accessory dwelling unit reside in or occupy the accessory dwelling unit or another housing unit on the same lot.
(2)(a) Except as provided in (b) of this subsection, through ordinances, development regulations, zoning regulations, and other official controls as required under section 3 of this act, cities may not require the provision of off-street parking for accessory dwelling units within one-quarter mile of a major transit stop.
(b) A city may require the provision of off-street parking for an accessory dwelling unit located within one-quarter mile of a major transit stop if the city has determined that the accessory dwelling unit is in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible for the accessory dwelling unit.
Sec. 5. RCW
43.21C.495 and 2019 c 348 s 4 are each amended to read as follows:
(1) If adopted by April 1, 2021, amendments to development regulations and other nonproject actions taken by a city to implement RCW
36.70A.600 (1) or (4), with the exception of the action specified in RCW
36.70A.600(1)(f), are not subject to administrative or judicial appeals under this chapter.
(2) Amendments to development regulations and other nonproject actions taken by a city consistent with sections 3 and 4 of this act are not subject to administrative or judicial appeals under this chapter."
(1) Limits the scope of the bill to cities, and provides that accessory dwelling unit (ADU) requirements and the State Environmental Policy Act appeal exemption do not apply to counties;
(2) Amends the areas in which cities may require off-street parking associated with the development of ADUs to include areas that are at least one-quarter of a mile away from a major transit stop, rather than one-half of a mile away from a major transit stop;
(3) Limits the types of bus and other fixed route service stops that qualify as major transit stops to those that are served every 15 minutes during peak hours of operation;
(4) Makes technical corrections to clarify that the only ADU policies that are mandatory for cities is the prohibition on requiring parking associated with ADUs near major transit stops;
(5) Provides that local ordinances and development regulations are not subject to the exemption from appeal under the Growth Management Act or the State Environmental Policy Act if authorization is provided for the siting of accessory dwelling units on properties zoned such that single-family housing units are a nonconforming use; and
(6) Authorizes cities to require parking associated with an accessory dwelling unit (ADU) located within one quarter of a mile from a major transit stop if the city has determined that the ADU is in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible.