It is time to take action to prevent Seattle Public Utilities (SPU) and and other agencies from mandating egregious and non-code-supported project-crushing exactions. Those seeking to acquire development permits must become aware of the limits of authority within permitting agencies, including but not limited to the City of Seattle. It is time for those using the permitting process to understand and assert our rights and expect permitting departments to adhere to the required code to ensure fair, reasonable, consistent, and predictable permitting outcomes.

To address this challenging concern, Donna Breske & Associates is proud to announce a Permitting Impediments Presentation Forum to take place both virtually and in-person at Seattle University Campus, Casey Commons Building Room 530 on Wednesday April 26, 2023 from 10:30am to 2:30pm. Registration and payment at Squadup.com/72452. 

Don’t miss this opportunity to be on the forefront of the shift to swing the pendulum to require permitting agencies to review and issue building and development permits within the limits of authority per code. SPU and other agencies are not properly adhering to state law as they set fees. The presentation will dig into how this code drift has happened and what you can do to protect your projects.

Fees for connection to new water service are limited to that allowed per Washington State RCW (Revised Code of Washington). Accordingly, fees must be established via ordinance by local jurisdictions. Those fees, whether direct or indirect, are limited to an equitable share of the impact of the development.   

For a current 2-lot short plat development in the City of Seattle, the additional water service required is one new 1-inch water meter. The applicable fee that the City can charge to mitigate for the impact of the new service is the fee of $7,980 that was established per City ordinance.

Despite the fact that an existing water main is available for the new connection, the City of Seattle issued a WAC (Water Availability Certificate) requiring 270 feet of new water main to provide a desired gridding connection between two existing parallel water mains.

The anticipated cost is $500,000 to install the 270 feet of water main. This is considered an indirect fee since the applicant bears the cost of the installation, however the City benefits from the new water main gridding.  It is also a duplicate fee in addition to the $7,980 connection fee.

SPU asserts verbiage created in their Director’s Rule DR 440-WTR provides the authority to required upgrades: “VIII. Distribution Water Main Extensions – The cost of the water main extension is borne by the applicant.“

However, a Director’s Rule is an administrative document, not code. Administrative documents cannot overstep the authority allowed per codes, including the overarching code of Washington State.  

There are four significant limitations for the collection of fees per our Washington State RCWs. The city of Seattle and the agency of SPU therein, have limited authority to charge new water service connection fees per Washington State Law:

1. Connection charge is limited to equitable share: RCW 35.02.025
2. Arbitrary and duplicate fees not allowed:  RCW 82.02.050(1)(c)
3. Indirect Fees are not allowed: RCW  82.02.020
4. Fees must be established by Ordinance RCW 82.02.050(1)(b)

SPU is an agency within the executive branch of the government. The mandates within Director’s Rule DR 440-WTR overstep the limits of authority. The only method allowed for establishing fees for new water connection is via the City ordinance process which includes opportunities for public input and vetting by the legislature (i.e., the Seattle City Council). Ordinance process ensures the fee is consistent with the applicable RCWs to ensure the fees are equitable and are not duplicated via an indirect fee.

Obtain tickets to the April 26 presentation at Squadup.com/72452.

The post Join for Permitting Impediments Forum on April 26 first appeared on The Urbanist.

6:30 – 7:15pm Open House
What will happen at the Open House? Attendees will have a chance to discuss policies and proposals with City staff one on one. When you get all your questions answered you can enjoy the history of Seattle by visiting the rest of the museum.

7:15 – 8:00pm Program
The Mayor and his Department Directors will be on stage to do an update on how they see the vision of a vibrant Seattle coming through the programs they lead. This program will be lively and fun.

8:00 – 8:30pm Q&A with Mayor Murray

When and Where:
Tuesday, April 19th, 2016
6:30 – 8:30pm
Museum of History and Industry (MOHAI)
860 Terry Ave N, Seattle, WA 98109

HALA – Move Seattle – Plan for Community Centers – Equity and Environment – Arts & Culture – Off Leash Area Plan – Community Planning – Anti-Discrimination

The post Join Us For Livability Night Out! first appeared on The Urbanist.

Apply to join a Community Focus Group. The deadline to apply is Friday, February 26th for the general public, and Friday, March 11th for non-English speakers.

Background

Some of you are familiar with the City of Seattle’s Housing Affordability and Livability Agenda (HALA). Last year, Mayor Murray and the City Council called together leaders in our community to help develop a bold agenda for increasing the affordability of housing by convening the HALA Advisory Committee. The 28-member committee included renters and homeowners, for-profit and non-profit developers, and other local housing experts. After months of deliberation, they reached consensus in July and published a report with over 60 recommendations. (You can read more about it here.) Now, the City of Seattle needs your help in guiding implementation of some of the HALA’s proposals.

One of the recommendations is a new Mandatory Housing Affordability (MHA) program. MHA would require that all new multi-family and commercial developments either include affordable housing units on-site or pay an in-lieu fee to support the development of new affordable housing. MHA would create housing reserved for community members earning 60% of the Area Median Income (AMI) or below – an annual income of about $38,000 for a single person household or $54,000 for a family of four. MHA is expected to create a total of 6,000 new affordable units over the next 10 years.

In order to implement the new MHA program, the City is considering allowing developers to build slightly higher or slightly more floor area in some places. This exchange is both part of the “Grand Bargain” hammered out by members of the HALA committee, and allows the City to make use of a state-approved program used by other cities in Washington. In many cases, this may mean about one more story could be allowed by zoning in a development on an existing multi-family or commercial lot. The changes focus on lands already zoned commercial or multi-family or within urban villages. So, the proposal is in line with existing plans for growth, including Seattle 2035. MHA program areas would be those near our shared investments in transportation, open space, and more.

Why participate?

While the MHA program and other HALA proposals were outlined in broad strokes, many of the details still need to be worked out. We want to know how you think the proposed policies can be implemented well in your neighborhood. Your input will help shape the MHA program and other HALA proposals.

Should there be a focus on certain types of housing like family-size housing? What should the specific height and floor area increases for MHA be? Are there ways urban design of new buildings can be improved when we implement MHA?

These are just a few of the questions members of the Community Focus Groups will address in detail. Community input received in the focus groups and through other HALA community engagement will have considerable weight in the design of the final programs.

Community Focus Groups – who should participate?

Broad representation within focus groups is critically important – including renters, homeowners, members of immigrant and refugee communities, longtime Seattle residents, newcomers, and more. Each of Seattle’s Urban Village areas will be represented by 3 or 4 members of those communities, with a diversity of perspectives present at each meeting.

What about traditionally underrepresented groups?

The City and our public process need your participation. We are dedicated to bringing together diverse groups that reflect the demographics of our city. Please apply if you are a member of a traditionally underrepresented group, including racial or ethnic minorities, immigrants, refugees, or non-native English speakers. Applications are available at www.Seattle.gov/HALA in following languages*:

• af Soomaali (Somali) – Arjiga Kooxda Mujtamacd lagu Jeedo ee sanadka – Ajandaha Guryo la Awoodo oo lagu Noolaan Karo
• Español (Spanish) – Solicitud para el grupo de enfoque comunitario – Agenda de vivienda económica y habitable
• Tagalog – Aplikasyon para sa Komunidad sa 2016 – Adyenda Para sa Abot kaya at Magandang Pamamahay
• 中文 (Chinese – Traditional) – 2016年社區焦點小組申請表 – 經濟適用型住房建设計劃
• Tiếng Việt (㗂越) (Vietnamese) – Đơn Xin Hội Thảo Cộng Đồng 2016 – Chương Trình Nghị Sự Trợ Giúp Nhà Ở (Housing)
• 한국어 (Korean) – 컴뮤니티 포커스 그룹신청서 – 주택제공과 안전을 위한의견들

*Applications in languages other than English will be accepted until Friday, March 11th, 8pm. We released these translations later than the version in English, and so more time is available for those just receiving the translated forms.

When?

Very soon! Applications for the general public are due Friday, February 26th, by 8pm. You can email, mail, or hand deliver your filled out form. Note that our office closes at 5pm on the 26th, so if you are delivering by hand, do so before we close.

Community Focus Groups will be formed during the month of March. We will contact all applicants to notify you about decisions of our selection process. Those not selected are invited to attend focus group meetings as members of the public with time for comment.

Focus Group meetings will take place monthly throughout 2016. The expected time commitment is about 5 hours per month, and not more than one meeting per month.

What supports are you providing for Focus Group participants?

We are committed to supporting participants who might need the following assistance in order to participate:

• Child Care
• Transportation
• Translation
• Interpretation
• Small Stipend (for low income participants only)
• Other (tell us!)

Application forms include space for you to indicate which of these supports would help you participate.

Thank you for applying, and please encourage your community members to do the same.

The post Sponsored: Join The Conversation About HALA first appeared on The Urbanist.