Marin Countywide Plan Amendment
On November 13, 2012 the Marin County Board of Supervisors unanimously voted in favor of the Countywide Plan (CWP) Amendment.
COMMENTS IN A NUTSHELL:
We are very disappointed with the Countywide Plan Amendment. Besides other things, the amendment diminishes a major protection established for the Baylands Corridor, sensitive habitat, the Ridge and Upland Greenbelt, and sites lacking public water & sewer systems. According to the 2007 Countywide Plan, except for sites identified in certified Housing Elements, residential density and commercial floor area ratio for parcels in these sensitive areas were supposed to be calculated at the lowest end of the applicable range. Now, with the Countywide Plan Amendment, higher density housing is potentially allowed in these sensitive areas.
Excerpt from GOAL BIO-5 of the Countywide Plan, Page 2.4-34:
"Within the Baylands Corridor, potential residential density and commercial floor area ratios shall be calculated at the lowest end of the applicable ranges. This provision does not apply to small parcels (2 acres or less in size) that were legally created prior to January 1, 2007."
This is quite significant for our area. Most parcels located East of Hwy 1 are or will be in the Baylands Corridor. Previously, development allowed at large parcels (greater than 2 acres) within the Baylands Corridor would have been limited to the lowest density. Now, high-density housing could potentially be allowed. And since only housing can qualify for the higher densities, there is much greater chance that a future developer would choose to build residential units at these large parcels rather than much needed neighborhood serving commercial/retail/office space, which could lower the amount of local services and jobs.
HERE ARE THE itty bitty DETAILS:
Among other changes made to the Countywide Plan, the amendment includes changes to Policy CD-1.3 “Reduce Potential Impacts” & Program CD-1.c “Reduce Potential Impacts”. The new language for this Policy and Program is as follows (New language is underlined):
Policy CD-1.3 and Program CD-1.c Reduce Potential Impacts: “Calculate potential residential densities and commercial floor area ratio (FAR) at the lowest end of the applicable range on sites with sensitive habitat, on sites within the Ridge and Upland Greenbelt, or the Baylands Corridor, or on sites lacking public water or sewer systems. (DELETE: Except for multifamily parcels identified in certified Housing Elements) NEW LANGUAGE: ‘Densities higher than the lowest end of the applicable density range may be considered on a case-by-case basis for new housing units affordable to very low and low income households, as long as the development complies with the California Environmental Quality Act (CEQA) and all other applicable policies in the Countywide Plan including, but not limited to, those governing environmental protection.’"
The above new language, from the CWP Amendment, allows potential higher density housing on any **site that is located within the Ridge and Upland Greenbelt, the Baylands Corridor or any site with sensitive habitat or on any site lacking public water or sewer systems. Whereas, the old language, from the 2007 CWP, limited such higher density housing to only “multifamily parcels identified in certified Housing Elements” as well as small parcels ( 2 acres or less in size) in the Baylands Corridor. (**Sites that are designated as open space are not typically buildable and therefore this allowance would not apply.)
How does this affect parcels, within the Baylands Corridor, that are in our planning area (Tamalpais Area Community Plan)?
Most parcels that are situated on the East side of Hwy 1 are or will be in the Baylands Corridor. According to MAP 6.1.3b “Tamalpais Area Land Use Policy Map” of the Countywide Plan, buildable parcels on the East side of Hwy 1, that are or will be included in the Baylands Corridor, have the following land use designations and density ranges:
- General Commercial/Mixed Use (Floor Area Ratio (FAR) = .05 to .35); - Neighborhood Commercial/Mixed Use (FAR = .05 to .40); and - Recreational Commercial (FAR = .05 to .30). So, rather than protecting these sensitive sites by keeping development at the low end of density, where the Floor Area Ratio (FAR) would have been .05, now any of these sites could potentially have high densities, such that the FAR could go up to .30, .35, or .40
Moreover, since the high density is only allowed for affordable housing with very low and low income households, then, if a future developer were to take advantage of the higher density potential, he would need to build residential units rather than much needed neighborhood serving commercial/office/retail, which might lower the current amount of local services and jobs.
On November 13, 2012 the Marin County Board of Supervisors unanimously voted in favor of the Countywide Plan (CWP) Amendment.
COMMENTS IN A NUTSHELL:
We are very disappointed with the Countywide Plan Amendment. Besides other things, the amendment diminishes a major protection established for the Baylands Corridor, sensitive habitat, the Ridge and Upland Greenbelt, and sites lacking public water & sewer systems. According to the 2007 Countywide Plan, except for sites identified in certified Housing Elements, residential density and commercial floor area ratio for parcels in these sensitive areas were supposed to be calculated at the lowest end of the applicable range. Now, with the Countywide Plan Amendment, higher density housing is potentially allowed in these sensitive areas.
Excerpt from GOAL BIO-5 of the Countywide Plan, Page 2.4-34:
"Within the Baylands Corridor, potential residential density and commercial floor area ratios shall be calculated at the lowest end of the applicable ranges. This provision does not apply to small parcels (2 acres or less in size) that were legally created prior to January 1, 2007."
This is quite significant for our area. Most parcels located East of Hwy 1 are or will be in the Baylands Corridor. Previously, development allowed at large parcels (greater than 2 acres) within the Baylands Corridor would have been limited to the lowest density. Now, high-density housing could potentially be allowed. And since only housing can qualify for the higher densities, there is much greater chance that a future developer would choose to build residential units at these large parcels rather than much needed neighborhood serving commercial/retail/office space, which could lower the amount of local services and jobs.
HERE ARE THE itty bitty DETAILS:
Among other changes made to the Countywide Plan, the amendment includes changes to Policy CD-1.3 “Reduce Potential Impacts” & Program CD-1.c “Reduce Potential Impacts”. The new language for this Policy and Program is as follows (New language is underlined):
Policy CD-1.3 and Program CD-1.c Reduce Potential Impacts: “Calculate potential residential densities and commercial floor area ratio (FAR) at the lowest end of the applicable range on sites with sensitive habitat, on sites within the Ridge and Upland Greenbelt, or the Baylands Corridor, or on sites lacking public water or sewer systems. (DELETE: Except for multifamily parcels identified in certified Housing Elements) NEW LANGUAGE: ‘Densities higher than the lowest end of the applicable density range may be considered on a case-by-case basis for new housing units affordable to very low and low income households, as long as the development complies with the California Environmental Quality Act (CEQA) and all other applicable policies in the Countywide Plan including, but not limited to, those governing environmental protection.’"
The above new language, from the CWP Amendment, allows potential higher density housing on any **site that is located within the Ridge and Upland Greenbelt, the Baylands Corridor or any site with sensitive habitat or on any site lacking public water or sewer systems. Whereas, the old language, from the 2007 CWP, limited such higher density housing to only “multifamily parcels identified in certified Housing Elements” as well as small parcels ( 2 acres or less in size) in the Baylands Corridor. (**Sites that are designated as open space are not typically buildable and therefore this allowance would not apply.)
How does this affect parcels, within the Baylands Corridor, that are in our planning area (Tamalpais Area Community Plan)?
Most parcels that are situated on the East side of Hwy 1 are or will be in the Baylands Corridor. According to MAP 6.1.3b “Tamalpais Area Land Use Policy Map” of the Countywide Plan, buildable parcels on the East side of Hwy 1, that are or will be included in the Baylands Corridor, have the following land use designations and density ranges:
- General Commercial/Mixed Use (Floor Area Ratio (FAR) = .05 to .35); - Neighborhood Commercial/Mixed Use (FAR = .05 to .40); and - Recreational Commercial (FAR = .05 to .30). So, rather than protecting these sensitive sites by keeping development at the low end of density, where the Floor Area Ratio (FAR) would have been .05, now any of these sites could potentially have high densities, such that the FAR could go up to .30, .35, or .40
Moreover, since the high density is only allowed for affordable housing with very low and low income households, then, if a future developer were to take advantage of the higher density potential, he would need to build residential units rather than much needed neighborhood serving commercial/office/retail, which might lower the current amount of local services and jobs.