Twilight Zoning in Bellingham: Hearing Examiner Halts Seattle’s ADU Ordinance

Thursday, December 15, 2016

Hearing Examiner Halts Seattle’s ADU Ordinance

[Note: This article first appeared at NWCitizen]

In a decision that may have an impact on the planned update of Bellingham’s accessory dwelling unit (ADU) ordinance in 2017, Sue Tanner, the hearing examiner in Seattle, remanded to the Office of Planning and Community Development (OPCD) for further work their environmental impact Determination of Non-Significance (DNS) on the SEPA Environmental Checklist prepared for an update to Seattle’s ADU ordinance . Although the decision is not binding on Bellingham, aspects of the hearing examiner’s decision should have an indirect effect on the decision process on ADUs here.

As reported in the Seattle Times, “Seattle must halt a proposal to allow more and larger backyard cottages in order to conduct a more thorough review of potential environmental consequences, including the possibility that it could lead to gentrification.” Tanner’s decision states, ““The record demonstrates that the challenged DNS (determination of non-significance) was not based on information sufficient to evaluate the proposal’s impacts…” In fact, most of the questions in the SEPA checklist are answered “not applicable”. To think that the SEPA statement provides any useful information whatsoever in determining the long-term effects of the creation of ADUs in all of Seattle’s single family zoned areas is a risible notion.

As in Bellingham, certain ADUs are already allowed in the city of Seattle. The Seattle ordinance would greatly expand their use by allowing ADUs on smaller lots and even allow building of a cottage and an ADU on single lot, thus creating three dwelling units on a single family zoned property. The hearing examiner also found that the OPCD was not only the proponent but also the decision maker on the DNS, a clear conflict.

Not surprisingly, the same issues raised by Bellingham citizens during the Comprehensive Plan update this year were in play in the Seattle decision. These issues are the impact of parking, affordability, gentrification, public services/utilities, height/bulk/scale and lifetime effects. The examiner found that these aspects were not sufficiently studied.

Here, the city can expect a substantial push-back by citizens who, although generally supportive of carefully planned use of ADUs, suspect that Bellingham’s ADU ordinance update may be used to effectively eliminate single family zoning creating severe negative effects on the character of neighborhoods. The year 2017 may prove to be an interesting one for housing and land use decisions.

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The Rationale for Rental Licensing

There is the definitive experience of cities that have already adopted rental licensing and inspections in the face of exactly the same opposition as we saw in Bellingham over the last decade. Ultimately, each of these cities was proven correct in its resolve to move ahead to protect the safety and health of the renters. We already know that the city of Pasco, WA found that 15% of the units inspected under their program had serious life/safety issues. 10% had mold problems. A full 85% had problems of varying degrees. The city of Gresham, OR performed over 1600 inspections in 2009 and issued, as a result, over 4,000 citations. Lexington, KY performed inspections of units near the University of Kentucky and found that 50% had life/safety issues. Sacramento, CA began an inspection program during which one third of the units inspected had serious safety and health issues. The question why does anyone believe that the condition of rental housing here in Bellingham does not mirror that which is found in cities that have the statistics to show that time and time again the condition of rentals in our cities is problematic? All we have had to date from those who oppose licensing are broad statements by the landlords and their paladins that are completely and utterly unsubstantiated. The Zonemaven has searched in vain for the horror stories that these opponents of licensing and inspections have predicted. On the other hand, The Zonemaven did find over 100 cities that have licensing AND inspections without the catastrophic effect for the rental markets that the landlords would have you believe. (See this blog's sidebar at bottom left for list)

One Reason Illegal Rooming Houses Do Not Work

The limit for unrelated persons at a single family home rental is three residents. Leases are signed by three people who then invite additional renters to join them to lower per capita rental rates. The perverse effect is that rental rates tend to rise under these circumstances making it difficult for single families to rent single family homes. Some local rental agencies facilitate this practice.

"To say that a family is so equivalent to a ragtag collection of college roommates as to require identical treatment in zoning decisions defies the reality of the place of the family in American society, despite any changes that institution has undergone in recent years. Only the most cynical among us would say that the American family has devolved to the point of no greater importance or consideration in governmental decision making than a group of college roommates." (Stegeman v. City of Ann Arbor)

That being said, accommodation ought to be made for protected classes, especially non-traditional unions and group houses for the disabled. These classes are laid out in federal and Washington State law.