SHORT NOTICE: The Board of Supervisors is meeting (under pressure) to decide whether community plans retain any significance
“Community and Area Plan policies are communities’ guidelines for the safety of residents’ homes and properties, policies arrived at by the people most familiar with, and affected by, what happens at these sites. Land control by abusive mandate is a growing, statewide controversy. Subordinating, thereby effectively killing, Community and Area Plans effectively blocks residents from the decision-making table. That is a call to action.” — Marin resident Garril Page, in her letter to BOS
WHEN: Tuesday, October 29th. Meeting starts at 1:30. This item is #13
WHERE: Board of Supervisors Chambers, Room 330, Civic Center
EMAILS: MUST BE RECEIVED BY MONDAY 10/28 AT NOON
SEND TO: BOS@marincounty.org using the header: Revised Housing Element Item #13 — if you previously sent an email, you can check here to see if it’s in the file. Some are missing:
https://marin.granicus.com/MetaViewer.php?view_id=33&event_id=3853&meta_id=1345679
WATCH ONLINE: https://www.marincounty.gov/departments/board/board-supervisors-meetings
ONLINE COMMENTS: To comment on an agenda item during the meeting while participating remotely, please follow the instructions at Marin County Meeting Archive (https://www.marincounty.gov/departments/board/make-comment-board-supervisors-meeting
WHAT WILL HAPPEN AT THE MEETING? The Board will discuss options for complying with the Court-ordered changes that restore community plans.
STAFF HAS OFFERED THE BOARD THREE CHOICES:
A. Use the overreaching language rejected by the Planning Commission on 9/23
B. Accept the Planning Commission recommendation and simply follow the court order to restore community plans — what this petition advocates
C. Instead of simply restoring the original language that elevates community plans (“when a conflict arises, the plan with the most specificity will prevail”) staff has now changed the wording to read: “in case of a conflict”… “the County” would “weigh and balance” the differences. If adopted, the specificity of community plans may not be followed, even if they conform with state law. New language in option C also refers to community plans as potentially perpetuating segregation (see language at bottom, after sample letter).
CONTEXT: Staff preemptively shared their Options A and C language with HCD. As a result, HCD now expects to see it in our resubmitted Housing Element. Staff believes HCD will decertify us if it’s not there. The language largely describes community plans as potentially discriminatory with regard to segregation, and restrictive of development.
This threat to decertify our housing element — for only showing the Court-ordered changes — has been disputed. The Court ordered a specific change that option B satisfies. The threat to our Housing Element has been disputed. It is already true that nothing in community plans or the Countywide Plan can violate state law.
ACTION: URGE THE BOARD TO ADOPT OPTION B. Ask them to set up a transparent and inclusive updating of community plans to reconcile the issues brought up by staff, and let the HCD know this process is underway.
IF THE BOARD CHOOSES OPTION C it is essential that they specify exactly who at the County will “weigh and balance” the differences, and what process will be used for oversight. Staff has showed continued contempt for community plans and is not suited for this task.
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SAMPLE LETTER:
Revised Housing Element, item #13 to BOS@marincounty.org
To the Marin County Board of Supervisors
Our community plans have been under attack since the beginning of the Housing Element process. Staff’s unlawful language regarding precedence clauses has been rejected by the Court, and option B satisfies the Court order.
The Planning Commission and the public were blindsided by staff taking their language first to HCD before presenting it to the Planning Commission, thus prejudicing the HCD to expect it. The process has been abused by staff, and power and respect needs to be restored to the Planning Commission.
Giving staff the power to “weigh and balance” between community plans and the Countywide Plan will always result in the same outcome: ignore community plans. This considerable power, if it is to be given, needs to be in the hands of a trusted authority, namely the Planning Commission.
If our community plans need updating, let’s approach that issue separately, as a community. That should satisfy the HCD, as our Housing Element is already compliant, and the County has been working to satisfy our stated AFFH goals and RHNA.
Sincerely,
XXX
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THE LANGUAGE OFFERED BY STAFF:
Option C: https://marin.granicus.com/MetaViewer.php?view_id=33&event_id=3853&meta_id=1345661
Excerpts from option C:
“For residential and mixed use projects where there are land use designation or development density and floor area ratio differences, the County will weigh and balance these differences by seeking to advance the overall vision and goals of the applicable Community Plan within the requirements of applicable state law…”
Page 131: While the community plans help to address the specific characteristics of the respective area, many community plans have background language and in some cases policies or standards that discourage multifamily housing.
Pg 253: The County's Countywide Plan, Development Code and planning policies have been incrementally developed over time and may have inherited language rooted in segregation. The County will conduct a comprehensive review of all zoning and planning policies to remove discriminatory language or policies that may directly or indirectly perpetuate segregation. This includes reviewing the use of the terms "single-family" residential use, “protecting the character of the neighborhood," and other language and other land use mechanisms that may deter fair housing choice.