Morning Crank: Eliminating “Single-Family” Zoning Altogether

1. It’s been three years (and three mayors) since the city first adopted a plan to implement the affordable housing plan known as Mandatory Housing Affordability, which requires developers to fund affordable housing in exchange for greater density in some parts of the city. Although some aspects of the plan are now in place, the most controversial element—expanding the city’s urban villages and centers to incorporate 6 percent of the city’s vast swaths of single-family land—was locked up in appeals until late last month, when city hearing examiner Ryan Vancil ruled that the city had adequately addressed almost all of the potential environmental impacts of the proposal.

The fundamental debate about whether to upzone any of the city’s single-family neighborhoods, however, continues. On Monday, at a council committee meeting about next steps, city council members Lisa Herbold and Rob Johnson (with assists from Sally Bagshaw and Teresa Mosqueda) played out a miniature version of that debate, with Herbold taking up the banner for activists who claim that allowing more types of housing will lead to massive displacement of low-income people living in single-family houses. “My concern is that we are grossly underestimating the number of affordable units that are being lost to development” by using eligibility for tenant relocation assistance as a proxy for displacement, Herbold said. (Tenant relocation assistance is available to people who make less than 50 percent of the Seattle median income. A subsequent analysis, based on American Community Survey data, included people making up to 80 percent of median income, although as Herbold pointed out, this still may not capture people who share houses with roommates, and thus have a collective household income well above 80 percent of median). Johnson countered that while the council has dithered on passing the MHA legislation, hundreds of new apartments have been built with no affordable housing requirement at all. “Would it be fair to say that the ‘no-action alternative’ results in a whole lot of displacement?” he asked Nick Welch, a senior planner with the Office of Housing and Community Development. “Yes,” Welch replied.

Herbold also suggested that the council should adopt separate resolutions dealing with each of the city’s seven “unique” districts that would include “individual urban village commitments” in those districts. Johnson said that was certainly something the council could discuss in the future, but noted that the city has already spent years learning about the issues various neighborhood groups have with the upzone proposal. “I think we have a pretty good sense of what community issues and concerns are out there,” Johnson said. “We want to outline a process that would allow us to address some of those issues.” Herbold also said she was considering amendments that would require developers to replace every unit for which a tenant received relocation assistance on a one-for-one basis, and suggested requiring developers building in areas with high displacement risk to build affordable units on site, rather than paying into the city’s affordable housing fund.

Under the city’s current timeline, the council would vote to approve the legislation, with amendments in late March of next year.

2. As the council debated the merits of modest density increases, the city’s Planning Commission suggested a far more significant rewrite of the city’s housing laws—one that would include doing away with city’s “single-family” zoning designation entirely. In the , “Neighborhoods for All: Expanding Housing Opportunity in Seattle’s Single-Family Zones,” the advisory commission recommends reducing displacement and increasing economic and racial diversity in Seattle’s increasingly white single-family areas with “a return to the mix of housing and development patterns found in many of Seattle’s older and most walkable neighborhoods.” In other words: Backyard cottages and basement apartments aren’t enough; the city needs to allow small-scale apartment buildings, duplexes and triplexes, and other types of housing in those areas as well. Crucially, the report notes that these changes wouldn’t represent a radical shift or a departure from single-family zones’ vaunted “neighborhood character”; in fact, both minimum lot-size requirements and “Seattle’s current single-family zoning code came into being in the 1950’s.”

At a time when arguments about development often center on the need to protect the “historic character” of Seattle’s neighborhoods, minimum lot sizes and laws restricting housing to one house per lot, this bears repeating. “Small lot houses, duplexes, triplexes, and small apartments built prior to 1957 remain in single-family zones, but building them is illegal today.” Rules restricting development in single-family areas effectively concentrate all growth into narrow bands of land along busy arterials known as urban centers and urban villages; since 2006, according to the report, “over 80% of Seattle’s growth has occurred in urban villages and centers that make up less than a quarter of Seattle’s land. Urban villages have seen significant change and new construction, while most areas of the city have seen little physical change. Overall, multifamily housing is only allowed in 12 percent of the city’s residential land—a constriction of opportunity that perpetuates the historical impacts of redlining, racial covenants, and other discriminatory housing policies by “excluding all but those who have the economic resources to buy homes,” the report says.And Seattle’s restrictive policies don’t even work to preserve “neighborhood character,” the report points out. Instead, they encourage homeowners and builders to tear down existing houses and build McMansions in their place. “Even under current zoning, the physical character of neighborhoods is changing as existing houses are replaced with larger, more expensive ones, as allowed by today’s land use code,” the report notes. “The average size of newly constructed detached houses in 2016 was 3,487 square feet, more than 1,000 square feet larger than the average for the first two-thirds of the last century.”

The planning commission offers a number of suggested policy changes, including:

• Expanding urban village boundaries to include all areas within a 15-minute walk of frequent transit lines. Currently, the report points out, many urban villages are extremely narrow—the Greenwood/Phinney urban village, pictured below, is an extreme but not unique example—dramatically limiting housing choices for people who can’t afford to buy single-family homes. At the same time, the report recommends getting rid of frequent transit service as a requirement to expand urban villages, pointing out that this becomes a chicken-and-egg problem, where lack of transit justifies keeping density low, and low density justifies a lack of investment in transit.

• Renaming “single-family” zoning as “neighborhood residential,” with various levels of density (from backyard cottages to small apartment buildings) to reflect lot size and neighborhood amenities. Areas near parks and schools, which the report identifies as amenities that tend to be most accessible to people in single-family areas, would get more density so that more people would have access to those resources.

• Eliminating or reducing parking requirements—not just in urban villages, but everywhere. Single-family-housing activists have long argued that if the city allows more housing without requiring new parking, they will have no place to park their cars. Though the planning commission report doesn’t explicitly mention a recent study that found that Seattle already has more than five parking spaces per household, they do point out that prioritizing cars over people conflicts with the city’s stated climate goals. “Requiring parking on site takes away space that could be used for additional housing or open space,” the report says. Under their proposal, “While driveways and garages could still be allowed, people would not be required to provide space for cars over housing or space for trees–especially if they choose not to own a car.”

3. The J Is for Judge himself stepped up to the mic at city hall yesterday to explain why he wants to see more of every kind of housing in every neighborhood. At yesterday’s MHA briefing, after the authors of this piece (one of whom lives in Bellevue) claimed that the council was withholding information about displacement from the public,  Josh Feit got up to speak. Here, in slightly abridged form, is what he had to say.

My name is Josh Feit, and I am not originally from Seattle.

I did not grow up here.

I’m am not a 7th-generation Seattleite.

I was not born and raised in Ballard.

I did not go to Roosevelt High School.

I am not a lifelong member of my community.

To those of us who choose to move here, Seattle stands out as an exciting 21st Century landmark that’s taking up a brave experiment in progressive city building.

I’m excited to live here.

I have a public sector job.

I am a renter.

Please stop letting some residents of Seattle’s Single Family zones play Seattle First politics by mythologizing neighborhood “character” and stigmatizing renters.

That kind of dog whistling has no place in Seattle.

Please stop letting quarter-century-old neighborhood plans that were developed without a Race and Social Justice analysis be the blueprint for Seattle’s future. (Thank you, Council Member Mosqueda, for challenging the anti-growth narrative by taking a closer look at that vaunted 1994 plan.)

As you know, the Mandatory Housing Affordability legislation and upzones in front of you today did go through a displacement analysis by income and race.

Thank you for passing the six MHA Urban Center and Urban Village rezones last year.

But to make MHA work, to address the housing affordability crisis, all of Seattle needs to be neighborly.

Please pass this small but significant first step in taking down the walls that keep too many of Seattle’s residential neighborhoods–off limits for too many residents.

I am not proud that I’m from here. I’m proud that I moved here. I hope I can continue to feel that way.

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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.

 

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.

Morning Crank: Fort Lawton Drags On, Spady Drags His Feet, and Enhanced Shelter Shortage Drags Out Homelessness

1. The wait for affordable housing at the Fort Lawton military base in Magnolia—on which, as I noted last week, the city is now spending hundreds of thousands of dollars for security —will continue to drag on at least until the end of this year, after a city hearing examiner agreed to delay a hearing in an appeal challenging the environmental impact statement on the project until the end of October so that the complainant, Magnolia activist Elizabeth Campbell, can secure a lawyer. The appeal process has already been delayed once, until the end of September, to accommodate Campbell’s lengthy vacation to Europe. Campbell said that she was requesting this second delay because of health concerns that have prevented her from participating in the appeal process.

The motion granting Campbell’s request for a delay, which also denied the city of Seattle’s request to dismiss the six-month-old case, includes a salty dismissal of Campbell’s claim that the hearing examiner, Ryan Vancil, should not be allowed to hear the appeal because he once served on the board of Futurewise, a conservation group with no stake in the Fort Lawton debate, and because he has represented the Seattle Displacement Coalition, which works to prevent the demolition of existing affordable housing, in the past.

The city’s rules, Vancil noted, require anyone who files an appeal before the hearing examiner to file any motions to disqualify a particular hearing examiner quite early in the process, typically at least 7 days before the first hearing. That hearing was in May.  “As explained at the prehearing conference [on May 15] the Hearing Examiner has not been a board member or officer of Futurewise for two years, and is not currently a member as alleged by Ms. Campbell. Ms. Campbell identified no specific interest in this appeal by either Futurewise, or the Seattle Displacement Coalition. … Ms. Campbell was clearly aware of these facts [and] raised [them] in the context of a response to the Hearing Examiner’s disfavorable order as a form of retaliation.” In other words, Campbell only decided Vancil’s past association with Futurewise was a problem after he ruled against her on an unrelated issue—specifically, the fact that Campbell hadn’t filed her list of witnesses and exhibits by a mid-September deadline.

(Side note: Vancil may not be on the Futurewise board anymore, but the group’s current board includes two attorneys, Jeff Eustis and Dave Bricklin, who have both fought against proposals to allow more density and housing, including Mandatory Housing Affordability, which allows developers to build more densely in exchange for funding affordable housing; a proposed 12-story building in Pioneer Square that would have replaced a “historic” parking garage; a proposed three-story apartment building in Phinney Ridge, which nearby homeowners opposed because they didn’t want to lose parking in front of their houses; and a proposal to make it easier for homeowners to build secondary units on their property. Given that track record among Futurewise board members, serving on the group’s board could be seen as an indication that Vancil is sympathetic to housing opponents like Campbell. The Displacement Coalition, meanwhile, often fights against density and development on the grounds that it displaces people and drives up the cost of housing.)

Campbell claimed that she was unable to file a list of witnesses because of her poor health. But Vancil was skeptical about that claim, noting that Campbell had managed to  five no fewer than separate, lengthy motions over a period of about two weeks in September, Vancil said, which “demonstrate[s] Appellants’ capacity to draft documents and work on this case, and/or the ability to have communicated at an earlier date that Appellants did not have the capacity to identify exhibits and witnesses within the time required.”

The next hearing on the Fort Lawton appeal will be at 9:30am on October 29.

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2. A city audit of the Navigation Team—a team  of police officers and outreach workers that removes encampments and offers services to people living unsheltered in Seattle—concluded that the city has not done enough to provide the kind of “enhanced shelter” that people living outdoors are most likely to accept, and should consider increasing the use of diversion strategies like “reunification”—that is, connecting people to family,  and sending them on their way. The idea of reunification is popular in California, where cities like San Francisco provide bus tickets out of town to homeless people who are able to find a friend or family member who will tell the city they are willing to take the person in. Such programs are controversial because, while they do relocate some chronically homeless people outside city limits, little is known about how people in such programs fare at the end of what are often cross-country journeys, and horror stories abound.

Mayor Jenny Durkan’s proposed budget for the Human Services Department notes that enhanced shelters, which provide case management, a place to store possessions, and a place to be during the day, result in significantly more exits to permanent housing than stripped-down, mats-on-the-floor, in-at-9-out-at-7 basic shelters. According to the Human Services Department, 21 percent of people who entered enhanced shelters, like the Navigation Center operated by the Downtown Emergency Service Center, exited into some form of permanent housing. (Permanent housing can include everything from supportive housing in facilities with case management and other services, or a “rapid rehousing” voucher for an apartment on the private market.) In comparison, just 4 percent of those entering basic shelters exited directly into permanent housing.

Despite their higher success rate, the audit found that enhanced shelters are often full, making it impossible for the Navigation Team to refer many, if any, unsheltered people to them. Between March and December of 2017, the report says, there was an average of 18 beds available for all Navigation Team referrals—an average that includes 27 days when fewer than 10 beds were available, and four months in which the average daily vacancy was less than one bed, citywide. This was during a period when the Navigation Team contacted more than 1,800 individual people, many of them more than once.

Finally, the auditor recommended that the city consider “bridge to housing” strategies like the ones in place in San Diego and Sacramento, which employ large, semi-permanent tentlike structures that can house tens or hundreds of people in dormitory-style or more private rooms. The structures are similar to enhanced shelter—24/7 and low-barrier, they allow singles and couples to bring pets and possessions with them—but are less expensive because the buildings aren’t permanent.

The idea, which council members Lisa Herbold and Teresa Mosqueda brought up yesterday, elicited a testy back-and-forth between Mosqueda and Navigation Team director Fred Podesta, who interrupted Mosqueda’s question about the bridge-to-housing strategy by saying, “We need to carefully think about, are people going to accept an enormous, 150-person dormitory that’s in a tent? Before we get too bound up in the efficiency of a particular structure type, we have to think about how our clients are going to respond to it.” When Mosqueda picked up her line of question, Podesta interrupted her again, interjecting, “I just think it’s worth asking the question—if our approach is going to be to offer [housing in that type of structure to] people—’Would you go or not?’ We need to ask those questions before we spend $2 million on a tent.” The city of Sacramento estimates that a 300-bed shelter of this type would cost between $3 million and $4 million a year.

3. Saul Spady, the Dick’s Burgers scion and political consultant last seen soliciting money to defeat the upcoming Families and Education Levy renewal and to fill the seven city council seats that will be up for grabs next year with “common sense civic leaders,” may be improperly raising funds for an election campaign without registering with the Seattle Ethics and Elections Commission and the Public Disclosure Commission.

As I reported, Spady sent an email to supporters in September seeking $100,000 in contributions for a campaign to “educate” voters on why they should oppose the Families and Education Levy ballot measure and support “common sense civic leaders” against incumbent council members next year. The email says that Spady hosted a meeting the previous week—that is, the week of September 3—of “potential 2019 Seattle City Council candidates focused on common sense, fiscally responsible & acountable [sic] government mixed with active citizens who are concerned about the continuing slide of Seattle into the ‘corruption of incompetence’ that we’re witnessing across all sectors of city hall.” The goal of the meeting, Spady continued, “was to engage likely candidates & political donors.”

This kind of unofficial campaigning could put Spady, who owns the ad firm Cre8tive Empowerment, in violation of state campaign finance law as well as the city’s own campaign finance rules. According to the Public Disclosure Commission,  new campaigns for or against ballot measures must register with the PDC “within two weeks of forming a committee or expecting to receive or spend funds (whichever occurs first).” The Seattle Municipal Code, similarly, requires campaigns to file with the Seattle Ethics and Elections Commission as soon as they’ve raised or spent any money, announced that they plan to support or oppose a candidate or an upcoming ballot measure, bought an ad or reserved ad space, or put a survey in the field about a candidate or ballot measure. Filing involves paying a fee (about $1,300), setting up a campaign office, opening a bank account, and designating campaign officers. All of this, again, must be done within two weeks of soliciting money or engaging in any other campaign activities. Spady’s email went out on Tuesday, September 11—more than three weeks ago. As of midnight last night, Spady had not filed any campaign paperwork with either agency.

Budget Crank: Juarez vs. Bike Lanes, Golf vs. Affordable Housing, and Climate Goals vs. Convenience

Mayor Jenny Durkan calibrated expectations for her first-ever city budget early, by asking every city department to come up with across-the-board budget cuts of between 2 and 5 percent—creating the impression that her budget would require difficult choices, while also ensuring that if popular programs did manage to escape the knife, the mayor’s office would get the credit. That, essentially, is what happened—Durkan unveiled a budget that modestly increases general-fund spending, from $5.6 billion to $5.9 billion (slightly more than the rate of inflation) while preserving homelessness programs that were paid for this year with one-time funding, minimizing layoffs, and handing out $65 million in retroactive pay to  Seattle police officers who have been working without a contract since 2015.

Shortly after she released her budget, Durkan’s office sent supporters a list of 18 suggested social media posts intended for use on social media. Each suggested post included messaging and images created by Durkan’s staff. For example, to illustrate the fact that her budget preserves funding for existing homelessness programs without raising taxes, Durkan’s office suggested the following Facebook post:

“To help our neighbors experiencing homelessness, @Mayor Jenny Durkan’s budget commits $89.5 million to support programs that we know work, including rapid rehousing, diversion, and enhanced shelters – without new taxes on businesses and residents.”

For a Twitter post on the new police contract, which also includes a 17 percent raise for officers,, Durkan’s office suggested the following:

. @SeattlePD officers haven’t had a raise since 2014. @MayorJenny’s new budget includes funding for the proposed @SPOG1952 contract that’s a good deal for our officers, good for reform, and good for Seattle. #SEAtheFuture 

Durkan appears to engage in the practice of distributing canned social-media materials, which more than one observer recently described as “very D.C.,” much more frequently than her predecessors. (Kshama Sawant may use city-owned printers to make hundreds of posters for her frequent rallies at city hall, but it’s still unusual for a mayor to use staff time to rally support for her initiatives on social media). As in D.C. politics,  the method is hit  or miss. A quick search of Twitter and Facebook reveals that the hashtag, and a handful of the posts, were mostly picked up by the social-media accounts of several city of Seattle departments—which, of course, report to Durkan.

2. The council got its first look at the budget this past week. And while this year’s discussions are shaping up to be more muted than 2017’s dramatic debate (which culminated in a flurry of last-minute changes after an early version of the head tax failed) council members are asking questions that indicate where their priorities for this year’s budget lie. Here are some of the issues I’ll be keeping an eye on, based on the first week of budget deliberations:

• Golf 

Did you know that Seattle has four taxpayer-funded public golf courses? (The city of Houston, whose population is more than three times that of Seattle, has six). The city is worried about its ability to sustain so many courses, which are supposed to bring in profits of 5 percent a year to pay back the debt the city took out to improve the golf courses to make them more attractive to golfers. (Guess that saying about spending money to make money doesn’t apply to sports with a dwindling fan base?)  This year, the city moved the cost of paying debt service on those upgrades out of the general fund (the main city budget) and into the city’s separate capital budget, where it will be paid for with King County Park Levy funding, as “a bridge solution to address the anticipated [golf revenue] shortfall for 2019,” according to the budget. The city is also considering the use of real estate excise tax (REET) money to pay for debt service on the golf course improvements.

All of this puts the future of municipal golf in question. Parks Department director Christopher Williams told the council Thursday, “We’ve got a sustainability … problem with our golf program. We’ve got a situation where rounds of golf are declining and the cost of labor for golf is increasing. … The policy question is, to what level should we subsidize public golf?

Council member Sally Bagshaw reminded Williams that affordable-housing advocates have suggested using some portion of the golf courses for affordable housing—they do occupy huge swaths of land in a city that has made all but a tiny percentage of its land off-limits to apartment buildings—but Williams demurred. “We feel we have an obligation to explore some of the more restorative steps that ask the question… can we sustain golf in the city? And does that come down to, maybe we can’t sustain four golf courses. Maybe we can only sustain the two most profitable golf courses in the city ultimately. But we don’t feel we have enough information to be in a place where we can make a compelling case that golf courses should become places for affordable housing.” The department is working on a fiscal analysis of the golf courses, which a parks department spokeswoman told me should be out in mid-October.

Budget director Ben Noble said the city is looking at alternatives such as carsharing and sharing motor pools with other jurisdictions, like King County and Sound Transit, to reduce the number of cars the city needs.

• Shrinking the City’s Car Dependence

During her budget speech and in an executive order that accompanied her budget, Mayor Durkan proposed reducing the city’s vehicle fleet, over an unspecified period of time, by 10 percent—a reduction that would mean getting rid of more than 400 city-owned cars. Lorena Gonzalez, who lives in West Seattle and is one of two at-large council members who represent the whole city, had some concerns. “Sometimes my office has to be way up in District 5 or way down in District 2 or over in District 1, and getting there and back in an efficient amount of time using a bus is pretty difficult, so we rely a lot on the motor pool, and I think that’s true of a lot of other departments throughout the city,” Gonzalez said.

“Certainly we try to encourage our employees to ride public transit into the city of Seattle, and I think one of the benefits of doing that, and one of the incentives for doing that, is that if an employee needs to get somewhere during the day, they have a motor pool car available to them.” Budget director Ben Noble responded that the city is looking at alternatives such as carsharing and sharing motor pools with other jurisdictions, like King County and Sound Transit, to reduce the number of cars the city needs.

Support

• Fort Lawton

The former Army base next to Discovery Park has been mothballed for years, awaiting the end of hostilities over a plan to build affordable family, senior, and veteran housing on the grounds. (The Army owns the land but offered it to the city for free more than a decade ago in exchange for an agreement to build affordable housing on the property. The city has been unable to hold up its side of the bargain due to ongoing challenges to its plans for housing.) While neighbors squabble over whether to allow low-income people onto the  high-end peninsula, squatters moved into some of the vacant buildings on the property, and the Army decided it was tired of paying to keep them out. That’s how the cost of securing Fort Lawton fell to the city‚ and ultimately, how a line item for hundreds of thousands of dollars in “Fort Lawton Security and Maintenance Costs” ended up in this year’s city budget.

Gonzalez was the one who noticed the eye-popping number—the Office of Housing and the Department of Finance and Administrative Services are each responsible for about $167,000 in 2019 and $172,455 in 2020—and asked OH director Steve Walker about it. “Throughout 2018, the city took responsibility for maintaining that property, as opposed to the Army maintaining that property, and that was part of the Army’s way of saying, ‘You guys are taking a long time and it’s costing us a lot of money. If we’re going to extend this window of opportunity for you, we want you the city to own those costs,’ and we agreed to do so.” Budget director Noble said the city isn’t in a great position to ask the Army to take on more of the costs to secure the property, given that the city was supposed to build housing there years ago, but added that if the city does manage to reach a deal to develop Fort Lawton, the Seattle public school district—which hopes to purchase some of the property—would be on the hook for some of the costs that the city is incurring now, so “we may even get a rebate.”

“We have two bike lanes in Seattle in District 5 that aren’t even used —125th and, barely, Roosevelt. … Some neighborhoods just don’t need bike lanes—it  just doesn’t make sense to have them.” —District 5 city council member Debora Juarez

• And—What Else?—Bike Lanes

Council member Debora Juarez, who appears to view bike and pedestrian safety improvements as a zero-sum game, sounded frustrated when her colleague Sally Bagshaw talked about the need to connect bike lanes in her downtown district so that people will feel safer riding bikes. (Last year, the percentage of commuters riding their bikes downtown actually declined.)  Juarez said she had “a different take on bike lanes than council member Bagshaw.” Then she unloaded on the idea of spending money on bike lanes in her North Seattle district when many areas don’t even have sidewalks. (This is a perennial complaint about North Seattle that stems largely from the fact that the area was built without sidewalks and annexed to the city in the 1950s.)

“We have two bike lanes in Seattle in District 5 that aren’t even used —125th and, barely, Roosevelt,” Juarez said—a claim that was immediately refuted by North Seattle cyclists on Twitter. “So I’m going to ask you to be accountable to us, to tell me how you’re justifying those bike lanes and their maintenance, particularly when I heard some numbers about … how much are we spending per mile on a bike lane… Was it $10 million or something like that?” This misconception (and it is a misconception) stems from the fact that the city’s cost estimates for bike infrastructure also include things like total street repaving, sewer replacement and repair, streetlight relocation and replacement, sidewalks, and other improvements that benefit the general public. Although bike lanes make up only a fraction of such estimates (a fact that should be obvious, given that simple bike lanes involve nothing more than paint on a road), many opponents of bike safety improvements have seized on the higher numbers to claim that bike lanes are many times more expensive than their actual cost.

Juarez continued, noting that her constituents have griped that bike lanes do not have to go through a full environmental review under the State Environmental Protection Act (a review intended to determine whether bike lanes are bad for the environment). “If you’re just putting them in to slow down traffic, then tell us you’re putting in something to slow down traffic,” Juarez said, adding, “Some neighborhoods just don’t need bike lanes—it  just doesn’t make sense to have them. In some neighborhoods, it does make sense to have them. I wasn’t around when the pedestrian bike plan was passed, but I am around now, and I do have a base that … are still scratching their heads [avout] why there are particular bike lanes and what their costs are.”

The council will hold its first public hearing on the budget at city hall (400 5th Ave.) at 5:30pm this Thursday, October 4.

More Delay for 35th Ave. NE Bike Lane as City Hires Mediator to Facilitate “Conversation” Between Pro- and Anti-Bike Lane Groups

The C is for Crank has learned that the city has hired a mediator, at an estimated cost of nearly $14,000, to facilitate a series of “conversations” to “explore areas of concern” between opponents and proponents of a bike lane on 35th Ave. Northeast, which has been a part of the city’s bike master plan for years but is at risk of being derailed by neighborhood activists who say it will harm businesses in Northeast Seattle. A spokeswoman for Mayor Jenny Durkan’s office says that she and city council member Rob Johnson decided to add this extra step to the process because “more than 3,400 people have contacted the Mayor’s Office regarding this project.” The goal, the spokeswoman says, is to “bring people together to facilitate conversations and work toward finding common ground.”

At the mediation sessions, which began earlier this month, representatives from each side of the bike lane issue will sit down separately with representatives from the mayor’s office, the Seattle Department of Transportation, and John Howell, a facilitator from the Cedar River Group, “to discuss their interests and concerns about the project in hopes of finding areas of common agreement as the project construction proceeds,” according to a mediation outline obtained by The C Is for Crank. The outline continues: “There are different perspectives in the community about the potential impacts from the project (mostly regarding the bike lanes). The Mayor’s office has agreed to convene parties representing those different perspectives.

The debate over the proposed protected bike lane, which would run along 35th Ave NE from Ravenna to Wedgwood, has been going on, unresolved, for years. Recently, though, the rhetoric from bike lane opponents has escalated dramatically to include allegations that those advocating for the bike lane are classist, racist, ageist, and ableist. At the same time, bike lane proponents have reported being publicly and privately threatened, and vandals have repeatedly damaged equipment used to measure speed and traffic volumes along the street. Just last month, someone planted fireworks in construction equipment that was being used to repave the roadway, prompting a response from the city’s bomb and arson squad. (Save 35th Ave. NE, the group opposing the bike lane, has disavowed and denounced the attack.)

The city’s official Bike Master Plan has promised a separated bike lane on 35th since it was last updated in 2014, and the project was supposed to be completed this year. The latest progress report on the bike plan, which SDOT is presenting to the city council’s transportation committee this afternoon, notes that the project will now be delayed until 2019, so that the city can participate in “an ongoing dialogue with the communities impacted by these projects.”

According to the project outline for the mediation, the anti-bike lane community will be represented by attorney Gabe Galanda and Pacific Merchant Shipping Association VP Jordan Royer, two men who also happen to be the campaign manager and top-listed officer, respectively, for a new PAC, “Neighborhoods for Smart Streets,” that just formed last week. The purpose of the PAC, according to the Save 35th Ave. NE newsletter: To “mobilize around transportation-related causes like Save 35th and candidates for local office who are not ideologues when it comes to local transportation planning.” Galanda, readers may recall, is the lawyer who argued that bike lanes only “serve Seattle’s white privileged communities, and further displace historically marginalized communities.” I responded to some of those arguments—particularly the claim that marginalized communities don’t want safe places to bike—here.

It’s unclear what the mayor’s office, and Johnson, expect to accomplish by adding a new mediation step to the process of building a bike lane that was approved after a lengthy process several years ago. According to the mayor’s spokeswoman, the goal of the mediation process is “Finding common ground on improvements in the corridor”—presumably improvements that are unrelated to the bike lane at the heart of the conflict. But why mediation, a process usually reserved for conflicts between two people or entities with a legal stake in the outcome of a dispute? Neither side of the mediation is a formal party to the decision, and no one is suing to stop the project. Save 35th Avenue NE, however, has been explicit about what it hopes to get out of Durkan—a “unilateral” decision to kill the bike lane. In an email late last month, as mediation was getting underway, the group encouraged its members to  “Contact Mayor Jenny Durkan” and tell her to kill the bike lane, because “In the final analysis, SDOT reports to the Mayor of Seattle. Mayor Durkan halted work on the First Avenue streetcar project. She can likewise unilaterally stop the bike lanes proposed for 35th Ave. NE.”

That email, written less than two weeks before the first mediation session, hardly sounds like the work of a group that is open to “compromise” and “common ground.” And there is plenty of other evidence that the anti-bike lane activists aren’t coming to the table in the best of faith. So far this year, Save 35th NE has claimed that single mothers do not ride bikes; asserted that SDOT “did not actually view streets such as 35th” before proposing bike lanes there; accused city council member Rob Johnson of lying to constituents and denigrating elderly and disabled people in his district; and accused Johnson, based on a single out-of-context email, of organizing an opposition group called Safe 35th Ave. NE.

The project outline for the mediation process doesn’t say how long the mediation will take,

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The J Is for Judge: Yes, Capitol Hill Has Changed. For the Better.

I was bummed when Seattle’s music community rallied around the Lesser-Seattle cause of saving the Showbox because I believe cities need the arts and their artists to be forces for progressive policy, not forces of obstruction.

Death Cab for Cutie singer Ben Gibbard emerged as the frontman of that parochial crusade, which prioritized nostalgia over housing and embraced the knee-jerk narrative that development is bad.

The  housing/retail high rise that was supposed to replace the two-story Showbox would have generated more than $5 million for affordable housing in one fell swoop under the city’s new Mandatory Housing Affordability policy. It also would have provided hundreds of housing units in one of Seattle’s densest, most transit-rich neighborhoods.

I’m rehashing the Showbox issue because it turns out—judging from the unofficial, version of Death Cab for Cutie’s recent video, “Gold Rush,” (shot among cranes on Capitol Hill)—loopy nostalgia isn’t limited to one-off preservation crusades. If there was a Grammy for NIMBY politics, Death Cab would have it locked.

I don’t mean to be to hard on Gibbard. His explanation of the song on NPR was evocative and poetic. “The song is not a complaint about how things were better or anything like that…It’s an observation, but more about coming to terms with the passage of time and losing the people and the moments in my life all over again as I walk down a street that is now so unfamiliar.”

The fact is, Seattle is leading the way to undo the auto-centric development and land use policies that paved over paradise.

But at this tense and critical moment both nationally and in Seattle, where the populist inclination to be aggrieved by what’s “unfamiliar” can translate into harmful, exclusionary ideologies, it’s worth taking the politics of this local anthem to task.

I’m not exaggerating when I say “Gold Rush” is a NIMBY anthem. After lamenting how developers are tearing down his old haunts in favor profits and parking—“they keep digging it down/down so their cars/can live underground”—here’s the plaintive refrain:

“Change/Please don’t change/Stay/Stay the same”

When Gibbard uses parking as a trope to represent evil developers, he reveals that this song’s phoned-in politics are ill-informed. Sure, it worked for Joni Mitchell in 1970; back then, cities were, in fact, catering to cars with a set of messed-up priorities that we’re still trying to undo today.

The fact is, Seattle is leading the way to undo the auto-centric development and land use policies that paved over paradise.

Most notably, the city has tied the new development Gibbard deplores to reformed parking rules that dramatically reduce the amount of parking.  Check it out: Between 2004 and 2017, the average number of parking stalls for each new apartment unit has actually decreased from 1.57 to 0.63—a 60 percent drop.  And, according to the city, 30 percent of new apartment buildings have no parking at all.

In Capitol Hill, the setting for Death Cab’s mournful video, this progressive trend toward less parking might have something to do with all the groovy change that has come to the neighborhood: A light rail station opened on Broadway and John in 2016, the streetcar came online in 2015, and protected bike lanes on Broadway opened in 2014. None of this green infrastructure existed in the good old days, which are commemorated by an old gas station on the corner of Broadway & Pine. Meanwhile, hundreds of units of affordable housing are in the pipeline thanks to MHA and the new transit-oriented development blueprint for the neighborhood. One of the projects will have 308 units with no more than 20 parking stalls, or a maximum of one stall for every 15 units.

Certainly, Capitol Hill isn’t they gay enclave it was in the 1980s. But what hasn’t changed on Capitol Hill? There are tons of places—more than ever, it seems—for artists to play music and show their art. (There are even pizza places that stay open past 10:45 pm now!) Yes, it’s harder for artists to pay rent on Capitol Hill, but there are more opportunities for artists to be artists on Capitol Hill. And there’s a way to ensure artists can have housing in the city: By building more housing in the city.

Anti-Density Activists’ Race and Social Justice Gotcha Backfires

In blue: The parts of the city where apartments are illegal. (h/t @sharethecities)

SCALE, a group made up primarily of activist North End homeowners, is suing the city to prevent the implementation of the Mandatory Housing Affordability plan, which—in addition to allowing increased density in multifamily areas around the city—would allow duplexes, townhouses, and low-rise apartment buildings to be built on six percent of the land currently zoned for exclusive single-family use. In exchange for the right to build about one story higher than what’s currently allowed in these areas, developers would be required to build affordable housing on site or pay into a fund to build affordable apartments elsewhere. The city has already implemented MHA in a number of areas, including the University District, South Lake Union, and downtown, where Showbox fans are trying to stop one of the first developments proposed under the new rules.

Since the beginning of its drawn-out attempt to kill MHA, SCALE has mischaracterized the plan as a citywide upzone, which it is not; currently, two-thirds of Seattle’s residential land is reserved exclusively for suburban-style detached single-family houses, and MHA would only remove a tiny sliver of land at the edges of those areas, adjacent to “urban villages” and “urban centers” that are already dense and well-served by transit. As council member Debora Juarez said last week, “with that six percent, what we’re trying to do is right a historical wrong”—that is, racist redlining—”because we know that for people of color, marginalized communities, refugees, and immigrants,  in order for us to build wealth, we need to have a home.”

Historically, SCALE and its leaders—who include Toby Thaler, head of the Fremont Neighborhood Council, Bill Bradburd, a onetime city council candidate who called the city’s entire Housing Affordability and Livability Agenda “dumb,” and Sarajane Siegfriedt, a longtime Lake City neighborhood activist —have argued that townhouses and small apartment buildings violate the “historic character” of single-family areas. But last month, they switched tactics, portraying themselves as social justice advocates and defenders of low-income communities. Making their case to hearing examiner Ryan Vancil, SCALE argued that the city failed to consider feedback about the impacts of expanding urban villages on low-income people and people of color in conducting an environmental impact statement (EIS) about the proposal, and then tried to bury that feedback.

In fact, the city spent the better part of a year doing outreach to nontraditional neighborhood groups and marginalized communities to find out their concerns about the potential impacts of MHA and wrote a final EIS that responded explicitly to those concerns, changing the zoning mix in neighborhoods with a high risk of displacement in an effort to help people stay in those communities.

SCALE’s evidence for the supposed coverup: A single letter from a group of city employees, known as the Race and Social Equity Team, who were charged with reviewing the city’s draft environmental impact statement for the MHA plan through a race and social justice lens. Their report (pages 9-18), which was submitted several months after the end of the public comment period for the draft version of the plan, suggested that the city needed to go further than it did in the draft EIS to address the race and social justice impacts of upzoning low-income neighborhoods where people of color are concentrated.

Support

“A number of honorable city employees conducted a thorough review of the race and social justice equity aspects of the EIS, but the city executive administration ignored their work,”  Thaler said at a special city council meeting on the plan last week. “There is no explicit reference in the EIS to [race and social justice at all.. … Read the record! This is a coverup!”

The letter, submitted by Seattle Department of Construction and Inspections staffer Dan Nelson on behalf of staffers at several city departments, says the draft EIS “did not consider race as deeply” as other factors related to housing affordability, and suggests that the city should collect  “qualitative information” from community residents about what historic resources and cultural assets they consider most important and vulnerable to displacement as MHA moves forward, and to continue doing so on an ongoing basis as MHA proceeds.

There is ample reason to do this kind of analysis. Historically, zoning (both official and unofficial, through policies that redlined people of color out of the most desirable areas of Seattle and cities across the country) has been used as a tool of discrimination against people of color in cities. In order to avoid perpetuating that legacy, race and social justice must be considered carefully as part of every land-use decision the city makes. The city also, it must be said, has not made this a top priority until relatively recently; Seattle’s Race and Social Justice Initiative, an effort to programmatically eliminate institutional racism within the city itself and in city policies, still has not been fully implemented 13 years after it was adopted in 2005. Many of the recommendations in the race and social equity team’s letter involve addressing race and social justice proactively in the future, not just with MHA but with other policy initiatives that impact communities of color. Undeniably, this is an area where the city still has work to do.

Looking only at MHA, however, it’s important to note that contrary to what SCALE is claiming in its lawsuit (and what they are using Nelson’s letter responding to a 2016 document to retroactively demonstrate), the city did do an intensive analysis of the race and social justice impacts of MHA after the draft EIS was released. The letter, which reflects concerns about the draft version of the document—namely, that it did not adequately consider the plan’s potential for driving people and institutions out of their neighborhoods through physical and economic displacement—was just one of dozens of responses from community groups, committees, and interest groups across the city, whose extensive feedback is summarized here.

The MHA process included many new kinds of community outreach—led by former neighborhoods department director Kathy Nyland—aimed at reaching communities that have been poorly served by traditional neighborhood groups like the neighborhood councils that make up most of the SCALE “coalition”.  I covered a number of these, including the city’s new community liaison program and Community Involvement Commission, last year.

Contrary to what SCALE is claiming in its lawsuit (and what they are using Nelson’s letter responding to a 2016 document to retroactively demonstrate), the city did do an intensive analysis of the race and social justice impacts of MHA after the draft EIS was released.

Taking all that feedback into consideration, the city then changed the proposal between the draft and final versions to explicitly discourage high-intensity development in areas that were determined, through a separate process called the Seattle 2035 Growth and Equity Analysis, to have both a high risk of displacement and low access to economic opportunity, which tend to be neighborhoods with high numbers of low-income people and people of color. (“Displacement risk” was determined by factors such as race, ethnicity, and “linguistic isolation,” according to the city.) At the same time, the final EIS emphasized development in areas with a low risk of displacement and high access to opportunity—the same north-of-I-90 neighborhoods, in other words, where most of SCALE’s members own houses.

The changes the city made between the draft and final EIS came response to direct community feedback, independent of the letter from city employees that SCALE considers its smoking gun. Those changes include:

• Reducing the amount of new housing that can be built in several areas where community members raised concerns about displacement, including the 23rd and Jackson-Union, Othello, and Rainier Beach residential urban villages;

• Increasing the zoning capacity in areas that have historically excluded low-income people and people of color—defined in MHA as places with low displacement risk and high access to opportunity—such as the Admiral residential urban village in West Seattle and the Ballard hub urban village, to encourage more development in those areas; and

• Amending the EIS between the final and draft version to explicitly direct the city’s office of housing to spend payments collected for affordable housing from developments in high-displacement risk neighborhoods into affordable housing in those neighborhoods.

Last month, SCALE rested its case before hearing examiner Ryan Vancil with testimony from, among others, Maria Batayola, a former Beacon Hill resident who testified that she has lived in Bellevue for four years but who still chairs the Beacon Hill Community Council’s land use committee. Batayola testified that her group joined SCALE in its lawsuit because they believed the city had failed to consider race and social justice in deciding which areas would receive upzones under MHA. But on cross-examination from an attorney with the city, Batayola said that she thought Nelson’s letter, and the Race and Social Equity Team’s report, were in response to the final document, not the (substantively different) draft. (Under questioning, Batayola reversed herself. She did not discuss the changes the city had made since the first version of the EIS.)

The hearing on SCALE’s lawsuit will continue later this month, and will likely last well into September; MHA can’t move forward until the lawsuit is resolved. Meanwhile, the housing crisis continues. Every day that MHA is not in place, the city loses out not only on opportunities to address the ongoing shortage of market-rate housing, it loses out on funding for affordable housing as well—a slow drip-drip-drip that adds up to millions of dollars in lost housing opportunities.

Whether restricting the creation of housing—any type of housing—will work as a long-time anti-displacement strategy is, of course, another question—one that city council member Teresa Mosqueda posed at last week’s meeting. “I still struggle with the terminology that if we were to do more development—again, through the community lens, led by community organizations and neighborhood leaders who who can talk about the type of housing that they’d like to see—we can actually benefit by seeing increased housing and density requirements in some of these areas that are being called at risk of displacement.

“If they are at risk of displacement, then [it seems like] we would like to see more opportunities for folks to live in those areas and not get pushed out,” Mosqueda concluded.

Note: This post originally identified the Fremont Neighborhood Council as the Fremont Neighborhood Association.

A Conversation With a Neighbor Who Changed His Mind About a Tiny House Village

In case you haven’t noticed, the debate about homelessness in Seattle has gotten a little toxic. At a time when homeowners show up to chant “bullshit!” at public hearings and socialists attempt to drown out city council votes they don’t agree with, it’s rare to hear about anyone actually changing their mind after talking to “the other side.” Which is why I was eager to sit down with a guy I met at a recent public meeting on a new “tiny house” village that’s currently being built in a vacant lot at 18th and Yesler and hear more about how he went from distributing flyers opposing the project to figuring out ways he could support the people living there.

Omeed, who asked me to use his first name only, joined a group called Yesler Neighbors that distributed flyers in the neighborhood around the tiny house village urging neighbors to write and call the city to demand that they put a “pause” on what they described as an “illegal encampment” based on a litany of what they described as land use and public notice violations. (See the full letter here). “We support ending homelessness in our city but believe it should be done in a transparent, legal, and thoughtful manner,” the letter left on neighbors’ doorsteps concluded.

After the meeting at Ernestine Anderson Place on South Jackson Street, which included a Q&A with project sponsors from the Low-Income Housing Institute and New Hope Missionary Baptist Church, I started chatting with Omeed outside. “I’m someone who changed his mind,” he told me—he now supported the encampment, although he still thought neighbors hadn’t received adequate information to form their own views on the project in the first place. For example, he said, he had been unable to determine whether the encampment would be “low-barrier”—that is, whether it would allow residents to consume drugs and alcohol on-site—and how the rules would be enforced. On Monday, Omeed broke ties with Yesler Neighbors to focus on other activist work—namely, electing Democrats to the state legislature through an organization called the Sister District Project, which sends activists into swing districts, like Washington’s 26th and 30th, to support Democratic candidates at the state level.

I sat down with Omeed in Pratt Park, just a few blocks from the tiny house village, which is currently under construction. Omeed, whose parents moved to the United States as refugees during the Iranian revolution, moved to Seattle about six years ago from Washington, D.C.; his wife is a native Seattleite with roots in the city going back 12 generations. They live a few blocks from the new tiny house village at 18th and Yesler.

How did you become aware that this tiny house village was being built in your neighborhood?

We got a flyer on our front door on May 15 or 16, and that same week, or shortly after, gravel started going down [on the lot]. It really did seem abrupt. We’re used to getting a certain amount of notification and time to understand what the project is. That was like—wait a second. But that part didn’t bother me as much as the fact that there were a lot of houses that did not get flyers, and there were houses several blocks further away from it, where it’s not necessarily in view, and they were flyered when I know some of the houses along the fence line never received any notice of it. I got it; some of my neighbors did not.

What did you think when you got the flyer? Were you supportive of the idea?

My initial reaction was like, ‘Cool, let’s save some lives. This might be great.’ My wife’s initial reaction was like, ‘I wonder if I can volunteer and help them with some landscaping stuff’—just do something that’s welcoming. And then we started hearing some other information, and then when you do some Google searches about these villages, Licton Springs [an encampment in North Seattle that allows drugs and alcohol] tends to be the thing that makes it up to the surface, and that was really jarring and it put some guards up. I’m a naturally defensive person. Growing up in a household where your parents are refugees, your mom’s an asylum seeker… siege mentality is a kind of natural thing to have. So my guard just tends to go up really quickly.

What was your concern related to Licton Springs?

Crime stats, the fact that there is open drug use—I don’t know how much is anecdotal or real. I only drove by. On the Aurora Avenue side, it was like, ‘Uh, this is an interesting part of town…’ Then the barbed wire along the top of it, too—it just seemed like that isn’t something that I necessarily want in my neighborhood.

You mentioned when we spoke before that your main concern was whether this tiny house village was going to allow drugs and alcohol. Can you talk more about that concern?

The flyer didn’t indicate if this site was going to be low-barrier. There was no information about it. When we went to the first meeting on the 22nd, I don’t recall that very strong commitment [to a no-drugs-and-alcohol policy] and that gave me kind of a pause. After that first meeting my guard went up a little more. More concerns started to bubble up.

I don’t think addiction is criminal. I can’t say that addicted people mean crime. I would be concerned, though, if there’s other folks that want to come there, [like] dealers. If that gets drawn over to it because they know it’s a low-barrier site where people are going to be allowed to use, that’s just not okay.

What changed your mind about this project?

I went to visit the 22nd and Union village a little while ago, and I talked with those folks, and they were just like normal working people. They’re just having a hard time. [Mayor Jenny] Durkan said in press release that these folks are, in a way, economic refugees. A segment of the population really is. Something like 40 percent, give or take, of the unsheltered population is employed in some capacity, and 20 percent of those are employed full-time. The fact that there isn’t enough housing that those folks can afford is disgusting. It’s a frustration.

I get frustrated when I hear things like Fort Lawton are held up in litigation, which just makes them more expensive to build. We declared a state of emergency a few years back and my understanding of a state of emergency is you suspend some rules and blockers because it’s a state of emergency. So I’m just thinking, what kind of state of emergency is it where things can end up in litigation or get blocked by neighbors because they’d rather have another park? We have lots of great parks. I’m not saying we shouldn’t find more ways to create green space, but this is an emergency.

So how are you feeling about the tiny house village now? Are you planning to volunteer to help them out, or put your efforts into pushing for other housing solutions, now that you know more about the project?

It takes a lot of effort to be in that mindset, to try and fight with the city and fight with this organization and do all those things. What I think might be a better use of my time moving forward, especially if I’m serious about building more housing and finding the funds to pay for it, is to make that call to the county saying, ‘You have nearly $200 million over 20 years to give to a profitable baseball team, yet you have yet to come up with a way to pay for [housing]. It’s there. We don’t have to subsidize these sport teams and these stadiums. We also don’t have to subsidize massive tax breaks to Boeing, the largest defense contractor and one of the largest companies in the world. It’s absurd to say we need to come up with these other revenue streams when the money really is there. It’s not a matter of efficiency in government or ‘audit this’ or ‘make cuts there.’ It’s, stop giving away money to people who already have millions of dollars and we’ll have it.

My wife is setting up the [National Night Out] event for our block and I said, ‘They should be invited.’ I don’t think I have to take anything out on the folks who are going to be living there. My gripes are with the city, the county, and the state—the people who refuse to actually do the things that need to be done to actually deal with this emergency. So I don’t see why I have to turn my back to those folks who otherwise need help.

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