As the county comes down the home stretch of approving its housing element (HE), opponents of the element, led by Marin Against Density (MAD) and Community Venture Partners (CVP) have taken up a tactic of delay. Calling the effectively two-year process a fast-track giveaway to developers, they have called for extending the process out from the end of January to the end of next May.The delay is simple political posturing. Opponents should return to debate over substance, not timetables.
The current HE finds its roots in the 2013 County Housing Element, passed before Plan Bay Area and its raft of tweaks to affordable housing policy in the region. In essence, the county copied the list of affordable housing sites from the 2013 element, developed after an intense yearlong debate, into the 2014 element.
This has opponents crying foul. The 2013 element was based on an old housing needs assessment, when the region required the county to find room for affordable 781 units. The 2014 element needs to only find space for about 185 units. By copying over the last element’s list to the current list, opponents argue the county is accommodating many more homes than the state requires.
This position glosses over the effect of the 2013 element: the Housing Element simply identifies sites already zoned for housing. The affordable housing sites declared to the state through that element are in the general plan today. Whether the county lists these sites or not, these sites’ legal status will remain unchanged. The opponents’ argument, that this increases housing opportunities in Marin, is flat wrong.
To fight this, opponents are apparently planning on delay tactics.
Led by Community Venture Partners (CVP), an anti-Smart Growth nonprofit run by Bob Silvestri, opponents are arguing the county timetable is a “fast-track.” First, they were upset that the county was submitting the element to HCD for review without apparently realizing the review was non-binding. CVP declared on their website:
On Monday, August 25th, the Draft of the Marin County “Housing Element” (HE) for the 2015-2023 planning cycle will have its final review by the Planning Commission before being sent to the Department of Housing and Community Development (HCD) in Sacramento.
The Planning Commission will actually hold their last hearing on November 17 to review feedback from HCD, followed by at least two hearings by the Board of Supervisors that have yet to be scheduled. CVP goes on:
The County is fast-tracking the review, submittal and approval of the HE unnecessarily. The County has until May 31st of 2015 to gain final certification of the HE from HCD, without risk of penalty of any kind.
CVP is mistaken here, too. While Marin would not be subject to state penalties, MTC has declared it will prioritize regional transportation funding for cities and counties that submit their HE by January 31, 2015. CVP is gambling the county can challenge MTC’s rulemaking, but that’s hardly “without risk of penalty of any kind.”
Testimony from MAD supporters at a recent Board of Supervisors meeting indicate the aim isn’t to allow more time for public comment but to give opponents a chance to organize. They begged the supervisors to do what the Larkspur City Council did with their Station Area Plan: accede to opponents’ demands. If the county does not, CVP has issued a fundraising appeal for a $15,000 legal team to sue the county over the HE.
From a political standpoint, MAD and CVP are working with a shrewd strategy. A delay that allows them to organize hands them a victory and momentum, which will make the extra four months of organizing that much more effective. As well, a delay keeps housing in the news. The unusual back-to-back Housing Element processes has served as kindling to their cause. Keeping the news cycle on housing will help them maintain the angry fires for a bit longer, which will bleed into the next election cycle.
Unfortunately for the county, this strategy is terribly unproductive. Rather than focus on solutions to the regional housing shortage, CVP and MAD have chosen to set themselves up as populist outsiders. CVP’s policy proposals, such as they are, are buried beneath cries of an unjust fast-track bureaucracy. And, by using a strategy of delay, both CVP and MAD are placing their own political needs above the county’s policy needs. They are putting millions of dollars in regional, state, and federal transportation funds at risk for political gain; whatever legal mess comes from it will be left to taxpayer-funded county lawyers.
There are sites within the Housing Element that deserve scrutiny because of their location. However, this is not a reason to delay the HE or to put county transportation funds at risk. Democracy must be about compromise, not threats of lawsuit.
Coalition for a Livable Marin (CALM) has a new petition out that asks the Board of Supervisors to respect the original timetable for approving the HE and support the housing element more broadly. Emails from CALM have asked supporters to make their concerns known in a way that doesn’t put the county’s future at risk. I and other steering committee members of CALM have pushed to include more about the organization’s stances against greenfield development and auto-oriented density.