Tag: multifamily housing

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.

Looking for Common Ground Between Anti-Tax and Pro-Housing Advocates

During the overheated debate about the head tax—a tax on high-grossing businesses that would have funded housing and services for Seattle’s homeless population—it was easy to see the overlap between neighborhood groups that opposed the head tax and neighborhood groups that oppose zoning changes on the grounds that density will ruin the “character” of their exclusive single-family neighborhoods. Anxiety about visible homelessness and anxiety about visible renters often takes a similar tone: Spending on homelessness will encourage more of “those” people to come to Seattle, and allowing triplexes or apartment buildings in single-family areas will allow more of “those” people to live in “our” neighborhood. As SEIU 775 president David Rolf told the Seattle Times , the companies that funded the head tax repeal campaign “targeted conservative voters, residents who miss old Seattle and people upset over street camping, among others. ‘They figured out how to knit those groups together[.]'”

At the same time, I noticed a surprising counter-trend among some head tax opponents: While they expressed many of the same reasons as traditional neighborhood activists for opposing the tax (bad for business, the city needs to show progress before we give it more money, and so forth), they also argued that the city should open up its restrictive zoning codes to allow more housing in all parts of the city—an idea that’s anathema to most traditional neighborhood groups. (The first time I heard this argument, as it happened, was during an over-the-top vitriolic town hall meeting in Ballard, from a guy who kept screaming directly in my ear, “NO HEAD TAX! CHANGE THE ZONING!”) This is an argument you hear all the time from urbanists and YIMBYs—who, generally speaking, support policies that encourage more housing at every income level—but I’d never heard it coming to someone who opposed a tax that would have paid for housing. I wondered: Could this be a rare area of common ground between anti-tax and pro-housing advocates?

So I put a call out on Twitter, asking people to contact me if they opposed the head tax and supported reducing restrictions on where housing could be built in Seattle. Quite a few people got back to me, and I had a number of interesting offline conversations from people who didn’t want to be quoted, but who gave me some hope that even in the absence of new revenues to address our current crisis (revenues, I should add, that I still think are desperately needed), progress is still possible.  This isn’t data—the people who responded, all men, represent a tiny, self-selected slice of the larger group of Seattle residents who oppose the head tax and support density—but it is an interesting look at why at least some people who opposed this specific tax are open to other solutions, and why increased density might be an area where people on both sides of the head tax issue can agree.

“Deliberately Divisive”

Mark (not his real name) is a thirtysomething tech worker and longtime Seattle resident who lives on Capitol Hill. He considers himself socially liberal and fiscally conservative—the kind of person who votes for taxes if he thinks they will make an actual, measurable dent in solving the problem they’re supposed to solve. Mark says he opposed the head tax because the spending plan for the tax failed to identify how it would address different homeless populations with different needs (people in active addiction or with debilitating mental illness will need different approaches than, say, someone who has just lost their job and is living in their car); because the city isn’t acknowledging or addressing the problems created by tent encampments; and because he doesn’t trust the city council, particularly Mike O’Brien and Kshama Sawant, to spend the money well.

“In my time as a Seattleite, I’ve never seen council members as deliberately divisive as those two, and they’ve fractured the council into a group of individuals who can’t actually accomplish anything. I miss folks like Tim Burgess and Nick Licata (and on the KCC side, Dow Constantine). I often disagreed with their opinions, but they were truly interested in talking with everyone and doing what was best for the city,” Mark says. He believes that O’Brien and Sawant “would rather fund an  ineffective solution than release information that reveals it’s ineffective, and continue to willfully ignore encampments as long as homelessness or even affordable housing hasn’t been solved.”

Mark says he would “love to see …  a significant city-wide upzone.” He believes 2015’s Housing Affordability and Livability Agenda, which recommended upzoning a tiny sliver of Seattle’s single-family areas, is “laughably inadequate” and that the “grand bargain,” in which developers agreed to pay into an affordable housing fund (or build affordable housing on site) in exchange for higher density, has failed. “The HALA Committee proposal left too much of the city untouched, and what was passed was a notch above nothing.” While it’s reasonable to debate the maximum height of buildings in different areas, he says, “What isn’t reasonable is the city acting like it’s still 1995 (and yes, I lived here then), nor using its own policies to protect certain groups at the expense of others. Just like it would be insane for the city to say ‘You can’t build a single family house here,’ it’s insane to say ‘You can’t build a multifamily building here.'”

“At some level, we need to acknowledge that not everyone who wants to live in Seattle is going to be able to afford it, let alone be able to afford a place they want to live in. I’d love for that threshold to be as low as we can practically make it; IMO, re-zoning is the single biggest impact we can make on that, followed by allowing smaller units (pods), and incredibly, both of those are free to do.”

Support

“There Is No Plan”

Neil, who owns a duplex and four-unit apartment building on Beacon Hill (and lives, with his wife, in one of the apartments), has worn a lot of hats in his life: Business owner, CPA, landlord—he even ran a “distressed fishing lodge” in Alaska for a number of years. An independent who mostly votes for Democrats, he says he has supported most of Seattle’s recurring tax levies, but voted against the most recent Sound Transit ballot measure “because of my frustration with recent governance in Seattle, and [because] the $50 billion price tag was too big to decipher.”

Neil says the main reason he opposed the head tax was because it was “too small,” because it applied only to a narrow group of businesses (those with gross receipts above $20 million a year), and because he did not have confidence that the city council and the progressive revenue task force that recommended the tax were starting with the right goals or had the right expertise for the job. “The annual tax raised by the original [head tax] proposal [during last year’s budget discussions] was $24 million, then it was $75 million but really needed to be $150 million but they settled with $47 million.  My observation: The council concentrates more on how much money they can generate rather than what is needed and how it will be used.  Whether real or perceived, it feeds the narrative of ‘there is no plan,'” he says. Additionally, he says, council members and advocates who campaigned for the head tax by vilifying Amazon were being “cynical and destructive to the well being of Seattle. … Good policy should stand on its own, at least in principle.”

Neil, unlike Mark, doesn’t support major citywide upzones; he thinks that allowing more attached and detached accessory dwelling units (backyard and basement apartments) in single-family areas, and implementing the HALA recommendations throughout the city, will do a lot to address the current housing shortage. “Personally, I am fine living in and amongst apartments,” he says.  “But my situation is unique and we are not surrounded by five-story buildings.  ADU[s and] DADU[s] seem to be low-impact personal housing alternatives. [They] also promote investment and vitality at a neighborhood level.”

“We Need WAY More Density”

Jeff, a software engineer who has lived in Seattle twice, for a total of about 15 years, owns a house in the Green Lake/Roosevelt area, on a block where two single-family homes are being torn down and replaced with larger single-family houses. He says that although he has consistently voted to raise taxes for housing, education, and transportation, he opposed the head tax because he “disliked the ‘stick it to the rich’ sentiments behind” it, and believes it punishes high-grossing, low-margin businesses, like grocery stores and restaurants. (Saul Spady, the grandson of Dick’s hamburger chain Dick Spady, made this argument in his PR campaign against the tax, for which his consulting firm was  paid at least $20,000).

Jeff believes that, had the head tax passed, companies might choose to locate in the suburbs, rather than in the city proper, working “against the trend towards a higher density city, which is the direction I think we should be moving in. ”

“I think we need WAY more density,” Jeff says. “Traffic sucks, but high density should make transit more viable and also means there are enough people within walking distances to support local businesses without driving.” In particular, he says he would support removing “almost all” restrictions on basement and backyard apartments in single-family areas, allowing row houses and triplexes in those areas, getting rid of parking mandates for new developments, and reducing restrictions on efficiency apartments and rooming houses, which “traditionally have provided housing for low-income people.”

“For those currently on the street, even building complexes of semi-permanent buildings with sanitary facilities and availability to drug treatment would be a step up,” Jeff says. “I don’t know the costs and also there are some that wouldn’t want to go there, but people setting up camp in the parks and on highway medians isn’t acceptable for them or for everyone else.” Locking people up when they refuse to go into shelter or treatment is too expensive, doesn’t work, and leads to a lifetime of misery, Jeff says. “We can offer people something pretty good for much less than the cost of prison.”

“Upzone Like Crazy”

Andrew is a longtime Seattle resident who lives in a townhouse in South Seattle and works in finance for a telecomm company in Factoria. He says he’s “definitely on the liberal end of the spectrum—he voted for Cary Moon in the primary and general elections last year—but he “tend[s[ not to support the kinds of solutions provided by Kshama Sawant or Nikkita Oliver that engage in class warfare at the expense of good, progressive policy.”

Andrew’s concern about the head tax stemmed from the fact that it “appeared largely to demonize Amazon despite its broad impact on large headcount businesses that don’t necessarily share Amazon’s profit structure. … It is not, generally speaking, the fault of business that the city has not absorbed its growing population or kept housing in check,” he says. Another problem with the head tax, he says, was that its spending plan would have gone all-in on building new housing (which can cost more than $300,000 a unit) instead of spending more on less-expensive solutions like services, diversion, treatment, and rent subsidies until housing supply can catch up with demand.

To that end, Andrew says, “the city needs to upzone like crazy. … I honestly see no reason why all of the single-family zones in the city shouldn’t be upzoned to” low-rise 2 or low-rise 3, which would allow townhouses and two- or three-story apartment buildings. “My townhome has earned as much money in appreciation as I have at my six-figure job in the two years we’ve lived here” thanks in no small part to Seattle’s housing shortage, he says. “This is ridiculous rent-seeking and I don’t need it, nor does any other homeowner who bought in the good old days”. I would rather see housing prices decline to 2010 levels in the city if it meant that everyone had a place to live.”

“In my ideal world, people would be prohibited from living on the street because we had ample shelter, services, care, and support to provide to them through official channels. Only then do we have the right to chase them from view.”

“A More Collaborative Process”

Ian, a city employee who lives in a four-bedroom house in North Seattle with his wife, two children, elderly in-laws, and a roommate, has always voted for every housing, education, and transportation levy, but says he has started considering such measures more carefully in recent years, given the rising cost of living in Seattle. He opposed the head tax because of its potential to cause what he calls “collateral damage”—impacts on companies other than Amazon and “Big Tech” firms that could have easily absorbed the cost of the $275-per-employee tax.

For example, Ian says, “I have a friend who’s a longtime Nucor employee; apparently his management told them point blank that if the tax had passed in its original ($500) form, the plant would close. That mill’s been here for over a century and is not part of the reason why housing and living costs have skyrocketed, so why ‘punish’ them and their employees? How many other businesses like that would meet a similar fate?” Ian says he was also concerned that grocery chains would have increased prices to offset the tax, which would have disproportionately impacted homeless and rent-burdened people. (This was a point hammered home by head tax opponents, who frequently argued that the cost of groceries would go up if the tax passed. Before the head tax was repealed, a phone survey asked Seattle residents whether they would be more or less likely to support the tax if they knew it would raise their grocery prices.)

Ian, like  Neil, believes the progressive revenue task force was the wrong approach; if the city wanted to come up with a tax that would enjoy wide support, he suggests, they should have created  “a more collaborative process, like what happened for the minimum wage increase. I thought it was weird that the Council didn’t pursue a similar strategy for the head tax, and cagey that the Council seemed to avoid talking about which specific business would actually be affected outside of the tech industry.” As I noted after Amazon and other big businesses launched their formal campaign to kill the head tax, former mayor Ed Murray took a much different approach to passing the $15 minimum wage, bringing reluctant businesses, labor groups, and activists to the table to hammer out a compromise everyone was willing to sign off on before rolling it out in a press conference that featured some of the same players who gave thousands of dollars to the anti-head tax campaign.

Ian supports “eliminating single family residential zoning in its current form” altogether, but adds, “I don’t think that the market will solve affordability by itself; having worked in private sector construction management, I know for a fact that it won’t. Developers primarily want to build more expensive housing for incoming tech workers and that’s not going to change any time soon. But zoning changes could still have a significant effect on availability and pricing.” This is the argument made by many urbanists, who point out that if developers can’t or don’t provide huge amounts of housing at the high end to accommodate the thousands of new workers who move to Seattle every year, they will be forced to compete for existing mid-range housing, driving up prices all the way down the line. And today’s high-end housing is tomorrow’s mid-range housing. Ian also supports “open[ing] up City-owned land for dedicated low-income housing development, to help more people on the edge keep from falling into homelessness.” A new law that just went into effect this month allows government agencies, including the city, to provide land to housing developers for free if it fulfills a public purpose; this could lead to more housing on public land, and will, in theory, create an incentive for the city to hang on to property it owns instead of selling it to the highest bidder for a one-time profit.