2022/08/31 Council Agenda Packet

12 CITY OF EVERETT EVERETT Planning WASHINGTON STAFF MEMORANDUM TO: Everett City Council FROM: Rebecca McCrary, Long Range Planning Manager DATE: July 27, 2022 MEETING DATE: August 10, 2022 SUBJECT: Removing Limits on Number of Unrelated Person in a Dwelling (Engrossed Substitute Senate Bill 5235) INTRODUCTION The state legislature passed Engrossed Substitute Senate Bill 5235 on April 14, 2021, and the Governor signed the legislation on May 13, 2021, codified as RCW 35.21.682. The bill became effective on July 25, 2021. Staff evaluated the city's regulations and determined that amendments would be necessary to achieve consistency with the state law. With few exceptions, the law states that cities may not limit the number of unrelated persons in a dwelling unit. The city's development regulations contain several effective limits on persons living in a dwelling unit, contrary to the new state law. Proposed code amendments were presented to the planning commission at briefings on April 19, May 17, and June 21 including background and an overview of the city's policies, regulations, and recent state legislation affecting limits on number of residents in dwellings. The commission held a public hearing on July 19 and advanced a recommendation of approval (Resolution 22-003) to the city council. Staff provided an overview of the proposal to the city council planning committee in May. POLICY GUIDANCE Homelessness and lack of affordable and stable housing for many have been a focus nationwide, including Everett, in recent years. The Washington State Legislature enacted several new bills aimed at addressing these challenges. In SB 5235, the legislature found that local regulations, such as occupancy limits on dwelling units, act as arbitrary barriers and restrictions that limit housing opportunities. The Everett Comprehensive Plan Housing Element establishes a goals of providing sufficient housing opportunities to meet the needs of present and future residents of Everett for housing that is decent, safe, accessible, attractive and affordable. RECOMMENDED CODE AMENDMENTS The following amendments are recommended by staff and the Planning Commission to meet the requirements in RCW 35.21.682 prohibiting a city from regulating or limiting the number of unrelated persons that may occupy a household or dwelling unit with exceptions for group living arrangements regulated under state law, for short-term rentals, and lawful limits on occupant load per square foot or generally applicable health and safety provisions. Regulations that need updates for consistency with the new state law include terms using or related to "dwelling", "rooming house", "boarding house", "bed and breakfast house", "group housing" and "short term rental" uses. IZ EVEP ETT City Council Memo Removing Limits on Number of Residents in Dwellings (SB 5235) Page 1 of 3