The Senate version of the Governor’s request bill to mandate missing middle housing zoning across cities with 10,000 or more in population was amended and passed out of committee.
The core requirements of SB 5670 are still intact. On the positive side, some changes impacting scope, timelines, and technical assistance are as follows:
- Clarifies that the alternative density option applies to city and not the city’s UGA.
- Removes the requirement for cities above 20,000 to complete antidisplacement work within nine months of the bill’s effective date. The bill, however, retains the displacement requirement for cities choosing the alternative density option path.
- Requires cities to implement all middle housing requirements by the comprehensive plan update deadlines instead of within two years of the bill’s effective date.
- Provides that measured increases to regional housing capacity after implementation of middle housing requirements may not impact a determination that a jurisdiction has exceeded or will exceed its population forecast.
- Requires Commerce to publish model design and development standards for middle housing infill development compatible with detached single-family housing.
- Clarifies that cities may apply any regulations concerning health, safety, setbacks, utility access, sustainability, open space, limits on impermeable surface areas, sunlight, or tree canopy if they are not “more restrictive” than regulations
for detached single-family residences. We have heard from cities that this type of housing is more complex than single-family housing by its nature. It’s unclear if “more restrictive” is the language that will allow these types
of housing to be accommodated on lots designed for single-family houses as they occupy more of the lot.
More prescriptive development standards added:
- Requires cities to adopt development and design standards related to siting and design of middle housing that are consistent with standards published by Commerce. States that these design standards do not limit the amount of low-income housing that
a city may require under RCW 36.70A.040.
- Prohibits cities from applying a “floor area ratio limit” to middle housing and defines the term.
- For townhouses, prohibits requiring minimum lot sizes or frontage lengths.
- Authorizes cities to allow zero lot line development where appropriate.
Exempts certain single-family neighborhoods:
- Exempts real property within condominium, homeowners’ associations, or common interest communities from middle housing requirements.
- Does not impact the construction defect disputes under the condominium statues.
SB 5670 has been sent to fiscal committee. Its House companion bill, HB 1782, awaits a vote in its policy committee.