Local gov. design review

AN ACT Relating to local government design review; and amending 1
RCW 36.70B.020, 36.70A.630, and 36.70A.635. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 36.70B.020 and 2023 c 338 s 5 are each amended to 4
read as follows: 5
Unless the context clearly requires otherwise, the definitions in 6
this section apply throughout this chapter. 7
(1) "Closed record appeal" means an administrative appeal on the 8
record to a local government body or officer, including the 9
legislative body, following an open record hearing on a project 10
permit application when the appeal is on the record with no or 11
limited new evidence or information allowed to be submitted and only 12
appeal argument allowed. 13
(2) "Local government" means a county, city, or town.14
(3) "Open record hearing" means a hearing, conducted by a single 15
hearing body or officer authorized by the local government to conduct 16
such hearings, that creates the local government's record through 17
testimony and submission of evidence and information, under 18
procedures prescribed by the local government by ordinance or 19
resolution. An open record hearing may be held prior to a local 20
government's decision on a project permit to be known as an "open 21
H-0381.1
HOUSE BILL 1160
State of Washington 69th Legislature 2025 Regular Session
By Representatives Walen, Ramel, Leavitt, and Duerr
Prefiled 01/03/25. Read first time 01/13/25. Referred to Committee
on Local Government.
p. 1 HB 1160
record predecision hearing." An open record hearing may be held on an 1
appeal, to be known as an "open record appeal hearing," if no open 2
record predecision hearing has been held on the project permit.3
(4) "Project permit" or "project permit application" means any 4
land use or environmental permit or license required from a local 5
government for a project action, including but not limited to 6
subdivisions, binding site plans, planned unit developments, 7
conditional uses, shoreline substantial development permits, site 8
plan review, permits or approvals required by critical area 9
ordinances, site-specific rezones which do not require a 10
comprehensive plan amendment, but excluding the adoption or amendment 11
of a comprehensive plan, subarea plan, or development regulations 12
except as otherwise specifically included in this subsection.13
(5) "Public meeting" means an informal meeting, hearing, 14
workshop, or other public gathering of people to obtain comments from 15
the public or other agencies on a proposed project permit prior to 16
the local government's decision. A public meeting may include, but is 17
not limited to, ((a design review or )) an architectural control board 18
meeting, a special review district or community council meeting, or a 19
scoping meeting on a draft environmental impact statement. A public 20
meeting does not include an open record hearing. The proceedings at a 21
public meeting may be recorded and a report or recommendation may be 22
included in the local government's project permit application file.23
Sec. 2. RCW 36.70A.630 and 2023 c 333 s 1 are each amended to 24
read as follows: 25
(1) ((For purposes of this section, "design review" means a 26
formally adopted local government process by which projects are 27
reviewed for compliance with design standards for the type of use 28
adopted through local ordinance.29
(2) Except as provided in subsection (3) of this section, 30
counties and cities planning under RCW 36.70A.040 may apply in any 31
design review process only clear and objective development 32
regulations governing the exterior design of new development. For 33
purposes of this section, a clear and objective development 34
regulation:35
(a) Must include one or more ascertainable guideline, standard, 36
or criterion by which an applicant can determine whether a given 37
building design is permissible under that development regulation; and38
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(b) May not result in a reduction in density, height, bulk, or 1
scale below the generally applicable development regulations for a 2
development proposal in the applicable zone.3
(3) The provisions of subsection (2) of this section do not apply 4
to development regulations that apply only to designated landmarks or 5
historic districts established under a local preservation ordinance.6
(4))) A local government planning under this chapter may not 7
require the submission of more than one architectural drawing as a 8
prerequisite to the review of a housing development permit 9
application, and, when reviewing such an application, may only 10
require administrative design review to determine compliance with any 11
applicable design standards unless additional design review is 12
otherwise required by state or federal law, or the developments 13
involve the alteration or removal of a structure designated as a 14
landmark or that is within a historic district established under a 15
local preservation ordinance.16
(2) Any design review process must be conducted concurrently, or 17
otherwise logically integrated, with the consolidated review and 18
decision process for project permits set forth in RCW 36.70B.120(3)19
((, and no design review process may include more than one public 20
meeting)). 21
(((5))) (3) A county or city must comply with the requirements of 22
this section beginning the sooner of six months after its next 23
periodic comprehensive plan update required under RCW 36.70A.130 or 24
six months after its next implementation progress report required 25
under RCW 36.70A.130.26
(4) For the purposes of this section, "housing development" means 27
a proposed or existing structure that is used as a home, residence, 28
or place to sleep by one or more persons including, but not limited 29
to, single-family residences, manufactured homes, multifamily 30
housing, group homes, and foster care facilities. 31
Sec. 3. RCW 36.70A.635 and 2024 c 152 s 2 are each amended to 32
read as follows: 33
(1) Except as provided in subsection (4) of this section, any 34
city that is required or chooses to plan under RCW 36.70A.040 must 35
provide by ordinance and incorporate into its development 36
regulations, zoning regulations, and other official controls, 37
authorization for the following: 38
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(a) For cities with a population of at least 25,000 but less than 1
75,000 based on office of financial management population estimates:2
(i) The development of at least two units per lot on all lots 3
zoned predominantly for residential use, unless zoning permitting 4
higher densities or intensities applies; 5
(ii) The development of at least four units per lot on all lots 6
zoned predominantly for residential use, unless zoning permitting 7
higher densities or intensities applies, within one-quarter mile 8
walking distance of a major transit stop; and 9
(iii) The development of at least four units per lot on all lots 10
zoned predominantly for residential use, unless zoning permitting 11
higher densities or intensities applies, if at least one unit is 12
affordable housing. 13
(b) For cities with a population of at least 75,000 based on 14
office of financial management population estimates:15
(i) The development of at least four units per lot on all lots 16
zoned predominantly for residential use, unless zoning permitting 17
higher densities or intensities applies; 18
(ii) The development of at least six units per lot on all lots 19
zoned predominantly for residential use, unless zoning permitting 20
higher densities or intensities applies, within one-quarter mile 21
walking distance of a major transit stop; and 22
(iii) The development of at least six units per lot on all lots 23
zoned predominantly for residential use, unless zoning permitting 24
higher densities or intensities applies, if at least two units are 25
affordable housing. 26
(c) For cities with a population of less than 25,000, that are 27
within a contiguous urban growth area with the largest city in a 28
county with a population of more than 275,000, based on office of 29
financial management population estimates the development of at least 30
two units per lot on all lots zoned predominantly for residential 31
use, unless zoning permitting higher densities or intensities 32
applies. 33
(2)(a) To qualify for the additional units allowed under 34
subsection (1) of this section, the applicant must commit to renting 35
or selling the required number of units as affordable housing. The 36
units must be maintained as affordable for a term of at least 50 37
years, and the property must satisfy that commitment and all required 38
affordability and income eligibility conditions adopted by the local 39
government under this chapter. A city must require the applicant to 40
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record a covenant or deed restriction that ensures the continuing 1
rental of units subject to these affordability requirements 2
consistent with the conditions in chapter 84.14 RCW for a period of 3
no less than 50 years. The covenant or deed restriction must also 4
address criteria and policies to maintain public benefit if the 5
property is converted to a use other than which continues to provide 6
for permanently affordable housing. 7
(b) The units dedicated as affordable must be provided in a range 8
of sizes comparable to other units in the development. To the extent 9
practicable, the number of bedrooms in affordable units must be in 10
the same proportion as the number of bedrooms in units within the 11
entire development. The affordable units must generally be 12
distributed throughout the development and have substantially the 13
same functionality as the other units in the development.14
(c) If a city has enacted a program under RCW 36.70A.540, the 15
terms of that program govern to the extent they vary from the 16
requirements of this subsection. 17
(3) If a city has enacted a program under RCW 36.70A.540, 18
subsection (1) of this section does not preclude the city from 19
requiring any development, including development described in 20
subsection (1) of this section, to provide affordable housing, either 21
on-site or through an in-lieu payment, nor limit the city's ability 22
to expand such a program or modify its requirements.23
(4)(a) As an alternative to the density requirements in 24
subsection (1) of this section, a city may implement the density 25
requirements in subsection (1) of this section for at least 75 26
percent of lots in the city that are primarily dedicated to single-27
family detached housing units. 28
(b) The 25 percent of lots for which the requirements of 29
subsection (1) of this section are not implemented must include but 30
are not limited to: 31
(i) Any areas within the city for which the department has 32
certified an extension of the implementation timelines under RCW 33
36.70A.637 due to the risk of displacement; 34
(ii) Any areas within the city for which the department has 35
certified an extension of the implementation timelines under RCW 36
36.70A.638 due to a lack of infrastructure capacity;37
(iii) Any lots, parcels, and tracts designated with critical 38
areas or their buffers that are exempt from the density requirements 39
as provided in subsection (8) of this section; 40
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(iv) Any portion of a city within a one-mile radius of a 1
commercial airport with at least 9,000,000 annual enplanements that 2
is exempt from the parking requirements under subsection (7)(b) of 3
this section; and 4
(v) Any areas subject to sea level rise, increased flooding, 5
susceptible to wildfires, or geological hazards over the next 100 6
years. 7
(c) Unless identified as at higher risk of displacement under RCW 8
36.70A.070(2)(g), the 25 percent of lots for which the requirements 9
of subsection (1) of this section are not implemented may not 10
include: 11
(i) Any areas for which the exclusion would further racially 12
disparate impacts or result in zoning with a discriminatory effect;13
(ii) Any areas within one-half mile walking distance of a major 14
transit stop; or 15
(iii) Any areas historically covered by a covenant or deed 16
restriction excluding racial minorities from owning property or 17
living in the area, as known to the city at the time of each 18
comprehensive plan update. 19
(5) A city subject to the requirements of subsection (1)(a) or 20
(b) of this section must allow at least six of the nine types of 21
middle housing to achieve the unit density required in subsection (1) 22
of this section. A city may allow accessory dwelling units to achieve 23
the unit density required in subsection (1) of this section. Cities 24
are not required to allow accessory dwelling units or middle housing 25
types beyond the density requirements in subsection (1) of this 26
section. A city must also allow zero lot line short subdivision where 27
the number of lots created is equal to the unit density required in 28
subsection (1) of this section. 29
(6) Any city subject to the requirements of this section:30
(a) ((If applying design review for middle housing, only 31
administrative design review shall be required;32
(b) Except as provided in (a) of this subsection, shall )) Shall 33
not require through development regulations any standards for middle 34
housing that are more restrictive than those required for detached 35
single-family residences, but may apply any objective development 36
regulations that are required for detached single-family residences, 37
including, but not limited to, set-back, lot coverage, stormwater, 38
clearing, and tree canopy and retention requirements;39
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(((c))) (b) Shall apply to middle housing the same development 1
permit and environmental review processes that apply to detached 2
single-family residences, unless otherwise required by state law 3
including, but not limited to, shoreline regulations under chapter 4
90.58 RCW, building codes under chapter 19.27 RCW, energy codes under 5
chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW;6
(((d))) (c) Shall not require off-street parking as a condition 7
of permitting development of middle housing within one-half mile 8
walking distance of a major transit stop; 9
(((e))) (d) Shall not require more than one off-street parking 10
space per unit as a condition of permitting development of middle 11
housing on lots no greater than 6,000 square feet before any zero lot 12
line subdivisions or lot splits; 13
(((f))) (e) Shall not require more than two off-street parking 14
spaces per unit as a condition of permitting development of middle 15
housing on lots greater than 6,000 square feet before any zero lot 16
line subdivisions or lot splits; and 17
(((g))) (f) Are not required to achieve the per unit density 18
under chapter 332, Laws of 2023 on lots after subdivision below 1,000 19
square feet unless the city chooses to enact smaller allowable lot 20
sizes. 21
(7) The provisions of subsection (6)(((d))) (c) through (((f))) 22
(e) of this section do not apply: 23
(a) If a local government submits to the department an empirical 24
study prepared by a credentialed transportation or land use planning 25
expert that clearly demonstrates, and the department finds and 26
certifies, that the application of the parking limitations of 27
subsection (6)(((d))) (c) through (((f))) (e) of this section for 28
middle housing will be significantly less safe for vehicle drivers or 29
passengers, pedestrians, or bicyclists than if the jurisdiction's 30
parking requirements were applied to the same location for the same 31
number of detached houses. The department must develop guidance to 32
assist cities on items to include in the study; or33
(b) To portions of cities within a one-mile radius of a 34
commercial airport in Washington with at least 9,000,000 annual 35
enplanements. 36
(8) The provisions of this section do not apply to:37
(a) Portions of a lot, parcel, or tract designated with critical 38
areas designated under RCW 36.70A.170 or their buffers as required by 39
RCW 36.70A.170, except for critical aquifer recharge areas where a 40
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single-family detached house is an allowed use provided that any 1
requirements to maintain aquifer recharge are met; 2
(b) Areas designated as sole-source aquifers by the United States 3
environmental protection agency on islands in the Puget Sound;4
(c) A watershed serving a reservoir for potable water if that 5
watershed is or was listed, as of July 23, 2023, as impaired or 6
threatened under section 303 (d) of the federal clean water act (33 7
U.S.C. Sec. 1313(d)); 8
(d) Lots that have been designated urban separators by countywide 9
planning policies as of July 23, 2023; or 10
(e) A lot that was created through the splitting of a single 11
residential lot. 12
(9) Nothing in this section prohibits a city from permitting 13
detached single-family residences. 14
(10) Nothing in this section requires a city to issue a building 15
permit if other federal, state, and local requirements for a building 16
permit are not met. 17
(11) A city must comply with the requirements of this section on 18
the latter of: 19
(a) Six months after its next periodic comprehensive plan update 20
required under RCW 36.70A.130 if the city meets the population 21
threshold based on the 2020 office of financial management population 22
data; or 23
(b) 12 months after their next implementation progress report 24
required under RCW 36.70A.130 after a determination by the office of 25
financial management that the city has reached a population threshold 26
established under this section. 27
(12) A city complying with this section and not granted a 28
timeline extension under RCW 36.70A.638 does not have to update its 29
capital facilities plan element required by RCW 36.70A.070(3) to 30
accommodate the increased housing required by chapter 332, Laws of 31
2023 until the first periodic comprehensive plan update required for 32
the city under RCW 36.70A.130(5) that occurs on or after June 30, 33
2034. 34
(13) Until June 30, 2026, for cities subject to a growth target 35
adopted under RCW 36.70A.210 that limit the maximum residential 36
capacity of the jurisdiction, any additional residential capacity 37
required by this section for lots, parcels, and tracts with critical 38
areas or critical area buffers outside of critical areas or their 39
buffers may not be considered an inconsistency with the countywide 40
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planning policies, multicounty planning policies, or growth targets 1
adopted under RCW 36.70A.210. 2
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