Anxious About Durkan’s Decision, Council Members and Housing Advocates Scheduled Last-Minute Press Conference on Density Plan

Image via City of Seattle

For months, advocates for a denser, more affordable city have been waiting with gritted teeth to see how Mayor Jenny Durkan would put her imprint on the citywide Mandatory Housing Affordability plan, which was developed under her predecessor, Ed Murray. The plan, which has already been implemented in a handful of neighborhoods, allows more types of housing—duplexes, townhouses, and apartment buildings—in more parts of the city, including 6 percent of the land currently zoned exclusively for single-family housing. Given Durkan’s somewhat spotty record on key urbanist issues—stalling bike lanes downtown and in North Seattle, siding with housing opponents on the Showbox, and delaying the First Avenue streetcar—density advocates worried that any changes Durkan made would only water down the proposal.

Last week, it looked like the advocates were about to get the bad news they were expecting: Durkan, under pressure from the city attorney’s office, was reportedly poised to call for a supplemental environmental impact statement (SEIS) to examine the plan’s potential impacts on historic resources (like the Admiral Theatre, above)—an additional layer of process that would have added months of delay and created new avenues for MHA opponents to appeal the plan, perhaps into oblivion. Instead, MHA advocates wanted the city to limit its additional historical-resources analysis—required by an otherwise favorable ruling by the city’s hearing examiner last November—to an addendum to the final environmental impact statement, which would require only a 14-day public comment period and could not be challenged. The ruling marked the conclusion of a yearlong appeal by single-family neighborhood activists, who argued that MHA should not go forward because of its supposed negative environmental impacts.

The city attorney, whose spokesman said he could not comment on any legal advice the office provides to the mayor, reportedly expressed concern that doing an addendum, rather than a full SEIS, could open the city up to legal liability.

Durkan’s office did not respond to questions about whether she initially leaned toward recommending the more arduous, time-consuming EIS process. But representatives from the Housing Development Consortium, Vulcan, the Chinatown/International District Public Development Authority, and several city council members were apparently concerned enough about the potential for more delay that they planned a press conference this past Friday morning at Sound Transit’s Union Station to encourage the mayor to move forward quickly with the plan.

According to a planning email obtained by The C Is for Crank, pro-MHA city council member Teresa Mosqueda’s office billed the event—officially a kickoff to Affordable Housing Month— as an opportunity for participating organizations “to speak directly with members of the press about the importance of moving MHA forward by March… and why you and/or your organization is excited to support this legislation that has been years in the making!” In addition to Mosqueda, council members Rob Johnson and Lorena Gonzalez were scheduled to speak.

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And then, without notice, the press conference was called off. One participant says they showed up to find no one there. Mosqueda would not comment on why the event was canceled; nor would Johnson, the chairman of the council’s land use committee and a longtime vocal MHA proponent.

However, sources inside and outside city hall who spoke on background say that Durkan met last week with a coalition of MHA advocates, including developers whose plans would be impacted by more delay, who strongly urged her to go with the less onerous addendum option. As, indeed, she ultimately did: The city’s Office of Planning and Development will publish the addendum on Thursday, eliminating one of the last potential roadblocks to MHA’s approval. At some point between now and March, the council will approve the plan (with amendments) and a companion resolution, which could call for mitigation plans to protect historical resources inside the MHA boundaries.

The mayor’s office provided a statement about the decision to move MHA forward:

Mayor Durkan believes the Mandatory Housing Affordability requirements are critical to building more affordable housing while ensuring that our fastest-growing neighborhoods can be vibrant, livable places for the next generation. In November 2018, the Seattle Hearing Examiner ruled that the environmental analysis of MHA conducted by the City adequately addressed the impacts of the proposal with the exception of the analysis of historic resources. As required by the Hearing Examiner’s remand, the City has been working diligently to conduct a thorough environmental review of historic resources, and this week OPCD will publish the addendum in order to move forward on a path for the City Council to pass MHA this Spring. Understanding appellants have challenged MHA every step of the way, the City will continue to successfully work to increase development capacity and support affordable housing requirements.

If MHA does move forward in March, it will mark the end of delay tactics that have resulted in the loss of hundreds of units of affordable housing, worth an estimated $87 million, over the year that MHA has been locked up in appeals. It will also represent a significant moment in the Durkan administration—a decision to move forward, rather than delay, a program that will create a significant amount of new housing despite the fact that it’s controversial with the single-family homeowners who helped the mayor get elected.

It’s not clear exactly why Durkan made this decision when she did—whether, for example, she was swayed by the specter of a big press conference starring three council members, Vulcan, and the county’s largest affordable housing coalition, or by direct appeals from developers themselves. But tensions were reportedly high at City Hall right up until Friday, after Durkan decided to support the fast-track option— if you can say that a process that has taken nearly two years is on a fast track.

At Long Last, Council Takes Up Mandatory Housing Affordability Upzones

As the city council prepares to finally take up former mayor Ed Murray’s Mandatory Housing Affordability plan—which alters zoning and land use across the city, and would allow duplexes and small apartment buildings on 6 percent of the land currently reserved exclusively for detached single-family houses—today, the council’s seven district members are also proposing dozens of amendments to the plan.

Many of the amendments involve undoing or reducing the proposed density increases, although some proposals do call for higher densities in certain areas. It’s highly improbable that every one of the downzoning amendments will pass, but if they did, it would be tantamount to rejecting the very premise of MHA, which allows developers to build more densely in a small swath of the city in exchange for funding new affordable housing. If all the amendments, including both downzones and upzones, passed, the overall result would still be lower density overall than MHA proposes). And even if MHA were passed unamended, the vast majority of Seattle would still be preserved for suburban-style single-family houses.

The implications of not adopting MHA as drafted (or of downzoning the proposal, block by contested block) go beyond just density. Exempting some commercial and multifamily areas from the plan will mean that developers who build in those areas will not have to build affordable housing (either on-site or by contributing money to a city fund), which have two effects: First, it will make MHA-exempt areas more attractive to developers, not less, because they won’t have to contribute to affordable housing, making development cheaper; second, because developers who build in exempted areas won’t have to contribute to affordable housing, less affordable housing will get built, making it harder for the city to reach its goal of 6,000 units of affordable housing in the next 10 years. Council members who act to exempt certain multifamily areas from upzones in order to prevent displacement may, in other words, actually be encouraging development in those areas.

Here are some of the amendments the council will consider this week, starting at today’s special MHA committee meeting in council chambers at 2:30, listed by district. All the amendments are available in in this 100-page document, which lists the amendments in district order; amendments that are tagged “Additional Environmental review needed” are outside the scope of the city’s Final Environmental Impact Statement for the proposal (which the city’s hearing examiner recently upheld after a lengthy appeal process), and are less likely to move forward than those within the scope of the FEIS. Many of the amendments in each district are proposed by the council member for that district; however, because this isn’t true of every amendment (many of the amendments came from council central staff or from constituents in that district), I’ll refer to the amendments by district rather than author, with one exception. Also, when I refer to “downzones” and “upzones,” I am generally referring to those changes relative to what is proposed in the MHA plan, not to the current zoning.

 District 1 (Lisa Herbold)

The amendments proposed for Herbold’s West Seattle District would reduce the proposed upzones in areas that are currently zoned single-family from low-rise (a catchall term for zones that allow multifamily development) to lower-density designations. Seven of the 11 District 1 amendments call for scaling back the MHA density increases to Residential Small Lot zoning, which allows no more than one unit per 2,000 square feet of land area and limits the size of new houses to 2,200 square feet. Other amendments would undo every proposed upzone in the areas of the West Seattle Junction that are currently single-family, while upzoning a swath of land known as the Triangle, along Fauntleroy Way SW, from 65 feet to 95 feet.

In practice, Residential Small Lot, a new zoning designation, imposes a density limit of about two units on a typical 5,000-square-foot Seattle lot—far less than, say, Low-Rise 3, which is supposed to encourage “infill housing at medium to high densities,” according to the city.

District 2 (Bruce Harrell)

Areas around the Mount Baker light rail station would not be upzoned, or would receive more modest upzones, under two District 2 amendments, and a proposed expansion of the North Beacon Hill Urban Village (along with an upzone within the existing urban village, which is served by the Beacon Hill light rail station) would be eliminated. Getting rid of upzones on Beacon Hill has been a priority of the anti-density SCALE coalition, whose environmental appeals have stalled the implementation of MHA, and Harrell’s amendments would largely accomplish this goal.

The District 2 amendments also include small, specific upzones and downzones in far southeast Seattle (including lower heights and densities around the Rainier Beach light rail station).

District 3 (Kshama Sawant)

Most of the proposed MHA amendments in District 3 consist of downzones on North Capitol Hill east of 15th Ave. and north of Thomas St.—generally speaking, one of the wealthier parts of Sawant’s district, which includes the rest of Capitol Hill as well as the Central District small parts of Mount Baker and Beacon Hill. Geographically, the majority of the proposed District 3 downzones are in the Madison-Miller Urban Village, along 19th Ave. E between East Aloha and East Thomas Streets, and between 20th and 24rd Aves. E on Capitol Hill.

The District 3 amendments also include a few small upzones on individual properties and blocks—all of them, with one exception, in the Central District or further south.

District 4 (Rob Johnson)

Johnson is a vocal proponent of MHA and of increasing density in his own Northeast Seattle district. Many of the amendments in District 4, not surprisingly, would upzone parts of Johnson’s district even more than MHA calls for, particularly around the two light rail stations that are being built near the University of Washington and in the Ravenna-Roosevelt neighborhood. The amendments would also increase potential building heights near the Roosevelt station, on 12th Ave. NE between NE 65th and 67th Streets, from 65 feet to 125 feet, and would add 20 feet to the potential height of new apartments around University Village.

The District 4 amendments also include a few proposed downzones—one for the block just north of Roosevelt High School, two for a site just north of Ravenna Park, and one on the northern boundary of his district, where he has proposed reducing part of the Wallingford Urban Village from low-rise to residential small lot.

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District 5 (Debora Juarez)

The amendments proposed for District 5, which stretches from the northern boundary of Johnson’s district to the border between Seattle and Shoreline, also include a number of upzones centering on three dense (and densifying) areas of North Seattle—Northgate, where a light-rail station is under construction, Lake City, and Aurora Avenue North, in the Aurora-Licton Urban Village.

District 3 council member Sawant has also proposed an amendment in Juarez’s district that would cancel an upzone planned for commercially zoned two mobile home parks located just south of N 125th Street, which are slated for an upzone from 40 to 55 feet. It’s unclear whether Sawant consulted with Juarez on her amendment about the mobile home park, which is also the subject of a special committee meeting Sawant is holding in her renters’ rights committee on Friday afternoon.

District 6 (Mike O’Brien)The 15 proposed amendments in District 6, which includes all of Northwest Seattle, largely sidestep Ballard’s historical center and the area around a potential light rail station, along NW Market Street. Instead, the proposed changes center on the Crown Hill Urban Village, where nine amendments would reduce MHA’s proposed upzones, mostly by lowering proposed densities in areas that are currently single-family from low-rise to residential small lot.

A handful of other District 6 amendments would modestly increase density on a few specific parcels—including one block just south of Holman Rd. NW, currently the site of a Dick’s Drive-In location—but most of the proposals involve lowering development capacity in the northern half of O’Brien’s district.

District 7 (Sally Bagshaw) 

There are just three proposed amendments in Bagshaw’s district, which includes parts of the city (downtown and South Lake Union) that have already gone through their own upzone process and are not part of the current MHA debate. They include two downzones from the MHA proposal, in Upper Queen Anne, and a reversal of a proposed upzone in Magnolia, near the Kiwanis Memorial Preserve Park, just south of the Ballard Locks.

Mayor Jenny Durkan is likely to want to leave her own stamp on the previous mayor’s upzone proposal; during the campaign, she said she supported Murray’s decision to take single-family housing (mostly) off the table, and commented that in considering changes to the plan, it was important to make sure “that we aren’t impacting neighborhoods, communities, or families in ways that we didn’t think about.”

The plan has already been drastically watered down once, during the Murray administration—from a proposal that would have allowed duplexes and townhomes in the 65 percent of Seattle that is preserved exclusively for single-family houses, to the current version, which upzones just a sliver of that land and keeps the city’s single-family mandate intact. Any further backsliding on MHA will only hinder the city’s ability to create affordable housing for low-income residents, and ensure that more middle-income people are pushed out of the city simply

Morning Crank: Incongruous With Their Fundamental Mission

Image result for futurewise logo

1. For years, environmental advocates who support urban density as a tool against sprawl have grumbled about the fact that the anti-sprawl nonprofit Futurewise has two men on its board who make a living fighting against the foundational principles of the organization—attorneys Jeff Eustis and David Bricklin. Both men were ousted from the Futurewise board last month after the board voted to impose term limits on board members, who will be limited to no more than three successive terms from now on.

Both Eustis and Bricklin are crossways with Futurewise on a number of high-profile local issues, including the question of whether Seattle should allow more people to live in single-family areas, which occupy 75 percent of the city’s residential land but house a shrinking fraction of Seattle’s residents. Eustis is currently representing the Queen Anne Community Council, headed by longtime anti-density activist Marty Kaplan, in its efforts to stop new rules that would make it easier to build backyard cottages and basement apartments in single-family areas. Bricklin represents homeowner activists working to stop the city’s Mandatory Housing Affordability plan, which would allow townhouses and small apartment buildings in  7 percent of the city’s single-family areas.

To get a sense of how incongruous this work is with Futurewise’s primary mission, consider this: Futurewise is one of the lead organizations behind Seattle For Everyone, the pro-density, pro-MHA, pro-housing group. Bricklin co-wrote an op/ed in the Seattle Times denouncing MHA and calling it a “random” upzone that fails to take the concerns of single-family neighborhoods into account.

Bricklin’s firm also represents the Shorewood Neighborhood Preservation Coalition, a group of homeowners who have protested a plan by Mary’s Place to build housing for homeless families on Ambaum Blvd. in Burien on the grounds that dense housing (as opposed to the existing office buildings) is incompatible with their single-family neighborhood. The Burien City Council approved the upzone, 4-3, after a heated debate this past Monday night at which one council member, Nancy Tosta, suggested that instead of allowing homeless families to live on the site, the city should preserve it as office space, since “part of the way of dealing with homelessness is to have people make more money.”

Bricklin is still on the boards of Climate Solutions, the Washington Environmental Council, and Washington Conservation Voters.

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2. Seattle City Council members reached no resolution this week on a proposal from the mayor’s office to approve the city’s purchase of GrayKey, a technology that enables police to easily (and cheaply) unlock any cell phone and review its contents, including location data, without putting the technology through a privacy assessment under the city’s stringent surveillance ordinance. If the city determines that a technology is a form of surveillance, the city has to prepare a surveillance impact report that “include[s]  an in-depth review of privacy implications, especially relating to equity and community impact,” according to the ordinance. The process includes public meetings, review by a special advisory group, and approval by the council at a meeting open to the public. In contrast, technologies that intrude on privacy but aren’t considered surveillance only require a “privacy impact analysis” that is not subject to formal public process or council approval. Previous examples of technologies the city has deemed to be surveillance include license-plate readers (used to issue traffic tickets) and cameras at emergency scenes.

The city’s IT department, which answers to the mayor, determined that GrayKey is not a “surveillance technology” after the company submitted answers to a list of questions from the city suggesting that the technology would only be used if the Seattle Police Department obtained a warrant to search a person’s phone. In an email appended to that report, Seattle’s chief privacy officer, Ginger Armbruster, wrote, “If phones are acquired either under warrant or with suspect[‘]s knowledge then this is not surveillance by ordinance definition.” In other words, Armbruster is saying that as soon as SPD gets a warrant to break into someone’s phone and scrape their data, the surveillance rules, by definition, no longer apply.

ACLU Technology and Liberty Project Director Shankar Narayan disagrees with this interpretation, noting that the surveillance law doesn’t include any exemption for warrants. “The ordinance is about the entire question of whether it’s an appropriate technology for an agency to have, and encompasses a much broader set of concerns. If the warrant serves the same function as a surveillance ordinance”—that is, if anything the police do after they get a warrant is de facto not surveillance—”then why do we need a surveillance ordinance? The intent of the council was to put scrutiny on technologies that are invasive—as, clearly, a technology that allows police to open your cell phone and download data about the intimate details of your life is.” It’s the technology, in other words—not how the city claims it will be used—that matters.

The city’s initial privacy assessment is brief and unilluminating. GrayKey skipped many of the city’s questions, answered others with perfunctory, one-word answers, and followed up on many of the skipped questions with the same all-purpose sentence: “this solution is used for Police case forensic purposes only. ”

Proponents of GrayKey’s technology (and GrayKey itself) say that the police will limit its use to child sexual abuse cases—the kind of crimes that tend to silence concerns about privacy because of their sheer awfulness. Who could possibly object to breaking into the phones of child molesters? Or terrorists? Or murderers? As council member Bruce Harrell, who said he does not consider GrayKey a surveillance technology, put it Tuesday, “No one has a right to privacy when they are visiting child pornography sites.”

The problem is that in the absence of review under the surveillance ordinance, even if police claim they will only use GrayKey to investigate the worst kinds of crimes, there will be no way of knowing how they are actually using it. (Narayan says police departments frequently claim that they will only use surveillance technology to hunt down child molesters, or terrorists, to create political pressure to approve the technology or risk looking soft on crime.) The council can state its preference that the technology be limited to certain types of especially heinous crimes, but if the phone-cracking technology isn’t subject to the ordinance which allows the city council to place legally binding limits on the use of surveillance tools, the decision facing the city is essentially binary: Approve (and purchase) the technology and hope for the best, or don’t.

This is why privacy advocates consider it so important to look at surveillance technology thoroughly, and to give the public real opportunities to weigh in on granting the city sweeping authority to review people’s movements and access their data.  Harrell said Tuesday that he didn’t want to “jump every time the ACLU says [a technology] raises issues,” and that he was confident that additional review by the executive would resolve any questions the council might have. But, as council member Lisa Herbold pointed out, there’s no requirement that the mayor’s office present the results of any future internal privacy assessment to the council—they can run it through a privacy impact assessment, reach the same conclusions they’ve already reached, and post it on the website with all the others without any additional input from the council or the public. The only way to ensure that concerns are daylighted before the city buys this, or any other, technology that could invade people’s privacy is to determine that GrayKey is surveillance, and put it through the process. At the end of Tuesday’s meeting, the council’s governance, equity, and technology committee had made no decision on whether to subject GrayKey to additional scrutiny or wait to see what the mayor’s office does next. The city currently plans to purchase the phone-cracking technology sometime in the third quarter of next year.

The J is for Judge: The Most Contrarian Power Point in Seattle

Mild-mannered Office of Planning and Community Development senior planner Nick Welch doesn’t look like the kind of guy who would pick a fight. But if I was him, I would advise against bringing his recent PowerPoint presentation into a local bar.

Welch confined his presentation to the safety of city council chambers last week, where he ran his slide show in front of the Select Committee on Citywide Mandatory Housing Affordability. There were no fisticuffs, but the MHA presentation did draw scoffs from the neighborhood protectionists in the audience and a challenge from their council ally on the dais, West Seattle council member Lisa Herbold.

Particularly Slide No. 10, which is possibly the most contrarian slide ever presented in Seattle.

MHA is a holdover HALA housing plan from former Mayor Ed Murray that exchanges upzones for affordable housing; HALA is expected to produce 20,000 new housing units over the next  decade, including about 6,000 new affordable units from MHA (compared to just 205, if the city simply let the market status quo play out without MHA). With Murray long gone, the remaining piece of the plan—a narrow, stair-step upzone along the fringes of 27 single-family zones —is being shepherded through City Hall by council YIMBY Rob Johnson, whose term ends next year, and with strong support from first-year urbanist all-star, council member Teresa Mosqueda.

Slide #10 is a direct response to what Welch and other OPCD staffers have heard over and over in Seattle neighborhoods (where, in fact, Welch has been gathering input in countless MHA community forums over the last few years): New market-rate housing is a threat to overall housing affordability because it’s more expensive than existing options. It’s a seemingly intuitive take on gentrification that defines the local anti-development storyline and unites everyone from Magnolia First NIMBYs to social justice socialists, from dudes at the Wedgwood Broiler to queer working artists at Kremwerk.

The ubiquity of Seattle’s anecdotal anti-development refrain convinced OPCD to see if that narrative was actually true. So the department looked at the germane historical data—market-rate housing production between 2000 and 2015 in all of Seattle’s census tracts, overlaid with the change in low-income households in the same census tracts over the same period. The finding was definitive. The text to Slide #10 spelled it out for council members: “No correlation between market-rate housing growth and loss of low-income households.”

If anything, the trend line shows the exact opposite: Affordable housing stock increased as market rate housing production increased.

A potential criticism of Slide #10? It defined affordable housing as housing that people making less than 50 percent of the Seattle Area Median Income (AMI) can afford. Affordable housing advocates could certainly contend that people making 60, 70, and 80 percent of AMI are part of the working class too, and are losing ground as more market development comes on line to serve tech bros. But, voila: Slide #11.

This slide overlaid the same snapshots of affordable households  and market-rate housing production, this time defining affordable housing as housing affordable to people making up to 80 percent of AMI. The conclusion was the same. No correlation between new production and economic displacement.

The data didn’t lead OPCD to go as far as saying more market rate housing production actually led to the creation of more affordable housing, but they did present another contrarian slide illustrating their research on another bit of conventional wisdom—that the MHA upzones will lead to physical demolition of existing affordable housing at a rate that neutralizes any new affordable housing production from MHA. Again: Nope. Gaming out future physical displacement based on historic trends of production and teardowns, the data shows that teardowns remain roughly consistent whether the city enacts MHA or not. Without MHA, about 520 households would be  physically displaced by demolition, with no mandatory affordable housing to replace them. Under the city’s preferred MHA alternative, about 574 would be displaced—and those demolitions would be dwarfed by an estimated 5,633 new affordable units created under MHA.

One other bit of conventional wisdom that OPCD tried to fact-check is the notion that new development displaces people and businesses that share a common culture, a phenomenon known as cultural displacement. Perhaps even more than economic displacement, cultural displacement is at the emotional core of anger about gentrification. OPCD couldn’t confirm or disprove this observation. The data—the change in housing production overlaid on change in racial population—was all over the map. The population of some groups, including African-Americans, declined in some census tracts where market-rate housing increased and stayed put in tracts where market-rate housing increased.

Of course, one factor that could have mitigated displacement was missing from that historical data: MHA’s mandate that affordable housing be part of new development.

Morning Crank: Bike Board Chair Abruptly Dismissed; Safe Seattle Sues; and More

Photo from 2015 Seattle Bike Master Plan Implementation Plan

1. Last month, about an hour before the Seattle Bicycle Advisory Board’s was scheduled to hold its monthly meeting, board chair Casey Gifford got a call from Evan Philip, the boards and commissions administrator for Mayor Jenny Durkan’s office. Philip told Gifford that he was calling  to let her know that the meeting she was about to chair would be her final meeting—the mayor had decided not to reappoint her for a second term.  Then, Gifford recalls, he asked her if she had any questions.

Gifford, who works as a  planner with King County Metro and serves on the Cascade Bicycle Club board, was in shock. “I said that I was surprised to be receiving that information so close to the meeting and that I would need some time to process it,” she says. A few days later, she recounts, “I called him and left several voice mails” requesting a meeting or a phone call to discuss some questions she had about Durkan’s decision. Philip responded on November 16 with a terse email, explaining that “other Seattle residents had expressed interest in serving on this Commission and in the spirit of expanding civic engagement, we offered the position to another applicant.” In a subsequent email, he elaborated—sort of. “As mentioned earlier, the Mayor is committed to bringing in new voices and appoint those that have a lived experience to our Boards. As you may be aware, reappointment to a Board or Commission is not guaranteed.”

Like every mayor, Durkan is remaking the city’s bureaucracy, including the volunteer boards and commissions, in her own image.  But several advocates told me they’re worried that Durkan is pushing bike advocates affiliated with activist groups like Cascade and Seattle Neighborhood Greenways aside as part of a transportation agenda that prioritizes transit (and driving) over cycling. The mayor’s office denies this, and points out that Durkan appointed Cascade’s executive director, Richard Smith, to serve on the committee advising the mayor’s office on the Seattle Department of Transportation director selection.

Durkan’s new appointee, Selina Urena, is a former fundraiser for BikeWorks who now works for the Transportation Choices Coalition, a group whose former executive director, Shefali Ranganathan, is now deputy mayor. Urena was nominated by Durkan directly, without going through the usual application process, which includes one-on-one interviews with members of a bike board committee established explicitly for that purpose.  In an email responding to my questions about the mayor’s decision not to appoint Gifford, Durkan spokesman Mark Prentice said, of Urena (who uses they/them pronouns), “they are a multimodal transportation user and enjoys exploring the City by bike” and referred me to Urena’s TCC bio.

 “I  don’t think that the board is being set up for success. … There a lot of institutional knowledge that has been lost.” – Casey Gifford, former Seattle Bicycle Advisory Board chair

Gifford says Philip never explained why Durkan did not reappoint her to the board, nor what he meant by “lived experience.” (Gifford is a young woman of color who uses a bike as her primary form of transportation.) She adds that in her experience, it’s unusual for the mayor’s office to take such a direct role in the appointment process, which usually involves an application and interview process with members of the board itself. “I know that the mayor’s office was more involved in the process than they ever have been in the past, and that they they knew who they wanted and pushed those people forward even without the recommendation of the board members who were reviewing apps with a set criteria and a set process,” Gifford said. “It didn’t sound like the mayor’s office was using those criteria, and it wasn’t really clear what criteria they were using.”

Gifford’s departure means that the bike board will be made up almost entirely of newcomers at a time when the fate of the city’s planned bicycle infrastructure is very much up in the air. Just one member, city council appointee Amanda Barnett, is continuing into a second term.  “I  don’t think that the board is being set up for success,” Gifford says. “There are now seven of 12 [board members] that are brand new, and it takes a while to get up to speed on how the board works and how to be effective. … There a lot of institutional knowledge that has been lost.”

Gifford may have another opportunity to serve on the board yet. City Council member Mike O’Brien, who says he considered the way Gifford was informed her term was ending “kind of unprofessional and not worthy of someone [Gifford] who’s doing really good work,” says he’ll nominate her himself if she wants to continue to serve. “It’s important to have new perspectives and new energy, but it’s also important to have some people who have been around,” O’Brien says. Gifford says she has talked to O’Brien about the possibility and that “it is something that I am considering.”

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2 .Safe Seattle, an online group that recently filed paperwork to become a 501(c)4 political nonprofit (via), is suing the city and the Low-Income Housing Institute to force the closure of a LIHI-operated “tiny house village” in South Lake Union, using many of the same arguments that a statewide anti-labor group, the Freedom Foundation, made when it filed a land use petition to to prevent the facility from opening back in June. (That case is still ongoing, although the Freedom Foundation itself is no longer a named plaintiff). The Freedom Foundation’s attorney, Richard Stephens, is representing Safe Seattle in the new lawsuit, which—like the earlier complaint—charges that LIHI does not have the correct permits to operate its encampment. Unlike the earlier, dismissed complaint, which claimed that LIHI’s encampment violated the city’s self-imposed limit of three transitional encampments at at time, this complaint claims that LIHI lacks both residential permits (on the grounds that the tiny houses are residences) and  a required encampment operations plan. The complaint also claims that the encampment constitutes an “assisted living facility” (on the grounds that LIHI provides housing and services to vulnerable people) for which it lacks a permit.

The amount of scrutiny that has landed on this one encampment—as well as the Freedom Foundation’s motivation for focusing on a single encampment in South Lake Union—is hard to explain. In addition to the lawsuits by the Freedom Foundation, Safe Seattle, and the individual plaintiffs (all represented by Stephens), a group called Unified Seattle has spent thousands of dollars on Facebook ads opposing tiny-house encampments, with an emphasis on the South Lake Union encampment.

3. A recent email from Queen Anne neighborhood activist Marty Kaplan, who has spent years locked in a legal battle to keep backyard and basement apartments out of single-family areas, included a telling line. After lavishing praise on the Seattle Times and its anti-density columnist Danny Westneat for joining him in the fight against missing-middle housing, Kaplan concluded: “Our ultimate goal: to negotiate a fair compromise that better meets the needs of all of Seattle’s homeowners.” Left out of Kaplan’s (and the Times’) equation? The majority of Seattle’s population, who rent their homes and are probably less concerned with “meeting the needs of all of Seattle’s homeowners” than they are with being able to stay in a city where laws designed to boost homeowners’ property values are making the city unaffordable for everyone else.

Morning Crank: Ruling Bolsters Housing Plan, Chides City for Failing to Do “Granular” Analysis Neighborhood Activists Demanded

1. Urbanists celebrated a ruling yesterday that could allow a long-delayed plan to increase density and fund affordable housing to move forward. The ruling by city hearing examiner Ryan Vancil, which mostly affirms that an environmental impact statement on the plan was adequate, came in response to a challenge by a group of homeowners, the Seattle Coalition for Affordability, Livability and Equity (SCALE), who have long opposed the plan. The plan, known as Mandatory Housing Affordability, would allow modest density increases in urban villages and urban centers, and would rezone six percent of the land current zoned exclusively for single-family houses—currently, two-thirds of the city’s land—to allow townhouses and small apartments. Developers who build under the new rules will have to include affordable housing in their buildings or pay into an affordable housing fund.

“This ruling is a step forward for more affordable housing in Seattle,” Durkan said in a statement. Meanwhile, Seattle for Everyone, the group that formed in 2015 to support then-mayor Ed Murray’s Housing Affordability and Livability Agenda, planned a celebration party and issued a statement, titled “Yay for MHA!” celebrating the ruling as “a win for affordable housing.”

We’ll see. Toby Thaler, the leader of the group that challenged the  Seattle Coalition for Affordability, Livability and Equity (SCALE), told the Seattle Times that he plans to keep fighting against the MHA legislation, although it was unclear in what venue (the courthouse or city council chambers) he intends to do so. (Thaler did not immediately return an email last night, but I will update this post if I hear back from him.) Meanwhile, the city will have to do more analysis of how allowing more density will impact designated city landmarks;  according to the ruling, the city failed to consider impacts on historic properties other than those on the National Register of Historic Places, which Vancil called inadequate.

“The more ‘granular’ level of analysis called for and debated at the hearing may have averted at least some of the deeply felt community concern expressed in nearly four weeks of hearing and in a hearing process that has taken the better part of a year.” — Seattle Hearing Examiner Ryan Vancil

Vancil’s ruling also chides the city for failing to include detailed, “granular” analysis of the impact the zoning changes would have on individual neighborhoods in the environmental impact statement, and suggested that including this kind of analysis could have forestalled the whole drawn-out appeal. “[I]t is certainly the case, at least in part, that the choice not to tell a more detailed story of the City’s neighborhoods contributed to why the City faced a very protracted appeal and hearing process from representatives in many of its neighborhoods,” Vancil writes. “While the level of analysis for most of the FEIS satisfies the rule of reason and requirements under SEPA, the more ‘granular’ level of analysis called for and debated at the hearing may have averted at least some of the deeply felt community concern expressed in nearly four weeks of hearing and in a hearing process that has taken the better part of a year.”

Whether you believe that a detailed neighborhood-by-neighborhood breakdown of the upzone’s impact would have made neighborhood opposition evaporate (dubious, given that challenging the EIS for a project is one of the most common obstructionist tactics in the Seattle neighborhood activist playbook), what’s undeniable is that while the upzones have been tied up in appeals, tens of millions of dollars’ worth of affordable housing—and hundreds of units of market-rate housing needed for the thousands of people moving to Seattle every year—remained unbuilt.

“Unfortunately …  this appeal has cost Seattle at least $87 million worth of affordable housing that we could have brought in during the year since the appeal was filed,” council member Rob Johnson, who has led the charge for MHA as head of the council’s land use committee, said in a statement. (Johnson asked for this analysis last month). “Had we been able to adopt MHA across the city without this delay, more neighborhoods would be receiving the investment in affordable housing they need, and more families in our city would have an affordable place to call home.”

2. On Tuesday, Queen Anne Community Council leader Marty Kaplan sent out a bombastic email blast (subject line: “Single-Family Rezone: Negotiation Rejected!”) announcing his intention to “proceed full-speed ahead in preparing and proving our case” against the city, in the ongoing battle over new rules that would make it easier for homeowners to build basement and backyard units on their property.

The “negotiation” Kaplan’s email refers to is apparently a meeting he had on Monday with council member Mike O’Brien, who led the charge to liberalize Seattle rules governing backyard and mother-in-law units, about a final environmental impact statement (FEIS) concluding that the proposal would not have a detrimental environmental impact on the city. was sufficient to allow the long-delayed rules to move forward. The new rules, which would allow homeowners to add up to one unit inside an existing house and one detached unit in the backyard, subject to existing height and lot coverage limits, would produce about 2,500 additional units of housing citywide.

“Unfortunately, I must inform you that CM O’Brien has closed the door to negotiating.,” Kaplan wrote. “He relat[ed] to me unequivocally that the EIS spoke to all his issues leaving no room to consider any compromise.  He remains firmly entrenched in every line-item of his legislation to eliminate every Seattle single-family neighborhood without considering any important neighborhood, property, infrastructure or economic differentiations.  One-size-fits-all!” 

“In addition,” Kaplan’s email continues, “he shared his confidence that every councilmember firmly supports him and his legislation.  He left no door open and even told me directly that there was no reason for us to withdraw our appeal – nothing would change!”

On Wednesday, O’Brien put up a blog post responding to Kaplan’s email. (The post appears to have since been taken down.) In the post, O’Brien wrote that during their conversation over the weekend, “I explained to Marty that while the legislation I plan to introduce was likely to reflect the Preferred Alternative in the EIS, I am open to changes to that legislation as we work through the legislative process.  Furthermore, even if I disagree with certain changes to the legislation, a majority of the Council, not me alone, make the decisions about what changes are acceptable.  …If Marty was asking me to cut a special, secret deal with him so that he would drop the lawsuit, I made it clear to him that I am completely opposed to that type of back room dealing.  … Despite what Marty claims in his email blasts, I explained the many doors that remain open throughout the upcoming process to influence the outcome of the legislation.”

The email concludes with “a quick note on the tenor of city politics that Marty is playing on in all of his communications,” which, O’Brien says, represented “our friendly conversation as a divisive fight.  Instead of communicating where we have common ground and where we differ, explaining the opportunities to influence the process and sharing my willingness to remain open to alternative approaches during the legislative process, Marty choose instead to double down on a mean-spirited and polarizing approach, representing the worst of our current tone in politics.  As a community, we must decide if we are going to let divisiveness prevail and be the new way we govern, or re-embrace what I have known my entire life in Seattle: a collaborative approach to policy making.” 

Kaplan responded more warmly to comments Mayor Jenny Durkan made about the proposal over the weekend, at a community meeting on Queen Anne. According to the  Queen Anne News, when a constituent asked what should happen with the appeal, Durkan said “she’d like to get all parties in a room to hash out a compromise” rather than moving forward with the “litigation” process. (Kaplan’s challenge is currently before the hearing examiner, but litigation is an option if the hearing examiner rejects his argument that the FEIS is inadequate). Durkan, according to the Queen Anne News, expressed concern at the meeting that loosening the rules too much could “fuel a more expensive Seattle by letting people speculate on that land.” That argument—that “developers” will snap up single-family houses and turn the land into triplexes—is belied not only by the FEIS, which concludes, again, that the changes would result in just 2,500 new units citywide, but by the economic logic of development. To wit: If you’re a developer (or, as Kaplan and the mayor suggest, a “speculator”), are you going to build a house with a basement apartment and a small backyard cottage in a single-family zone? Or a 20-unit apartment complex in a multifamily area?

Kaplan did not attend the meeting with Durkan, but says that from conversations with another community council member who was there, “the take-away was that she [opposes] what I have called a one-size-fits-all rezoning of single-family throughout the city.”

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Morning Crank: “Preparations are Underway for a Litigation Budget” on Fort Lawton

1. Elizabeth Campbell, the Magnolia neighborhood activist whose land-use appeals have helped stall the development of affordable housing at Fort Lawton for so long that the city now has to pay to secure the former Army base out of its own budget, says she isn’t giving up yet on her effort to stop the plan to build 415 units of affordable housing, including 85 apartments for formerly homeless families, in its tracks.

Campbell filed a complaint alleging that the city’s Final Environmental Impact Statement for the affordable-housing plan failed to adequately consider all the potential environmental impacts of the project; that  seeking and receiving several postponements, Campbell failed to show up at recent hearings on her appeal of the Final Environmental Impact Statement (FEIS) for the development, prompting city hearing examiner Ryan Vancil to say that he would be justified in dismissing the case outright but would give Campbell one last opportunity to hire a lawyer and make her case on strictly legal grounds. Vancil’s order stipulated that Campbell could not introduce any new evidence or call any witnesses.

Late on Friday afternoon, Campbell’s new lawyer, a fairly recent law-school graduate named Nathan Arnold, filed a new brief asking Vancil to re-open discovery in the case, which would allow her to interview and cross-examine witnesses from the city. (Campbell and the Discovery Park Community Alliance were represented until at least this past January by an attorney at Foster Pepper, to whom the group paid about $15,000 for their services, according to Campbell.) The city has until next Friday, November 9, to respond, and Campbell has until the following Wednesday, November 14, to respond in turn.

Meanwhile, Campbell is preparing to sue the city. In a message to the DCPA email list, she writes: “It is not known how soon after November 2nd the examiner will issue his decision. However, when it is issued and if it affirms the adequacy of the City’s FEIS then DPCA will need to promptly shift gears and prepare for a judicial appeal and review of the FEIS. In fact, given the probability that this will be the outcome preparations are already underway to establish a litigation budget and to start exploring the grounds, the causes of action, for a lawsuit in either King County Superior Court or in U.S. District Court.”

Campbell’s email also mentions an alternative “workaround plan” that she says would turn Fort Lawton into part of Discovery Park—without housing—”while deploying a network of currently-owned properties that meet and exceed housing objectives crafted for Fort Lawton land.” The email also says that the DCPA has already met with interim Parks directory Christopher Williams and deputy mayor David Moseley to discuss this alternative.

2. Rebecca Lovell, the tech-savvy former head of the city’s Startup Seattle program, stepped down as acting director of the city’s Office of Economic Development this week after nearly a year in limbo under Mayor Jenny Durkan. Lovell, who was appointed acting director by former mayor Ed Murray, is joining Create33, an offshoot of Madrona Ventures, which Geekwire describes as “a unique hybrid of co-working space and a community nexus.” OED’s new interim director is Karl Stickel, a city veteran who most recently was OED’s director of entrepreneurship and industry.

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In addition to OED, the city’s departments of  Transportation, Civil Rights, Human Services, Parks, Human Resources, and Information Technology are all headed by acting or interim directors.

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3. City council member Kshama Sawant, who used the city council’s shared printer to print thousands of anti-Amazon posters during the head tax debate, spent as much as $1,700 in city funds on Facebook ads promoting rallies and forums for her proposed “people’s budget” (and denouncing her council colleagues) between the end of September and the beginning of this month.

The ads, which include the mandatory disclaimer “Paid for by  Seattle City Councilmember Kshama Sawant’s Office,” denounce Mayor Jenny Durkan, Sawant’s colleagues on the council, and the “Democratic Party establishment.”

“Seattle is facing an unprecedented affordable housing crisis,” the Sawant-sponsored ads say. “And yet, Mayor Durkan and the majority of the Council shamefully repealed the Amazon Tax that our movement fought so hard for, which would have modestly taxed the largest 3% of the city’s corporations to fund affordable housing.”

Because Facebook only releases limited information about its political ads, the cost of each ad is listed as a range. Of the five ads Sawant’s office has funded since September 28, two cost less than $100 and three cost between $100 and $499.

Seattle Ethics and Elections Commission director Wayne Barnett  says that “since these are about the budget process, she can use city funds to pay for them without violating the ethics code. There’s no electioneering here that would trigger the need to pay for these with non-public funds.” I have contacted Sawant’s office for comment and will update this post if I hear back.

 

Getting Smarter About Public Land: Lessons from Across the Northwest

The full version of this story is available at Sightline.

As cities across Cascadia look to technological solutions, such as modular construction, to help address the region-wide shortage of affordable housing, one of the biggest factors currently driving up costs is also one of the most resistant to intervention: Land prices, which can add tens of thousands of dollars to the cost of producing a single subsidized apartment.

Cities don’t have a lot of tools for lowering land costs, but they do own a lot of land—Seattle, for example, is sitting on more than 180 excess or underutilized parcels, many of which are well-suited for homebuilding.

To maximize taxpayer value, most cities usually auction off their excess land to the highest bidder, just like any private landowner would do. But in cities with hot real estate markets, affordable housing developers typically don’t have the financial resources to compete for land with market-rate developers. So publicly-owned land ends up in private hands, forever forfeiting its potential to help overcome one of the biggest barriers to the construction of subsidized homes: acquisition of land to build on. The backers of Seattle’s Rainier Valley Food Innovation Hub, for example, have been repeatedly outbid by private developers.

But what if local governments viewed surplus land not as a revenue generator but an opportunity to reduce displacement and stabilize communities? Several Northwest cities have begun asking that very question. The result is a growing string of affordable housing projects stretching through Cascadia—from the largest one-time investment in housing on city-owned land in Canada’s history, to an affordable housing and preschool development on the site of a former fire station in Seattle.

How much publicly owned land is there?

Enterprise Community Partners’ interactive mapping tool shows publicly owned properties.

Until recently, if you wanted to know what public land was available in the Seattle area, there was no central database—no way to easily find out, say, if a certain fenced-off plot of land that looked ripe for development was owned by the city or Sound Transit or King County, whether it had the right zoning, and whether it was up for sale. In 2015, newly elected King County Assessor John Arthur Wilson decided to do something about that; he directed his office to create a map of every piece of publicly owned land inside county limits.

The nonprofit Enterprise Community Partners expanded on Wilson’s effort, recently launching the beta version of an interactive tool that allows any interested party to use filters to narrow down a list of about 10,000 developable public properties according to specific characteristics, such as zoning, square footage, and eligibility for tax credits.

“In high-cost cities, it’s really becoming impossible for nonprofits to develop on privately owned land,” James Madden, the Seattle-based senior program director for Enterprise, says.  “The average land price, as a percentage of the total cost of development in Seattle, is about 10 to 15 percent, and if land continues to get more expensive, [nonprofits] will be priced out completely. Once you’re paying more than $30,000 a door [for land], it gets very hard for a public agency to justify spending beyond that level on acquisition.” Market-rate developers can charge higher rents to compensate for high land costs—an option not available to affordable housing providers.

Changing the rules that have prevented public land from supporting affordable housing

Wilson, the assessor, says the mapping tools might have been merely informational—a database of public land for sale at prices out of reach for most nonprofit housing builders—if the state hadn’t taken the next step, by giving local governments the authority to sell their land below market value or give it away for free. “We raised this issue with [state House speaker Frank Chopp] last year,” Wilson says. “After we pulled together the list of publicly owned land, we said, ‘Here’s the problem: A lot of this land is owned by agencies that have to sell it for fair market value,” putting even public land out of reach for many nonprofit agencies. In response, Chopp supported, and the legislature passed, a bill allowing state and local agencies to transfer land to affordable housing developers at little or no cost.

Local leaders quickly took notice. Seattle city council freshman Teresa Mosqueda, who campaigned on the need to build more dense, affordable housing, proposed and passed two pieces of legislation this year designed to encourage the city to give away its surplus property for free. The first, which passed in July, made it possible for Seattle’s electric utility, Seattle City Light, to dispose of its excess land at little or no cost—a major departure from its previous policy, which required the utility to sell property at fair market value.

The second, which the council passed unanimously earlier this month, requires the city to consider whether surplus land can be used for affordable housing and, if so, to make it available for that purpose. The legislation also allows the city to hold onto land while a nonprofit housing partner secures financing; directs the city’s Office of Housing to partner with “culturally relevant and historically rooted” nonprofits in areas where residents are at high risk of economic displacement; and mandates that 80 percent of the funds from any outright sale of city property go into one of the city’s affordable housing funds.

Read the whole piece at Sightline.

Morning Crank: A Dramatic Turnaround

1. All Seattle Public Library restrooms will soon be equipped with containers for needle disposal, following a six-month pilot program at the library system’s Ballard, Capitol Hill, University, and downtown branches. The library initiated that pilot after an employee at the Ballard branch was stuck with a needle while removing the trash from the women’s restroom, as I exclusively reported in March.

The decision marks a dramatic turnaround in library policy from just seven months ago, when library spokeswoman Andra Addison said that the library had no plans to install sharps containers for drug users (and diabetics) to dispose of used needles, because “We don’t allow illegal drug use in the library.”  The King County Public Library system preceded the Seattle library in installing sharps containers at branches in Burien, Renton, and Bellevue—branches where library staffers kept finding used needles on the floor, in toilets, and in trash bins.

Addison says it will cost about $2,000 to install the containers—the same ones used in the King County system—in all 60 library restrooms., and about $7,000 to empty and maintain them.  “The Library has ordered the additional sharps containers and we hope to have them installed over the course of November,” Addison says.

According to data provided by the library, the sharps containers at the downtown, Capitol Hill, Ballard, and University branches continue to be the most heavily used. Between the week of April 20 and the week of October 12, 912 sharps were discarded at the Central branch library, 348 on Capitol Hill, 234 in Ballard, and 194 in the University District.

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2. The city of Seattle won on two counts in the lawsuit filed by the owners of the Showbox on Friday, when King County Superior Court judge Mary E. Roberts ruled that legislation expanding the Pike Place Market Historic District to include the music venue did not constitute an illegal land use decision or a taking of private property. However, Roberts did agree to hear claims on two other, arguably more substantive, questions: Did the “Save the Showbox” legislation violate the state appearance of fairness doctrine, which requires officials to keep an open mind on so-called quasi-judicial land use decisions (like zoning changes for a specific property)? And did the city violate the property owners’ constitutional rights by dictating the use of the building as a music venue?

The owner of the building in which the Showbox is located, Roger Forbes, sued the city last month after the city council passed, and Mayor Jenny Durkan signed, “emergency” legislation making the two-story building part of the Pike Place Market Historical District. (The Showbox itself—that is, the venue that rents the building—is owned by the international behemoth Anschutz Entertainment Group).  The law, known as the “Save the Showbox” bill, prevented Forbes from selling the property to a developer, Onni, that had planned to build a 44-story apartment tower on the block. (The city had in fact just upzoned the block, along with the rest of First Avenue, specifically to encourage this type of development).

If the city violated the use of fairness doctrine, it will mean that all the public hearings and rallies and open discussions about the importance of  “Saving the Showbox” as a music venue—of which there have been many—were illegal, because the council should have remained neutral and refrained from holding public hearings. (Not only did the council hold public hearings, its members made signs, staged concerts, and even drafted public comments for private citizens in favor or the proposal.) If the court finds that the city violated Forbes’ rights by dictating the use of the Showbox property it will mean that the legislation thwarting Forbes’ plan to sell and develop the property was unconstitutional, and could open the city up to monetary claims.

The city is arguing that the “Save the Showbox” legislation—whose first section calls the Showbox “a significant cultural resource to Seattle and the region” whose loss “would erode the historical and cultural value of the Pike Place Market neighborhood”—in no way prevents Forbes or any future owner from shutting the Showbox down and using the property for another purpose. Forbes, pointing to the plain text of the legislation and the fact that the law gives the Pike Place Market Historical Commission the right to dictate every aspect of how the building is used, from the tenants down to the font, size, and materials used in its signage, says that’s absurd.

Forbes’ attorney noted that the city has only responded to one of the attorney’s ten public disclosure requests, making it difficult, he argued, to know “all the violations of the appearance of fairness doctrine.” For example, he said, “we just learned by happenstance that the cc staffers were writing public comments”—because of information that I obtained through my own disclosure request and reported on this site.

In dismissing the Showbox owners’ takings and land use claims, Roberts said that neither claim was ripe for consideration—in the case of the land use claim, because the owner of the property and the developer, Onni, had not filed a permit to develop the property by the time the legislation passed, and in the case of the takings claim, because the city has not issued any final decision about what kind of development is allowed on the property.

Roberts also rescheduled the remaining counts for early next fall.

The J is for Judge: Lesser Seattle Has Gaslighted the Pro-Housing Movement

Image via City of Seattle.

Well, that was like passing a kidney stone. After single-family zone stalwarts spent two years stalling the city’s efforts to allow more mother-in-law and backyard apartments, the city has finally returned with a new proposal to loosen restrictions governing  attached and detached accessory dwelling units.  Three cheers for that.

However, I will say: Unless the proposal—the preferred alternative from the city’s new Final Environmental Impact Statement for accessory dwelling units—is part of a broader series of citywide land use changes that include more actual apartments  in Seattle’s single-family zones, urbanists should not hail this new plan as a pro-city victory. To do so would just confirm how badly housing activists have been gaslit by Lesser Seattle and the convoluted story line that equates building more housing with some sort of George Soros plot.

I’m obviously not as sanguine as Sightline urbanist Dan Bertolet about the city’s latest plan to loosen restrictions on  secondary units in single-family areas. But nor am I as disappointed as the Urbanist, which thinks the changes should do even more to catalyze ADU and DADU development.

Mostly, as someone who has been reporting on this city’s push to increase density for decades now  (and who covered the Queen Anne Community Council’s original challenge to the new rules back in 2016), my reaction is mostly just: “Meh. About time, Seattle.” (Crosscut has an eye-opening timeline on the stalled push for more ADUs and DADUs in Seattle.)

The proposal certainly does some good.  And ironically (as I predicted at the time), the plan is the outcome of an Environmental Impact Statement the city was forced to do after the Lesser Seattleites from Queen Anne won their case to stall these long-overdue land use reforms.  The city’s new proposal increases ADU/DADU development capacity from current standards in place since 2010 by allowing taller and larger detached accessory dwelling units, also known as backyard cottages,  while simultaneously allowing development on smaller lots. The new preferred alternative allows two attached units, providing more flexibility for homeowners who want to build two extra units but may not have the space for a separate backyard apartment. It gets rid of the (pathological) off-street parking requirements for secondary units. It eliminates the requirement for the owner to live on-site if a house has an ADU. It gives one to two additional feet of height for DADUs that have a green design. And—oh no, watch out for laundry on the clotheslines!—it increases the number of unrelated people who can live on one lot from eight to 12.

Merely green-lighting more ADUs and DADUs and declaring victory in the fight to build housing in Seattle’s exclusive single-family neighborhoods is like proposing a congestion pricing scheme that only charges Uber and Lyft and ignores the 25 percent of downtown commuters who drive to work alone.

Perhaps the best change (Sightline’s Bertolet calls it “radical!”)— and one that blows QACC’s cover story that they were trying to prevent small existing houses from being torn down and replaced by huge single-family monstrosities— is that the new preferred alternative shuts down the potential for any McMansion craze. As Erica noted: The proposed new rules limit new houses to just 2,500 square feet or a 50 percent floor-area ratio (FAR), whichever is larger. FAR is the ratio of the square footage of a building to the lot that it’s on.

These are all welcome changes; the original 2009 law that allowed ADUs and DADUs in the first place (itself overdue) underperformed thanks to the rigid guidelines the new proposal unwinds—only 221 were built on the city’s 75,000 eligible single-family lots, or just 37 a year, between 2010 and 2016. Council Member Mike O’Brien’s initial reform proposal (the one the QACC dragged to the hearing examiner in 2016)  was expected to produce about 4,000  accessory units in the next 20 years—about five times the current underwhelming rate.

Burn on the QACC: The new-and-improved proposal doubles that, to an estimated 4,430 new units in the next 10 years.

Still, the proposal doesn’t solve the underlying problem: Seattle’s ongoing housing shortage, which is exacerbated by the fact that 65 percent of the city’s developable land is exclusively reserved for single family zones. Merely green-lighting more ADUs and DADUs and declaring victory in the fight to build housing in Seattle’s exclusive single-family neighborhoods is like proposing a congestion pricing scheme that only charges Uber and Lyft and ignores the 25 percent of downtown commuters who drive to work alone.

In the absence of more meaningful changes to the city’s exclusionary zoning laws, simply allowing more ADUs and DADUs is not a win—it’s a capitulation to anti-density activists who have moved the goalposts by keeping most of the city off-limits to any development, making even incremental victories like this one seem more significant than they are. Building 4,000 units over the next ten years falls far short, for example, of the 14,000 affordable units Seattle needs to simply address the existing homelessness crisis.

The ADU/DADU proposal must be coupled with other land use reforms that dismantle the wall around single family zones. The city’s actually “radical” 2015 proposal to allow multi-family development in single-family areas (which it  dropped after the Seattle Times stoked a privileged neighborhood tantrum of Lindsey Graham proportions)  has since been whittled down to allowing some multifamily housing in just six percent of the areas that are currently zoned single-family—and only along the edges. Hopefully the city will eventually enact this mild reform as well. (Another Lesser Seattle neighborhood group is now challenging this scaled-back proposal in front of the hearing examiner, naturally).

Until the city allows more housing of all types in walled-off single-family zones, slightly more permissive rules for secondary units will represent a limit, rather than a license to increase housing stock.