Transit-oriented housing dev

AN ACT Relating to promoting community and transit-oriented 1
housing development; amending RCW 36.70A.030 and 43.21C.229; adding 2
new sections to chapter 36.70A RCW; adding a new section to chapter 3
64.38 RCW; adding a new section to chapter 64.90 RCW; adding a new 4
section to chapter 64.34 RCW; adding a new section to chapter 64.32 5
RCW; creating a new section; and providing expiration dates.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. The legislature finds that the state has 8
made groundbreaking investments in state-of-the-art mass transit and 9
intermodal infrastructure. The legislature finds that to maximize the 10
state's return on these investments, land use policies and practices 11
must allow housing development to keep pace with progress being 12
implemented in transportation infrastructure development. The 13
legislature also intends new development to reflect the state's 14
commitment to affordable housing and vibrant, walkable, accessible 15
urban environments that improve health, expand multimodal 16
transportation options, and include varied community facilities, 17
parks, and green spaces that are open to people of all income levels.18
The legislature recognizes that cities planning under chapter 19
36.70A RCW require direction and technical assistance to ensure the 20
benefits of state transportation investments are maximized and shared 21
H-0580.3
HOUSE BILL 1491
State of Washington 69th Legislature 2025 Regular Session
By Representatives Reed, Richards, Berry, Duerr, Cortes, Doglio, Ryu,
Fitzgibbon, Alvarado, Davis, Ramel, Parshley, Mena, Peterson, Nance,
Macri, Fosse, Kloba, Ormsby, Scott, Pollet, Hill, Obras, and Simmons
Read first time 01/21/25. Referred to Committee on Housing.
p. 1 HB 1491
equitably while avoiding unnecessary programmatic and cost burdens to 1
local governments in their comprehensive planning, code enactment, 2
and permit processing workloads. The legislature further recognizes 3
that regulatory flexibility and local control are also important 4
features of optimal planning outcomes. 5
Sec. 2. RCW 36.70A.030 and 2024 c 152 s 1 are each amended to 6
read as follows: 7
Unless the context clearly requires otherwise, the definitions in 8
this section apply throughout this chapter. 9
(1) "Active transportation" means forms of pedestrian mobility 10
including walking or running, the use of a mobility assistive device 11
such as a wheelchair, bicycling and cycling irrespective of the 12
number of wheels, and the use of small personal devices such as foot 13
scooters or skateboards. Active transportation includes both 14
traditional and electric assist bicycles and other devices. Planning 15
for active transportation must consider and address accommodation 16
pursuant to the Americans with disabilities act and the distinct 17
needs of each form of active transportation. 18
(2) "Active transportation facilities" means facilities provided 19
for the safety and mobility of active transportation users including, 20
but not limited to, trails, as defined in RCW 47.30.005, sidewalks, 21
bike lanes, shared-use paths, and other facilities in the public 22
right-of-way. 23
(3) "Administrative design review" means a development permit 24
process whereby an application is reviewed, approved, or denied by 25
the planning director or the planning director's designee based 26
solely on objective design and development standards without a public 27
predecision hearing, unless such review is otherwise required by 28
state or federal law, or the structure is a designated landmark or 29
historic district established under a local preservation ordinance. A 30
city may utilize public meetings, hearings, or voluntary review 31
boards to consider, recommend, or approve requests for variances from 32
locally established design review standards. 33
(4) "Adopt a comprehensive land use plan" means to enact a new 34
comprehensive land use plan or to update an existing comprehensive 35
land use plan. 36
(5) "Affordable housing" means, unless the context clearly 37
indicates otherwise, residential housing whose monthly costs, 38
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including utilities other than telephone, do not exceed ((thirty)) 30 1
percent of the monthly income of a household whose income is:2
(a) For rental housing, 60 percent of the median household income 3
adjusted for household size, for the county where the household is 4
located, as reported by the United States department of housing and 5
urban development; or 6
(b) For owner-occupied housing, 80 percent of the median 7
household income adjusted for household size, for the county where 8
the household is located, as reported by the United States department 9
of housing and urban development. 10
(6) "Agricultural land" means land primarily devoted to the 11
commercial production of horticultural, viticultural, floricultural, 12
dairy, apiary, vegetable, or animal products or of berries, grain, 13
hay, straw, turf, seed, Christmas trees not subject to the excise tax 14
imposed by RCW 84.33.100 through 84.33.140, finfish in upland 15
hatcheries, or livestock, and that has long-term commercial 16
significance for agricultural production. 17
(7) "City" means any city or town, including a code city.18
(8) "Comprehensive land use plan," "comprehensive plan," or 19
"plan" means a generalized coordinated land use policy statement of 20
the governing body of a county or city that is adopted pursuant to 21
this chapter. 22
(9) "Cottage housing" means residential units on a lot with a 23
common open space that either: (a) Is owned in common; or (b) has 24
units owned as condominium units with property owned in common and a 25
minimum of 20 percent of the lot size as open space.26
(10) "Courtyard apartments" means attached dwelling units 27
arranged on two or three sides of a yard or court.28
(11) "Critical areas" include the following areas and ecosystems: 29
(a) Wetlands; (b) areas with a critical recharging effect on aquifers 30
used for potable water; (c) fish and wildlife habitat conservation 31
areas; (d) frequently flooded areas; and (e) geologically hazardous 32
areas. "Fish and wildlife habitat conservation areas" does not 33
include such artificial features or constructs as irrigation delivery 34
systems, irrigation infrastructure, irrigation canals, or drainage 35
ditches that lie within the boundaries of and are maintained by a 36
port district or an irrigation district or company.37
(12) "Department" means the department of commerce.38
(13) "Development regulations" or "regulation" means the controls 39
placed on development or land use activities by a county or city, 40
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including, but not limited to, zoning ordinances, critical areas 1
ordinances, shoreline master programs, official controls, planned 2
unit development ordinances, subdivision ordinances, and binding site 3
plan ordinances together with any amendments thereto. A development 4
regulation does not include a decision to approve a project permit 5
application, as defined in RCW 36.70B.020, even though the decision 6
may be expressed in a resolution or ordinance of the legislative body 7
of the county or city. 8
(14) "Emergency housing" means temporary indoor accommodations 9
for individuals or families who are homeless or at imminent risk of 10
becoming homeless that is intended to address the basic health, food, 11
clothing, and personal hygiene needs of individuals or families. 12
Emergency housing may or may not require occupants to enter into a 13
lease or an occupancy agreement. 14
(15) "Emergency shelter" means a facility that provides a 15
temporary shelter for individuals or families who are currently 16
homeless. Emergency shelter may not require occupants to enter into a 17
lease or an occupancy agreement. Emergency shelter facilities may 18
include day and warming centers that do not provide overnight 19
accommodations. 20
(16) "Environmental justice" means the fair treatment and 21
meaningful involvement of all people regardless of race, color, 22
national origin, or income with respect to development, 23
implementation, and enforcement of environmental laws, regulations, 24
and policies. Environmental justice includes addressing 25
disproportionate environmental and health impacts in all laws, rules, 26
and policies with environmental impacts by prioritizing vulnerable 27
populations and overburdened communities and the equitable 28
distribution of resources and benefits. 29
(17) "Extremely low-income household" means a single person, 30
family, or unrelated persons living together whose adjusted income is 31
at or below ((thirty)) 30 percent of the median household income 32
adjusted for household size, for the county where the household is 33
located, as reported by the United States department of housing and 34
urban development. 35
(18) "Forestland" means land primarily devoted to growing trees 36
for long-term commercial timber production on land that can be 37
economically and practically managed for such production, including 38
Christmas trees subject to the excise tax imposed under RCW 84.33.100 39
through 84.33.140, and that has long-term commercial significance. In 40
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determining whether forestland is primarily devoted to growing trees 1
for long-term commercial timber production on land that can be 2
economically and practically managed for such production, the 3
following factors shall be considered: (a) The proximity of the land 4
to urban, suburban, and rural settlements; (b) surrounding parcel 5
size and the compatibility and intensity of adjacent and nearby land 6
uses; (c) long-term local economic conditions that affect the ability 7
to manage for timber production; and (d) the availability of public 8
facilities and services conducive to conversion of forestland to 9
other uses. 10
(19) "Freight rail dependent uses" means buildings and other 11
infrastructure that are used in the fabrication, processing, storage, 12
and transport of goods where the use is dependent on and makes use of 13
an adjacent short line railroad. Such facilities are both urban and 14
rural development for purposes of this chapter. "Freight rail 15
dependent uses" does not include buildings and other infrastructure 16
that are used in the fabrication, processing, storage, and transport 17
of coal, liquefied natural gas, or "crude oil" as defined in RCW 18
90.56.010. 19
(20) "Geologically hazardous areas" means areas that because of 20
their susceptibility to erosion, sliding, earthquake, or other 21
geological events, are not suited to the siting of commercial, 22
residential, or industrial development consistent with public health 23
or safety concerns. 24
(21) "Green infrastructure" means a wide array of natural assets 25
and built structures within an urban growth area boundary, including 26
parks and other areas with protected tree canopy, and management 27
practices at multiple scales that manage wet weather and that 28
maintain and restore natural hydrology by storing, infiltrating, 29
evapotranspiring, and harvesting and using stormwater.30
(22) "Green space" means an area of land, vegetated by natural 31
features such as grass, trees, or shrubs, within an urban context and 32
less than one acre in size that creates public value through one or 33
more of the following attributes: 34
(a) Is accessible to the public; 35
(b) Promotes physical and mental health of residents;36
(c) Provides relief from the urban heat island effects;37
(d) Promotes recreational and aesthetic values;38
(e) Protects streams or water supply; or 39
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(f) Preserves visual quality along highway, road, or street 1
corridors. 2
(23) "Long-term commercial significance" includes the growing 3
capacity, productivity, and soil composition of the land for long-4
term commercial production, in consideration with the land's 5
proximity to population areas, and the possibility of more intense 6
uses of the land. 7
(24) "Low-income household" means a single person, family, or 8
unrelated persons living together whose adjusted income is at or 9
below ((eighty)) 80 percent of the median household income adjusted 10
for household size, for the county where the household is located, as 11
reported by the United States department of housing and urban 12
development. 13
(25) "Major transit stop" means: 14
(a) A stop on a high capacity transportation system funded or 15
expanded under the provisions of chapter 81.104 RCW;16
(b) Commuter rail stops; 17
(c) Stops on rail or fixed guideway systems; or18
(d) Stops on bus rapid transit routes, including those stops that 19
are under construction. 20
(26) "Middle housing" means buildings that are compatible in 21
scale, form, and character with single-family houses and contain two 22
or more attached, stacked, or clustered homes including duplexes, 23
triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked 24
flats, courtyard apartments, and cottage housing. 25
(27) "Minerals" include gravel, sand, and valuable metallic 26
substances. 27
(28) "Moderate-income household" means a single person, family, 28
or unrelated persons living together whose adjusted income is at or 29
below 120 percent of the median household income adjusted for 30
household size, for the county where the household is located, as 31
reported by the United States department of housing and urban 32
development. 33
(29) "Overburdened community" means a geographic area where 34
vulnerable populations face combined, multiple environmental harms 35
and health impacts, and includes, but is not limited to, highly 36
impacted communities as defined in RCW 19.405.020.37
(30) "Per capita vehicle miles traveled" means the number of 38
miles traveled using cars and light trucks in a calendar year divided 39
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by the number of residents in Washington. The calculation of this 1
value excludes vehicle miles driven conveying freight.2
(31) "Permanent supportive housing" is subsidized, leased housing 3
with no limit on length of stay that prioritizes people who need 4
comprehensive support services to retain tenancy and utilizes 5
admissions practices designed to use lower barriers to entry than 6
would be typical for other subsidized or unsubsidized rental housing, 7
especially related to rental history, criminal history, and personal 8
behaviors. Permanent supportive housing is paired with on-site or 9
off-site voluntary services designed to support a person living with 10
a complex and disabling behavioral health or physical health 11
condition who was experiencing homelessness or was at imminent risk 12
of homelessness prior to moving into housing to retain their housing 13
and be a successful tenant in a housing arrangement, improve the 14
resident's health status, and connect the resident of the housing 15
with community-based health care, treatment, or employment services. 16
Permanent supportive housing is subject to all of the rights and 17
responsibilities defined in chapter 59.18 RCW. 18
(32) "Public facilities" include streets, roads, highways, 19
sidewalks, street and road lighting systems, traffic signals, 20
domestic water systems, storm and sanitary sewer systems, parks and 21
recreational facilities, and schools. 22
(33) "Public services" include fire protection and suppression, 23
law enforcement, public health, education, recreation, environmental 24
protection, and other governmental services. 25
(34) "Recreational land" means land so designated under RCW 26
36.70A.1701 and that, immediately prior to this designation, was 27
designated as agricultural land of long-term commercial significance 28
under RCW 36.70A.170. Recreational land must have playing fields and 29
supporting facilities existing before July 1, 2004, for sports played 30
on grass playing fields. 31
(35) "Rural character" refers to the patterns of land use and 32
development established by a county in the rural element of its 33
comprehensive plan: 34
(a) In which open space, the natural landscape, and vegetation 35
predominate over the built environment; 36
(b) That foster traditional rural lifestyles, rural-based 37
economies, and opportunities to both live and work in rural areas;38
(c) That provide visual landscapes that are traditionally found 39
in rural areas and communities; 40
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(d) That are compatible with the use of the land by wildlife and 1
for fish and wildlife habitat; 2
(e) That reduce the inappropriate conversion of undeveloped land 3
into sprawling, low-density development; 4
(f) That generally do not require the extension of urban 5
governmental services; and 6
(g) That are consistent with the protection of natural surface 7
water flows and groundwater and surface water recharge and discharge 8
areas. 9
(36) "Rural development" refers to development outside the urban 10
growth area and outside agricultural, forest, and mineral resource 11
lands designated pursuant to RCW 36.70A.170. Rural development can 12
consist of a variety of uses and residential densities, including 13
clustered residential development, at levels that are consistent with 14
the preservation of rural character and the requirements of the rural 15
element. Rural development does not refer to agriculture or forestry 16
activities that may be conducted in rural areas. 17
(37) "Rural governmental services" or "rural services" include 18
those public services and public facilities historically and 19
typically delivered at an intensity usually found in rural areas, and 20
may include domestic water systems and fire and police protection 21
services associated with rural development and normally not 22
associated with urban areas. Rural services do not include storm or 23
sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).24
(38) "Short line railroad" means those railroad lines designated 25
class II or class III by the United States surface transportation 26
board. 27
(39) "Single-family zones" means those zones where single-family 28
detached housing is the predominant land use. 29
(40) "Stacked flat" means dwelling units in a residential 30
building of no more than three stories on a residential zoned lot in 31
which each floor may be separately rented or owned.32
(41) "Townhouses" means buildings that contain three or more 33
attached single-family dwelling units that extend from foundation to 34
roof and that have a yard or public way on not less than two sides.35
(42) "Transportation system" means all infrastructure and 36
services for all forms of transportation within a geographical area, 37
irrespective of the responsible jurisdiction or transportation 38
provider. 39
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(43) "Urban governmental services" or "urban services" include 1
those public services and public facilities at an intensity 2
historically and typically provided in cities, specifically including 3
storm and sanitary sewer systems, domestic water systems, street 4
cleaning services, fire and police protection services, public 5
transit services, and other public utilities associated with urban 6
areas and normally not associated with rural areas.7
(44) "Urban growth" refers to growth that makes intensive use of 8
land for the location of buildings, structures, and impermeable 9
surfaces to such a degree as to be incompatible with the primary use 10
of land for the production of food, other agricultural products, or 11
fiber, or the extraction of mineral resources, rural uses, rural 12
development, and natural resource lands designated pursuant to RCW 13
36.70A.170. A pattern of more intensive rural development, as 14
provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed 15
to spread over wide areas, urban growth typically requires urban 16
governmental services. "Characterized by urban growth" refers to land 17
having urban growth located on it, or to land located in relationship 18
to an area with urban growth on it as to be appropriate for urban 19
growth. 20
(45) "Urban growth areas" means those areas designated by a 21
county pursuant to RCW 36.70A.110. 22
(46) "Very low-income household" means a single person, family, 23
or unrelated persons living together whose adjusted income is at or 24
below ((fifty)) 50 percent of the median household income adjusted 25
for household size, for the county where the household is located, as 26
reported by the United States department of housing and urban 27
development. 28
(47)(a) "Vulnerable populations" means population groups that are 29
more likely to be at higher risk for poor health outcomes in response 30
to environmental harms, due to: (i) Adverse socioeconomic factors, 31
such as unemployment, high housing and transportation costs relative 32
to income, limited access to nutritious food and adequate health 33
care, linguistic isolation, and other factors that negatively affect 34
health outcomes and increase vulnerability to the effects of 35
environmental harms; and (ii) sensitivity factors, such as low birth 36
weight and higher rates of hospitalization. 37
(b) "Vulnerable populations" includes, but is not limited to:38
(i) Racial or ethnic minorities; 39
(ii) Low-income populations; and 40
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(iii) Populations disproportionately impacted by environmental 1
harms. 2
(48) "Wetland" or "wetlands" means areas that are inundated or 3
saturated by surface water or groundwater at a frequency and duration 4
sufficient to support, and that under normal circumstances do 5
support, a prevalence of vegetation typically adapted for life in 6
saturated soil conditions. Wetlands generally include swamps, 7
marshes, bogs, and similar areas. Wetlands do not include those 8
artificial wetlands intentionally created from nonwetland sites, 9
including, but not limited to, irrigation and drainage ditches, 10
grass-lined swales, canals, detention facilities, wastewater 11
treatment facilities, farm ponds, and landscape amenities, or those 12
wetlands created after July 1, 1990, that were unintentionally 13
created as a result of the construction of a road, street, or 14
highway. Wetlands may include those artificial wetlands intentionally 15
created from nonwetland areas created to mitigate conversion of 16
wetlands. 17
(49) "Wildland urban interface" means the geographical area where 18
structures and other human development meets or intermingles with 19
wildland vegetative fuels. 20
(50) "Floor area ratio" means a measure of development intensity 21
equal to building square footage divided by the developable property 22
square footage. Developable property excludes public facilities and 23
portions of lots with critical areas and critical area buffers as 24
designated in RCW 36.70A.060, except for critical aquifer recharge 25
areas where a single-family detached house is an allowed use provided 26
that any requirements to maintain aquifer recharge are met.27
(51) "Station area" means all lots that are:28
(a) Fully within an urban growth area; and29
(b) Fully or partially within:30
(i) One-half mile walking distance of an entrance to a train 31
station with a stop on a light rail system, a commuter rail stop, or 32
a stop on rail or fixed guideway systems; or33
(ii) One-quarter mile walking distance of a stop on a fixed route 34
bus system that is designated as a bus rapid transit stop in the 35
transit development plan as required in RCW 35.58.2795, for which an 36
environmental determination has been issued as required under chapter 37
43.21C RCW, and that features fixed transit assets that indicate 38
permanent, high capacity service including, but not limited to, 39
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elevated platforms or enhanced stations, off-board fare collection, 1
dedicated lanes, busways, or transit signal priority.2
(52) "Workforce housing" means rental housing with monthly costs 3
that do not exceed 30 percent of the monthly income of a household 4
whose income is at or below 80 percent of the median household income 5
adjusted for household size, for the county where the household is 6
located, as reported by the United States department of housing and 7
urban development.8
NEW SECTION. Sec. 3. A new section is added to chapter 36.70A 9
RCW to read as follows: 10
(1) Cities planning under RCW 36.70A.040 may not enact or enforce 11
any development regulation within a station area that would prohibit 12
the siting of multifamily residential housing on lots where any other 13
residential use is permissible. 14
(2)(a) Cities planning under RCW 36.70A.040 must allow new 15
residential and mixed-use development within any station area at the 16
transit-oriented development density of: 17
(i) At least 3.5 floor area ratio, on average, within one-half 18
mile walking distance of an entrance to a train station with a stop 19
on a light rail system, a commuter rail stop, or a stop on rail or 20
fixed guideway systems; and 21
(ii) At least 2.5 floor area ratio, on average, or at least a 3.0 22
floor area ratio, on average if a city exempts up to 25 percent of 23
station areas, within one-quarter mile walking distance of a stop on 24
a fixed route bus system that is designated as a bus rapid transit 25
stop in the transit development plan as required in RCW 35.58.2795, 26
for which an environmental determination has been issued as required 27
under chapter 43.21C RCW, and that features fixed transit assets that 28
indicate permanent, high capacity service including, but not limited 29
to, elevated platforms or enhanced stations, off-board fare 30
collection, dedicated lanes, busways, or transit signal priority.31
(b) A city planning under RCW 36.70A.040 may adopt a modification 32
to a station area designation, but only after consultation with and 33
approval by the department. 34
(c) Cities planning under RCW 36.70A.040 may not enact or enforce 35
any development regulation that imposes: 36
(i) A maximum floor area ratio of less than the transit-oriented 37
development density in this subsection for any residential or mixed-38
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use development within a station area, unless a city has adopted an 1
exemption for the station area under (a)(ii) of this subsection; or2
(ii) A maximum residential density, measured in residential units 3
per acre or other metric of land area within a station area.4
(3) For the purposes of this section: 5
(a) "Mixed-use development" means a building with more than 50 6
percent of the gross floor area dedicated to residential uses.7
(b) "Stop" includes any existing stop and any stop funded for 8
development and projected for construction within an applicable six-9
year transit development plan under RCW 35.58.2795. "Stop" does not 10
include a stop used exclusively for bus service, including express 11
bus service operated by a regional transit agency as defined under 12
chapter 81.104 RCW and trolley buses, unless the stop also serves a 13
fixed route bus system as a designated bus rapid transit stop in the 14
transit development plan as required in RCW 35.58.2795, for which an 15
environmental determination has been issued as required under chapter 16
43.21C RCW, and that features fixed transit assets that indicate 17
permanent, high capacity service including, but not limited to, 18
elevated platforms or enhanced stations, off-board fare collection, 19
dedicated lanes, busways, or transit signal priority.20
(4) The department must develop guidance to convert different 21
types of planning measurements to the transit-oriented development 22
density requirements and applicable floor area ratios.23
(5) Within any station area, any building in which all units are 24
affordable or workforce housing for at least 50 years or are 25
dedicated to permanent supportive housing, an additional 1.5 floor 26
area ratio in excess of the transit-oriented development density 27
required under subsection (2)(a) of this section must be permitted. 28
If a city has enacted or expands a program under RCW 36.70A.540 in an 29
area where development regulations must comply with this section, 30
that program, including the amount of affordable or workforce housing 31
required either on-site or through an in-lieu payment, governs to the 32
extent it varies from the requirements of this subsection.33
(6) Any floor area within a building located in a station area 34
that is reserved for residential units in multifamily housing that 35
includes at least three bedrooms must not be counted toward 36
applicable floor area ratio limits. A city may require the 37
residential units to comply with affordability requirements to be 38
eligible for an exclusion from the applicable floor area ratio 39
limits. 40
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(7) Cities planning under RCW 36.70A.040 may by ordinance 1
designate parts of a station area in which to enact or enforce floor 2
area ratios for residential or mixed-use development that are more or 3
less than the applicable transit-oriented development density, if the 4
average maximum floor area ratio of all residential and mixed-use 5
areas within a station area is no less than the applicable transit-6
oriented development density. 7
(8)(a) Buildings constructed within a station area must maintain 8
10 percent of all residential units as affordable housing or 20 9
percent of all residential units as workforce housing for at least 50 10
years, unless: 11
(i) The building is constructed on a lot in which a density that 12
meets or exceeds the transit-oriented development density in 13
subsection (2) of this section was authorized prior to January 1, 14
2025; 15
(ii) The building is subject to affordability requirements with a 16
lower income threshold or a greater amount of required affordable 17
housing that were enacted by a city prior to January 1, 2025; or18
(iii) A city has enacted or expands a mandatory program under RCW 19
36.70A.540 that requires a minimum amount of affordable housing that 20
must be provided by residential development, either on-site or 21
through an in-lieu payment as allowed by RCW 36.70A.540, in an area 22
where development regulations must comply with this section. Such 23
mandatory program may be enacted, modified, or expanded by a city in 24
coordination with adopting regulations to comply with this act, and 25
may require an amount of affordable housing that differs or exceeds 26
the amount required. An optional program established under RCW 27
36.70A.540 does not meet the requirements of this subsection 28
(8)(a)(iii). 29
(b) For each building that is exempt from the requirements for 30
affordable or workforce housing in this subsection, the city must 31
identify the density and affordability requirements that apply to the 32
building or parcel in its comprehensive planning documents.33
(9) Nothing in this section prohibits a city from approving an 34
exemption under chapter 84.14 RCW for multifamily residential housing 35
within a station area that meets the affordability requirements in 36
subsection (8) of this section and the requirements of chapter 84.14 37
RCW. 38
(10) A city that has enacted an incentive program prior to 39
January 1, 2025, that requires public benefits, such as school 40
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capacity, greater amounts of affordable housing, green space, or 1
green infrastructure, in return for additional development 2
allowances, may continue to require such public benefits if complying 3
with the requirements of this section provides additional development 4
capacity that would have triggered the public benefits requirements.5
(11)(a) No later than the deadlines established in subsection 6
(16) of this section, cities planning under RCW 36.70A.040 must act 7
to modify or repeal any existing development regulations applicable 8
in a station area that, alone or in combination, are inconsistent 9
with this section, and may not enact any development regulations 10
applicable in a station area that, alone or in combination with other 11
development regulations, are inconsistent with this section.12
(b) A city may apply any objective development regulations within 13
a station area that are required for other multifamily residential 14
uses in the same zone, including tree canopy and retention 15
requirements. 16
(c) This subsection (11) does not apply to development 17
regulations that are generally applicable health and safety 18
standards, including building code standards and fire and life safety 19
standards. 20
(12) Nothing in this section requires alteration, displacement, 21
or limitation of industrial or agricultural uses or industrial, 22
manufacturing, or agricultural areas within the urban growth area.23
(13) Nothing in this section requires a city to issue a building 24
permit if other federal, state, and local requirements for a building 25
permit are not met. 26
(14) Cities planning under RCW 36.70A.040 may exclude from the 27
requirements in this section any portion of a lot that is designated 28
as a shoreline environment governed by a shoreline master program or 29
as a critical area governed by a critical area ordinance, except for 30
critical aquifer recharge areas where a single-family detached house 31
is an allowed use provided that any requirements to maintain aquifer 32
recharge are met, and any lot that: 33
(a) Is nonconforming with development regulations governing lot 34
dimensions including, but not limited to, standards related to lot 35
width, area, geometry, or street access, unless an applicant 36
demonstrates that the nonconforming lot may be developed in 37
compliance with the development regulations governing lot dimensions 38
by obtaining any modification, deviation, variance, or similar code 39
departure approval allowed under the development regulations;40
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(b) Contains a designated landmark or is located within a 1
historic district established under a local preservation ordinance 2
adopted prior to the effective date of this section;3
(c) Has been designated as containing urban separators by 4
countywide planning policies as of the effective date of this 5
section; or 6
(d) Is an industrial, manufacturing, or agricultural designated 7
lot that either is limited to one dwelling unit per lot or only 8
allows housing for individuals and their families responsible for 9
caretaking, farm work, security, or maintenance. 10
(15) For cities subject to a growth target adopted under RCW 11
36.70A.210 that limits the maximum residential capacity of the 12
jurisdiction, any additional residential capacity required by this 13
section may not be considered an inconsistency with the countywide 14
planning policies, multicounty planning policies, or growth targets 15
adopted under RCW 36.70A.210. 16
(16)(a) Any city that is required to review its comprehensive 17
plan by the deadlines specified in RCW 36.70A.130(5)(a) must comply 18
with the requirements of this section by the earlier of December 31, 19
2029, or its first implementation progress report due after December 20
31, 2024 as specified in RCW 36.70A.130(9), and thereafter at each 21
comprehensive plan update or implementation progress report following 22
the completion or funding of any transit stop that would create a new 23
station area within the jurisdiction. 24
(b) Any city that is required to review its comprehensive plan by 25
the deadlines specified in RCW 36.70A.130(5) (b), (c), or (d) must 26
comply with the requirements of this section no later than six months 27
after its first comprehensive plan update due after December 31, 28
2024, and thereafter at each comprehensive plan update or 29
implementation progress report following the completion or funding of 30
any transit stop that would create a new station area within the 31
jurisdiction. 32
(c) A federally recognized Indian tribe may voluntarily choose to 33
participate in the planning process to implement the requirements of 34
this section in accordance with RCW 36.70A.040(8).35
(17)(a) The department must publish a model transit-oriented 36
development ordinance by June 30, 2027. 37
(b) In any city subject to this section that has not passed 38
ordinances, regulations, or other official controls by the deadlines 39
required under subsection (16) of this section, the model ordinance 40
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supersedes, preempts, and invalidates local development regulations 1
until the city takes all actions necessary to implement this section.2
(18) A city may seek an extension from the transit-oriented 3
development density requirements of this section by applying to the 4
department for an extension in any areas that are at high risk of 5
displacement based on a city's antidisplacement analysis or an 6
antidisplacement map. The department must review the city's analysis 7
and certify a five-year extension from the requirements of this 8
section for areas at high risk of displacement. The city must create 9
an implementation plan that identifies the antidisplacement policies 10
available to residents to mitigate displacement risk. During the 11
extension, the city may delay implementation or enact alternative 12
floor area ratio requirements within any areas at high risk of 13
displacement. The department may recertify an extension for 14
additional five-year periods based on evidence of ongoing 15
displacement risk in the area. 16
(19)(a)(i) The department may approve actions under this 17
subsection (19) for cities that have, by June 30, 2026, adopted a 18
plan and implementing development regulations for a specific station 19
area that are substantially similar to the requirements of this 20
section for that station area. In determining whether a city's 21
adopted plan and development regulations are substantially similar, 22
the department's evaluation may include, but not be limited to, if:23
(A) The regulations will provide a development capacity and allow 24
the opportunity for creation of affordable housing that is at least 25
equivalent to the amount of development capacity and affordable 26
housing that would be allowed in that station area if the specific 27
provisions of this section were adopted; 28
(B) The jurisdiction offers a way to achieve buildings that 29
exceed 85 feet in height; and 30
(C) No lot within the station area is zoned exclusively for 31
detached single-family residences. 32
(ii) The department must establish by rule any standards or 33
procedures necessary to implement (a) of this subsection.34
(b) Any local actions approved by the department pursuant to (a) 35
of this subsection are exempt from appeals under this chapter and 36
chapter 43.21C RCW. 37
(c) The department's final decision to approve or reject actions 38
by cities under this subsection (19) may be appealed to the growth 39
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management hearings board by filing a petition as provided in RCW 1
36.70A.290. 2
NEW SECTION. Sec. 4. A new section is added to chapter 36.70A 3
RCW to read as follows: 4
Subject to appropriation, the department must establish and 5
administer a capital grant program to assist cities in providing the 6
infrastructure necessary to accommodate development at transit-7
oriented development densities within station areas, including water, 8
sewer, stormwater, and transportation infrastructure and parks and 9
recreation facilities. 10
NEW SECTION. Sec. 5. A new section is added to chapter 36.70A 11
RCW to read as follows: 12
(1) To encourage transit-oriented development and transit use and 13
resulting substantial environmental benefits, cities planning under 14
RCW 36.70A.040 may not require off-street automobile parking as a 15
condition of permitting residential or mixed-use development within a 16
station area as defined in RCW 36.70A.030, except for off-street 17
automobile parking that is permanently marked for the exclusive use 18
of individuals with disabilities or parking that is permanently 19
marked for the short-term exclusive use of delivery vehicles.20
(2) If a project permit application within a station area, as 21
defined in RCW 36.70B.020, does not provide parking in compliance 22
with this section, the proposed absence of parking may not be treated 23
as a basis for issuance of a determination of significance pursuant 24
to chapter 43.21C RCW. 25
(3) The parking provisions of this section do not apply:26
(a) If a local government submits to the department an empirical 27
study prepared by a credentialed transportation or land use planning 28
expert that clearly demonstrates, and the department finds and 29
certifies, that the application of the parking limitations under 30
subsection (1) of this section will be significantly less safe for 31
automobile drivers or passengers, pedestrians, or bicyclists than if 32
the jurisdiction's parking requirements were applied to the same 33
location. The department must develop guidance to assist cities and 34
counties on items to include in the study; or 35
(b) To portions of cities within a one-mile radius of a 36
commercial airport in Washington with at least 9,000,000 annual 37
enplanements. 38
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(4) If a residential or mixed-use development provides parking 1
for residential uses in excess of what is required in subsection (1) 2
of this section, cities planning under RCW 36.70A.040 may enact or 3
enforce development regulations to: 4
(a) Require a share of any provided residential parking to be 5
distributed between units designated as affordable housing and units 6
offered at market rate; and 7
(b) Include all or a portion of the cost of unbundled parking 8
charges into the monthly cost for rental units designated as 9
affordable housing. 10
Sec. 6. RCW 43.21C.229 and 2023 c 368 s 1 are each amended to 11
read as follows: 12
(1) The purpose of this section is to accommodate infill and 13
housing development and thereby realize the goals and policies of 14
comprehensive plans adopted according to chapter 36.70A RCW.15
(2) A city or county planning under RCW 36.70A.040 is authorized 16
by this section to establish categorical exemptions from the 17
requirements of this chapter. An exemption may be adopted by a city 18
or county under this subsection if it meets the following criteria:19
(a) It categorically exempts government action related to 20
development proposed to fill in an urban growth area, designated 21
according to RCW 36.70A.110, where current density and intensity of 22
use in the area is roughly equal to or lower than called for in the 23
goals and policies of the applicable comprehensive plan and the 24
development is either: 25
(i) Residential development; 26
(ii) Mixed-use development; or 27
(iii) Commercial development up to 65,000 square feet, excluding 28
retail development; 29
(b) It does not exempt government action related to development 30
that is inconsistent with the applicable comprehensive plan or would 31
clearly exceed the density or intensity of use called for in the 32
goals and policies of the applicable comprehensive plan;33
(c) The local government considers the specific probable adverse 34
environmental impacts of the proposed action and determines that 35
these specific impacts are adequately addressed by the development 36
regulations or other applicable requirements of the comprehensive 37
plan, subarea plan element of the comprehensive plan, planned action 38
ordinance, or other local, state, or federal rules or laws; and39
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(d)(i) The city or county's applicable comprehensive plan was 1
previously subjected to environmental analysis through an 2
environmental impact statement under the requirements of this chapter 3
prior to adoption; or 4
(ii) The city or county has prepared an environmental impact 5
statement that considers the proposed use or density and intensity of 6
use in the area proposed for an exemption under this section.7
(3) All project actions that propose to develop one or more 8
residential housing units within the incorporated areas in an urban 9
growth area designated pursuant to RCW 36.70A.110 or middle housing 10
within the unincorporated areas in an urban growth area designated 11
pursuant to RCW 36.70A.110, and that meet the criteria identified in 12
(a) and (b) of this subsection, are categorically exempt from the 13
requirements of this chapter. For purposes of this section, "middle 14
housing" has the same meaning as in RCW 36.70A.030 as amended by 15
chapter 332, Laws of 2023. Jurisdictions shall satisfy the following 16
criteria prior to the adoption of the categorical exemption under 17
this subsection (3): 18
(a) The city or county shall find that the proposed development 19
is consistent with all development regulations implementing an 20
applicable comprehensive plan adopted according to chapter 36.70A RCW 21
by the jurisdiction in which the development is proposed, with the 22
exception of any development regulation that is inconsistent with 23
applicable provisions of chapter 36.70A RCW; and 24
(b) The city or county has prepared environmental analysis that 25
considers the proposed use or density and intensity of use in the 26
area proposed for an exemption under this section and analyzes 27
multimodal transportation impacts, including impacts to neighboring 28
jurisdictions, transit facilities, and the state transportation 29
system. 30
(i) Such environmental analysis shall include documentation that 31
the requirements for environmental analysis, protection, and 32
mitigation for impacts to elements of the environment have been 33
adequately addressed for the development exempted. The requirements 34
may be addressed in locally adopted comprehensive plans, subarea 35
plans, adopted development regulations, other applicable local 36
ordinances and regulations, or applicable state and federal 37
regulations. The city or county must document its consultation with 38
the department of transportation on impacts to state-owned 39
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transportation facilities including consideration of whether 1
mitigation is necessary for impacts to transportation facilities.2
(ii) Before finalizing the environmental analysis pursuant to 3
(b)(i) of this subsection (3), the city or county shall provide a 4
minimum of 60 days' notice to affected tribes, relevant state 5
agencies, other jurisdictions that may be impacted, and the public. 6
If a city or county identifies that mitigation measures are necessary 7
to address specific probable adverse impacts, the city or county must 8
address those impacts by requiring mitigation identified in the 9
environmental analysis pursuant to this subsection (3)(b) through 10
locally adopted comprehensive plans, subarea plans, development 11
regulations, or other applicable local ordinances and regulations. 12
Mitigation measures shall be detailed in an associated environmental 13
determination. 14
(iii) The categorical exemption is effective 30 days following 15
action by a city or county pursuant to (b)(ii) of this subsection 16
(3). 17
(4) Until September 30, 2025, all project actions that propose to 18
develop one or more residential housing or middle housing units 19
within a city west of the crest of the Cascade mountains with a 20
population of 700,000 or more are categorically exempt from the 21
requirements of this chapter. After September 30, 2025, project 22
actions that propose to develop one or more residential housing or 23
middle housing units within the city may utilize the categorical 24
exemption in subsection (3) of this section. 25
(5) All project actions that propose to develop residential or 26
mixed-use development within a station area are categorically exempt 27
from the requirements of this chapter.28
(6) Any categorical exemption adopted by a city or county under 29
this section applies even if it differs from the categorical 30
exemptions adopted by rule of the department under RCW 31
43.21C.110(1)(a). Nothing in this section shall invalidate 32
categorical exemptions or environmental review procedures adopted by 33
a city or county under a planned action pursuant to RCW 43.21C.440. 34
However, any categorical exemption adopted by a city or county under 35
this section shall be subject to the rules of the department adopted 36
according to RCW 43.21C.110(1)(a) that provide exceptions to the use 37
of categorical exemptions adopted by the department.38
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NEW SECTION. Sec. 7. A new section is added to chapter 64.38 1
RCW to read as follows: 2
(1) Governing documents created after the effective date of this 3
section and applicable to associations located fully or partially 4
within a station area as defined in RCW 36.70A.030 may not prohibit 5
the construction or development of multifamily housing or transit-6
oriented development density that must be permitted by cities under 7
section 3 of this act or require off-street parking inconsistent or 8
in conflict with section 5 of this act. 9
(2) This section expires January 1, 2028. 10
NEW SECTION. Sec. 8. A new section is added to chapter 64.90 11
RCW to read as follows: 12
Declarations and governing documents created after the effective 13
date of this section and applicable to a common interest community 14
located fully or partially within a station area as defined in RCW 15
36.70A.030 may not prohibit the construction or development of 16
multifamily housing or transit-oriented development density that must 17
be permitted by cities under section 3 of this act or require off-18
street parking inconsistent or in conflict with section 5 of this 19
act. 20
NEW SECTION. Sec. 9. A new section is added to chapter 64.34 21
RCW to read as follows: 22
(1) A declaration created after the effective date of this 23
section and applicable to an association located fully or partially 24
within a station area as defined in RCW 36.70A.030 may not prohibit 25
the construction or development of multifamily housing or transit-26
oriented development density that must be permitted by cities under 27
section 3 of this act or require off-street parking inconsistent or 28
in conflict with section 5 of this act. 29
(2) This section expires January 1, 2028. 30
NEW SECTION. Sec. 10. A new section is added to chapter 64.32 31
RCW to read as follows: 32
(1) A declaration created after the effective date of this 33
section and applicable to an association of apartment owners located 34
fully or partially within a station area as defined in RCW 36.70A.030 35
may not prohibit the construction or development of multifamily 36
housing or transit-oriented development density that must be 37
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permitted by cities under section 3 of this act or require off-street 1
parking inconsistent or in conflict with section 5 of this act.2
(2) This section expires January 1, 2028. 3
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