Tag: ADUs

Durkan’s Backyard Cottage Plan Would Have Kept Some Old Restrictions, Imposed New Ones

Mayor Jenny Durkan planned to propose her own accessory dwelling unit (ADU) legislation that would have restricted homeowners’ ability to build second and third units on their property, going far beyond the limitations in the legislation the city council passed unanimously yesterday afternoon.

The restrictions Durkan proposed would have been more lenient than previous regulations, which had resulted in just a handful of ADUs per year, but would have included many provisions requested by ADU opponents, including parking requirements for second ADUs, preserving the current owner occupancy requirement, and imposing new limits  on the size of backyard units.

Ultimately, as I reported this morning (item 2), Durkan did not propose her own legislation, and the bill the council passed yesterday does not include any of these restrictions. Still, Durkan’s ADU proposal gives a glimpse into her thinking about how much the city should limit how many people (and what kind of people) should be allowed to live in single-family neighborhoods.

Support The C Is for Crank
Sorry to interrupt your reading, but THIS IS IMPORTANT. The C Is for Crank is a one-person operation, supported entirely—and I mean entirely— by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going. I can’t do this work without support from readers like you. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.

This report is based on documents I received through a records request filed in March. The mayor’s office provided unredacted versions of these documents this morning.

First, the mayor set out her goals in drafting her own ADU legislation: “1. Encourage ADUs—especially affordable ADUs—throughout Seattle’s single-family neighborhoods. 2. Prevent speculative development and the demolition of existing single-family homes.” Her plan also laid out a set of “principles,” which included “Retain existing single-family neighborhood character.”

To those ends, here’s what the mayor’s proposal (which, again, was never sent to the council as legislation) might have done:

1. Imposed a cap of 1,000 accessory units permitted per year. (The legislation the council passed includes no such restriction.)

2. Required homeowners building a second ADU to sign a legally binding document stating that they would never use that ADU as an Airbnb (a new restriction that would allow someone to own two houses on adjoining lots and rent one as an Airbnb, but would ban a neighbor with two ADUs from renting out their backyard unit).

3. Required two years of continuous ownership before a homeowner could build a second ADU, such as a backyard cottage in a house that already has a basement apartment. This restriction went further than council member Lisa Herbold’s proposal for a one-year ownership requirement, which failed; the legislation the council passed does not include any ownership-related restrictions on ADU construction.

4. Required homeowners to build one off-street parking space when they build a second ADU. Notes from staff on the mayor’s proposal indicate that “many infill parcels, especially those without alley access, cannot easily accommodate off-street parking, making this requirement a significant impediment to ADU development.” The legislation that passed yesterday includes no parking mandate.

5. Imposed a new floor-area ratio (a measure of maximum density) on detached units while eliminating the previous minimum lot size of 5,000 square feet. Although getting rid of maximum lot sizes sounds like a good thing, in practice, this measure would have little practical impact while imposing a new restriction on what people on smaller lots could build. I’ve explained this in a bit more detail below*, but the impact would be that any lot smaller than 5,000 square feet would have to build a backyard unit smaller than 1,000 square feet—and the smaller the lot, the smaller the cottage. In contrast, O’Brien’s legislation allows backyard cottages of up to 1,000 square feet on all lots, subject to the city’s existing maximum lot coverage of 35 percent.

Although getting rid of the minimum lot size entirely might seem preferable, the impact would be tiny—according to the city, just 7 percent of the single-family lots in Seattle are smaller than 3,200 square feet, and ADUs on very small lots are unlikely for the reasons I explain below.

6. Required a homeowner or a homeowner’s family member to live on the property for at least six months out of every year. O’Brien’s legislation got rid of the existing six-month owner occupancy requirement because it effectively banned renters from living in at least one of the units on lots with an ADU (suggesting that backyard-cottage renters require owner supervision.) Durkan’s proposal would have continued to prevent renters from occupying every unit on lots with ADUs, but allowed family members to serve as owner proxies. The proposal doesn’t define “family member,” but other elements of the municipal code limit the number of people who can live on a single lot unless they are “related,” a term that is undefined in the code.

Because I filed my request for these documents in March, they don’t include any discussions that happened after April 1 that might shed light on why Durkan decided not to propose her own ADU legislation. The mayor’s office did not immediately respond to a question about why they dropped the proposal this afternoon.

*Two hypothetical examples illustrate the impact of this change on lots of two different sizes.

A homeowner with a 4,000-square-foot lot could cover a total of 1,400 square feet of that lot with buildings, subject to the maximum height limit of about 30 feet. That could include, say, a 1,600-square-foot two story house (covering 800 square feet of the lot) and a two-story, 1,000-square-foot backyard cottage (covering 500 square feet). Under Durkan’s proposal, though, the backyard cottage would also be restricted by the 0.2 FAR, limiting it to a total of 800 square feet no matter how the rest of the lot is configured. This is the limit that existed before O’Brien’s legislation raised it to 1,000 square feet, so in this case Durkan’s proposal would have preserved the old status quo.

A homeowner with a 2,500-square-foot lot, who couldn’t build a backyard cottage under the rules adopted yesterday, would theoretically be able to do so under Durkan’s proposal. But the restrictions would make this exceedingly unlikely, because the backyard cottage would be limited to a total of 500 square feet—on a lot where only 875 square feet can be developed in the first place. Playing this out presents some very unlikely scenarios, such as a tiny front house towered over by a narrow two-story backyard tower. The point is, the effect of these restrictions would have been primarily to limit the size of backyard units, not to expand homeowners’ ability to build them.

Morning Crank: “I Have Not Seen Any Speculative ADU Bubble”

1. The city council finally adopted legislation to loosen regulations on backyard and basement apartment construction Monday, 13 years after the city allowed homeowners to build backyard cottages in Southeast Seattle on a “pilot” basis in 2006.  The city’s analysis found that the new rules, which would allow homeowners to build up to two accessory units (such as a basement apartment and a backyard cottage) on their property, will add up to 440 new units a year across Seattle, or about one unit for every 80 acres of single-family land.

Support The C Is for Crank
Sorry to interrupt your reading, but THIS IS IMPORTANT. The C Is for Crank is a one-person operation, supported entirely—and I mean entirely— by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going. I can’t do this work without support from readers like you. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job, so please become a sustaining supporter by signing up to make a monthly contribution through Patreon now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.

The city expanded its initial backyard cottage pilot to include the rest of Seattle in 2009, but it never took off in a major way, thanks in large part to restrictions on lot and unit size, owner-occupancy requirement, and parking mandates that made accessory dwelling units, or ADUs, difficult and expensive to build. Efforts to make it easier to build second and third units ran against the usual objections from single-family homeowner activists, who claimed that changing the law would turn Seattle’s exclusive neighborhoods into triplex canyons, and from left-leaning development opponents, who claimed  that loosening the rules would lead to a frenzy of speculative development, with builders snatching up affordable single-family rental houses and destroying them to make way for new houses with two additional units, which they would rent out at higher prices or turn into Airbnbs.

Litigation by a group of homeowner activists dragged the process out for years, but the city prevailed in May, enabling the legislation to finally move forward. Although council members generally supported the proposal, some of them wanted to add new restrictions, such as owner occupancy and ownership requirements and even a ban on leasing the units as short-term rentals, which would have subjected backyard cottages and basement apartments to more stringent anti-Airbnb rules  than any other kind of housing in the city.

Ultimately, the only one of those amendments that saw the light of day on Monday was Lisa Herbold’s proposal to require homeowners to own a property for one year before building a second accessory unit—a provision Herbold said was necessary “to address the speculative market that will flip these units”—with even socialist council member Kshama Sawant saying that she saw no reason for the restriction. While she is concerned about “corporate developers” building luxury apartment towers, Sawant said, “I have not seen any speculative ADU bubble anywhere.”

The legislation, which Sightline called “the best rules in America for backyard cottages,” passed 8-0, with council member Bruce Harrell absent.

2. Often, when the council passes a piece of legislation they have been working on for some time, Mayor Jenny Durkan sends out a press release praising the council for passing “the Mayor’s legislation.” That didn’t happen with the ADU bill that passed yesterday—not because Durkan didn’t have her own version of the proposal, but because she never sent her own version of the ADU legislation to the council. Instead, after a team of staffers spent months working on draft legislation and crafting an outreach plan for an alternative proposal, the mayor apparently decided to support O’Brien’s legislation after all.

It’s hard to quantify how much staff time the mayor’s office and city departments dedicated to drafting legislation that never saw the light of day, but the sheer volume of communications in the first three months of 2019 suggests it was a substantial body of work. (I filed my request at the end of March and received redacted records in mid-June, which is why I don’t have any documents dated later than March 31).

At the moment, it’s also hard to know what problems Durkan had with O’Brien’s proposal, since most of the documents her office provided about her strategy and legislation look like this:

I would show more, but it just goes on like this.However, series of text messages between two mayoral staffers that were provided without redactions shows that one of the changes Durkan was considering was an even longer ownership requirement than what  Herbold proposed—two years, rather than one, before a homeowner could build a second accessory unit.

I’ve asked the mayor’s office for unredacted versions of the documents I received in  and will post more details about her proposal  when I receive them. In the meantime, here’s one more page from those redacted documents—this one a list of ideas the mayor’s office had to “further allay concerns” about “speculative development.”

Afternoon Crank: Bike Lanes and Backyard Cottages

A backyard cottage in Ballard
Image via City of Seattle.

1. City council member Abel Pacheco, who is filling out former District 4 representative Rob Johnson’s term,  did some political calculus before deciding to seek the temporary appointment rather than staying in the crowded race for a four-year term, but urbanists are probably wishing they could have him longer.

Yesterday, Pacheco was instrumental in shooting down two amendments from council member Lisa Herbold that would have, respectively, barred homeowners who build accessory dwelling units (such as a basement apartment) from renting them out on a short-term basis through a platform like Airbnb, and required a homeowner to live on the property for at least a year before building a second accessory unit (such as a backyard cottage.)

Herbold said banning Airbnbs in ADUs would prevent the construction of ADUs for the purpose of providing short-term rentals rather than as “rental housing” for Seattle residents. Pacheco countered that in his district (which includes the University of Washington and Children’s Hospital) a high percentage of renters only need housing during the school year or a short-term residency, and that Herbold’s amendment would make it impossible for them to rent their units during off seasons. (City law limits Airbnb operators to two units—one inside their primary residence and one offsite).

“Having lived in two ADUs, I know how great an opportunity it is to provide for folks not just in my district but around the city,” Pacheco said. Mike O’Brien, who sponsored the legislation and has shepherded it through the council through years of legal challenges, added that if Herbold’s amendment passed, it would put ADUs in a separate category from all other types of rentals, so that someone who owned two houses side by side could rent out the second house as a short-term rental, but someone who owned a house and built a garage apartment on the same lot could not. “I don’t think that’s necessarily fair,” O’Brien said.

The legislation, which passed out of committee 5-0 (council member Kshama Sawant, who might have voted with Herbold on her amendments, was excused to go to a labor rally), will move forward to the full council on Monday, July 1.

“We don’t have constructable plans [for a two-way Fourth Ave. bike lane] right now.” — SDOT director Sam Zimbabwe

2. Pacheco also asked some blunt questions of Seattle Department of Transportation director Sam Zimbabwe during a committee discussion about the diminished Bicycle Master Plan, which SDOT is now describing as an “accountability document” that only promises what the city can actually pay for. (The bike plan was scaled back in response to higher cost estimates on a number of projects that were supposed to be funded by the Move Seattle Levy. After bike advocates protested that the bulk of the projects that got cut were top-priority projects in Southeast Seattle and downtown, SDOT updated the plan by putting some of those projects back in as areas for “study,” while also scaling back a long-planned, and already delayed, protected bike lane on Fourth Ave. downtown). Pacheco asked Zimbabwe why the latest version of the Fourth Avenue bike lane is only northbound, rather than the two-way bike lane that has been in every previous version of the plan.

Zimbabwe said that SDOT has every intention of “designing a two-way facility, but the traffic impacts of that, and frankly the costs of that, have never been fully studied,” including the cost of signal infrastructure to allow left-hand turns across the bike lanes from Fourth Avenue. “That wasn’t part of the planning process previously,” he said. “We are committed to designing [it] to better understand what the cost implications are.”

Support The C Is for Crank
Hey there! Just a quick reminder that this entire site, including the post you’re reading, is supported by generous contributions from readers like you, without which this site would quite literally cease to exist. If you enjoy reading The C Is for Crank and would like to keep it going, please consider becoming a sustaining supporter. For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is my full-time job. Help keep that work sustainable by becoming a supporter now! If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for reading, and I’m truly grateful for your support.

After the meeting, I asked Zimbabwe how it was possible that there was no design yet for Fourth Ave., given that it was originally supposed to open at the beginning of 2018. He said that his understanding was that the two-way bike lane was “designed to about 30 percent [without] a full budget development. … We don’t have constructable plans right now.” SDOT’s previous reasons for delaying the two-way bike lane have included costs, impacts on transit during the “period of maximum constraint” downtown, traffic impacts during major traffic incidents such as when a fish truck overturned on SR 99 in 2015, and (most recently) “parking impacts.”

I also asked Zimbabwe about whether SDOT planned to revisit its decision to eliminate another long-planned bike lane on 35th Ave. NE in light of two recent collisions between drivers and vulnerable users (a cyclist and a motorcyclist, who was killed by a driver in a pickup truck turning left into his path). On Monday, as I first reported on Twitter, council member Sally Bagshaw said she was horrified by videos showing drivers zooming past cyclists at close range, using a newly added turn lane as a passing lane.

Zimbabwe said there were no plans to revive the protected bike lane—which was included in earlier versions of the Bike Master Plan but killed by Mayor Jenny Durkan after “concerns … from the community” —but that SDOT was “making some tweaks to make sure pedestrian crossings are safe” and adding flexible barriers to create “turn pockets at the intersections to keep [drivers] from overtaking” cyclists. In a statement to KING 5, SDOT spokesman Ethan Bergserson said that the upcoming changes, “as well as any others, should not be viewed as an indication of shortcomings but as part of SDOT’s ongoing data-driven approach to roadway improvements.”

Families Come In All Sizes. Housing Choices Should, Too.

Editor’s note: This is a guest op/ed by More Options for Accessory Residences, a group that advocates for accessory dwelling units, such as backyard cottages and basement apartments. The city council’s Sustainability and Transportation committee will hold a public hearing on legislation making it easier for single-family property owners to build second and third units on Tuesday evening at 5:30.—ECB

Seattle needs thousands of homes for people of all ages, incomes and backgrounds over the next 10 years. Families come in all shapes and sizesand housing choices should, too. Some families love the convenience, coziness and price of an accessory dwelling unit. There’s a lot of names for a second home within, or next to, an existing house: Granny Flats, Fonzie Flats, Pool Houses, Coach Houses, Kitchenette Units, Backyard Cottages, Basement Apartments, and so many more.

MOAR – More Options for Accessory Residents—supports more accessory dwelling units for the following reasons:

  • Climate Change: (D)ADUs are one way to add new neighbors to areas with frequent transit service. This means that people can live closer to their jobs, cultural communities, and more—which means less sprawl and less dependence on cars. (D)ADUs are also much more energy-efficient then single-family houses, cutting carbon emissions by as much as half.
  • Walkable Communities: (D)ADUs support small businesses by making it possible for more people to live within walking, biking, and easy transit distance of local mom-and-pop shops.
  • Aging in place:  The new legislation has built-in flexibility for people who want to build a one-story backyard unit, making it much easier to create opportunities to age in place. In cities that make it easy to build backyard apartments, many people move into the backyard cottage and rent out the front home to offset rising property taxes.
  • Intergenerational Living: (D)ADUs help create additional living spaces for children who need an affordable place to stay during or after college, aging parents, a relative who can babysit or fill in for child-care needs, or a relative who might need at-home care.
  • Parking Requirements: Let’s prioritize housing for people, not storage for cars. The proposed legislation takes away the requirement that homeowners add a new parking space to build a second unit. And it doesn’t count interior parking or storage space against the size limit. 

  • Affordability: Right now 75 percent of Seattle is off limits to new neighbors who can’t rent a whole house or come up with a down payment to buy one. ADUs & DADUs are one way to induce mixed-income neighborhoods and more equity without changing the zoning.
  • Land Owners, Home Owners, and Neighbors Who Rent: Right now, 20 percent of Seattle’s single-family houses are occupied by renters. Under the current rules, property owners with ADUs must live on site six months out of every year—a biased policy that prevents renters from accessing this housing and takes away property owners’ flexibility to live elsewhere. The proposed legislation will allow anyone, including renters, to live on a property with an attached or detached ADU. 
  • Out-of-scale homes: Right now, the city incentivizes removing small houses so the largest possible house—sometimes referred to as a “McMansions”—can be constructed. Based on census data, the average household size is declining but the average square footage of a house isn’t. The legislation would limit the size of new homes while encouraging ADUs and DADUs by not counting second and third units against development limits.

Adding 2,000 additional homes over the next ten years by reforming the city’s approach to ADUs is a very small step on the path to making our region affordable for all our neighbors, including the ones who haven’t moved here yet. If you support this vision, please show up to City Hall June 11 at 5:15 pm to rally for MOAR Housing.

MOAR (More Options for Accessory Residences; @moarseattle) is a group of Seattle residents concerned with the future of the city, housing availability and affordability. We have diverse backgrounds, experiences and housing situations, but we’re all Seattleites who want our city to allow more options for accessory residences—for us, our neighbors, and future generations.

Morning Crank: “As a Seattle Native”

If we allow backyard cottages, it could open the door to neighborhood character-destroying duplexes like this

1. The city’s hearing examiner heard final arguments late last month in the latest effort by Queen Anne activist Marty Kaplan to prevent homeowners from building mother-in-law units and backyard cottages (accessory dwelling units, or ADUs) on their property. (Kaplan has been filing legal challenges “as a Seattle native” since 2016, arguing that allowing two ADUs—e.g., a backyard cottage plus a basement apartment—will destroy the character of Seattle’s exclusive single-family neighborhoods and lead to rampant speculation by developers). The preferred alternative (there’s no actual legislation yet, since the proposal has been locked up in litigation) would also remove the existing parking mandate; establish restrictions on the size of new single-family houses in an effort to thwart McMansion-style developments; and lift the current owner-occupancy requirement in favor of a new rule requiring that a homeowner who has one ADU and wants to build a second must own the property for at least a year before beginning to build.

If the hearing examiner rules that the environmental review of the ADU proposal, sponsored by council member Mike O’Brien, was adequate, the council can move forward with actual legislation as early as next month. Their goal is to finalize and vote on the legislation no later than August.

But hold up. Mayor Jenny Durkan reportedly hopes to negotiate with the council to get some amendments to the legislation, starting with the owner-occupancy requirement. ADU opponents, including Kaplan, have argued that allowing up to two secondary units on a lot will open single-family neighborhoods up to “speculative development,” unless the city mandates that any homeowner who wants to build an ADU has to live on that property in perpetuity. The specter of developers descending greedily upon single-family property for the privilege of building a secondary unit (and then, after owning the property for a full year after that, building a third) might strike anyone familiar with Seattle’s existing real-estate market as absurd, but to spell it out: There’s no evidence of a speculative boom in backyard apartments in other cities, like Portland and Vancouver, where they’re easier to build; the scenario in which developers build backyard apartments, then sit on those properties for the year before building another unit, makes little financial sense; and fans of missing-middle housing for middle-class people who can no longer afford to buy anything in Seattle might consider a little development a good thing. Nonetheless, Durkan reportedly wants to put owner-occupancy requirements back on the table, and to reopen the discussion about parking requirements. Council sources say the parking idea in particular is probably a nonstarter.

The hearing examiner is expected to make his ruling by mid-May.

Support The C Is for Crank
If you like the work I’m doing here, and would like to support this page financially, please support me by becoming a monthly donor on Patreon or PayPal.  For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses.  If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for reading, and I’m truly grateful for your support.

2. The city’s Human Services Department found itself on the defensive in late February, after Mayor Durkan claimed in her state of the city speech that the city had “helped more than 7,400 households move out of homelessness and into permanent housing.” As I first reported, that number was misleading at best—the city actually counted 7,400 exits from programs, a number that almost certainly overstates the number of actual people who have gotten out of homelessness because it counts every program as an exit (so that, for example, a household of two who stopped using five homelessness programs would count as five “exits.”)

At the time, HSD officials and the mayor’s office expressed frustration to reporters who asked questions about the discrepancy, insisting that they should have “known all along” that when the city said “households,” they really meant “exits from programs,” and that reporters should focus not on what the numbers specifically represent, but on the fact that they’re going up.  “No matter how you look at it, it’s getting better,” HSD deputy director Tiffany Washington said. Nonetheless, several other reporters considered it newsworthy that the city did not know how many people it was actually helping, despite the city’s insistence that it was not a revelation.

Even as the city was telling reporters that they shouldn’t have been surprised that “households” does not mean “households,” internal communications between mayoral and HSD staffers, which I obtained through a records request, show that prior to the mayor’s press conference to discuss the numbers the Monday after my story ran, the city decided to remove all references to “households” in a talking-points memo bound for the mayor’s desk.

The shift was fairly abrupt. On Thursday, February 21, for example, HSD spokeswoman Meg Olberding wrote in an internal email that one of the department’s top speaking points was “30% More Households Exit (Maintain) to Permanent Housing.” One day later, and several hours after my initial story on the “households” vs. “exits” discrepancy, the mayor’s homelessness advisor, Tess Colby, emailed the mayor’s office and HSD staff to say that she had “revised the memo to Mayor to replace ‘HHs’ with ‘exits’ solely in the interest of precision.”

In all, 12 references to “households” were removed from the memo. For example, the top bullet point, which referred to “the 7,400-goal … for exiting households from the system and maintaining permanent supportive housing clients” was changed to “exits from the system and maintaining permanent supportive housing clients.” A sentence that originally read, “In 2018 431 Native American/Alaska Native households exited  homeless services programs …and 2,979 Black/African Americans households exited homeless services programs” was changed to read, “In 2018 there were 431 exits among Native Americans/Alaska Natives from homeless services programs …  and exits of Black/African Americans increased to 2,979.” And a reference to enhanced shelters “exiting nearly twice as many households” in 2018 than the previous year was changed to say, “Exits to permanent housing increased nearly two-fold.”

These changes may seem minor, but they (and their timing) are significant. The mayor’s office got called out for overstating its success in responding to homelessness. Publicly, they went on the defensive, telling reporters they were making a big deal out of nothing. Privately, though, the mayor’s office appeared to realize the confusion was warranted.

3. Speak Out Seattle, a group that fought against the head tax for homelessness, opposes tiny house villages and encampments, and backed an initiative to ban safe consumption sites,  held a forum for District 2 council candidates Thursday night, although only four of the seven declared candidates decided to attend. (Two, Tammy Morales and Christopher Peguero, had previously stated their intent to boycott the forum). The remaining candidates were bounce-house rental company owner Ari Hoffman, Socialist Workers Party Henry Dennison, Seattle Police Department crime prevention coordinator Mark Solomon, and Rainier Valley community organizer Phyllis Porter.

I live-tweeted the event, which was attended by an incongruously white audience given that D2 is the least-white district in the city. I’ve included a few key moments below, and collected all my tweets in a Twitter moment here.

Morning Crank: “We Have Zoned Our City Backwards”

“I’m not calling anyone a racist. I am calling out the reality that we are living in a city that has a history of …  housing laws designed to keep certain people out of certain areas of the city, and as a policy maker, it is my duty to undo this history.”

After nearly five years of public hearings, open houses, legal challenges, amendments, and debate, the city council adopted the “citywide” Mandatory Housing Affordability plan on Monday by a 9-0 vote. The legislation (which does not actually apply citywide) will allow developers to build more housing in parts of the city where density is already allowed, and will allow additional housing, ranging from a second house to small apartment buildings, on about 6 percent of the land that is currently zoned exclusively for detached single-family houses.

In exchange for greater density, developers are required to build or pay a fee to build housing affordable to people making 60 percent or less of the Seattle median income. The amount developers will pay to build will be higher in areas where the city has determined the risk of displacement is high and access to opportunities is low, and lower in areas with low displacement risk and high access to opportunity. The city hopes that MHA will result in 6,000 units of new low-income housing over the next 10 years. The plan has already been partially implemented—six neighborhoods, including downtown, South Lake Union, and the University District—were upzoned two years ago

The rest of the city’s single-family areas, which occupy about 75 percent of the city’s developable residential land, will be untouched by the changes.

Public comment on Monday was dominated, as usual, by homeowners who argued that the proposed changes will “destroy” neighborhoods, rob property owners of their views, and—a perennial favorite—”ghettoize” places like Rainier Beach by forcing low-income people of color to live there.

The specter of “ghettos” was both explicit—two white speakers mentioned “ghettos” or “ghettoization” in their comments—and implicit, in comments from several white homeowners who expressed concern that their (unnamed, absent) friends and family of color would be displaced from their current neighborhoods. “I want to provide affordable housing to my children and grandchildren, who are of all colors, but I want to protect her [Seattle’s] natural beauty,” one speaker said, after inveighing against the potential loss of views from North Capitol Hill. Another speaker (also white) invoked her “many… friends and family of color [who] have been displaced from the Central District and particularly from Columbia City… to the Rainier Beach area, and now it s up for upzoning.” Where, she wondered, would these anonymous friends and family be forced to move next?

Support The C Is for Crank
If you like the work I’m doing here, and would like to support this page financially, please support me by becoming a monthly donor on Patreon or PayPal.  For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses.  If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for reading, and I’m truly grateful for your support.

After listening to more than an hour of such comments—including one white speaker who claimed that “upzoning is the new redlining”—the council’s women of color were eager to correct the record. Lorena González, whose own Mexican-American family would have been excluded from much of the city under both the formal racial covenants that ended in the 1940s and the unofficial redlining that replaced them, noted first that “this legislation is not even close to citywide—there are approximately 127 neighborhoods in the city, and this legislation only relates to 27 of them.” The remaining 100 neighborhoods, she said, are still “currently and strictly zoned exclusively single-family.”

She continued: “I’m not calling anyone a racist. I am, however, calling out the reality that we are living in a city that has a history of implementing and preserving housing laws designed to keep certain people out of certain areas of the city, and as a policy maker, it is my duty to undo this history and to support legislation to begin the process of dismantling… laws that are intended to exclude people who look like me from owning or living in a single-family home.”

Teresa Mosqueda added more historical context. “What we have done over the last few decades is we have zoned our city backwards,” she said, referring to the fact that as recently as the middle of the last century, multifamily housing was allowed on much of the land Seattle now preserves for exclusive single-family use. “I’m sad that we’re not actually having a conversation about citywide changes. That is the next conversation we need to have.”

“The only way to create universal access to housing is by building a housing-rich city.” – Council member Rob Johnson

Today’s vote served as a bit of a swan song for council member Rob Johnson, who is widely expected to step down after the end of April to start his new job as a transportation advisor to Seattle NHL. Johnson, who spent much of his single term shepherding the legislation, sounded a bit wistful as he closed out debate and called for a vote. After thanking city staffers, other council members, and his wife Katie, Johnson  noted the signs all over Seattle that oppose “build the wall” rhetoric. “Well, zoning is building a metaphorical wall around our city.” By adopting MHA, he said, “We’re starting the process of dismantling walls around our neighborhoods that have given exclusive groups sole access to the resource-rich communities around our city. … The only way to create universal access to housing is by building a housing-rich city.”

The battle over MHA is not over, of course. SCALE, the group that spent much of the last year and a half appealing the plan in front of the city’s hearing examiner, said in a statement Monday that they were “considering appealing the inadequately considered impacts of the MHA legislation to the [state] Growth Management Hearings Board.”

2. González and Mosqueda weren’t the only ones feeling salty before Monday’s big vote. Sally Bagshaw, who is also leaving the council after this year, took the opportunity to correct an op/ed by Queen Anne homeowner and anti-density activist Marty Kaplan that ran in this Sunday’s Seattle Times. Kaplan has spent much of the last several years appealing a city proposal that would allow homeowners to add up to two accessory dwelling units (one attached, one in the backyard) to their properties. The Times ran Kaplan’s factually challenged rant alongside a pro-MHA piece by Johnson, suggesting that an elected city council member and a neighborhood activist who spends his time fighting people’s right to build garage apartments are on roughly the same level.

“Here’s what makes me grumpy,” Bagshaw began. “There have been so many things that have been said on the con side of this that I just think have gotten in our way, and repeating untruths over and over against simply doesn’t make  something so.” Kaplan’s piece, Bagshaw continued, said that the city was “railroading” neighborhoods and would “eliminate all single-family zoning,” and “nothing could be further from the truth. We are going to be retaining 94 percent of the single-family zones,” Bagshaw said.

“Here’s what makes me grumpy. There have been so many things that have been said on the con side of this that I just think have gotten in our way, and repeating untruths over and over against simply doesn’t make  something so.” – Council member Sally Bagshaw

Bagshaw didn’t get around to demolishing all of the false and absurd claims in Kaplan’s editorial one by one, so I’ll add a couple more. Kaplan claims in his piece that allowing homeowners to build backyard or mother-in-law apartments on their own property will “eliminate single-family housing regulations citywide, erasing 150 years of our history.” Single-family zoning didn’t even exist 100 years ago, much less in 1869, 15 years after the Denny Party landed at Alki. Moreover, allowing people to retrofit their basements to produce rental income or add an apartment for an aging relative does not constitute a “threat to single-family neighborhoods”; rather, it’s a way for homeowners to stay in the neighborhoods where they live, and provide new people with access to those neighborhoods—a rare commodity in a city where the typical single-family house costs more than three-quarters of a million dollars. Kaplan even  suggested that “lame-duck politicians, who know they can’t get reelected” (four of the nine council members who voted for MHA are not running again) should not be “allowed” to vote on zoning policy, as if only universally popular politicians who plan to keep their seats forever should be allowed to vote in a democracy.

Kaplan isn’t done with his own fight against density. In an email to supporters last week, he vowed to continue appealing the environmental impact statement on the accessory dwelling unit proposal. Unlike some of Monday’s public commenters, Kaplan didn’t couch his opposition to density in concern for low-income homeowners or renters at risk for displacement. Instead, he was straightforward (not for the first time) about whose interests he cared about (emphasis mine): “Our ultimate goal: to negotiate a fair compromise that better meets the needs of all of Seattle’s homeowners,” Kaplan wrote. “Representing every Seattle neighborhood, our team of volunteers, professional consultants, and attorneys continue to advance our appeal to prove that the Environmental Impact Statement (EIS) is deficient and inadequate in studying and transparently revealing the true impacts to every Seattle property owner.

3. Right at the beginning of yesterday’s meeting, council members voted to move the nomination of interim Human Services Department director Jason Johnson as permanent director out of Kshama Sawant’s human services committee and into the select committee on homelessness and housing, which is chaired by Bagshaw and includes the entire city council. Sawant has opposed Johnson’s nomination, arguing that Mayor Jenny Durkan did not institute a “transparent and inclusive process” for choosing an HSD director, and has held multiple hearings to give Johnson’s opponents opportunities to denounce him publicly. On Monday, she cited the results of a survey of HSD employees that revealed widespread dissatisfaction with management, particularly among workers in the Homeless Strategy and Investments division. Sawant said the council was “stabbing [communities] in the back” with the “shameful” decision to move the appointment out of her committee. Bagshaw’s proposal passed 7-2, with Mike O’Brien joining Sawant in opposition to the move.