2022/08/31 Council Agenda Packet

Definitions Amendments to definitions in Chapter 19.04 (definitions) include: • Deleting the definition of "Family" in EMC 19.04.020. The definition limits the number of unrelated persons living together inconsistent with the new state law. Staff have evaluated other provisions in city code that use the term "family" and has determined that they will not lose or change meaning as result of these amendments. • Combining the definitions of "Dwelling" in EMC 19.04.030 and "Dwelling Unit" in EMC 19.04.50. The definitions are similar, overlap, and having two definitions introduces confusion. The definition of "dwelling" is retained and amended to reflect the important elements necessary to describe a dwelling, including clarifying that facilities for living, cooking, etc., must be shared among occupants (i.e. not partitioned); the definition of "dwelling unit" is deleted. • Addressing the suggestion provided by Washington State Department of Commerce during the state agency review period. The Department suggested that the city review existing regulations related to "group housing" for consistency with SB 5235. Upon review of the group housing regulations, amendments to the definitions in EMC 19.04.050 limiting the number of unrelated persons in the group housing setting are necessary to meet consistency with SB 5235. Group housing Categories 1 and 2 are combined as "residential care facilities" and Category 3 is identified as "extended care facilities". • Removing the definition of "Rooming House" in EMC 19.04.050, which only existed to classify a dwelling with residents not meeting the "family" definition (meaning a limited number of residents). Health and safety provisions regarding the number of residents in a dwelling or other structure will continue to be addressed under the Residential, Building, and Fire Codes as specified in EMC Title 16 Buildings and Construction. • Removing the definition of "Bed & Breakfast House" in EMC 19.04.050 and folding the use into a revised definition of short-term rentals. • Amending the definition of "Short Term Rentals" in EMC 19.04.050 and in EMC 19.08.150 address an effective limit on the number of residents of a dwelling (besides guests), to align with the definition of short term rental in state law (RCW 64.37.010), and to capture bed and breakfast operations. RCW 35.21.682 specifically exempts short term rentals, as defined in RCW 64.37.010, from the state preemption on limiting occupants of a dwelling. The revised definition will cover operations using only a portion of the dwelling. Uses and residential use regulations Amendments to the use tables include deleting bed and breakfast houses and rooming houses from the residential use table 5-1 in EMC 19.05.080 and residential use regulations of 19.08.130, and 19.08.140 consistent with RCW 35.21.682, and consistent with the deleted definitions addressed above. Proposed amendments to short term rental use regulations in EMC 19.08.150 include removing a reference to bed and breakfast house and expanding the use to cover operations using only a portion of a dwelling unit. Amendments include adapting the use matrices EMC 19.05.080 Table 5-1 to require a higher level of permit review relative to impacts and public input from higher occupancy group housing. The recommendation uses existing thresholds set in EMC 19.05.080 Table 5-1 of six or less and more than six were used to determine permit process thresholds. Parking The proposed amendments to EMC 19.34.020 Table 34-1 include: • Removing parking standards for bed and breakfast houses and rooming houses, consistent with the deleted definitions addressed above. IZ EVEP ETT City Council Memo Removing Limits on Number of Residents in Dwellings (SB 5235) Page 2 of 3