HomeMy WebLinkAbout02/19/2025 - Agenda and PacketCity of Port Orchard
Land Use Committee
February 19, 2025 4:30 pm
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AGENDA
1. Discussion: 2025 Comprehensive Plan Docket
2. Discussion: Accessory Dwelling Units Ordinance
3. Discussion: Parking and Circulation
4. Discussion: Comprehensive Plan Adoption
5. Discussion: Cabaret Licensing
2025 Comprehensive Plan Update — Preliminary Docket
Pursuant to Port Orchard Municipal Code Section (POMC) 20.04.050, the City's Community
Development Director has initiated the process for the 2025 annual amendments to the Port Orchard
Comprehensive Plan. The City prepared applications for a Comprehensive Plan Map Amendment prior
to the January 31, 2025 deadline.
In compliance with POMC 20.04.060(3), the Director is required to compile and maintain for public
review a recommended final comprehensive plan amendment agenda (docket). The Director has based
the docket recommendations on a preliminary evaluation of the need, urgency, and appropriateness of
the suggested comprehensive plan amendments, as well as the staff and budget availability to
accommodate the public review process.
The following preliminary docket is provided for the 2025 update to the Port Orchard Comprehensive
Plan:
Comprehensive Plan Amendments for Consideration in 2025:
City -Initiated Comprehensive Plan Text Amendment
• Sherman Avenue Stormwater Park Master Plan: Adds the Sherman Avenue Stormwater Park
Master Plan to Appendix B — Plans Adopted by Reference, ensuring consistency with the
Comprehensive Plan and supporting stormwater management, park improvements, and
community development. Inclusion facilitates grant applications, impact fee eligibility, and
funding opportunities for design and construction, advancing the City's goals for water quality,
flood mitigation, and public amenities.
• Updates to the Capital Facilities Element: Updates the Capital Facilities Element to incorporate
new projects and funding sources for transportation, utilities, parks, and public facilities,
ensuring alignment with evolving infrastructure needs, community priorities, and Growth
Management Act requirements. These updates enhance financial sustainability, support impact
fee and grant funding eligibility, and guide the City's capital improvement planning and
budgeting processes.
• Updates to the Transportation Improvement Program (TIP): Updates the TIP to incorporate
new roadway, transit, and active transportation projects, along with additional funding sources,
to enhance mobility, safety, and connectivity. These amendments align with Comprehensive
Plan goals, support sustainable growth, improve multimodal infrastructure, and ensure
compliance with the Growth Management Act.
Applicant -Initiated Comprehensive Plan Text Amendment
• Capital Facilities Element Text Amendment: Proposes revising the "Expenditures" table in
Chapter 9 to reflect updated cost estimates due to inflation and anticipated changes in project
scope and priorities. The amendment ensures alignment with current infrastructure needs and
financial planning as the City reviews relevant water system elements.
Applicant -Initiated Comprehensive Plan Map Amendments
• Hull Avenue Rezone: A Legislative Zoning Map amendment for a parcel located approximately
.07 miles northeast of the intersection of Hull and Sherman Ave. The amendment would change
the zoning designation of Residential 2 (R2) to Residential 3 (R3).
• SW Old Clifton Industrial Properties Redesignation of Land Use Classification and Zoning
Designation: A Comprehensive Plan Map and Legislative Zoning Map amendment for thirteen
(13) parcels located approximately .22 miles southwest of the intersection of SW Old Clifton Rd
and Lloyd Pkwy. The amendment would change the Comprehensive Plan Land Use designation
from Industrial to Medium Density Residential (MDR), and the zoning designation from Light
Industrial (LI) to Residential 3 (R3).
Review Process:
The final comprehensive plan amendment agenda shall be determined by the City Council no later than
April 30, 2025. When the final agenda is approved, a public notice and comment period will be provided
in compliance with the Type V (legislative) permit process requirements in POMC 20.22.070 and
20.25.040. A public hearing will also be held per POMC 20.22.070(2), and a notice of the hearing will be
issued in compliance with POMC 20.25.050. The Planning Commission shall make its recommendations
regarding the proposed comprehensive plan amendments to the City Council no later than June 30,
2025. The City Council shall make a final decision on each proposed amendment by December 15, 2025.
Comments regarding the 2025 update to the City's Comprehensive Plan should be mailed to the City of
Port Orchard, Community Development Department, 720 Prospect Street, Port Orchard, WA 98366,
planning@portorchardwa.gov. For more information, email or call 360 874-5533.
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Chapter 20.68
ACCESSORY DWELLING UNITS
Sections:
20.68.010 Accessory dwelling units —Defined.
20.68.020 Accessory dwelling units — Purpose.
20.68.030 Accessory dwelling units — Decision type.
20.68.040 Accessory dwelling units —Administration.
20.68.060 Accessory dwelling units— Commercial and industrial development — Code
applicability.
20.68.070 Aeeessory dwelling units —Application procedures.
20.68.080 Inspection.
20.68.090 Violations.
20.68.100 General requirements.
20.68.110 Bulk, location and design requirements.
20.68.010 Accessory dwelling units —Defined.
For the purpose of this chapter the following definitions a
At-a"Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family
housing unit (detached house), duplex, triplex, fourplex, townhouse, or other housing unit except
apartment or mixed -use shopfront buildings.
"Attached accessory dwelling unit" means an accessory dwelling unit ,located within or attached to
a single-family housing unit (detached house), duplex, triplex, fourplex, townhouse, or other
housing unit except apartment or mixed -use shopfront buildings.
"Detached accessory dwelling unit" means an accessory dwelling unit that consists partly or
entirely of a building that is separate and detached from a single-family housing unit (detached
house), duplex, triplex, fourplex, townhouse, or other housing unit except apartment or mixed -use
shopfront buildings.
"Gross floor area" means the interior habitable area of a dwelling unit including basements and
attics but not including a garage or accessory structure.is on the same property.
"Owner" or "property owner" means any person who has at least 50 percent ownership in a
property on which an accessory dwelling unit is located.
(Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.020 Accessory dwelling units — Purpose.
(1) Intent. Accessory dwelling units (hereinafter referred to as "ADUs") are intended to:
(a) Provide homeowners with a means of providing for companionship and security.
(b) Add affordable units to the existing housing supply.
(c) Make housing units within the city available to low and moderate income people.
(d) Provide an increased choice of housing that responds to changing needs, (e.g., persons
with disabilities, impaired mobility), lifestyles (e.g., young families, retired), and modern
development technology.
(e) Protect Promote neighborhood stability, property values, and the single-family
residential appearance by ensuring that ADUs are installed in a compatible manner under the
conditions of this chapter.
(f) Increase density and promote sustainable practices by in order to better utilizin e
existing infrastructure and community resources, while and supporting public transit�at}
neighborhood retail, and commercial services.
(g) Provide a means for commercial and industrial sites to have a resident caretaker or
security officer. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.030 Accessory dwelling units — Decision type.
Atn building permit for an ADU permit is a Type I action and shall be reviewed and considered in
accordance with the procedures for such actions as set forth in Subtitle 11 of this title. (Ord. 021-20
§ 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.040 Accessory dwelling units —Administration.
The planning director shall have the authority to develop and implement procedures to administer
and enforce this chapter. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.060 Accessory dwelling units —Commercial and industrial development —Code
applicability.
The following subsections of this chapter do not apply to the construction or establishment of an
ADU that is accessory to a commercial or industrial use:
(1) POMC 20.68.100(1) and (5).
. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
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20.68.080 Inspection.
The Ceity shall inspect the property to confirm that minimum and maximum size limits, required
parking and design standards, and all applicable building, health, safety, energy, and electrical
code standards are met. (Ord. 038-22 § 3; Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.090 Violations.
A violation of this chapter shall be governed by POMC 20.68.100. Violations of any other city permit
or code requirements shall be governed by Chapter 20.02 POMC. (Ord. 038-22 § 4; Ord. 021-20 § 2;
Ord. 011-19 § 4 (Exh. 1)).
20.68.100 General requirements.
ADUs shall be subject to the following requirements, which shall not be subject to a variance:
(1) ADU perrnitsADL)s may oftlq-be issue i-permitted for a legal lot of record in ftWzoning districts
w0thin the urban that allowszofmd-for single-family use or middle housing building
types and where the lot meets the minimum lot area requirement for the principal building.
eantaining not more than one singie-farniiy dvveR+n-g-.
(2) Number of ADUs per Lot. No more than one ADUs, whether aft variation of pessary
(attached accessory dwelling units)and/or a detached accessory
dwellings units, shall be permitted on one lot.
(3) Occupancy. The niaximurn number of oectipants in any ADU Shall be f0tir persons. Maximum
occupancy rnay be further bmitedis regulated by Section 1004 (Occupant Load) of the International
Building Code.
(4) Composition. The ADU shall include facilities for cooking, living, sanitation, and sleeping.
(5) Home Businesses and Occupations. Home businesses and occupations shall be allowed,
subject to existing regulations. However, where more than one home business or home occupation
exist on the lot. if , only one of the
two -dwelling units is permitted to receive customers on the premises.
(6) Short -Term Rental. The use of an ADU as a short-term rental shall be allowed, subject to
compliance with the vacation rental and bed and breakfast regulations in POMC 20.39.345.
(7) Legalization of Nonconforming ADUs. Existing ADUs that are made nonconforming by this
chapter, or ADUs legally existing prior to the enactment of these requirements, may be maintained
as a legal nonconforming use in accordance with Chapter 20.54 POMC. (Ord. 038-22 § 5; Ord. 021-
20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.110 Bulk, location and design requirements.
(1) In commercial or industrial developments, detached ADUs are not aftwedprohibited, and the
an attached ADU shall be located on or above the second floor of the building in which it is located.
(2) For attached ADUs, the lot must meet the minimum lot dimensional and size requirements of
the applicable zoning designation. Attached ADUs that do not increase the building envelope of an
existing residential structure are exempt from this requirement.
(3) Size. For detache ADUs, , Backyard cottage. For an attached ADU that
shall not exceed 40 percent of the tota
square footage of the residential dvveffimg and the ADU combined, after modification or
construetion, or a gross floor area of 1,000 square feet., whiehever is greater. For an attaehed
that is accessory to a cornmercial: or industrial use, the ADU shall not exceed 1,000 square feet.
(4) Building Height. For a detach he maximum building height for an ADU shall not exceed the
maximum building height permitted for structures within the zoning district and, where applicable,
the height overlay district in which the ADU is located., refer to POMC 20.32.030, Backyard cottage
'. For an attached ADU that is accessory to the principal building, the
ADU building height shall not exceed the maximum building height of the principal building type.
However, in no instance shall the maximum building height of an ADU be restricted to less than 24
feet unless a lower height limit also applies to the principal building on the lot. Refer to the
appropriate building type in Chapter 20.32 POMC.
(5) Location. An shed ADU shall be permitted as an accessory second dwelling unit to the
accessory to a detached dwelling principal building on the same Lotand Shall be Located in the
rear yard, iii accordance with POPIC 20.32.030, Backyard cottagt— An accessory ADU shall be
permitted within a detaehed residential dwelling, or within a eornmeremai or industrial buRding.
(6) Setbacks and Lot Coverage. ADUs; must comply with the zoning regulations for
the district in which it is located. , Backyard cottage. For an attached AENJ
that is accessory to a coninneremai or industrial use, refer to the appropriate building type in Ghapter
20." G. The calculation of lot coverage shall include all buildings on the lot or site, including
the ADU, the primary single-familyrinci al trtitbuildin (for residential properties), and
accessory buildings. Existing and future accessory buildings, including an ADU, must meet required
setbacks for the relevant zone and building type. ADUs that abut a public alley may be sited at the
lot line.
(7) Design —Attached ADUs. An attached ADU shall be designed to maintain the architectural
design, style, appearance, and character of the main buiidingprincipaL tHtKbuiLding as a sin le -
family residence and the development standards of the zoning district in which it's locatedas s
-singie-farniiy residencle. If an attached ADU extends beyond the current footprint or existing height
of the main building, such an addition must be consistent with the existing facade, roof pitch,
siding, and windows. Any exterior modification or addition to a single-family residence shall comply
with the design standards in Chapter 20.139 POMC. Additionaft, only one entra, ice is perm M tted to
be located in the frent facade of the dwelling. If a separate outside entranceis .. ------- Y f or ail
the bdiLding and must provide a measure of vistiai privacy.
(8) Design —Attached ADUs Associated with a Commercial or Industrial Development. The ADU
shall be part of an overall site and building design that complies with the requirements of Chapter
20.127 POMC (Design Standards), and shall be reviewed in conjunction with the underlying land
use or building permit.
(9) Design — Detached ADUs. A detached ADLJ shall be designed to compien-ient the architectura
design, style, appearance, and character of the main building by dtiLizing complementary colors
and finish materials, window styles, and roof design to the rnain building. The entrance door to a
detached ADU shall not face the sanie property line as the entrance door to the rnain buRding
exeept when the entranee doorto the ADU is located behind the rear wall of the main building. The
detached ADU shall also be subject to the requirements of Chapter 20.139 POPIC), Residentiall
Design Standards.
(+09) Walkways. For ADUs with a separate exterior entrance, a pedestrian walkway shall be
provided between the ADU and the nearest sidewalk, or where no sidewalk exists, the nearest
street right-of-way. The walkway shall be composed of materials that are distinct from any adjacent
vehicle driving or parking surfaces. The walkway may function as a shared pedestrian/vehicle
space; provided, that it is constructed of distinct materials, is located along an exterior edge of a
driving surface, and vehicles are not permitted to park on the walkway so that pedestrian use is
hindered or prevented.
(10) In the applicable zones that allow single-family homes or middle housing types, ADUs may
include configurations of one attached accessory dwelling unit and one detached accessory
dwelling unit, two attached accessory dwelling units, or two detached accessory dwelling units
which may be comprised of either one or two detached structures.
12) Parking: Parking shall be provided consistent with the requirements of POMC 20.124.
(Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
CERTIFICATION OF ENROLLMENT
ENGROSSED HOUSE BILL 1337
Chapter 334, Laws of 2023
(partial veto)
68th Legislature
2023 Regular Session
GROWTH MANAGEMENT ACT —ACCESSORY DWELLING UNITS —URBAN GROWTH AREAS
EFFECTIVE DATE: July 23, 2023
Passed by the House April 14, 2023
Yeas 85 Nays 11
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 6, 2023
Yeas 39 Nays 7
DENNY HECK
President of the Senate
Approved May 8, 2023 1:13 PM with the
exception of section 5, which is
vetoed.
JAY INSLEE
Governor of the State of Washington
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED HOUSE BILL 1337 as passed
by the House of Representatives and
the Senate on the dates hereon set
forth.
BERNARD DEAN
Chief Clerk
FILED
May 10, 2023
Secretary of State
State of Washington
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ENGROSSED HOUSE BILL 1337
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Representatives Gregerson, Barkis, Berry, Christian, Duerr,
Fitzgibbon, Taylor, Ramel, Reeves, Simmons, Walen, Graham, Bateman,
Reed, Lekanoff, Doglio, Tharinger, Cortes, Macri, and Stonier
Read first time 01/16/23. Referred to Committee on Housing.
AN ACT Relating to expanding housing options by easing barriers
to the construction and use of accessory dwelling units; amending RCW
36.70A.696, 43.21C.495, and 36.70A.280; adding new sections to
chapter 36.70A RCW; adding a new section to chapter 64.34 RCW; adding
a new section to chapter 64.32 RCW; adding a new section to chapter
64.38 RCW; adding a new section to chapter 64.90 RCW; creating a new
section; and repealing RCW 35.63.210, 35A.63.230, 36.70A.400,
36.70.677, and 43.63A.215.
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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NEW SECTION. Sec. 1. (1) The legislature makes the following
findings:
(a) Washington state is experiencing a housing affordability
crisis. Many communities across the state are in need of more housing
for renters across the income spectrum.
(b) Many cities dedicate the majority of residentially zoned land
to single detached houses that are increasingly financially out of
reach for many households. Due to their smaller size, accessory
dwelling units can provide a more affordable housing option in those
single-family zones.
(c) Localities can start to correct for historic economic and
racial exclusion in single-family zones by opening up these
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neighborhoods to more diverse housing types, including accessory
dwelling units, that provide lower cost homes. Increasing housing
options in expensive, high -opportunity neighborhoods will give more
families access to schools, parks, and other public amenities
otherwise accessible to only the wealthy.
(d) Accessory dwelling units are frequently rented below market
rate, providing additional affordable housing options for renters.
(e) Accessory dwelling units can also help to provide housing for
very low-income households. More than 10 percent of accessory
dwelling units in some areas are occupied by tenants who pay no rent
at all; among these tenants are grandparents, adult children, family
members with disabilities, friends going through life transitions,
and community members in need. Accessory dwelling units meet the
needs of these people who might otherwise require subsidized housing
space and resources.
(f) Accessory dwelling units can meet the needs of Washington's
growing senior population, making it possible for this population to
age in their communities by offering senior -friendly housing, which
prioritizes physical accessibility, in walkable communities near
amenities essential to successful aging in place, including transit
and grocery stores, without requiring costly renovations of existing
housing stock.
(g) Homeowners who add an accessory dwelling unit may benefit
from added income and an increased sense of security.
(h) Accessory dwelling units provide environmental benefits. On
average they are more energy efficient than single detached houses,
and they incentivize adaptive reuse of existing homes and materials.
(i) Siting accessory dwelling units near transit hubs, employment
centers, and public amenities can help to reduce greenhouse gas
emissions by increasing walkability, shortening household commutes,
and curtailing sprawl.
(2) The legislature intends to promote and encourage the creation
of accessory dwelling units as a means to address the need for
additional affordable housing options.
Sec. 2. RCW 36.70A.696 and 2021 c 306 s 2 are each amended to
read as follows:
The definitions in this section apply throughout RCW 36.70A.697
((a))L 36.70A.698, and sections 3 and 4 of this act unless the
context clearly requires otherwise.
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(1) "Accessory dwelling unit" means a dwelling unit located on
the same lot as a single-family housing unit, duplex, triplex,
townhome, or other housing unit.
(2) "Attached accessory dwelling unit" means an accessory
dwelling unit located within or attached to a single-family housing
unit, duplex, triplex, townhome, or other housing unit.
(3) "City" means any city, code city, and town located in a
county planning under RCW 36.70A.040.
(4) "County" means any county planning under RCW 36.70A.040.
(5) "Detached accessory dwelling unit" means an accessory
dwelling unit that consists partly or entirely of a building that is
separate and detached from a single-family housing unit, duplex,
triplex, townhome, or other housing unit and is on the same property.
(6) "Dwelling unit" means a residential living unit that provides
complete independent living facilities for one or more persons and
that includes permanent provisions for living, sleeping, eating,
cooking, and sanitation.
(7) "Gross floor area" means the interior habitable area of a
dwelling unit including basements and attics but not including a
garage or accessory structure.
"Major transit stop" means:
(a) A stop on a high capacity transportation system funded or
expanded under the provisions of chapter 81.104 RCW;
(b) Commuter rail stops;
(c) Stops on rail or fixed guideway systems, including
transitways;
(d) Stops on bus rapid transit routes or routes that run on high
occupancy vehicle lanes; or
(e) Stops for a bus or other transit mode providing actual fixed
route service at intervals of at least fifteen minutes for at least
five hours during the peak hours of operation on weekdays.
( ({8+) ) 9) "Owner" means any person who has at least 50 percent
ownership in a property on which an accessory dwelling unit is
located.
((+9})) (10) "Principal unit" means the single-family housing
unit, duplex, triplex, townhome, or other housing unit located on the
same lot as an accessory dwelling unit.
(11) "Short-term rental" means a lodging use, that is not a hotel
or motel or bed and breakfast, in which a dwelling unit, or portion
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thereof, is offered or provided to a guest by a short-term rental
operator for a fee for fewer than 30 consecutive nights.
NEW SECTION. Sec. 3. A new section is added to chapter 36.70A
RCW to read as follows:
(1)(a) Cities and counties planning under this chapter must adopt
or amend by ordinance, and incorporate into their development
regulations, zoning regulations, and other official controls the
requirements of this section and of section 4 of this act, to take
effect six months after the jurisdiction's next periodic
comprehensive plan update required under RCW 36.70A.130.
(b) In any city or county that has not adopted or amended
ordinances, regulations, or other official controls as required under
this section, the requirements of this section and section 4 of this
act supersede, preempt, and invalidate any conflicting local
development regulations.
(2) Ordinances, development regulations, and other official
controls adopted or amended pursuant to this section and section 4 of
this act must only apply in the portions of towns, cities, and
counties that are within urban growth areas designated under this
chapter.
(3) Any action taken by a city or county to comply with the
requirements of this section or section 4 of this act is not subject
to legal challenge under this chapter or chapter 43.21C RCW.
(4) Nothing in this section or section 4 of this act requires or
authorizes a city or county to authorize the construction of an
accessory dwelling unit in a location where development is restricted
under other laws, rules, or ordinances as a result of physical
proximity to on -site sewage system infrastructure, critical areas, or
other unsuitable physical characteristics of a property.
(5) Nothing in this section or in section 4 of this act prohibits
a city or county from:
(a) Restricting the use of accessory dwelling units for short-
term rentals;
(b) Applying public health, safety, building code, and
environmental permitting requirements to an accessory dwelling unit
that would be applicable to the principal unit, including regulations
to protect ground and surface waters from on -site wastewater;
(c) Applying generally applicable development regulations to the
construction of an accessory unit, except when the application of
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such regulations would be contrary to this section or to section 4 of
this act;
(d) Prohibiting the construction of accessory dwelling units on
lots that are not connected to or served by public sewers; or
(e) Prohibiting or restricting the construction of accessory
dwelling units in residential zones with a density of one dwelling
unit per acre or less that are within areas designated as wetlands,
fish and wildlife habitats, flood plains, or geologically hazardous
areas.
NEW SECTION. Sec. 4. A new section is added to chapter 36.70A
RCW to read as follows:
(1) In addition to ordinances, development regulations, and other
official controls adopted or amended to comply with this section and
section 3 of this act, a city or county must comply with all of the
following policies:
(a) The city or county may not assess impact fees on the
construction of accessory dwelling units that are greater than 50
percent of the impact fees that would be imposed on the principal
unit;
(b) The city or county may not require the owner of a lot on
which there is an accessory dwelling unit to reside in or occupy the
accessory dwelling unit or another housing unit on the same lot;
(c) The city or county must allow at least two accessory dwelling
units on all lots that are located in all zoning districts within an
urban growth area that allow for single-family homes in the following
configurations:
(i) One attached accessory dwelling unit and one detached
accessory dwelling unit;
(ii) Two attached accessory dwelling units; or
(iii) Two detached accessory dwelling units, which may be
comprised of either one or two detached structures;
(d) The city or county must permit accessory dwelling units in
structures detached from the principal unit;
(e) The city or county must allow an accessory dwelling unit on
any lot that meets the minimum lot size required for the principal
unit;
(f) The city or county may not establish a maximum gross floor
area requirement for accessory dwelling units that is less than 1,000
square feet;
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(g) The city or county may not establish roof height limits on an
accessory dwelling unit of less than 24 feet, unless the height
limitation that applies to the principal unit is less than 24 feet,
in which case a city or county may not impose roof height limitation
on accessory dwelling units that is less than the height limitation
that applies to the principal unit;
(h) A city or county may not impose setback requirements, yard
coverage limits, tree retention mandates, restrictions on entry door
locations, aesthetic requirements, or requirements for design review
for accessory dwelling units that are more restrictive than those for
principal units;
(i) A city or county must allow detached accessory dwelling units
to be sited at a lot line if the lot line abuts a public alley,
unless the city or county routinely plows snow on the public alley;
(j) A city or county must allow accessory dwelling units to be
converted from existing structures, including but not limited to
detached garages, even if they violate current code requirements for
setbacks or lot coverage;
(k) A city or county may not prohibit the sale or other
conveyance of a condominium unit independently of a principal unit
solely on the grounds that the condominium unit was originally built
as an accessory dwelling unit; and
(1) A city or county may not require public street improvements
as a condition of permitting accessory dwelling units.
(2)(a) A city or county subject to the requirements of this
section may not:
(i) Require off-street parking as a condition of permitting
development of accessory dwelling units within one-half mile walking
distance of a major transit stop;
(ii) Require more than one off-street parking space per unit as a
condition of permitting development of accessory dwelling units on
lots smaller than 6,000 square feet before any zero lot line
subdivisions or lot splits; and
(iii) Require more than two off-street parking spaces per unit as
a condition of permitting development of accessory dwelling units on
lots greater than 6,000 square feet before any zero lot line
subdivisions or lot splits.
(b) The provisions of (a) of this subsection do not apply:
(i) If a local government submits to the department an empirical
study prepared by a credentialed transportation or land use planning
p. 6 EHB 1337.SL
1 expert that clearly demonstrates, and the department finds and
2 certifies, that the application of the parking limitations of (a) of
3 this subsection for accessory dwelling units will be significantly
4 less safe for vehicle drivers or passengers, pedestrians, or
5 bicyclists than if the jurisdiction's parking requirements were
6 applied to the same location for the same number of detached houses.
7 The department must develop guidance to assist cities and counties on
8 items to include in the study; or
9 (ii) To portions of cities within a one mile radius of a
10 commercial airport in Washington with at least 9,000,000 annual
11 enplanements.
12 (3) When regulating accessory dwelling units, cities and counties
13 may impose a limit of two accessory dwelling units, in addition to
14 the principal unit, on a residential lot of 2,000 square feet or
15 less.
16 (4) The provisions of this section do not apply to lots
17 designated with critical areas or their buffers as designated in RCW
18 36.70A.060, or to a watershed serving a reservoir for potable water
19 if that watershed is or was listed, as of the effective date of this
20 section, as impaired or threatened under section 303(d) of the
21 federal clean water act (33 U.S.C. Sec. 1313(d)).
22 *NEW SECTION. Sec. 5. A new section is added to chapter 36.70A
23 RCW to read as follows:
24 To encourage the use of accessory dwelling units for long-term
25 housing, cities and counties may adopt ordinances, development
26 regulations, and other official controls which waive or defer fees,
27 including impact fees, defer the payment of taxes, or waive specific
28 regulations. Cities and counties may only offer such reduced or
29 deferred fees, deferred taxes, waivers, or other incentives for the
30 development or construction of accessory dwelling units if:
31 (1) The units are located within an urban growth area; and
32 (2) The units are subject to a program adopted by the city or
33 county with effective binding commitments or covenants that the units
34 will be primarily utilized for long-term housing consistent with the
35 public purpose for this authorization.
*Sec. 5 was vetoed. See message at end of chapter.
36 Sec. 6. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to
37 read as follows:
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Adoption of ordinances, development regulations and
amendments to such regulations, and other nonproject actions taken by
a city to implement: The actions specified in section 2, chapter 246,
Laws of 2022 unless the adoption of such ordinances, development
regulations and amendments to such regulations, or other nonproject
actions has a probable significant adverse impact on fish habitat;
and the increased residential building capacity actions identified in
RCW 36.70A.600(1), with the exception of the action specified in RCW
36.70A.600(1)(f), are not subject to administrative or judicial
appeals under this chapter.
(2) Adoption of ordinances, development regulations and
amendments to such regulations, and other nonproject actions taken by
a city or county consistent with the requirements of sections 3 and 4
of this act are not subject to administrative or judicial appeals
under this chapter.
Sec. 7. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to
read as follows:
(1) The growth management hearings board shall hear and determine
only those petitions alleging either:
(a) That, except as provided otherwise by this subsection, a
state agency, county, or city planning under this chapter is not in
compliance with the requirements of this chapter, chapter 90.58 RCW
as it relates to the adoption of shoreline master programs or
amendments thereto, or chapter 43.21C RCW as it relates to plans,
development regulations, or amendments, adopted under RCW 36.70A.040
or chapter 90.58 RCW. Nothing in this subsection authorizes the board
to hear petitions alleging noncompliance ((with RGW 36 70 §off))
based on a city or county's actions taken to implement the
reauirements of sections 3 and 4 of this act within an urban growth
area;
(b) That the ((twenty-)) 20-year growth management planning
population projections adopted by the office of financial management
pursuant to RCW 43.62.035 should be adjusted;
(c) That the approval of a work plan adopted under RCW
36.70A.735(1)(a) is not in compliance with the requirements of the
program established under RCW 36.70A.710;
(d) That regulations adopted under RCW 36.70A.735(1)(b) are not
regionally applicable and cannot be adopted, wholly or partially, by
another jurisdiction; or
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(e) That a department certification under RCW 36.70A.735(1)(c) is
erroneous.
(2) A petition may be filed only by: (a) The state, or a county
or city that plans under this chapter; (b) a person who has
participated orally or in writing before the county or city regarding
the matter on which a review is being requested; (c) a person who is
certified by the governor within ((may)) 60 days of filing the
request with the board; or (d) a person qualified pursuant to RCW
34.05.530.
(3) For purposes of this section "person" means any individual,
partnership, corporation, association, state agency, governmental
subdivision or unit thereof, or public or private organization or
entity of any character.
(4) To establish participation standing under subsection (2)(b)
of this section, a person must show that his or her participation
before the county or city was reasonably related to the person's
issue as presented to the board.
(5) When considering a possible adjustment to a growth management
planning population projection prepared by the office of financial
management, the board shall consider the implications of any such
adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by the board
must be documented and filed with the office of financial management
within ten working days after adoption.
If adjusted by the board, a county growth management planning
population projection shall only be used for the planning purposes
set forth in this chapter and shall be known as the "board adjusted
population projection." None of these changes shall affect the
official state and county population forecasts prepared by the office
of financial management, which shall continue to be used for state
budget and planning purposes.
NEW SECTION. Sec. 8. A new section is added to chapter 36.70A
RCW to read as follows:
(1) By December 31, 2023, the department must revise its
recommendations for encouraging accessory dwelling units to include
the provisions of sections 3 and 4 of this act.
(2) During each comprehensive plan review required by RCW
36.70A.130, the department must review local government comprehensive
plans and development regulations for compliance with sections 3 and
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4 of this act and the department's recommendations under subsection
(1) of this section.
NEW SECTION. Sec. 9. A new section is added to chapter 64.34
RCW to read as follows:
(1) Except a declaration created to protect public health and
safety, and ground and surface waters from on -site wastewater, a
declaration created after the effective date of this section and
applicable to a property located within an urban growth area may not
impose any restriction or prohibition on the construction,
development, or use on a lot of an accessory dwelling unit that the
city or county in which the urban growth area is located would be
prohibited from imposing under section 4 of this act.
(2) For the purposes of this section, "urban growth area" has the
same meaning as in RCW 36.70A.030.
(3) A city or county issuing a permit for the construction of an
accessory dwelling unit may not be held civilly liable on the basis
that the construction of the accessory dwelling unit would violate a
restrictive covenant or deed restriction.
NEW SECTION. Sec. 10. A new section is added to chapter 64.32
RCW to read as follows:
(1) Except a declaration created to protect public health and
safety, and ground and surface waters from on -site wastewater, a
declaration created after the effective date of this section and
applicable to a property located within an urban growth area may not
impose any restriction or prohibition on the construction,
development, or use on a lot of an accessory dwelling unit that the
city or county in which the urban growth area is located would be
prohibited from imposing under section 4 of this act.
(2) For the purposes of this section, "urban growth area" has the
same meaning as in RCW 36.70A.030.
(3) A city or county issuing a permit for the construction of an
accessory dwelling unit may not be held civilly liable on the basis
that the construction of the accessory dwelling unit would violate a
restrictive covenant or deed restriction.
NEW SECTION.
Sec. 11. A new section is added to chapter 64.38
RCW to read as follows:
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(1) Except governing documents of associations created to protect
public health and safety, and ground and surface waters from on -site
wastewater, governing documents of associations created after the
effective date of this section and applicable to a property located
within an urban growth area may not impose any restriction or
prohibition on the construction, development, or use on a lot of an
accessory dwelling unit that the city or county in which the urban
growth area is located would be prohibited from imposing under
section 4 of this act.
(2) For the purposes of this section, "urban growth area" has the
same meaning as in RCW 36.70A.030.
(3) A city or county issuing a permit for the construction of an
accessory dwelling unit may not be held civilly liable on the basis
that the construction of the accessory dwelling unit would violate a
restrictive covenant or deed restriction.
NEW SECTION. Sec. 12. A new section is added to chapter 64.90
RCW to read as follows:
(1) Except declarations and governing documents of common
interest communities created to protect public health and safety, and
ground and surface waters from on -site wastewater, declarations and
governing documents of common interest communities created after the
effective date of this section and applicable to a property located
within an urban growth area may not impose any restriction or
prohibition on the construction, development, or use on a lot of an
accessory dwelling unit that the city or county in which the urban
growth area is located would be prohibited from imposing under
section 4 of this act.
(2) For the purposes of this section, "urban growth area" has the
same meaning as in RCW 36.70A.030.
(3) A city or county issuing a permit for the construction of an
accessory dwelling unit may not be held civilly liable on the basis
that the construction of the accessory dwelling unit would violate a
restrictive covenant or deed restriction.
NEW SECTION. Sec
each repealed:
(1) RCW 35.63.210
(2) RCW 35A.63.230
(3) RCW 36.70A.400
13. The following acts or parts of acts are
(Accessory apartments)
(Accessory apartments)
(Accessory apartments)
and 1993 c 478 s 8;
and 1993 c 478 s 9;
and 1993 c 478 s 11;
EHB 1337.SL
1 (4) RCW 36.70.677 (Accessory apartments) and 1993 c 478 s 10; and
2 (5) RCW 43.63A.215 (Accessory apartments —Development and
3 placement —Local governments) and 1993 c 478 s 7.
Passed by the House April 14, 2023.
Passed by the Senate April 6, 2023.
Approved by the Governor May 8, 2023, with the exception of
certain items that were vetoed.
Filed in Office of Secretary of State May 10, 2023.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to Section 5,
Engrossed House Bill No. 1337 entitled:
"AN ACT Relating to expanding housing options by easing barriers
to the construction and use of accessory dwelling units."
Section 5 of the bill gives local governments authority to waive or
defer fees, defer payment of taxes, or waive other regulations for
the development of accessory dwelling units (ADUs) if specified
conditions are met. The specified conditions are that the ADU must be
located within an urban growth area, and the ADU must be subject to a
locally adopted covenant program ensuring that the ADU will be
primarily utilized for long-term housing. Current law allows local
governments to waive fees, taxes, and to establish various incentives
for the construction of ADUs without requiring the creation of a
local covenant program. The administrative costs necessary to
administer a new covenant program for ADUs may cause some cities to
discontinue current incentive programs.
For these reasons I have vetoed Section 5 of Engrossed House Bill No.
1337.
With the exception of Section 5, Engrossed House Bill No. 1337 is
approved."
--- END ---
p. 12 EHB 1337.SL
Chapter 20.124
DEVELOPMENT STANDARDS — PARKING AND CIRCULATION
Sections:
20.124.010 Purpose.
20.124.020 Authority and application.
20.124.030 Off-street parking spaces requirement.
20.124.040 Bicycle parking required.
20.124.050 Electric vehicle parking required.
20.124.060 Accessible parking requirements.
20.124.070 Stacking spaces for drive -through facilities.
20.124.080 Transit and rideshare provisions.
20.124.090 Pedestrian circulation and access.
20.124.100 Off-street parking design standards.
20.124.110 Compact car allowance requirements.
20.124.120 Internal circulation road standards.
20.124.130 Downtown mixed use parking standards.
20.124.135 Downtown subarea residential parking standards.
20.124.140 Minimum parking standards.
20.124.150 Minimum parking stall dimensions.
20.124.010 Purpose.
The purpose of this chapter is to:
(1) Implement the city's comprehensive plan;
(2) Ensure that the city's supply of available parking matches parking demand most of the time;
(3) Encourage the continued development of Port Orchard as a walkable community;
(4) Support the efficient provision of transit services including buses and passenger ferries;
(5) Support transit -oriented development in local centers;
(6) Limit the creation of unnecessary new impervious surfaces;
(7) Ensure the efficient use of available and existing parking;
(8) Provide alternatives to single occupant vehicle trips;
(9) Encourage the creation of housing that is affordable to all segments of the population;
(10) Provide housing, employment, and commerce opportunities to residents who, by choice or
other limitation, do not own a car;
(11) Recognize innovations in transportation including car sharing, ride sharing, bike sharing, and
other emerging technologies that are likely to change transportation patterns in the future;
(12) Recognize that the city's goals related to the development of walkable local centers is hindered
by restrictive parking minimums and that expansion of transit service as an alternative to single
occupant vehicle ownership is hindered by the lack of development in local centers; and
(13) Support the commitment expressed in the city's comprehensive plan to reduce greenhouse
gas emissions. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1)).
20.124.020 Authority and application.
(1) The city shall not issue any land use approval (including building permits, subdivisions,
conditional use permits, binding site plans, short subdivisions, or other similar approvals which
have the effect of creating a parking demand) or issue an occupancy permit for any new building or
a change in use unless the use complies with the parking requirements found in this chapter.
(2) Parking studies prepared by individuals with expertise in traffic and parking analysis may be
required at the discretion of the director for unique projects which don't fit squarely in the land use
categories contained herein. The director may require that such studies be evaluated and reviewed
by outside experts hired by the city at the developer's expense prior to city acceptance.
(3) Required parking may be provided off site if contracts and/or deed restrictions are provided to
ensure the satisfaction of the minimum parking quantity requirements found in this chapter in
perpetuity. Should the parking quantity requirements found in this chapter change, a contract
and/or deed restriction may be amended by agreement with the city so long as minimum parking
quantity requirements continue to be met under the new standard. (Ord. 011-19 § 5 (Exh. 2); Ord.
019-17 § 18 (Exh. 1)).
20.124.030 Off-street parking spaces requirement.
(1) Off-street parking areas shall contain at a minimum the number of vehicle and bicycle parking
spaces set forth in POMC 20.124.040 and 20.124.140. Off-street parking ratios expressed as
number of spaces per square feet means the gross square footage of floor area. If the formula for
determining the number of off-street parking spaces results in a fraction, the number of off-street
parking spaces shall be rounded to the nearest whole number with fractions of 0.50 or greater
rounding up and fractions below 0.50 rounding down.
(2) An applicant may request a modification of the minimum required number of parking spaces by
submitting an application for an administrative variance Ttype 2 pursuant to POMC 20.28.150.
(3) When the city has received a shell -and -core building permit application, off-street parking
requirements shall be based on the possible tenant improvements or uses authorized by the zone
designation and compatible with the limitations of the shell -and -core permit. When the range of
possible uses result in different parking requirements, the director will establish the amount of
required parking based on a likely range of uses. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1)).
20.124.040 Bicycle parking required.
(1) Bicycle parking facilities shall be provided for new buildings or facilities, additions to or
enlargements of existing buildings, or for changes in the use of buildings or facilities that result in
the need for additional auto parking facilities in accordance with the parking requirements in POMC
20.124.140 and where required in Table 20.124.140. The director is authorized to approve
modifications to these standards when the applicant successfully demonstrates that the proposed
alternative layout, location, design or type of racking meets the intent of these standards.
(2) The number of required bicycle parking spaces shall be calculated as shown in Table
20.124.140.
(3) Individual bicycle parking spaces shall be a minimum of 75 inches long by 24 inches wide for
each space. Where double -sided multi -racks are utilized resulting in overlapping of bicycle parking
spaces, the minimum bicycle parking space for two bicycles shall be 100 inches long by 36 inches
wide.
(4) Bicycle parking racks shall be located in areas visible from public right-of-way and shall be
provided with adequate lighting if intended for use after dark. A minimum of 50 percent of the
required number of bicycle parking spaces shall be located within 50 feet of a public entrance to
the building requiring bicycle parking spaces.
(5) Bicycle parking racks shall support the bikes in a stable, upright position, without damage to
wheels, frame or other components.
(6) Bicycle parking racks shall support the frame of the bicycle at two points of contact and at least
one wheel. Racks shall allow the frame and one wheel to be locked to the rack, regardless of
whether the front wheel is removed or not. Racks shall be securely anchored. Racks shall
accommodate a wide variety of sizes and types of bicycles, including those with water bottles or
without kick stands.
(7) Bicycle parking racks shall be permanently mounted/installed within private property on solid
surfaces. Racks placed adjacent to sidewalks shall not encroach upon required pedestrian access
ways, accessible routes or accessible passing space areas.
(8) Access shall be provided to each required bicycle parking space. Aisles shall have a width of at
least three feet to the front, rear or side of the bicycle parking spaces.
(9) Racks shall be placed a minimum of 24 inches away from walls and other elements that may
create an obstacle to accessing the bike parking spaces.
(10) Where the required bicycle parking spaces cannot be properly located upon the property
generating the need for bicycle parking, the owner or applicant of the property generating the need
for bicycle parking may apply for a street use from the city for permission to locate the bicycle
parking on city right-of-way.
(11) New and existing nonresidential uses, buildings and facilities may substitute up to 10 percent
of the required vehicular spaces for additional bike parking. Substitutions shall be made based on
one vehicular parking space for at least six bicycle parking spaces. (Ord. 050-22 § 10; Ord. 011-19
§ 5 (Exh. 2)).
20.124.050 Electric vehicle parking required.
Electric vehicle parking shall be provided in quantities as prescribed by the Washington State
Building code. , deveLopment for each of the iand uses identified in
grows, beginningianuary 1, 2023,
a Rd eve iopn-teritth at meets the cilteila
parking shown in Table 20.1 24.050(i)-.
i i
(4) Site design must provide oLoctrieaL, associated vent'Lation,
aeeossibLe parking, and g
statmons.
(a) Size. A standard size parking space shaLL be used for an
InstaLLation
eLectric vehicLe charging station where
(b) and Equipiiient. The station instaiiation and
equipment shaR be consistent with the
(e) Location, Design, and Maintonanee. Where provided,
parking for aLaetrie vehieLa eha.,l.i...,
through (v) of this sectioll.
indeeating is
purposes shaLL meet the standards of subsections (5)(c)(i)
(i) Signage. Eaeh eharging station space shaR be posted
with signage the spaeo OnLy for
incLtided if
eLectric vehicLe charging purposes. Days and hours of operation
tow -away to be enforetd-.
shaR be time Limits or
(ii) CLearance. Charging station equ,pnient niotinted on pedestals,
.J....:ees ..L.a ..hes ..Lthe
light posts, boRards or other
of curb.
be arn*nemum of 24earfromface
WhDeJStDPS
— 7--•-- T —
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Designatedi
. . _ . . - _ -
Acces5iNs Space
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9 of haRierfrm
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Parking Pking Pavin
ar
�tcessble elf Space spme Spy
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'El
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P-
Accessible EV CIh arging Station --------- 91—
!rwI
• Includes crLarging equlpment, signaga,
i
and barrier free routes to chrar9ing
s� nape
equipment and the building.
r•----- +Guidance
• Tne barrier free area adjacent to the
Accessible EV StatiGn shall be sVped and
i EV
be a rninimum of 44w wide_
i I
� Regllir I
EV Charging Station
Parking I
harping equipment and signage
! sp I j
..............i
+Gurden�
rrrs;ruuts +;rror 91rIg t�gurprlrarr4, srgnagt!,
and barrlerfeee rotten to charging
equipment an-d the building-
Th e b a rrier free area adjacent to the
Designated Accessible Space shal he
strlped and be 60or96'wide .
EV Charging Station
■ Gharglrlg equipment and signage
RegVar I
� srlung j
Space
[:I DEV
I �
..........
(16) Signage for parking of eleetrie vehicles shall include:
(a) Information on the eh a rging station to identifyvoitage a nd a niperage [eve is a rid any time of use,
fees, or safety inforrnatlofi-.
(b) As appropriate, directional signs to effectiveiy guide n-iotoilsts to the charging station space(s).
(17) Optional Signage. Optional information may be posted to aiert potenflai charging station Users
to other expectations.
(18) An applicant may request a modification of the nihimmun-i requh-ed number of electric vehicle
parking spaees by applying for an administrative variance type 2 ptirstiant to PE)Nie20.1224.083308(2).
Relief under an administrative variance type 2 pursuant topemeH. 124.0330)(2) may inchide but
not limited to allowingthe instaRatioi-i of electrical conduits and sizimg panels and eieetri
serveees to standard parking stalls in stipport of the future installation of charging facilities while
delaying recluirements for installing wiring and chargers as a condiflon of the project.
20.124.060 Accessible parking requirements.
Off-street accessible parking shall be provided in accordance with the Americans with Disabilities
Act of 1990, or as subsequently amended, and all state and federal standards including but not
Limited to the minimum number of standard and van accessible spaces based on the total off-
street parking facility size. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1)).
20.124.070 Stacking spaces for drive -through facilities.
(1) A stacking space shall be an area measuring eight feet by 20 feet with direct forward access to a
service window of a drive -through facility. A stacking space shall be located to prevent any vehicle
from extending onto the public right-of-way or interfering with any pedestrian circulation, traffic
maneuvering, or other parking space areas. Stacking spaces for drive -through or drive-in uses may
not be counted as required parking spaces.
(2) Uses providing drive -up or drive -through services shall provide vehicle stacking spaces in the
following serial or combined sequence per lane of drive -up window; such required spaces shall
include the drive -up window space itself:
(a) For each service window of a drive -through restaurant, a minimum of five stacking spaces shall
be provided.
(b) For all other uses, each drive -up window requires a minimum of three stacking spaces.
(c) The director may require a vehicle stacking study for proposals if evidence exists to indicate that
more than the minimum stacking spaces under subsections (2)(a) and (b) of this section are
required to serve a particular use or development.
(3) Stacking spaces shall be screened from the right-of-way and adjacent properties using a five-
foot type A or B landscape buffer as described in POMC 20.128.060. (Ord. 011-19 § 5 (Exh. 2); Ord.
019-17 § 18 (Exh. 1)).
20.124.080 Transit and rideshare provisions.
To support the use of ridesharing as an alternative mode of transportation that will aid the city in its
efforts to reduce air pollution, traffic congestion, and fossil fuel consumption, the following shall
apply:
(1) All land uses with 25 employees working at any given work site during a single work shift listed
under the government/business services and manufacturing tables shall be required to reserve
parking spaces for registered rideshare vehicle parking as follows:
(a) There shall be a minimum of one open parking space reserved for an employee rideshare
vehicle, and all registered rideshare vehicles shall have a reserved parking space.
(b) A vehicle parked in a rideshare vehicle only parking space must be registered in Kitsap Transit's
countywide public rideshare vehicle registration program, qualify as a rideshare vehicle as defined
by Kitsap Transit, and display a valid car/vanpool pass.
(c) Each rideshare vehicle parking space shall be clearly labeled with a Kitsap Transit carpool or
vanpool parking sign.
(d) Except for disabled parking spaces, rideshare vehicle parking spaces shall be located closer to
the primary employee entrance than any other employee parking spaces.
(2) When one or more scheduled transit routes provide service within 660 feet of the employment
site and there is designated pedestrian access, the community development director may reduce
the number of required off- street parking spaces.
(3) All uses which are located on an existing transit route and are required under the computation
for required off-street parking to provide more than 200 parking spaces may be required to provide
transit shelters, bus turnout lanes or other transit improvements as a condition of permit approval.
Uses that reduce required parking pursuant to subsection (2) of this section may provide transit
shelters if transit routes adjoin the site. (Ord. 017-23 § 5 (Exh. A); Ord. 011-19 § 5 (Exh. 2); Ord. 019-
17 § 18 (Exh. 1)).
20.124.090 Pedestrian circulation and access.
The following general pedestrian design standards shall apply to all developments throughout the
city in addition to those outlined elsewhere within the special design districts:
(1) All uses, except single-family detached buildings, shall provide pedestrian access onto the site.
Pedestrian access shall be located as follows:
(a) Access points at property edges and to adjacent lots shall be coordinated with the existing
development to provide circulation patterns between development sites. Pedestrian access to
adjacent lots shall not be required if the topography is greater than three percent between the lots.
(b) Residential developments shall provide links between cut -de -sacs or groups of buildings to
allow pedestrian access from within the development and from adjacent developments to activity
centers, parks, common tracts, open spaces, schools or other public facilities, transit stops, and
public streets.
(2) Pedestrian walkways shall minimize the conflict between pedestrians and traffic at all points of
pedestrian access to on -site parking and building entrances as follows:
(a) All developments which contain more than one building shall provide walkways between the
principal entrances of the buildings.
(b) Pedestrian walkways across parking areas shall be located as either one of the following:
(i) Walkways running parallel to the parking rows shall be provided at a minimum of every two
parking lot aisles.
(ii) Walkways running perpendicular to the parking rows shall be no further apart than 25 parking
spaces.
(3) Pedestrian access and walkways shall meet the following minimum design standards:
(a) Access and walkways shall be physically separated from driveways and parking spaces by
landscaping, berms, barriers, grade separation or other means to protect pedestrians from
vehicular traffic. Lighting may be required.
(b) Access and walkways shall be a minimum of 60 inches of unobstructed width and meet the
surfacing standards of the Port Orchard road standards for walkways or sidewalks.
(c) Access shall be usable by mobility -impaired persons and shall be designed and constructed to
be easily located by the sight -impaired pedestrian by grade change, texture or other equivalent
means.
(d) A crosswalk shall be required when a walkway crosses a driveway or a paved area accessible to
vehicles.
(e) Wherever walkways are provided, raised crosswalks or speed bumps may be located at all
points where a walkway crosses the lane of vehicle travel. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18
(Exh. 1)).
20.124.100 Off-street parking design standards.
(1) The most distant parking space shall not be located more than 1,000 feet away from the nearest
building entrance it is required to serve. Where the off-street parking areas do not abut the buildings
they serve, the required maximum distance shall be measured from the nearest building entrance
that the parking area serves:
(a) In designated local centers, required parking spaces may be located on consolidated off -site
parking lots distributed at accessible locations within the center.
(2) Minimum parking space and aisle dimensions shall be determined by the director. Regardless of
the parking angle, one-way aisles shall be at least 10 feet wide, and two-way aisles shall be at least
20 feet wide.
(3) Any parking spaces abutting a landscaped area on the driver or passenger side of the vehicle
shall provide an additional 18 inches above the minimum space width requirement to provide a
place to step other than in the landscaped area. The additional width shall be separated from the
adjacent parking space by a parking space division stripe. The parking space depth may be reduced
when vehicles overhang a walkway under the following conditions:
(a) Wheelstops or curbs are installed; and
(b) The remaining walkway provides a minimum of 60 inches of unimpeded passageway for
pedestrians.
(4) The amount of space depth reduction is limited to a maximum of 18 inches.
(5) Lighting of off-street parking areas shall be provided for safety of traffic and pedestrian
circulation on the site, as specified in the International Building Code. Lighting shall be designed to
minimize direct illumination of abutting properties and adjacent streets. The director shall have the
authority to determine lighting requirements including requiring the preparation of lighting plans to
determine the adequacy of on -site lighting as well as the off -site lighting impacts.
(6) Tandem or end -to -end parking is allowed in single-family detached residential developments.
Driveways crossing required setback areas may be used for parking when serving single-family
detached dwellings but shall not be considered for purposes of calculating required parking.
Attached single-family and multifamily developments may have tandem parking areas for each
dwelling unit but shall not combine parking for separate dwelling units in tandem parking areas.
(7) All vehicle parking and maneuvering areas serving a development activity shall be an asphalt or
concrete surface, except in industrial zones where only required vehicle parking and related
maneuvering areas must be paved.
(8) Low impact development (LID) best management practices (BMPs) shall be used for all parking
lot design and construction, unless site and soil conditions make LID infeasible as determined by
the city. LID BMPs for parking lot design and construction include, but are not limited to:
(a) Pervious surfacing;
(b) Integrating stormwater management facilities, such as bioretention swales, with
required parking lot landscaping; and
(c) Using native species in the landscape design.
LID BMPs shall be designed and constructed in accordance with the LID Technical Guidance
Manual for Puget Sound (current edition). (Ord. 011-19 § 5 (Exh. 2); Ord. 010-18 § 20).
20.124.110 Compact car allowance requirements.
Subject to director review and approval, up to 40 percent of the total number of spaces to be
provided in any development may be sized to accommodate compact cars. Aisle widths shall
conform to the standards set for standard size cars. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh.
1). Formerly 20.124.120).
20.124.120 Internal circulation road standards.
Internal access roads to off-street parking areas shall conform with or exceed the surfacing and
design requirements of the most recent adopted edition of the Port Orchard Public Works
Eengineering Sstandards and Sspecifications. (Ord. 059-21 § 12; Ord. 011-19 § 5 (Exh. 2); Ord. 019-
17 § 18 (Exh. 1). Formerly 20.124.130).
20.124.130 Downtown mixed use parking standards.
Except as otherwise provided in this section, development within the Ddowntown Mmixed= Utrse
zone (DMU) shall provide parking in accordance with the off-street parking requirements set forth in
this chapter.
(1) Parking shall not be required for ground floor uses in the DMU zone in the downtown subarea
(see City of Port Orchard Comprehensive Plan Appendix
D).
(2) For rnuftifam,Ly residential uses in the DMU zone, the off-street
minimum of one parking space for each dweffing unit, regardless of the number of
bed roorns.-Residential uses in the DMU zone shall meet the parking requirements of section
20.124.040.
(3) No new street level parking lot or parking garage that fronts directly on Bay Street shall be
allowed between Port Street and Seattle Avenue.
(4) Exemptions. The following uses and buildings within the DMU zone shall be exempt from the
parking standards set forth in this chapter:
(a) Existing buildings and uses along both sides of Bay Street from Orchard Avenue to
Seattle Avenue shall be exempt from the parking requirements set forth in this chapter. (Ord. 030-
21 § 11; Ord. 011-19 § 5 (Exh. 2)).
20.124.135 Downtown subarea residential parking standar— -
For residential uses in the downtown subarea, excluding the DMU zone parking standards in PE)MC
20.124.130, the off-street parking standard shall be a minimurn of one parking spaeo for each
dweRing tinit, regardiess of the number of bedroorns. An additional 0.25 parking spaces shall be
required for each unit iocated on a site that is not served by adjacent on -street parking. (Ord. 030-
2-1 § 12).
20.124.140 Minimum parking stand Parking Quantities.
(1) Vehicle parking minimum quantities shall be provided in accordance with Table 20.124.140
i elaw. Nothing in Table 20.124.140 precludes development from providing more off-street parking
than the minimum required. Within Centers, as adopted in the Land Use Element of the current City
of Port Orchard Comprehensive Plan, minimum vehicle parking requirements shall be provided
consistent with Table 20.124.140.
(2) Non-residential uses with one thousand (1,000) square feet or less shall be exempt from
minimum off-street parking requirements. All uses over one thousand (1,000) square feet, other
than those specified under the heading "Residential Uses" shall provide a minimum of four (4)
parking spaces or the amount specified in Table 20.124.140, whichever is greater, except as
otherwise provided in this chapter. Multiple -tenant or multiple -use buildings may exempt no more
than four (4) uses of one thousand (1,000) square feet or less from the minimum off-street parking
requirement. In addition, one (1) parking space shall be provided for each commercial vehicle or
vehicle necessary for the operation of the use that is maintained on the premises. Such vehicles
may include, but shall not be limited to, tow trucks, taxis, buses, limousines, hearses, commercial
trucks or vans, police or fire vehicles or other service vehicles.
(3) Bicycle parking minimum quantities shall be provided in accordance with Table 20.124.140t1�
tali eLow. In no case is a single use required to provide more than 24 bicycle parking spaces.
Bicycle
Minimum Parking
Parkin Additkma
Requirement
Minimum
' Off-Street
within
Supplementa
Parkin
Parking Required
Land Use
CentersMinimu
1 Parking
RequirementUni
t of Measure
m Off Street
Parking
Requiren,iervt
RequirementWhen
Lot Does
Not Have
Adjacent Public
On -Street Parking
Residential
Uses
Single-family
2 stalls Per
1 stall Per
+None required
detached
dwelling
dwellin -2
(including
manufactured
homes, mobile
homes)
Designated
2 stalls Per
1 stall Per
None required
manufactured
dwellin
dwelling
home.
manufactured or
mobile home
(except for new
designated
manufactured
homes
New designated
2 stalls Per
dwellin
1 stall Per
dwelling
None required
manufactured
home
Two-family
2 stalls Per
dwellin Pet°
dvv%--"
1 stall Per
dwelling
None requiredl-
Single-family
attached (2
units)
2 stalls Per
dwellin Pet°
"
1 stall Per
dwellln2
None required+
attached,
fly.
Single-family
attached (3 or 4
units
2 stalls Per
dwellin
1 stall Per
dwelling
None required
Single-family
attached (5 or 6
units
2 stalls Per
dwellin
1 stall Per
dwelling
None required
Multifamily (3 or
1 stall Per
dwelling
1 stall Per
dwelling
0.25 per dwellin
4 units
Multifamily (5 or
more units)
Studio
1.25 stalls Per
dwellin
1 stall Per
dwelling
0.25 per dwelling
One bedroom
1.5 stalls Per
dwelling
1 stall Per
dwelling
0.25 per dwelling
Two bedroom
1.75 stalls Per
dwellin
1 stall Per
dwelling
0.25 per dwelling
Three plus
bedroom
2 stalls Per
dwelling
1 stall Per
dwelling
0.25 per dwellin
Studla
Per studio
rtg
+.2-5
9.25
One bedroorn
Per one bedroorn
rjg
.5
0-.5
Two bedroorn
5
6.2-5
Per two bed roo rn
rtg
Tim plus
bedreem
Per three pLua
bedroom dvv-,"
2
9-.25
Boarding house
0.5 stall Per
bedroom
0-.50.5 stall Per
bedroom
None required
Congregate living
facilities
0 stall Per
bedroom
0 stall Per
bedroom
None required
Lodging house
None required
Group home (up
to 8 residents),
except as
follows:
0.5 stall Per
bedroom
0-.50.5 stall Per
bedroom
None required
Ad uft a r ri ly
2
Plus 0.5
+
Pei, adu Lt fantity
horne
home
spaces pe-r
bed
All group living (9
0.5 stall Per bed
0-.50.5 stall Per
0.125 Per bed
or more
bed
residents)
All social service
0.5 stall Per bed/
0.5 per bed and 1
None required
and 1 stall per
per 300 square
300 square feet
feet office
office
Public Uses
All civic uses,
1 stall Per 300
1 stall Per 300
5% of provided
except as listed
square feet office
square feet office
vehicle parking
below:
with a minimum of
3 spaces
Community
1 stall Per
1 stall Per
Plus 1 Pei, 5
5% of provided
college, high
classroom and 1
classroom and 1
students
vehicle parking
stall per 5
school,
stall per 5
with a minimum of
10 spaces
university, trade
students
students-+
or technical
school
Elementary,
1 stall Per
1 stall Per
Plus 1 per 50
5% of provided
middle, or junior
classroom and 1
classroom and 1
students
vehicle parkin
stall per 50
high school
stall per 50
with a minimum of
10 spaces
students
students-+
Club or lodge
1 stall Per 3 fixed
1 stall Per 3 fixed
5% of provided
seats-+
seats
vehicle parking
with a minimum of
3 spaces
Place of worship
1 stall Per 3 fixed
1 stall Per 3 fixed
5% of provided
seats+
seats
vehicle parking
with a minimum of
3 spaces
All open space
5% of provided
and park uses,
vehicle parkin
except as listed
with a minimum of
10 spaces
below:
Golf course
1 stall Per hole
1 stall Per hotel-
None required
All utilities
No min
No min
None required
Commercial
Uses
All day care
2 stalls Per 1,000
2 stalls Per 1,000
5% of total
square feet2
square feet
minimum off-
street parkin
requirement
(minimum 3)
All indoor
1 stall Per 1,000
1 stall Per 1,000
5% of total
square feet+
recreation,
square feet
minimum off -
except as listed
street parkin
below:
requirement
(minimum 3)
Shooting range
1 stall Per target
1 stall Per target+
None required
Bowling alley
3 stall Per lane
3 stall Per lanes
None required
All outdoor
Determined
Determined
5% of total
recreation,
during application
during application
minimum off -
except as listed
street parkin
below:
requirement
(minimum 3)
Shooting range
1 stall Per target
1 stall Per target +
5% of total
minimum off-
street parkin
requirement
(minimum 3)
All overnight
1 stall Per room
1 stall Per room
None required
available for
lodging
available for
overnight use by
overnight use by
guestsguests-+
All medical
2 stalls Per 1,000
2 stalls Per 1,000
5% of total
square feet-2
square feet
minimum off-
street parkin
requirement
(minimum 3)
All office
2 stalls Per 1,000
2 stalls Per 1,000
5% of total
square feet2
square feet
minimum off-
street parkin
requirement
(minimum 3)
All personal and
2 stalls Per 1,000
2 stalls Per 1,000
5% of total
square feet2
business
square feet
minimum off -
services
street parkin
requirement
(minimum 3)
All restaurants,
5 stalls Per 1,000
5 stalls Per 1,000
5% of total
square feet5
(except that
square feet
minimum off -
taverns, bars,
street parkin
and portions of
requirement
buildings within
(minimum 3)
restaurants
primarily used
forthe
consumption of
alcohol shall not
require any
vehicle parking
or be included in
minimum
parking
calculations)
All retail sales
2 stalls Per 1,000
2 stalls Per 1,000
5% of total
square feet2
square feet
minimum off-
street parkin
requirement
(minimum 3)
All vehicle and
2 stalls Per 1,000
2 stalls Per 1, 000
None required
square feet2
tool/constructio
square feet
n equipment
sales and rentals
All vehicle
1 stall Per 1,000
1 stall Per 1,000
None required
square feet+
service and
square feet
repair
Industrial Uses
All light
1 stall Per 1,000
1 stall Per 1,000
5% of total
square feet+
manufacturing
square feet
minimum off-
street parkin
requirement
(minimum 3)
All research and
1 stall Per 1,000
1 stall Per 1,000
5% of total
square feet+
development
square feet
minimum off-
street parkin
requirement
(minimum 3)
All warehouse,
1 stall Per 1,000
1 stall Per 1,000
5% of total
square feet2
storage and
square feet
minimum off -
distribution
street parking
requirement
(minimum 3)
�ww�wr-w r����rwrwwwww� rs�rwwwwr����w�
20.124.150 Minimum parking stall dimensions.
Table 20.124.150
Minimum Parking Stall Dimensions
Minimum Parking Stall Dimensions
Stall Width
Stall Depth
Compact stall
8.0 feet
16.0 feet
Standard stall (required for single-family and duplex
parking)
9.0 feet
20.0 feet
Minimum Loading Requirements
Unit of Measurement
Minimum Loading
Spaces
Nonresidential Buildings with Retail, Wholesale, Manufacturing,
Storage Uses
(1)
10,000 — 16,000
square feet
1.0
16,001 — 40,000
square feet
2.0
40,001—64,000
square feet
3.0
64,001 — 96,000
square feet
4.0
96,001—128,000
square feet
5.0
128,001 — 160,000
square feet
6.0
160,001 — 196,000
square feet
7.0
Each additional 36,000
square feet
2.0
Retail, Hotel, Office, Restaurant, Hospital, Auditorium, Convention Hall, Exhibition Hall, Sports
Arena/Stadium or Similar
40,000 — 60,000
square feet
1.0
60,001 — 160,000
square feet
2.0
160,001 — 264,000
square feet
3.0
264,001 — 388,000
square feet
4.0
388,001 — 520,000
square feet
5.0
520,001 — 652,000
square feet
6.0
Table 20.124.150
Minimum Parking Stall Dimensions
Minimum Parking Stall Dimensions
Stall Width
Stall Depth
652,001 — 784,000
square feet
7.0
784,001 — 920,000
square feet
8.0
Each additional 140,000
square feet
1.0
(1) Excluding self-service storage facilities.
(Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1). Formerly 20.124.260).
5-1286.1
SUBSTITUTE SENATE BILL 5184
State of Washington 69th Legislature 2025 Regular Session
By Senate Housing (originally sponsored by Senators Bateman, Trudeau,
Frame, Krishnadasan, Liias, Nobles, Pedersen, Salomon, Shewmake, and
Stanford)
READ FIRST TIME 02/07/25.
1 AN ACT Relating to minimum parking requirements; adding a new
2 section to chapter 35.21 RCW; adding a new section to chapter 35A.21
3 RCW; adding a new section to chapter 36.01 RCW; creating new
4 sections; and repealing RCW 36.70A.620.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
NEW SECTION. Sec. 1. The legislature finds that predetermined
on -site parking requirements needlessly drive up the cost of
development, particularly housing; discourage walking and multimodal
transit usage; and encourage excessive reliance of automobiles with
attendant impacts on human health and greenhouse gas emissions. The
legislature further finds that the amount of parking that a project
actually needs should be determined on a case -by -case basis by permit
applicants sensitive to actual market conditions rather than a one -
size -fits -all regulation.
NEW SECTION. Sec. 2. A new section is added to chapter 35.21
RCW to read as follows:
(1) A city may not require more than 0.5 parking space per
residential dwelling unit.
(2) A city may not require more than one parking space per 1,000
square feet of commercial space.
P. 1 SSB 5184
1
2
3
4
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7
8
9
10
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12
13
14
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20
21
22
23
24
25
26
27
28
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34
35
36
37
38
(3) A city may not require any minimum parking requirements for:
(a) Existing buildings undergoing change of use, including vacant
buildings;
(b) Residences under 1,200 square feet;
(c) Commercial spaces under 5,000 square feet;
(d) Affordable housing;
(e) Senior housing;
(f) Housing for people with disabilities;
(g) Facilities that serve alcohol;
(h) Child care facilities;
(i) Commercial spaces in mixed -use projects.
(4) For purposes of this section, "affordable housing" has the
same meaning as in RCW 36.70A.030.
(5) This section does not apply to accessible parking spaces in
compliance with the Americans with disabilities act.
(6) The provisions of this section do not apply to portions of
cities within a one -mile radius of a commercial airport in Washington
with at least 9,000,000 annual enplanements.
NEW SECTION. Sec. 3. A new section is added to chapter 35A.21
RCW to read as follows:
(1) A code city may not require more than 0.5 parking space per
residential dwelling unit.
(2) A code city may not require more than one parking space per
1,000 square feet of commercial space.
(3) A code city may not require any minimum parking requirements
for:
(a) Existing buildings undergoing change of use, including vacant
buildings;
(b) Residences under 1,200 square feet;
(c) Commercial spaces under 5,000 square feet;
(d) Affordable housing;
(e) Senior housing;
(f) Housing for people with disabilities;
(g) Facilities that serve alcohol;
(h) Child care facilities;
(i) Commercial spaces in mixed -use projects.
(4) For purposes of this section, "affordable housing" has the
same meaning as in RCW 36.70A.030.
p. 2 SSB 5184
1 (5) This section does not apply to accessible parking spaces in
2 compliance with the Americans with disabilities act.
3 (6) The provisions of this section do not apply to portions of
4 code cities within a one -mile radius of a commercial airport in
5 Washington with at least 9,000,000 annual enplanements.
6
NEW
SECTION. Sec. 4. A new section is added to chapter 36.01
7
RCW to read
as follows:
8
(1)
A county may not require more than 0.5 parking space per
9
residential
dwelling unit.
10
(2)
A county may not require more than one parking space per
11
1,000 square feet of commercial space.
12
(3)
A county may not require any minimum parking requirements
13
for:
14
(a)
Existing buildings undergoing change of use, including vacant
15
buildings;
16
(b)
Residences under 1,200 square feet;
17
(c)
Commercial spaces under 5,000 square feet;
18
(d)
Affordable housing;
19
(e)
Senior housing;
20
(f)
Housing for people with disabilities;
21
(g)
Facilities that serve alcohol;
22
(h)
Child care facilities;
23
(i)
Commercial spaces in mixed -use projects.
24
(4)
For purposes of this section, "affordable housing" has the
25
same meaning
as in RCW 36.70A.030.
26
(5)
This section does not apply to accessible parking spaces in
27
compliance
with the Americans with disabilities act.
28
(6)
The provisions of this section do not apply to portions of
29
counties
within a one -mile radius of a commercial airport in
30 Washington with at least 9,000,000 annual enplanements.
31 NEW SECTION. Sec. 5. RCW 36.70A.620 (Cities planning under RCW
32 36.70A.040Minimum residential parking requirements) and 2020 c 173 s
33 3 & 2019 c 348 s 5 are each repealed.
34 NEW SECTION. Sec. 6. This act may be known and cited as the
35 parking reform and modernization act.
--- END ---
p. 3 SSB 5184
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 • (360) 725-4000
www.commerce.wa.gov
February 7, 2025
Nicholas Bond
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Re: Port Orchard's progress toward completing its 2024 Periodic Update
Dear Nicholas:
Thank you for submitting a Notice of Final Adoption for the City of Port Orchard comprehensive
plan to the Washington State Department of Commerce Growth Management Services Unit
(Commerce) as part of your 2024 periodic update. We recognize the substantial investment of
time, energy, and resources that this represents, and we congratulate you for completing this
process as part of your comprehensive plan review and update required under the Growth
Management Act (GMA), RCW 36.70A.13011s
Next Steps to Complete the Periodic Update
RCW 36.70A.130 requires that counties and cities take action to review and revise, if necessary,
update their comprehensive plans and development regulations, and critical areas ordinances,
every ten -years. At this time, our records indicate Port Orchard still needs to finalize the review
and update of its development regulations and critical areas ordinance. As a result, Port Orchard
will be listed as "Overdue" on the Growth Management Progress Report status list until its
development regulations and critical areas ordinance are adopted as part of the 2024 periodic
update.
If you are able to adopt your overdue development regulations before December 31, 2025, then
your community may be eligible for grants and loans that require GMA compliance, which may
also make you eligible to adopt your critical areas ordinance on or before December 31, 2025,
under the substantial progress exception116 Please contact your regional planner for additional
information.
Please note that with exception to development regulations for accessory dwelling units117,
middle housing' 18 (applicable to cities listed here), and design review' 19, which must be adopted
115 RCW 36.70a.130: Comprehensive plans —Review procedures and schedules —Implementation progress report.
116 RCW 3 6.70A. 130(7)(b)
117 Engrossed House Bill 1337 (Chapter 334, Laws of 2023)
1" Engrossed Second Substitute House Bill 1110 (Chapter 332, Laws of 2023)
1" Engrossed Substitute House Bill 1293 (Chapter 333, Laws of 2023)
February 7, 2025
Page 2 of 2
on or before June 30, 2025120, all other development regulation amendments for the 2024
periodic update were due December 31, 2024.
Finalizing the Periodic Update Process
Commerce recommends that your final legislative action documents the entire review process
and declares that the periodic update required in RCW 36.70A.130(1) is complete. Your final
action of the periodic update process (resolution or ordinance) should include a declaration
stating that the jurisdiction has completed all requirements of the update under RCW
36.70A.130. When you have taken final action, we will send you a congratulatory letter to
acknowledge completion of the process. Your regional planner may contact you, if necessary, for
further clarification or interpretation. However, a cover letter informing us that your process
is complete will aid us in documenting your update status. The Commerce Periodic Update
webpage contains various resources related to periodic updates and as well as example plans,
ordinances, and resolutions for your reference.
Upon completion, please send a signed and dated copy of the adopted ordinance(s) or
resolution(s) to Commerce, and notify the department that the update is complete (see info about
submitting documents to the state). Following this process will ensure that we update our records
to indicate whether your community is eligible for grants and loans that require GMA
compliance.
Congratulations to you, your planning commission, staff, and involved citizens for the
good work represented by adopting your comprehensive plan. If you have any questions
or concerns, and/or require technical assistance, please contact Carol Holman at (360)
725-2706 or carol.holman@commerce.wa.gov. We extend our continued support to the
City of Port Orchard in achieving the goals of growth management.
Sincerely,
David Andersen, AICP
Managing Director
Growth Management Services
:SVEL
cc: Valerie Smith, AICP, Deputy Managing Director, Growth Management Services
Ben Serr, AICP, Eastern Regional Manager, Growth Management Services
Carol Holman, MUP, Western Regional Manager, Growth Management Services
Anne Fritzel, AICP, Housing Section Manager, Growth Management Services
120 See Commerce's fact sheet about preemptive state laws for infill housing.
Local Comprehensive Plans
Certification Report
City of Port Orchard Comprehensive Plan
February 27, 2025
The Puget Sound Regional Council conducted a certification review of the City of Port
Orchard comprehensive plan. Port Orchard adopted their 2024 comprehensive plan update
on December 10, 2024. PSRC staff provided comments on the draft plan in October 2024 to
inform the final plan adopted by the city.
This document is organized into two primary parts: a statement of certification and any
applicable conditions to certification; and a discussion of conformity with the Growth
Management Act and consistency with VISION 2050 by topic area.
Certification Action
The Puget Sound Regional Council certifies that the transportation -related provisions in
the City of Port Orchard 2024 comprehensive plan conform to the Growth Management
Act and are substantially consistent with multicounty planning policies and the Regional
Transportation Plan.
Within the central Puget Sound region, local governments and PSRC have worked together to
develop an overall process for reviewing and certifying local, countywide, regional center,
and long-range transit plans.' Transportation -related provisions that are key for certification
are based on RCW 47.80.026 and the Growth Management Act (RCW 36.70A). This report
may recommend additional work to fully address the requirements of the Growth
Management Act, VISION 2050, or the Regional Transportation Plan, although such revisions
may not be strictly required for certification. Jurisdictions are encouraged to address those
items during upcoming comprehensive plan updates and other planning efforts.
Conformity with Growth Management Act Transportation Planning
Requirements and Consistency with Regional Plans and Policies
OVERVIEW
This section discusses conformity with the Growth Management Act (RCW 36.70A.070(6))
and the transportation -related requirements for local comprehensive plans. It also discusses
consistency with the adopted multicounty planning policies (established regional guidelines
and principles under RCW 47.80.026) adopted in VISION 2050 and the Regional
1 The certification requirement in the Growth Management Act is described in RCW 47.80. The specific requirements for
transportation elements in local comprehensive plans are spelled out in RCW 36.70A.070. PSRC's Interlocal Agreement, Section
VII, also provides direction for the review of local comprehensive plans and countywide policies (Resolution A-91-01, amended
March 1998). The Council's Executive Board last updated its process for Policy and Plan Review in September 2003. The process
is also described in VISION 2050: Implementation.
Puget Sound Regional Council Plan Review & Certification Recommendation
City of Port Orchard Comprehensive Plan I March 2025
Transportation Plan. In addition to the multicounty planning policies, VISION 2050 contains a
regional growth strategy with a preferred distribution of the region's residential and
employment growth, as well as several implementation actions for local governments to
carry out. Each policy area addressed in VISION 2050 is discussed in turn below. More
information about the requirement to review and certify local plans is provided in the
Adopted Policy and Plan Review Process.
Plans are reviewed using PSRC's VISION 2050 Consistency Tool. This report documents where
the plan meets requirements, highlights outstanding provisions of the plan, and identifies
where additional work is needed to fully address VISION 2050, the Regional Transportation
Plan, or Growth Management Act planning requirements. This section is organized by the
sections in VISION 2050. While this may align with plan elements, many of these concepts
may be addressed in various parts of local comprehensive plans.
Regional Collaboration
Scope of Review
The Growth Management Act (RCW 36.70A.070(6)) and VISION 2050 call for local
comprehensive plans to:
• Coordinate with other jurisdictions, agencies, tribes, ports, military installations,
and special purpose districts.
• Prioritize access to opportunity for people of color, people with low incomes, and
historically underserved communities.
• Address opportunities and challenges related to military installations when
applicable.
• Prioritize investments in centers.
• Explore funding sources and fiscal tools to meet infrastructure and other needs.
Certification Findings
The Port Orchard comprehensive plan effectively addresses regional collaboration policies in
VISION 2050. The plan describes how the city's policies and actions implement the Growth
Management Act and VISION 2050. A robust public engagement process informed
development of the plan which included public meetings, policy and land use workshops,
surveys, and opportunities for public comment. The plan calls for the city to conduct
inclusive and equitable planning processes. The plan includes policies and discussion on
coordination with other jurisdictions, tribes, agencies, and regional partners.
Puget Sound Regional Council Plan Review & Certification Recommendation 2
City of Port Orchard Comprehensive Plan I March 2025
Regional Growth Strategy
Scope of Review
VISION 2050 calls for local comprehensive plans to:
• Incorporate housing and employment targets.
• Use land use assumptions substantially consistent with countywide growth
targets.
• Demonstrate sufficient zoned development capacity to accommodate targets.
• Use consistent land use assumptions throughout plan.
• Maintain a stable urban growth area with densities that support the Regional
Growth Strategy.
• Support growth in designated centers and high -capacity transit station areas.
• Manage and reduce rural growth and protect natural resource lands.
Certification Findings
The Port Orchard comprehensive plan effectively addresses the Regional Growth Strategy
policies in VISION 2050. The plan uses consistent growth assumptions throughout the plan
and demonstrates the city has sufficient capacity to accommodate the planned growth of
10,500 residents, 5,400 jobs, and 4,943 housing units through 2044. The plan emphasizes
growth in its designated countywide and local centers.
Environment
Scope of Review
VISION 2050 calls for local comprehensive plans to:
• Ensure air quality standards are met and reduce emissions of air toxics and
greenhouse gases.
• Protect critical areas and habitat through coordination and environmental
stewardship.
• Plan for park, trail, and open space resources and needs.
• Protect and enhance tree canopy and native vegetation.
• Protect and restore water quality, including actions to restore shorelines and
estuaries, remove fish -passage barriers, reduce toxic products, and manage
stormwater.
• Ensure access to healthy environments for all residents, prioritizing the reduction
of impacts for vulnerable residents.
•
Puget Sound Regional Council Plan Review & Certification Recommendation 3
City of Port Orchard Comprehensive Plan I March 2025
Certification Findings
The Port Orchard comprehensive plan effectively addresses the environmental policies in
VISION 2050. The plan includes several policies to protect critical areas, habitat, tree canopy,
native vegetation, water quality, and air quality. The plan includes policies to ensure every
resident has access to a park within a 10-minute walk. The plan also includes policies aimed
at reducing environmental impacts to vulnerable populations.
Climate Change
Scope of Review
VISION 2050 calls for local comprehensive plans to:
• Reduce greenhouse gas emissions in support of state, regional, and local
reductions goals.
• Protect and restore natural resources that sequester and store carbon.
• Address impacts to vulnerable populations that have been or will be impacted
by climate change.
• Retrofit existing buildings to reduce building energy use.
• Increase resilience by identifying and addressing the impacts of climate change
and natural hazards.
• Address rising sea levels by siting and planning for relocation out of the
floodplain.
Certification Findings
The Port Orchard comprehensive plan effectively addresses the climate change policies in
VISION 2050. There are several policies aimed at reducing greenhouse gas emissions in
support of state, regional, and local reduction goals. The city also reviewed HB 1181 to
determine how to be consistent with the new requirements by the 2029 and 2034 deadlines.
The plan promotes a climate resilient community.
The city should address the following comment in future updates to the plan:
• The city has made important progress on addressing climate change in the
comprehensive plan. Updates associated with HB 1181 are not required until the 5-year
implementation progress report for 2024 jurisdictions, but PSRC encourages the city to
continue this work and consult guidance from Commerce.
Puget Sound Regional Council Plan Review & Certification Recommendation 4
City of Port Orchard Comprehensive Plan I March 2025
Land Use/Development Patterns
Scope of Review
VISION 2050 calls for local comprehensive plans to:
• Build thriving urban communities through inclusive engagement.
• Support centers as connections to opportunity.
• Address healthy environment, physical activity and well-being, and safety, while
reducing disparities.
• Support annexation and incorporation by planning for phased growth of
communities.
• Preserve rural areas and natural resource lands.
• Evaluate potential residential and commercial displacement and mitigate
impacts.
• Limit incompatible uses adjacent to military lands, industrial centers, and tribal
reservation lands.
Certification Findings
The Port Orchard comprehensive plan effectively addresses the land use and development
patterns policies in VISION 2050. The plan includes policies supporting the orderly and
efficient incorporation of urban unincorporated areas, as well as the efficient and cost-
effective development of public services and infrastructure. There is a strong policy basis for
focused growth in both countywide and locally designated centers, noting that higher
density development should be well -served by public transit and sited within walking
distance of amenities and jobs. The city is actively engaged in centers planning and recently
developed subarea plans for Bethel Lund and Sedgewick Bethel countywide centers in
concert with the comprehensive planning process. Subarea plans for Ruby Creek, Downtown
Port Orchard, and McCormick Village are also included in the comprehensive plan as
appendices.
•
Puget Sound Regional Council Plan Review & Certification Recommendation 5
City of Port Orchard Comprehensive Plan I March 2025
Housing
Scope of Review
The Growth Management Act (RCW 36.70A.070) and VISION 2050 call for local
comprehensive plans to:
• Provide an inventory and analysis of existing housing and housing needs at each
income level.
• Document sufficient land capacity to accommodate housing for all income
levels and emergency shelters.
• Identify actions to provide housing for all income levels.
• Identify and address racially disparate impacts, displacement, or exclusion in
housing.
• Expand housing capacity for moderate -density housing.
• Promote jobs -housing balance.
• Support the development and preservation of affordable housing by considering
inclusionary and incentive zoning and promoting affordable housing near high -
capacity transit.
• Promote homeownership opportunities.
Certification Findings
The Port Orchard comprehensive plan effectively addresses the housing policy topics in
VISION 2050. The plan demonstrates the city has sufficient capacity to accommodate its
allocated share of countywide housing need and documents strategies to address barriers
to affordable housing. A thorough racially disparate impacts analysis was conducted as part
of the plan. Port Orchard's Housing Action Plan provides important context related to the
community's current housing characteristics and affordability. The plan also addresses
emergency housing, permanent supportive housing, and displacement risk.
The city should address the following comments in future updates to the plan:
The region is facing a housing crisis, and jurisdictions should act with urgency to
address the housing needs of all residents. The city is encouraged to continue to work
with regional partners to monitor housing conditions, to implement housing strategies,
and to amend the plan periodically to adjust to changing conditions.
The city should monitor the ability of ADUs to provide lower -income housing and
make adjustments as needed to ensure the city's housing needs are met at all
income levels.
Puget Sound Regional Council Plan Review & Certification Recommendation 6
City of Port Orchard Comprehensive Plan I March 2025
Economy
Scope of Review
VISION 2050 calls for local comprehensive plans to:
• Identify and enhance industry clusters, including those that provide goods and
services for export.
• Support retention and recruitment of family wage jobs and small businesses that
are locally, women-, and minority -owned.
• Develop a range of employment opportunities to create a closer balance
between jobs and housing.
• Address and prevent potential physical, economic, and cultural displacement of
existing businesses.
• Expand access to opportunity and remove barriers for disconnected
communities.
• Recognize and empower the contributions of the region's culturally and
ethnically diverse communities.
Certification Findings
The Port Orchard comprehensive plan effectively addresses the economy policies in VISION
2050. The plan provides a detailed picture of the local economic conditions and the city's
relationship to the broader regional economy. The plan provides adequate capacity for its
employment target. Additionally, the plan includes polices that address the potential
displacement of existing businesses.
•
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City of Port Orchard Comprehensive Plan I March 2025
Transportation
Scope of Review
The Growth Management Act (RCW 36.70A.070(6)) requires local comprehensive plans
to:
• Use internally consistent land use assumptions and forecasts of travel demand
and that are consistent with growth targets.
• Provide inventories of existing facilities, and level -of -service standards and
concurrency provisions that address multiple modes of travel, planned land uses
and densities, and state highways.
• Include a multiyear financing plan and reassessment strategy to address
potential funding shortfalls.
• Direct demand management, including programs to implement the Commute
Trip Reduction Act.
• Plan for pedestrians and bicycles, including capital investments, education, and
safety.
• Discourage incompatible uses adjacent to airports.
• Address air quality and the reduction of pollutants consistent with WAC 173-420-
080.
VISION 2050 also calls for local comprehensive plans to:
• Plan for system maintenance, safety and emergency management.
• Support the Regional Growth Strategy.
• Provide alternatives to driving alone.
• Plan facilities and services for special needs transportation.
• Avoid the creation of new and expanded facilities in rural areas.
• Identify racial and social equity as a core objective when implementing
transportation projects.
• Protect the environment and reduce stormwater pollution.
Certification Findings
The Port Orchard comprehensive plan effectively addresses the transportation planning
requirements of the Growth Management Act and the transportation policies in VISION 2050.
The plan includes inventories of existing transportation facilities, a focus on transportation
safety, and policies that encourage an efficient and reliable multimodal transportation
system. The plan includes a project list and financing plan for transportation projects
planned through 2044. The city has also created an equity framework for transportation
planning aimed at identifying and prioritizing transportation projects that will benefit
disadvantaged populations and traditionally underserved communities.
The city should address the following comments in future updates to the plan:
Consistent with VISION 2050, the plan includes multimodal level of service standards
to identify system improvements. Please note the Growth Management Act will require
Puget Sound Regional Council Plan Review & Certification Recommendation 8
City of Port Orchard Comprehensive Plan I March 2025
multimodal level of service standards in central Puget Sound jurisdictions by 2029,
and additional guidance may be available in the future to refine adopted standards.
Public Services
Scope of Review
VISION 2050 calls for local comprehensive plans to:
• Promote coordinated and efficient use of public services.
• Protect water quality by serving urban development with sewer systems and
replacing failing septic systems.
• Consider the impacts of climate change on public facilities and promote
renewable energy.
• Promote affordable and equitable access to public services, especially for
underserved communities.
• Promote working with school districts on school siting and design to support
safe, walkable access.
Certification Findings
The Port Orchard comprehensive plan effectively addresses the public services policies in
VISION 2050. The plan includes a policy to consider impacts of climate change when
selecting locations for public facilities, including but not limited to flood risks and sea -level
rise. It also includes policies promoting meaningful and inclusive community engagement,
prioritizing the inclusion of historically underrepresented populations, in capital facilities
planning.
Conclusion and Next Steps
PSRC found that the City of Port Orchard comprehensive plan is substantially consistent with
the transportation -related provisions of the Growth Management Act, VISION 2050 and the
Regional Transportation Plan.
The city is encouraged to address areas identified for additional work in upcoming plan
updates and other planning efforts. These may be areas where additional work would make
the plan more consistent with the Growth Management Act or VISION 2050 and areas that
may be necessary to address prior to the 2029 Growth Management Act Implementation
Progress Report.
PSRC is available to provide assistance for future plan updates. Additional planning
resources can also be found on PSRC's Plan Review webpage. If the city has questions or
needs additional information, please contact David Dixon at 206-464-6172 or
ddixon(a)_psrc.org and Katie Enders at 206-587-4812 or kenders@psrc.org.
Puget Sound Regional Council Plan Review & Certification Recommendation 9
City of Port Orchard Comprehensive Plan I March 2025