S-1315.1
SUBSTITUTE SENATE BILL 5235
State of Washington 68th Legislature 2023 Regular Session
By Senate Local Government, Land Use & Tribal Affairs (originally
sponsored by Senators Shewmake, Frame, Lovelett, Nguyen, Pedersen,
and Salomon)
READ FIRST TIME 02/10/23.
1 AN ACT Relating to accessory dwelling units; amending RCW
2 36.70A.696, 36.70A.697, and 36.70A.698; reenacting and amending RCW
3 36.70A.070; adding new sections to chapter 36.70A RCW; and creating a
4 new section.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. The legislature finds that there is a
7 shortage of affordable housing units available for home ownership or
8 long-term rental within most urban growth areas of the state. This
9 lack of affordable housing forces many residents to spend more than
10 30 percent of their household income on housing, greatly increasing
11 housing insecurity and contributing to the state's crisis of
12 unacceptable numbers of persons experiencing homelessness. Increasing
13 the availability of accessory dwelling units, also referred to as
14 "ADUs," may increase opportunities for people to age in their own
15 home and increase multigenerational family ties along with offering
16 opportunities to reduce intergenerational poverty by increasing home
17 ownership. The legislature finds that accessory dwelling units can be
18 one way to add affordable long-term housing and to provide a needed
19 increase in housing density within urban growth areas with benefits
20 to reducing fossil fuel use and other contributions to climate change
21 due to housing and transportation patterns. The legislature seeks to
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 1 encourage accessory dwelling unit availability as a modest housing
2 option by streamlining local government regulations that may
3 unintentionally make accessory dwelling units less economical. Since
4 residents in a region may be choosing between cities, it is important
5 to acknowledge that one city cannot build affordability on its own.
6 An expansion in supply of affordable housing in a small city, but not
7 neighboring cities, may satisfy some of the demand for affordable
8 housing, but without a regional strategy, small cities will not be
9 able to build affordability on their own. Statewide action is needed.
10 Furthermore, the legislature finds that research from several cities
11 shows that when accessory dwelling units are built or that are
12 converted and offered for short-term rental for tourists and business
13 visitors, they may not improve housing affordability. Therefore, it
14 is the intent of the legislature to meet these important policy goals
15 by increasing the availability of accessory dwelling units as modest
16 housing options, limiting the restrictions that can be imposed on the
17 development and use of accessory dwelling units within urban growth
18 areas, and authorizing local governments to adopt programs to
19 incentivize or reduce local government-imposed cost or time related
20 obstacles to the development of accessory dwelling units when the
21 accessory dwelling units will be utilized for long-term housing.
22 Sec. 2. RCW 36.70A.070 and 2022 c 246 s 2 and 2022 c 220 s 1 are
23 each reenacted and amended to read as follows:
24 The comprehensive plan of a county or city that is required or
25 chooses to plan under RCW 36.70A.040 shall consist of a map or maps,
26 and descriptive text covering objectives, principles, and standards
27 used to develop the comprehensive plan. The plan shall be an
28 internally consistent document and all elements shall be consistent
29 with the future land use map. A comprehensive plan shall be adopted
30 and amended with public participation as provided in RCW 36.70A.140.
31 Each comprehensive plan shall include a plan, scheme, or design for
32 each of the following:
33 (1) A land use element designating the proposed general
34 distribution and general location and extent of the uses of land,
35 where appropriate, for agriculture, timber production, housing,
36 commerce, industry, recreation, open spaces, general aviation
37 airports, public utilities, public facilities, and other land uses.
38 The land use element shall include population densities, building
39 intensities, and estimates of future population growth. The land use
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 1 element shall provide for protection of the quality and quantity of
2 groundwater used for public water supplies. Wherever possible, the
3 land use element should consider utilizing urban planning approaches
4 that promote physical activity. Where applicable, the land use
5 element shall review drainage, flooding, and stormwater runoff in the
6 area and nearby jurisdictions and provide guidance for corrective
7 actions to mitigate or cleanse those discharges that pollute waters
8 of the state, including Puget Sound or waters entering Puget Sound.
9 (2) A housing element ensuring the vitality and character of
10 established residential neighborhoods that:
11 (a) Includes an inventory and analysis of existing and projected
12 housing needs that identifies the number of housing units necessary
13 to manage projected growth, as provided by the department of
14 commerce, including:
15 (i) Units for moderate, low, very low, and extremely low-income
16 households; and
17 (ii) Emergency housing, emergency shelters, and permanent
18 supportive housing;
19 (b) Includes a statement of goals, policies, objectives, and
20 mandatory provisions for the preservation, improvement, and
21 development of housing, including single-family residences, and
22 within an urban growth area boundary, moderate density housing
23 options including, but not limited to, duplexes, triplexes, and
24 townhomes;
25 (c) Identifies sufficient capacity of land for housing including,
26 but not limited to, government-assisted housing, housing for
27 moderate, low, very low, and extremely low-income households,
28 manufactured housing, multifamily housing, group homes, foster care
29 facilities, emergency housing, emergency shelters, permanent
30 supportive housing, and within an urban growth area boundary,
31 consideration of duplexes, triplexes, and townhomes;
32 (d) Makes adequate provisions for existing and projected needs of
33 all economic segments of the community, including:
34 (i) Incorporating consideration for low, very low, extremely low,
35 and moderate-income households;
36 (ii) Documenting programs and actions needed to achieve housing
37 availability including gaps in local funding, barriers such as
38 development regulations, and other limitations;
39 (iii) Consideration of housing locations in relation to
40 employment location; and
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 1 (iv) Consideration ((of the role)) and utilization of accessory
2 dwelling units in meeting housing needs in compliance with RCW
3 36.70A.698;
4 (e) Identifies local policies and regulations that result in
5 racially disparate impacts, displacement, and exclusion in housing,
6 including:
7 (i) Zoning that may have a discriminatory effect;
8 (ii) Disinvestment; and
9 (iii) Infrastructure availability;
10 (f) Identifies and implements policies and regulations to address
11 and begin to undo racially disparate impacts, displacement, and
12 exclusion in housing caused by local policies, plans, and actions;
13 (g) Identifies areas that may be at higher risk of displacement
14 from market forces that occur with changes to zoning development
15 regulations and capital investments; and
16 (h) Establishes antidisplacement policies, with consideration
17 given to the preservation of historical and cultural communities as
18 well as investments in low, very low, extremely low, and moderate-
19 income housing; equitable development initiatives; inclusionary
20 zoning; community planning requirements; tenant protections; land
21 disposition policies; and consideration of land that may be used for
22 affordable housing.
23 In counties and cities subject to the review and evaluation
24 requirements of RCW 36.70A.215, any revision to the housing element
25 shall include consideration of prior review and evaluation reports
26 and any reasonable measures identified. The housing element should
27 link jurisdictional goals with overall county goals to ensure that
28 the housing element goals are met.
29 The adoption of ordinances, development regulations and
30 amendments to such regulations, and other nonproject actions taken by
31 a city that is required or chooses to plan under RCW 36.70A.040 that
32 increase housing capacity, increase housing affordability, and
33 mitigate displacement as required under this subsection (2) and that
34 apply outside of critical areas are not subject to administrative or
35 judicial appeal under chapter 43.21C RCW unless the adoption of such
36 ordinances, development regulations and amendments to such
37 regulations, or other nonproject actions has a probable significant
38 adverse impact on fish habitat.
39 (3) A capital facilities plan element consisting of: (a) An
40 inventory of existing capital facilities owned by public entities,
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 1 showing the locations and capacities of the capital facilities; (b) a
2 forecast of the future needs for such capital facilities; (c) the
3 proposed locations and capacities of expanded or new capital
4 facilities; (d) at least a six-year plan that will finance such
5 capital facilities within projected funding capacities and clearly
6 identifies sources of public money for such purposes; and (e) a
7 requirement to reassess the land use element if probable funding
8 falls short of meeting existing needs and to ensure that the land use
9 element, capital facilities plan element, and financing plan within
10 the capital facilities plan element are coordinated and consistent.
11 Park and recreation facilities shall be included in the capital
12 facilities plan element.
13 (4) A utilities element consisting of the general location,
14 proposed location, and capacity of all existing and proposed
15 utilities((,)) including, but not limited to, electrical lines,
16 telecommunication lines, and natural gas lines.
17 (5) Rural element. Counties shall include a rural element
18 including lands that are not designated for urban growth,
19 agriculture, forest, or mineral resources. The following provisions
20 shall apply to the rural element:
21 (a) Growth management act goals and local circumstances. Because
22 circumstances vary from county to county, in establishing patterns of
23 rural densities and uses, a county may consider local circumstances,
24 but shall develop a written record explaining how the rural element
25 harmonizes the planning goals in RCW 36.70A.020 and meets the
26 requirements of this chapter.
27 (b) Rural development. The rural element shall permit rural
28 development, forestry, and agriculture in rural areas. The rural
29 element shall provide for a variety of rural densities, uses,
30 essential public facilities, and rural governmental services needed
31 to serve the permitted densities and uses. To achieve a variety of
32 rural densities and uses, counties may provide for clustering,
33 density transfer, design guidelines, conservation easements, and
34 other innovative techniques that will accommodate appropriate rural
35 economic advancement, densities, and uses that are not characterized
36 by urban growth and that are consistent with rural character.
37 (c) Measures governing rural development. The rural element shall
38 include measures that apply to rural development and protect the
39 rural character of the area, as established by the county, by:
40 (i) Containing or otherwise controlling rural development;
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 1 (ii) Assuring visual compatibility of rural development with the
2 surrounding rural area;
3 (iii) Reducing the inappropriate conversion of undeveloped land
4 into sprawling, low-density development in the rural area;
5 (iv) Protecting critical areas, as provided in RCW 36.70A.060,
6 and surface water and groundwater resources; and
7 (v) Protecting against conflicts with the use of agricultural,
8 forest, and mineral resource lands designated under RCW 36.70A.170.
9 (d) Limited areas of more intensive rural development. Subject to
10 the requirements of this subsection and except as otherwise
11 specifically provided in this subsection (5)(d), the rural element
12 may allow for limited areas of more intensive rural development,
13 including necessary public facilities and public services to serve
14 the limited area as follows:
15 (i) Rural development consisting of the infill, development, or
16 redevelopment of existing commercial, industrial, residential, or
17 mixed-use areas, whether characterized as shoreline development,
18 villages, hamlets, rural activity centers, or crossroads
19 developments.
20 (A) A commercial, industrial, residential, shoreline, or mixed-
21 use area are subject to the requirements of (d)(iv) of this
22 subsection, but are not subject to the requirements of (c)(ii) and
23 (iii) of this subsection.
24 (B) Any development or redevelopment other than an industrial
25 area or an industrial use within a mixed-use area or an industrial
26 area under this subsection (5)(d)(i) must be principally designed to
27 serve the existing and projected rural population.
28 (C) Any development or redevelopment in terms of building size,
29 scale, use, or intensity may be permitted subject to confirmation
30 from all existing providers of public facilities and public services
31 of sufficient capacity of existing public facilities and public
32 services to serve any new or additional demand from the new
33 development or redevelopment. Development and redevelopment may
34 include changes in use from vacant land or a previously existing use
35 so long as the new use conforms to the requirements of this
36 subsection (5) and is consistent with the local character. Any
37 commercial development or redevelopment within a mixed-use area must
38 be principally designed to serve the existing and projected rural
39 population and must meet the following requirements:
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 1 (I) Any included retail or food service space must not exceed the
2 footprint of previously occupied space or 5,000 square feet,
3 whichever is greater, for the same or similar use; and
4 (II) Any included retail or food service space must not exceed
5 2,500 square feet for a new use;
6 (ii) The intensification of development on lots containing, or
7 new development of, small-scale recreational or tourist uses,
8 including commercial facilities to serve those recreational or
9 tourist uses, that rely on a rural location and setting, but that do
10 not include new residential development. A small-scale recreation or
11 tourist use is not required to be principally designed to serve the
12 existing and projected rural population. Public services and public
13 facilities shall be limited to those necessary to serve the
14 recreation or tourist use and shall be provided in a manner that does
15 not permit low-density sprawl;
16 (iii) The intensification of development on lots containing
17 isolated nonresidential uses or new development of isolated cottage
18 industries and isolated small-scale businesses that are not
19 principally designed to serve the existing and projected rural
20 population and nonresidential uses, but do provide job opportunities
21 for rural residents. Rural counties may allow the expansion of small-
22 scale businesses as long as those small-scale businesses conform with
23 the rural character of the area as defined by the local government
24 according to RCW 36.70A.030(23). Rural counties may also allow new
25 small-scale businesses to utilize a site previously occupied by an
26 existing business as long as the new small-scale business conforms to
27 the rural character of the area as defined by the local government
28 according to RCW 36.70A.030(23). Public services and public
29 facilities shall be limited to those necessary to serve the isolated
30 nonresidential use and shall be provided in a manner that does not
31 permit low-density sprawl;
32 (iv) A county shall adopt measures to minimize and contain the
33 existing areas of more intensive rural development, as appropriate,
34 authorized under this subsection. Lands included in such existing
35 areas shall not extend beyond the logical outer boundary of the
36 existing area, thereby allowing a new pattern of low-density sprawl.
37 Existing areas are those that are clearly identifiable and contained
38 and where there is a logical boundary delineated predominately by the
39 built environment, but that may also include undeveloped lands if
40 limited as provided in this subsection. The county shall establish
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 1 the logical outer boundary of an area of more intensive rural
2 development. In establishing the logical outer boundary, the county
3 shall addres