The substitute bill makes tweaks to the language—mostly reverting back to existing law—on what cities can and cannot do during design review. It appears they realized the law they passed in 2023 was mostly okay after all.
Here are the changes HB 1160, as compared to the original bill:
- Restores language in current law that requires the design review development regulations of local governments planning under the GMA to be clear and objective, but adds that a clear and objective development regulation is one that includes one or more standards to determine if a building is permissible, rather than one or more ascertainable guideline, standard, or criteria as is current law.
- Restores a prohibition in current law on local government design review development regulations requiring any density, height, bulk, or scale reduction below what is generally applicable in the zoning district.
- Prohibits local governments planning under the GMA from requiring the submission of more than one architectural drawing set of one design concept as a perquisite to the review of a housing development permit application, rather than prohibiting local governments from requiring more than one drawing.
- Removed the requirement that only one public meeting could take place under design review.
- Now applies the design review requirements to a broad definition of “housing development” to include manufactured homes, group homes, and foster care living.
- And because many cities have completed their comprehensive plans or will this year, the bill amends the deadlines to either six months after the planning deadline or the implementation progress report, whichever is sooner.
Proposal to amend local design review, again
January 13, 2025
Although the new requirements for local design review have only been law for a year and a half, a revived but changed proposal from last session repeals that language.
HB 1160, sponsored by Rep. Amy Walen (D–Kirkland), makes the following changes:
- Removes "design review" from a non-exhaustive list in the definition of what a public meeting may include in Local Project Review statute. This brings up the issue of SB 5290 and how repeal of “building permit” was handled in the definition of “project permit” and the confusion it has generated.
- Repeals the definition of design review and the clear and objective standard.
- Adds that local governments must use administrative design review and, with few exceptions, can only require one architectural drawing as part of a housing development permit application.
- Repeals the inclusion of design review in the middle housing law.
- Requires GMA planning jurisdictions to make these changes either six months after their progress report (2024 jurisdictions) or their comp plan (2025-2027 jurisdictions)
In 2023, the concept of eliminating external design review boards was advanced and supported by the AWC Housing Solutions Group to expedite housing development. However, we continue to express concerns that cities are being asked to hit a moving target when the Legislature continues to make detailed amendments to laws related to comprehensive planning and development regulations. These prescriptive changes then require cities to amend, again, local ordinances and comprehensive plans – at considerable time and expense.
Date to remember
HB 1160 will be heard in the House Local Government Committee on Tuesday, January 28 at 10:30 am.