SB 5184: Parking Requirements

SB 5184 addresses minimum parking requirements within Washington cities and counties. Recognizing the framework established by the Growth Management Act (GMA), the bill sets new limitations on mandatory parking for various types of development. For multifamily dwelling units, the maximum requirement is capped at 0.5 spaces per unit, while single-family homes cannot be mandated to provide more than one parking space. Commercial spaces face a limit of two parking spaces per 1,000 square feet.

Notably, the bill eliminates minimum parking requirements altogether for several categories, including existing buildings undergoing a change of use to residential or commercial, residences under 1,200 square feet, commercial spaces smaller than 3,000 square feet, affordable housing, senior housing, child care facilities, and ground-level nonresidential spaces in mixed-use buildings.

The timeline for implementation varies based on population. Cities and counties with populations between 30,000 and 50,000 have three years from the bill's effective date to comply, while those with populations of 50,000 or greater must implement the changes within 18 months.

Several exceptions to these parking restrictions exist. They do not apply to accessible parking spaces mandated by the Americans with Disabilities Act (ADA), or to portions of cities and counties within a one-mile radius of a commercial airport with at least nine million annual enplanements. Additionally, cities or code cities with a population of 30,000 or less are exempt.

Jurisdictions can also seek an exemption by submitting an empirical study from a credentialed expert to the Department of Commerce demonstrating that the parking limitations would significantly compromise safety. Furthermore, cities and counties retain the authority to require additional parking for religious organizations and carpools.

The bill outlines processes for jurisdictions that have already adopted substantially similar policies to apply for a determination of compliance from Commerce. Variances from the limitations and prohibitions can be requested from Commerce if compliance would pose a hazard to residents' life, health, or safety, as confirmed by a building official or fire marshal. Similarly, variances can be sought to mandate additional parking spaces specifically designated for individuals with disabilities beyond ADA requirements, based on objective standards related to population, location, or building safety.

It's important to note that the bill does not prohibit cities and counties from requiring temporary or time-restricted parking. Moreover, these jurisdictions are encouraged to consider drop-off space, waiting space, and accessibility during the design review process when implementing parking limitations. Counties retain the ability to require off-street parking if their roads do not meet the standards adopted by the cities within their boundaries. Finally, the bill repeals current minimum residential parking requirements for cities planning under the GMA and directs the State Building Code Council (SBCC) to research and potentially update accessible parking space requirements in the State Building Code to align with current research on disability rates among drivers.