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EVERETT <br />WASHINGTON <br />PLANNING COMMISSION RESOLUTION NO. 22-03 <br />A Resolution Recommending that the City Council Adopt Amendments to the Everett Municipal Code <br />Regarding number of unrelated persons living in a dwelling to bring it into conformity with recently <br />enacted changes in state housing laws, amending EMC chapters 19.04 Definitions, 19.05 Uses, 19.08 <br />Residential uses and development standards, and 19.34 Parking, loading and access requirements. <br />WHEREAS, <br />A. Housing has become more costly and many Washington state communities, including Everett, <br />continue to experience an increase in homelessness due to available housing stock; and <br />B. Washington State passed several legislative changes to the housing laws in 2021 including Engrossed <br />Substitute Senate Bill 5235 (SB 5235); and <br />C. The Washington State Legislature, in passing SB 5235, found that local regulations, such as occupancy <br />limits on dwelling units, act as arbitrary barriers and restrictions that limit affordable housing <br />opportunities; and <br />D. Section 5 of SB 5235, codified in RCW 35.21.682, prohibits a city from regulating or limiting the <br />number of unrelated persons that may occupy a household or dwelling unit with exceptions for group <br />living arrangements regulated by state law or "short-term rentals" and lawful limits on occupant load <br />per square foot or generally applicable health and safety provisions; and <br />E. Section 5 of SB 5235 Housing Unit Inventory -Removing Limits became effective July 25, 2021; and <br />F. Amendments are necessary for the city's development regulations to be in compliance with SB 5235; <br />and <br />G. The amendments to development regulations (unified development code) contained in this ordinance <br />were prepared following the procedural requirements in EMC 15.02.095 and EMC 15.03.300; and <br />H. The Planning Commission held briefings on the Removing Limits on Number of Unrelated Persons in <br />Dwellings Code Amendment Project on April 19, May 17, and June 21, and held a public hearing on <br />the matter on July 19, 2022, and <br />I. The Planning Commission, after hearing from the public and deliberating, voted to approve <br />Resolution 22-003 on July 19, 2022, recommending the city council approve the amendments <br />contained in this ordinance, after the Planning Commission's consideration; and <br />J. The proposal has been properly noticed and evaluated consistent with state law and city code; and <br />K. City staff reviewed the proposal under provisions of the State Environmental Policy Act, completed <br />an environmental checklist, and issued a Determination of Non -Significance on June 23, 2022; and <br />L. Notice of the proposed amendments was sent to the Washington State Department of Commerce <br />on June 23, 2022, and <br />