Marin supervisors push back against huge state housing mandate
Only Mill Valley, Corte Madera built enough during last 8 years to be exempt
Marin
supervisors said this week they are gravely concerned about a looming
state mandate to build over 14,000 new housing units throughout the
county between 2022 and 2030.
âMarin County recognizes the need for more affordable housing. We are
pursuing a number of strategies to achieve that goal,â Supervisor Damon
Connolly said. âBut residents are justified in being alarmed by these
numbers that weâre seeing out of the state.
âMarin is not alone,â Connolly said. âJurisdictions both large and
small from around the region are pushing back. Most recently even San
Francisco.â
Connolly made his comments after county supervisors were briefed Tuesday about the status of the mandates.
Every eight years, the California Department of Housing and Community
Development estimates the number of new homes the Bay Area needs to
create, and how affordable those homes need to be, to meet the housing
needs of people at all income levels.
The Association of Bay Area Governments (ABAG) then assigns a share
of the regionâs housing need to each city, town and county in the
region. Each local government must then update its general plan to show
where the housing can be built.
Under the plan currently moving forward, the state is requiring Bay
Area jurisdictions to create over 441,000 housing units from 2022 to
2030, more than twice the 187,000 units it directed Bay Area
jurisdictions to zone for from 2015 to 2023.
The number of units assigned to Marin Countyâs unincorporated area
alone increased over 1,700% from 185 units in the previous cycle to
3,510 for the next cycle. Of that total, 1,063 are to be priced for
people with very low incomes, and 611 are to be priced for people with
low incomes.
Supervisor Stephanie Moulton-Peters said, âThere is a perfect storm
right now between these very elevated Regional Housing Need Allocation
numbers and the advent of SB 35.
âThe interplay is simply. If you donât reach your numbers you are
subject to the SB 35 ministerial approvals for projects coming up,â
Moulton-Peters said, âwhich really does take local decision-making out
of land use planning. It is a very frightening scenario.â
Under SB 35, any municipality or county that fails to build the
amount of housing assigned to it by ABAG is subject to a streamlined
approval process for new housing projects.
According to state housing officials, only two Marin municipalities â
Mill Valley and Corte Madera â built enough housing during the last
eight years to make them exempt from SB 35.
In December, the countyâs Community Development Agency approved a
five-story, 74-apartment complex on a 1.1-acre lot in Marin City without
review by the county Planning Commission or lengthy environmental
analysis under the California Environmental Quality Act due to SB 35.
AMG & Associates LLC of Encino, the developer of the Marin City
project, has also proposed building a six-story building at 1020 Fourth
St. in Novato that would include commercial space on the first floor and
227 apartments on the upper floors.
The Board of Supervisors has written three letters objecting to ABAGâs new housing mandates.
In a Nov. 13 letter to Berkeley Mayor Jesse Arreguin, who serves as
ABAGâs president, Supervisor Katie Rice wrote, âWith an increase of this
magnitude, the county may not be able to adopt a compliant housing
element unless we put housing in environmentally sensitive areas, prone
to fires, flooding and sea level rise.â
âIn light of recent fire events, it is important to address fire
hazards,â Rice wrote. âMany unincorporated communities are considered
âCommunities at Riskâ by the National Fire Plan because of the proximity
of housing to areas susceptible to wildland fires.â
Rice stated that many of the roads to access these areas are private, narrow and substandard.
âNew land uses and development could expose people and structures to
wildland fires throughout the county,â she wrote, âespecially in areas
with steep slopes, high fuel loads or inadequate emergency access.â
Moulton-Peters said she had attended her first ABAG meeting the
previous week and that representatives from Sonoma and Solano counties
also expressed concern that the new mandates would push development into
rural areas.
Moulton-Peters said such a policy would be contrary to the founding mission of Plan Bay Area.
Approved initially in 2013, Plan Bay Areaâs main purpose is to reduce
greenhouse gas emissions by channeling housing and job growth along
existing traffic corridors, near mass transit, jobs, shopping and other
services.
Plan Bay Area is updated every four years, however, and the latest
iteration of the plan also identifies âhigh resource areasâ where it
recommends that increased housing development should be created.
As defined by the California Department of Housing and Community
Development and the California Tax Credit Allocation Committee, âhigh
resource areasâ are neighborhoods with characteristics and resources
most associated with positive educational and long-term economic
outcomes for low-income children. These include: low poverty rates and
high educational attainment, employment rates, home values and school
test scores.
The number of high resource areas in Marin is one of the primary
reasons that the countyâs share of housing in the 2022 to 2030 cycle
grew more than those of most other Bay Area counties.
According to Daniel Saver, the Metropolitan Transportation
Commissionâs assistant director for housing and local planning, the
incorporation of âhigh resource/opportunity areasâ into Plan Bay Areaâs
equation was required because of Assembly Bill 686, which mandated that
counties and cities implement the Obama-era policy of âaffirmatively
furthering fair housing.â
ABAG chose to align itself with this âhigh resource area strategy.â
Leelee Thomas, a Marin County planning manager, said that while
complying with the housing mandate will be a challenge, the county is in
desperate need of more affordable housing.
âMarin continues to have one of the highest median incomes in the
state,â Thomas said, âbut meanwhile many of our working families and
seniors are struggling to meet their basic housing needs.
âMarin continues to present the starkest inequities related to
housing throughout the Bay Area. About two-thirds of non-Hispanic White
residents are homeowners, and roughly three-fourths of both Black and
Hispanic households are renters.â
Supervisor Dennis Rodoni said, however, âWe donât build houses. It is
developers who build houses. It is still very expensive to build in
Marin.â
Thomas said jurisdictions will get a chance to appeal the housing
mandates this summer, but she said the county must file its compliance
plan by January 2023 and will proceed in the meantime on the assumption
that nothing will change.