SENATE BILL REPORT

2SHB 1987

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Requires a city planning or full city or county planning to allow for an increased density bonus for an affordable housing development located on real property owned or controlled by a religious organization.
Provides that the development must be dedicated to exclusive use by low-income households for a minimum of 40 years through a lease or other binding agreement.

Background: Cities and counties engaging in comprehensive planning may enact ordinances and codes to regulate the use of land and zoning of certain developments and activities. Such regulations generally include the location, construction and size of buildings for residence, industry, trade, and other purposes; the height, construction, and design of buildings and structures; the size of yards, open spaces, lots, and tracts; the density of population; the set-back of buildings; the subdivision and development of land; and adoption of standard building codes and fire regulations.

A density bonus is a zoning tool that permits developers to build more housing units, taller buildings, or more floor space than normally allowed, in exchange for provision of a defined public benefit, such as a specified number or percentage of affordable housing units. State law allows for density bonuses to be provided as a local option as part of an affordable housing incentive program.

Summary of Bill: A city planning or full city or county planning must allow for an increased density bonus consistent with local needs for any affordable housing development of any single-family or multiple-family residence located on real property owned or controlled by a religious organization. The affordable housing development must be set aside for and occupied exclusively by low-income households for at least 40 years by a lease or other binding legal obligation. The development must agree not to discriminate based on a list of demographic factors including creed and sexual orientation. A religious organization developing the affordable housing must agree to pay fees, mitigation costs, and other charges and work with the local transit agency to ensure appropriate transit services are provided.

Affordable housing development is defined for the purpose of this act as housing in which 100 percent of units are set aside for or occupied by low-income households whose income is less than 80 percent of the median family income, and the sales price or rent amount may not exceed 30 percent of the income limit for the low-income housing unit.

Staff Summary of Public Testimony: PRO: A religious organization gets no other consideration under this bill and would be subject to all other normal development rules. I worked with cities and counties to develop language to make them comfortable, including making the zoning bonus determined by community needs, which will protect neighborhoods from something totally out of scale or out of context. There is an exemption for counties under 125,000. This will help the larger religious organizations that have the capacity to participate.