Seattle’s City Council voted 5 to 4 at the end of July to streamline its land use and zoning decisions. The measure eliminates one opportunity for people to raise concerns about environmental findings. Previously, they could do so by paying $120 to file an appeal.
The move comes amid concerns that these appeals are low-hanging fruit for opponents, called NIMBYs for "not in my backyard," that slow down construction of much-needed new housing in Seattle. One such appeal is currently delaying implementation of the city’s comprehensive One Seattle development plan over concerns that the density it creates is not properly acknowledged or mitigated and could harm wildlife.
The council’s measure removes future city-level pre-legislative appeals on zoning and land use decisions — that is, appeals on measures that are before the city Hearing Examiner and have not yet become law. Those appeals are a provision of the State Environmental Policy Act, or SEPA. Now, opponents will have to wait until the city council has passed the decisions into law before appealing to the growth management hearings board or a higher court.
Supporters include Councilmember Dionne Foster, who holds the citywide position 9, chairs the city housing committee and has made housing her number one priority. Foster argued before the vote that this change is about pushing for faster construction that will cut down on long commutes and fight urban sprawl.
“Sprawl is one of the most threatening things when it comes to climate change, and not just climate change, but enjoying your lives and having livability,” she said. “That has an impact not just on climate when folks are in their cars, but also on your time and anybody's ability to enjoy their life and their livelihood.”
Foster said eliminating these pre-legislative appeals would put Seattle in line with several other jurisdictions in the region. Bellevue, Everett, Tacoma and King County do not allow appeals to a hearing examiner.
Councilmember Eddie Lin, a former real estate and land use attorney, chairs Seattle’s Land Use and Sustainability Committee. He sponsored the legislation and led the discussions about it amid the city’s push for more affordable housing.
“I believe that we're going to get better outcomes and better democracy with our community. That's why I had four committee meetings on this because I, you know, I'm not just about rushing the process. I'm about improving the process,” Lin said in his final plea for support before the full council vote in July.
Those statements and the vote that followed came after more than two hours of public comments. Dozens of people testified for and against the proposal.
Supporters were overwhelmingly concerned about delays in much-needed housing construction. They were outnumbered by opponents, whose concerns included worries about people and wildlife living with too much pavement and not enough open space. Defenders of efforts to restore and expand the city’s tree canopy, who have criticized the long-awaited revamp of the city’s tree protection ordinance, also turned out.
But the opposition centered above all on democracy.
“Banning the ability to correct dangerous errors in the largest environmental review when public comment fails is anti‑democratic,” Jennifer Godfrey said.
Godfrey, a bassist for the Seattle Symphony, filed an appeal to the city hearing examiner last year against Seattle's comprehensive plan, arguing that it will not sufficiently protect orcas and salmon. She also argued that since it will last for 20 years, no other appeals can be lodged once it is in place.
Godfrey objected as an individual, motivated by her own personal concerns. But as one of the only appellants who filled out the forms correctly and had standing in the objections to Seattle’s new zoning scheme, she became an unexpected figurehead for the opposition.
During the council’s discussion of the measure, Councilmember Lin made it clear that he wanted to prevent appeals like Godfrey’s from happening in the future.
"I don't believe the hearing examiner is democracy. I don't believe litigating whether the EIS or the environmental impact statement was sufficient before we even get to the hard work of trying to reach compromise and debate and discussion helps our decision making," he said.
Lin said his legislation will not affect project-based appeals against things like highways or data centers.
It awaits a signature from Mayor Katie Wilson, who could also send it back to the council for another vote. But, in a release after the vote, the mayor lauded the passage of the legislation.
“Building more housing is essential to a future in Seattle where all of us can afford to live, work, and raise a family in healthy, sustainable neighborhoods,” Wilson said. “Councilmember Lin’s legislation is aligned with our ‘Taller, Denser, Faster’ approach to the Comprehensive Plan and is a win for the Seattleites of today and in the years to come. I look forward to signing it.”
