5184-S.E AMH LG H1996.1
ESSB 5184 - H COMM AMD
By Committee on Local Government
ADOPTED AS AMENDED 04/11/2025
Strike everything after the enacting clause and insert the following:
"NEW SECTION.  Sec. 1. The legislature finds that predetermined on-site parking requirements needlessly drive up the cost of development, particularly housing; discourage walking and multimodal transit usage; and encourage excessive reliance of automobiles with attendant impacts on human health and greenhouse gas emissions. The legislature further finds that the amount of parking that a project actually needs should be determined on a case-by-case basis by permit applicants sensitive to actual market conditions rather than a one-size-fits-all regulation.
NEW SECTION.  Sec. 2. A new section is added to chapter 35.21 RCW to read as follows:
(1) A city may not require more than 0.5 parking space per multifamily dwelling unit or more than one parking space per single-family home.
(2) A city may not require more than two parking spaces per 1,000 square feet of commercial space.
(3) A city may not require any minimum parking requirements for:
(a) Residences under 1,200 square feet;
(b) Commercial spaces under 3,000 square feet;
(c) Affordable housing;
(d) Senior housing;
(e) Child care centers as defined in RCW 43.216.010 that are licensed or certified by the department of children, youth, and families;
(f) Ground level nonresidential spaces in mixed-use buildings; and
(g) A building undergoing a change of use from a nonresidential to a residential use.
(4) For purposes of this section, "affordable housing" has the same meaning as in RCW 36.70A.030.
(5) This section does not apply to requirements for parking spaces permanently marked for the exclusive use of individuals with disabilities in compliance with the Americans with disabilities act.
(6) The provisions of this section do not apply:
(a) To cities with a population of 30,000 or less, as determined by the population estimate of the office of financial management under RCW 43.62.030;
(b) If a city submits to the department of commerce an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations of this section will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than the city's current parking requirements; or
(c) To portions of cities within a one-mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements.
(7) Cities may require parking in excess of the limitations in this section for religious organizations and parking requirements for carpools.
(8) Cities are not prohibited from requiring temporary or time-restricted parking.
(9) Cities that have adopted substantially similar policies to the requirements established in this section may apply to the department of commerce for a determination of compliance with the requirements of this section. In determining what is substantially similar, the department of commerce shall consider whether:
(a) The city's parking requirements as of July 2025 have the same or lower parking minimums than the requirements of this section;
(b) The city's parking requirements are equal to the average number of parking stalls required per residential unit and the average number of parking stalls required per 1,000 square feet of commercial space; and
(c) The city's parking requirements for affordable housing, senior housing, housing for people with disabilities, and child care facilities are equivalent to the requirements of this section.
(10) Cities may submit a request for a variance from the requirements of this section to the department of commerce if compliance with the requirements of this section would be hazardous to the life, health, and safety of residents as confirmed by a building official or fire marshal, or their designees.
(11) Cities with a population between 30,000 and 100,000 shall implement the requirements of this section within three years of the effective date of this act. Cities with a population of 100,000 or greater shall implement the requirements of this act within 18 months of the effective date of this act.
NEW SECTION.  Sec. 3. A new section is added to chapter 35A.21 RCW to read as follows:
(1) A code city may not require more than 0.5 parking space per multifamily dwelling unit or more than one parking space per single-family home.
(2) A code city may not require more than two parking spaces per 1,000 square feet of commercial space.
(3) A code city may not require any minimum parking requirements for:
(a) Residences under 1,200 square feet;
(b) Commercial spaces under 3,000 square feet;
(c) Affordable housing;
(d) Senior housing;
(e) Child care centers as defined in RCW 43.216.010 that are licensed or certified by the department of children, youth, and families;
(f) Ground level nonresidential spaces in mixed-use buildings; and
(g) A building undergoing a change of use from a nonresidential to a residential use.
(4) For purposes of this section, "affordable housing" has the same meaning as in RCW 36.70A.030.
(5) This section does not apply to requirements for parking spaces permanently marked for the exclusive use of individuals with disabilities in compliance with the Americans with disabilities act.
(6) The provisions of this section do not apply:
(a) To code cities with a population of 30,000 or less, as determined by the population estimate of the office of financial management under RCW 43.62.030;
(b) If a code city submits to the department of commerce an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations of this section will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than the code city's current parking requirements; or
(c) To portions of code cities within a one-mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements.
(7) Code cities may require parking in excess of the limitations in this section for religious organizations and parking requirements for carpools.
(8) Code cities are not prohibited from requiring temporary or time-restricted parking.
(9) Code cities that have adopted substantially similar policies to the requirements established in this section may apply to the department of commerce for a determination of compliance with the requirements of this section. In determining what is substantially similar, the department of commerce shall consider whether:
(a) The code city's parking requirements as of July 2025 have the same or lower parking minimums than the requirements of this section;
(b) The code city's parking requirements are equal to the average number of parking stalls required per residential unit and the average number of parking stalls required per 1,000 square feet of commercial space; and
(c) The code city's parking requirements for affordable housing, senior housing, housing for people with disabilities, and child care facilities are equivalent to the requirements of this section.
(10) Code cities may submit a request for a variance from the requirements of this section to the department of commerce if compliance with the requirements of this section would be hazardous to the life, health, and safety of residents as confirmed by a building official or fire marshal, or their designees.
(11) Code cities with a population between 30,000 and 100,000 shall implement the requirements of this section within three years of the effective date of this act. Code cities with a population of 100,000 or greater shall implement the requirements of this act within 18 months of the effective date of this act.
NEW SECTION.  Sec. 4. A new section is added to chapter 36.01 RCW to read as follows:
(1) A county may not require more than 0.5 parking space per multifamily dwelling unit or more than one parking space per single-family home.
(2) A county may not require more than two parking spaces per 1,000 square feet of commercial space.
(3) A county may not require any minimum parking requirements for:
(a) Residences under 1,200 square feet;
(b) Commercial spaces under 3,000 square feet;
(c) Affordable housing;
(d) Senior housing;
(e) Child care centers as defined in RCW 43.216.010 that are licensed or certified by the department of children, youth, and families;
(f) Ground level nonresidential spaces in mixed-use buildings; and
(g) A building undergoing a change of use from a nonresidential to a residential use.
(4) For purposes of this section, "affordable housing" has the same meaning as in RCW 36.70A.030.
(5) This section does not apply to requirements for parking spaces permanently marked for the exclusive use of individuals with disabilities in compliance with the Americans with disabilities act.
(6) The provisions of this section do not apply:
(a) If a county submits to the department of commerce an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations of this section will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than the county's current parking requirements; or
(b) To portions of counties within a one-mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements.
(7) A county may require off-street parking if the county's roads are not developed to the standards for streets and roads adopted by the cities within that county.
(8) Counties may require parking in excess of the limitations in this section for religious organizations and parking requirements for carpools.
(9) Counties are not prohibited from requiring temporary or time-restricted parking.
(10) Counties that have adopted substantially similar policies to the requirements established in this section may apply to the department of commerce for a determination of compliance with the requirements of this section. In determining what is substantially similar, the department of commerce shall consider whether:
(a) The county's parking requirements as of July 2025 have the same or lower parking minimums than the requirements of this section;
(b) The county's parking requirements are equal to the average number of parking stalls required per residential unit and the average number of parking stalls required per 1,000 square feet of commercial space; and
(c) The county's parking requirements for affordable housing, senior housing, housing for people with disabilities, and child care facilities are equivalent to the requirements of this section.
(11) Counties with a population between 30,000 and 100,000 shall implement the requirements of this section within three years of the effective date of this act. Counties with a population of 100,000 or greater shall implement the requirements of this act within 18 months of the effective date of this act.
NEW SECTION.  Sec. 5. A new section is added to chapter 19.27 RCW to read as follows:
The state building code council shall research and, if necessary, adopt by rule updated accessible parking space requirements in the state building code promulgated under this chapter to align with current research on disability rates among drivers.
NEW SECTION.  Sec. 6. RCW 36.70A.620 (Cities planning under RCW 36.70A.040—Minimum residential parking requirements) and 2020 c 173 s 3 & 2019 c 348 s 5 are each repealed.
NEW SECTION.  Sec. 7. This act may be known and cited as the parking reform and modernization act."
Correct the title.
EFFECT: • Allows one parking space per single-family home and 0.5 parking space per multifamily residential unit, rather than 0.5 parking spaces for all residential units.
• Allows two parking spaces per 1,000 square feet of commercial space rather than one parking space.
• Allows jurisdictions to require parking in excess of the limitations on parking for religious organizations and carpools.
• Provides that jurisdictions are not restricted from requiring temporary or time-restricted parking.
• Allows jurisdictions that have adopted minimum parking requirements that are substantially similar to those required in the bill to seek a determination of compliance from the Department of Commerce.
• Establishes timelines for a jurisdiction to implement the bill's requirements based on the jurisdiction's population size.
• Exempts commercial buildings under 3,000 square feet from the limitations and prohibitions on parking requirements, rather than commercial buildings under 5,000 square feet.
• Removes certain exemptions from the limitations and prohibitions on parking requirements.
• Allows cities to request a variance from the limitations and prohibitions on parking requirements if development would be hazardous to the life, health, and safety of residents as confirmed by a building official or fire marshal, or their designees.
• Changes the exemption for commercial spaces in mixed-use projects to ground level nonresidential spaces in mixed-use buildings.
• Changes the exemption for existing buildings undergoing change of use to a building undergoing a change of use from a nonresidential to a residential use.
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