Z-0561.2

SENATE BILL 6026

BySenators Alvarado, Bateman, Conway, Frame, Liias, Nobles, and Shewmake; by request of Governor Ferguson

AN ACT Relating to residential development in commercial and mixed-use zones; adding a new section to chapter 36.70A RCW; and creating a new section.

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

NEW SECTION.  Sec. 2. A new section is added to chapter 36.70A RCW to read as follows:

(1) Except as provided in subsection (2) of this section, any city or county that is required or chooses to plan under RCW 36.70A.040 with a population of 30,000 or more, as determined by the office of financial management under RCW 43.62.030, is prohibited from excluding residential uses in areas zoned for commercial or mixed-use development. Any city or county subject to the requirements of this section may not require mixed use or ground floor commercial or retail as a condition of permitting development of residential housing, or a conditional use permit, special use permit, or departure from development regulations or design guidelines related to the location, siting, orientation, or architectural design features of residential or mixed-use development in areas zoned for commercial use.

(2) The limitations of subsection (1) of this section do not apply to any portion of a lot that:

(a) Is located in an industrial zone area where all residential uses, except caretaker's quarters, are prohibited;

(b) Is within 3,200 feet of an active oil or gas refinery;

(c) Requires the demolition of a structure designated as a historic landmark through a local preservation ordinance;

(d) Is located outside the urban growth area;

(e) Is in an area where residential uses are prohibited to implement RCW 36.70.547 or 36.70A.530;

(f) Is located on a waterfront lot in a shoreline environment where all multifamily residential or mixed-use development, except caretaker's quarters, are prohibited by a shoreline master program; or

(g) Is located in a critical area governed by a critical area ordinance, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met.

(3) Nothing in this section requires a city to issue a building permit if other federal, state, and local requirements for a building permit are not met.

(4) Except as provided in subsection (2) of this section, the requirements of subsection (1) of this section apply and take effect in any city or county that has not adopted or amended ordinances, regulations, or other official controls as required under this section by one year after the effective date of this section and supersede, preempt, and invalidate any conflicting local regulations.