Category: Development

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.

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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.

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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.”

Showbox Building Owner Terminates Lease Amid Preservation Discussions

Earlier tonight, the city council’s Civil Rights, Utilities, Economic Development, and Arts Committee voted to extend a temporary expansion of the Pike Place Market to include the Showbox, with new council member Abel Pacheco abstaining. Tomorrow afternoon, the city’s Landmarks Preservation Board will hold a hearing on a proposal to designate the building—which was deemed inappropriate for landmarking back in 2007—as a historic landmark.

Perhaps more consequential for the future of the Showbox, however, is the fact—being reported for the first time here—that the owner of the Showbox building, Roger Forbes, has terminated the Showbox’s lease.  In a letter written in April and obtained exclusively by The C Is for Crank earlier today, Forbes’ representative, Eric Forbes, told the Showbox’s owner, Anschutz Entertainment Group, that he is “writing to advise you in advance that your lease of the Showbox at 1426 1st Ave. in Seattle will not be extended or renewed at the expiration of its term.”

AEG’s lease on the Showbox expires in January 2024, and includes a clause that allows the owners to end the lease early if they decide to develop the property. That was the plan until council member Kshama Sawant got wind of a proposal to build a 44-story apartment building on the property last year and launched an effort to “stop corporate developers” by “saving the Showbox.” In the months since, “Save the Showbox” has turned into a polarizing rallying cry, pitting a mostly white, middle-aged crowd of music fans and historic preservationists against urbanists who want more housing in dense neighborhoods (and downtown is the city’s densest). Those same urbanists point out that the council voted just two years ago to upzone the Showbox building for precisely the kind of development Forbes proposed, and is now trying to walk back that decision.

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In addition to the various efforts to landmark or otherwise designate the building as historic, the owners are also locked in a lawsuit against the city, which is scheduled for trial later this year. Late last month, the city and the building’s owners filed motions for summary judgment—the city seeking dismissal of the case, and the owners seeking to void the Market expansion ordinance. King County Superior Court Judge Patrick Oishi will hear oral arguments from both sides on Friday, June 21.

Also last month, the nonprofit group Historic Seattle expressed their interest in buying the building from the current owners, asking them to put their lawsuit on hold for a year while the group cobbled together funding from philanthropists. In exchange, Historic Seattle offered to call off its efforts to landmark the Showbox. It appears that those conversations, too, are deadlocked.

If Forbes holds on to the property, the Showbox will have to close down or move by the beginning of 2024 at the latest. Two events could change that timeline. In the first scenario, the landmark effort and the effort to permanently expand Pike Place Market and subject the Showbox building to the Market’s restrictions on development could fail and Forbes could sell to a developer as originally planned, shortening the timeline. In the second, one or both of the preservation efforts could succeed and Forbes could decide to sell the property, either to Historic Seattle or another group that has not yet emerged. Both those scenarios involve a lot of hypotheticals. Forbes has said he’s open to a serious offer, but he has also made it clear what kind of offer he considers “serious”—something right around $40 million, the amount his ownership group was set to earn from the sale to Onni, the Vancouver developer that had planned to buy the building, and the amount for which he originally sued the city.

Another fact worth considering is that Forbes appears to be fired up at the idea that AEG is working against the owners of the Showbox building by working behind the scenes to support the “Save the Showbox” effort. “From discovery in the litigation to which the City is a party, it has come to light that the City in part became an advocate for the business interests of AEG, a major corporate entity,” the letter says. “Through various efforts, it also appears that Historic Seattle acted at the behest of AEG.” And every Showbox employee who shows up to public hearings in a Showbox shirt and talks about the need to save the Showbox is, of course, an AEG employee.

In a letter to committee chair and “Save the Showbox” advocate Lisa Herbold this past Monday,  Forbes’ attorney, John Tondini, wrote that every council member who has discussed the Showbox legislation with AEG, its employees, or Historic Seattle should recuse himself or herself from voting on the historical district extension, and that “any councilmember who has voiced support for retaining the current use of the property or met with local music group promoters, artists and the like, is not a neutral, unbiased decision maker and should step aside and not participate.”

Also today, Herbold mentioned that Mayor Jenny Durkan and the Department of Neighborhoods (which is overseeing the study of the Pike Place Market expansion, which was supposed to be complete in March) argued in public comment tonight that the city should add more properties besides the Showbox to the Market expansion—raising the specter of an earlier proposal that would have put most buildings along First Avenue from Virginia to Union Streets inside the Market. (I wrote about that proposal, which would have imposed strict controls on what kind of businesses would be allowed in buildings within the expansion boundary, whether they could be remodeled, and how and whether they could be redeveloped, last August). It’s unclear which specific properties the preservation advocates want to include in the Market.

The legislation to extend the Market expansion goes to the full council next Monday.

 

“We Have to Give Them Discipline,” and Other Things I Heard Moderating Three Council Candidate Forums

As I mentioned on Twitter last week, I wasn’t able to live tweet from three of the MASS Coalition-sponsored candidate forums (for city council districts 2, 4, and 7) because I was moderating them. However, I did make sure to record each forum so that folks who didn’t attend (and those who don’t have time to watch all three when the videos become available on Youtube) could catch some of the highlights.

This is absolutely not a definitive guide to where the 24 candidates who showed up for these three forums (out  stand on transportation and housing issues. Instead, it’s a selection of quotes that jumped out at me as I was moderating these forums, which give a flavor of where some of these candidates stand on a long list of questions that ranged from how they’ve tackled racial inequity to how they would address traffic violence, homelessness, and whether solowheels should be allowed in bike lanes (OK, that one was just District 4 candidate Frank Krueger).

The quotes I’ve chosen to highlight are ones that were unique in some way, either for their specificity, the fact that they made a candidate stand out in a group of candidates whose answers were all similar to one another’s, or because they suggested unique solutions to problems that every candidate in every race is grappling with. (In some cases, the answers that stood out did so because they were were off point or outrageous in some way, as you’ll see). The responses in these transcripts have been lightly edited for length and clarity.

For detailed information on each candidate, I suggest you visit their websites, which are all available on the Seattle Ethics and Elections Commission website.

District 2 (Southeast Seattle)

“I oppose redevelopment or privatization of Jefferson Golf Course. It’s part of our fabric and we need to keep it.” – Mark Solomon, running in District 2

Ari Hoffman, in response to a question about how to house people with barriers to traditional housing, such as mental illness, disabilities, or substance use disorders:

“If you look at what happened with Licton Springs and a lot of the other low-barrier encampments,  the problem is that we weren’t treating the problems. We’re allowing them to come in, bringing their problems with them. We’re not assigning them social workers, we’re not making sure that treatment’s available. If you just just bring them into housing, you’re going to have the exact same problems that they had without housing. I know this from my own personal experience with my family: If you just give them everything, that’s enabling behavior. We need to make sure that they have the treatment they need, and that they have a support system they need.”

Tammy Morales, in response to the same question:

Image result for tammy morales seattle“For those who are chronically homeless,  providing treatment and services to those people is not giving them everything. It’s actually treating some of the issues that they have, and we need to do more of that i we’re really going to talk about transitioning folks into housing that they can stabilize in. And we do that by expanding the LEAD program, which is proven to be effective at helping people get into housing permanently. The navigation teams that we have are a waste of money. It’s unconstitutional, it’s not effective, and it wastes taxpayer dollars.”

Mark Solomon, responding to a question about protecting and expanding green spaces in the South End:

“The last thing we should be doing is removing the green space that we have in our community already. I oppose redevelopment or privatization of Jefferson Golf Course. There are a lot of trees, a lot of open space. and it’s community asset. It’s part of our fabric and we need to keep it.”

Chris Peguero, on the need for safe and accessible bike facilities:

We have a Bike Master Plan, and we need to build it. I [am concerned about] the expense of building protected lanes. I think we need them, but how do we build them? There was a dramatic number that came out about how expensive it was per mile. But if there’s a better way to do that is less expensive [we should do that]..The other concern that I have is making sure that bikes are accessible to all families. I think for the most part, communities of color oftentimes don’t think of bikes as an option. Bike cultures are often very white and male. So how do we build that access?”

District 4

“[Queen Anne and Wallingford] are what they are today because of the zoning that it existed before the mandatory downzone in 1957.” – Sasha Anderson, running in District 4

Cathy Tuttle, on strategic sidewalk construction:

Image result for cathy tuttle seattle city council“About 27 percent of Seattle streets do not have sidewalks. And the reason that we can only afford to put in about 10 blocks of sidewalks a year is that they cost so much. They cost about $300,000 per block face. That means close to half a million or sometimes $1 million per block. I think that there’s a role for home zones— streets without sidewalks where we can slow streets down, where cars are guests. I see sidewalks is having a lot of embedded carbon and a lot of stormwater impact. I don’t think we need sidewalks everywhere. We need them some places. Certainly with safe routes to school, safe routes for seniors. But  there are a lot of places where sidewalks are not the answer.”

Sasha Anderson, on the need to upzone single-family neighborhoods:

“In 1957, there was a mandatory downzone in Seattle. Before that, some of our most desirable and livable neighborhoods —Queen Anne and Wallingford, which are spoken about in the Neighborhoods for All report, were a beautiful mix of single-family houses, triplexes, duplexes, multiple houses on one lot, and it worked. Those neighborhoods are what they are today because of the zoning that it existed before the mandatory downzone in 1957. I think this is so important to bring up because it just shows that we already know this type of zoning works. It is not something that is scary. It is something that makes neighborhood livable, affordable, and provides easy access to transit, and it’s something that we should return to.”

Shaun Scott, on the need for progressive taxes at the city level:

Image result for shaun scott seattle

“I’d like to see a retooled employee head tax. I would like to see the city use a real estate speculation tax, I would like to see congestion pricing. I would like to see the city dip into its bonding capacity, because long-term fiscal solvency is not really going to be worth much where we’re headed at this rate, and I’d rather have a planet that we can live on in 40 years as opposed to a credit rating that we cannot use it because the world is literally on fire.”

Joshua Newman, on the city’s policy of moving encampments from place to place:

“Fundamentally, people are living in tent encampments because they have nowhere else to go, and chasing them around to somewhere else  is just throwing good money after bad. But it’s also not compassionate to just allow our neighbors to continue to live under the freeway and people’s porches and on the side of the road. So in the near term, we need to establish FEMA- style tent camps like we do after natural disasters. And I think we need to establish them in each of the seven [council] districts around the city. After that we can start working on more permanent solutions such as the tiny homes, additional mental support, etc.”

District 7

“When I drive, nothing infuriates me more than when there’s a biker in front of me and they’re not in the bike lane.”—Daniela Lipscomb-Eng, running in District 7

Andrew Lewis, on the need to replace the Magnolia Bridge at a cost of up to $420 million (which all nine candidates who showed up for the District 7 debate supported):

“A big part of shaping the neighborhood of Magnolia is going to be maintaining that essential connection to the rest of the city. The Magnolia Bridge serves 265 Metro buses every day, it’s the biggest mass transit connection that Magnolia has to the rest of the city. As I doorbell in Magnolia, I meet a lot of renters, and in some areas, including Magnolia, they are completely dependent on the bridge. They’re the ones who would be impacted most by removing it. And I think as we start tackling these conversations about densifying Magnolia Village, densifying at 34th and Government, it makes a lot of sense to replace the bridge.”

Michael George, same question:

“We should’ve been reserving for the Magnolia Bridge for a long time. We didn’t do it. That’s on city government, not on the people of Magnolia. So we have to replace that bridge. I think the biggest opportunity to add affordable housing in the city, definitely in our district, is Interbay. We’re going to have the light rail system running through there. We can not continue to put more traffic through 15th. We are also going to need to move cars through there.  I am going to do everything I can to replace that bridge and I’m also going to do everything. I can to connect it to density in Magnolia as well as developing Interbay the way it should be, which is with a lot of affordable housing.”

Daniela Lipscomb-Eng, in response to a question about how to make biking safer and accessible to everyone:

“When I’m in my car—because I do drive, I have four young boys under the age of five—nothing infuriates me more than when there’s a biker in front of me and they’re not in the bike lane. So I’ve went to the Cascade Bike Club and I asked them why, why do people do this? And they said to me that the street cleaners do not fit on these protected bike lanes, and so they’re full of garbage, full of glass, full of needles, and they’re dirty. So let’s work with the bike clubs and let’s work with these new bike lanes that we’re putting in to ensure that the city can clean them so that if bikers are going to use them, that they’re safe.”

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Jim Pugel, same question:

“We promised the Move Seattle levy voters that we were going to get ‘X’ amount of money to advance the bike use program, and they say now that it’s too expensive, so we have to cut some. [If we’re going to do that], then we have to take the same rate or the same amount of cuts to the Rapid Rides, to the sidewalk improvements, to the bridge improvements, to everything else, at the same percentage. It’s only fair. If we don’t, then we lose trust with our voters.”

Don Harper, on how he would deal with encampments in District 1:

“I would remove them. One thing that’s happened is that we have lost contro of our city and we had an opportunity to start to correct this years ago and we just played around and we’ve been playing around with it for since Murray was elected. What I think we have to do is we’ve got to get our city back, because just in the same way we treat our children, we have to give them discipline, the same thing has to happen with [the homeless population.]”

Morning Crank: “It Is Little Wonder that Many Good People Won’t Consider Public Service.”

 

1. Learn to trust the Crank: After I reported last week that the nomination of Jason Johnson, Mayor Jenny Durkan’s pick to head the Human Services Department, was on the rocks, Durkan withdrew his name from consideration, trashing the city council in a bitter and harshly worded statement for holding up the nomination with a “never-ending confirmation process.” Durkan’s office also confirmed that they would not submit a new nominee for consideration; instead, Durkan plans to keep Johnson on as an unappointed interim director “through at least next year,” according to Durkan’s spokeswoman Chelsea Kellogg.

Durkan appointed Johnson as interim director in May 2018, and did not forward his name to the city council for permanent appointment until New Year’s Eve. As a result, Johnson served for nearly seven and a half months before Durkan officially nominated him to the position. Since then, however, Durkan has emphasized the urgency of moving his nomination through as quickly as possible.

“The Council’s failure to follow its own procedures or give Jason a fair confirmation process has been harmful to the work of the Human Services Department, impaired our effort to respond to the homelessness crisis and has been deeply unfair to a person that has served this city tirelessly on one of the toughest issues facing our city, region and country,” Durkan said in the statement. “It is little wonder that many good people won’t consider public service.”

“City Council has done something remarkable: nothing. The City Council’s inaction has done a disservice to Jason, to Human Services Department employees, and to the ability of the City to focus on the crisis of homelessness.” — Statement from Mayor Jenny Durkan’s office announcing her decision to pull Jason Johnson’s nomination as head of the Human Services Department

Durkan (later echoed by the Seattle Metropolitan Chamber of Commerce) placed the blame for the length of the nomination process squarely on council member Kshama Sawant, who advocated for a new nomination process and refused to bring Johnson up for a hearing  in her human services committee. That may have been true initially, but once Johnson’s nomination was moved to a new committee, Sally Bagshaw’s Special Committee on Homelessness, it became increasingly clear that he didn’t have the votes to win confirmation. (In her statement, Durkan said that no one on the council except Sawant had “expressed publicly or to Mayor Durkan that they are opposed to Jason.” Last week, two Durkan staffers asked me to tell them which council members had expressed concerns to me about Johnson.)  

Council members raised questions in Johnson’s first confirmation hearing, on March 28, about low morale among HSD staff, particularly in the homelessness division, which he attributed to the fact that the agency is in the middle of a time of “instability” and “immense change,” including the new mayoral administration. (The fact that the city and county are planning to merge their homelessness programs into a single regional agency is also causing heartburn in the department). Some HSD employees and members of the Seattle Silence Breakers have also raised concerns about Johnson’s commitment to race and social justice, an issue that also came up at his confirmation hearing.

Council members were unavailable Monday to talk about Durkan’s decision to pull Johnson’s name from consideration. If Johnson does remain in his position through next year, he will be working with a much different council; all seven district council positions are on the ballot this year, and four incumbents are not seeking reelection.

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2. On Monday, the council appointed its newest member to replace Rob Johnson, who resigned his District 4 (northeast Seattle) council seat seven months before the end of his term:  Abel Pacheco, currently the strategic engagement director at a University of Washington STEM program. Pacheco, who has sought a position on the council twice before (once in 2015, when he ran for the seat Johnson won, and once in 2017, when he sought appointment to a different council seat), was one of ten candidates running for the permanent District 4 position but has committed to dropping out of that race. Pacheco will chair the council’s land use and zoning committee, which will take up legislation that would make it easier to build accessory dwelling units, as well as a proposal to upzone University Way Northeast, which Johnson stripped from the Mandatory Housing Ability plan adopted last month.

3. Also Monday, the council voted to move the $219 million Libraries for All levy proposal—amended to include additional library hours, programs for kids, and outreach workers for homeless youth—to the August ballot Monday. But even before the levy plan hit the mayor’s desk, anti-tax newspaper pundits were spinning the numbers to represent the new levy as a shocking increase over 2012’s $123 million proposal. The Seattle Times reported that the original levy proposal, at $213 million, represented a “73 percent increase” over the levy adopted in 2012. On Monday, the Seattle P-I’s Joel Connelly inflated that amount to a “doubling” of the levy, a claim that would be inaccurate even if inflation and population growth did not exist, as $219 million is not twice as much as $123 million.

But inflation and population growth do exist. Since 2012, the city has grown by more than 100,000 residents, and the value of a median house has more than doubled, from $361,000 to $726,000 last year. As a result, the actual levy that’s being proposed this year—that is, the number of cents levied per $1,000 of property value—is lower than it was in the initial year of the 2012 levy.  That plan raised property taxes by 15 cents per $1,000 of assessed property value in 2013. (The actual assessment needed to raise $123 million went down in successive years as property values spiked.) The new plan raises taxes just over 12 cents per $1,000 in 2020—an amount that will also decline if property values continue their skyward trajectory.

Don’t expect to see accurate representations of property taxes in the Seattle Times or PI, though. Instead, get ready for three more months of misleading figures and tirades against “tax fatigue,” all capped off with a Times editorial urging a “no” vote on the levy in July.

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.