Fairfax’s progressive zoning under threat

Downtown Fairfax. By Ryan, on Flickr. About 16 years ago, I was excited to be a newly-minted Drake High freshman and Fairfax was excited to start on a major update to its General Plan. Three months ago I celebrated my 30th and Fairfax celebrated the passage of the final piece of its general plan update. But last month, the town started to undo its work, and the most substantive part of the General Plan – its zoning and housing elements – are under threat.

These elements are separate but connected pieces. The zoning element is something I neglected to praise when it was first revealed in 2012. It rezones all highway commercial zones as downtown commercial, a dramatic step away from the auto-centric design that defines Sir Francis Drake and Center. It also adds scatters in three Planned Development Districts to accommodate specialized developments: one at Christ Lutheran Church for 40 units of senior housing; one at 10 Olema Road for 22 small, single-family homes; and one at School Street Plaza for 9 homes mixed with commercial space.

Built atop the zoning element is the first state-approved housing element in over a decade. It puts Fairfax in compliance with state law regarding affordable housing, allowing it to avoid writing another housing element for 8 years. The element also allows second units (a major goal of anti-development activists), home sharing, and other non-traditional affordable home formats.

Unfortunately, the zoning element suffered from typos and inconsistencies between its tables and the actual policy text and maps. Though Fairfax’s legal counsel and planning staff assured the public and the council that the typos were not a problem, project opponents alleged the typos opened up dozens of other properties for development. Led by former councilmember Frank Egger, the opponents drew up a ballot initiative to withdraw zoning. That would have the housing element out of compliance with state law and put the town back to Square One.

Opponents relied upon this falsehood to sell their initiative and gathered 1,000 signatures, which they submitted the afternoon before the town council was scheduled to vote on addressing the typos the initiative was intended to address. That locked the zoning from any changes and prevented the council from fixing the problems opponents complained about.

While opponents claim they had no idea this would lock the zoning, it strains credulity that a former mayor and a coterie of old political hands wouldn’t know that legislation that’s the subject of a ballot initiative is locked down.

Yet rather than face a ballot fight and further divide the town, the council decided in a 3-2 vote in May to start the process to rescind the zoning themselves. Mayor David Weinsoff, one of the votes to keep the zoning, said the town was capitulating to bullies.

The vote to rescind is bad policy, an attempt to find a compromise with opponents who refuse to work with the council. If they were concerned about typos, they would have submitted their signatures after the council had a chance to change them, not before. If they were concerned about the content of the General Plan, they had 16 years of public process to voice them.

The rezoning is the most progressive step by any town in Marin

As I’ve said before, the guiding light of this blog’s view that the beauty and livability of its town centers are at the heart of what makes Marin’s towns great. The policy under threat, to allow Fairfax’s downtown to grow into areas where it has not been, fits hand in hand with that understanding.

While other towns have decided to innovate and create standalone developments in driving strips, or to create driving-oriented developments on their fringes, Fairfax decided to invest in its downtown. It’s a recognition that what makes Fairfax great isn’t its parking lots on Center; it’s the shops and homes Bolinas.

Pursuing affordable housing in a way that doesn’t just fit with Fairfax’s character but is inspired by the physical and spiritual heart of town is the only way to turn the lemons of affordable housing mandates into lemonade.

Coalition for a Livable Marin has launched a petition asking the council to stop the process of rescinding the zoning. The coalition's steering committee, of which I am a member, believes the decision to rescind the zoning is bad for the town. Not only does it spit in the face of downtown, essentially saying it’s an aberration that shouldn’t be replicated, but it puts in jeopardy 71 affordable housing units.

It puts Fairfax on a path toward legal confrontation with California, as the zoning underpins the already-certified Housing Element. And it undoes possibly the most promising reform of second unit policy in the county, setting back a key goal of both affordable housing proponents and the anti-development party.

What the council is doing runs counter to its history as the funky, progressive place we know it as. Fairfax should keep its zoning.

Marin Elections: Endorsements all around

The Marin County election cycle is coming to a close in two weeks. Though there is not much on the ballot that deals specifically with urbanism, there are plenty of candidates who have some strong opinions on the subject. For the most part, I’m in agreement with the endorsements of the Pacific Sun. Progressive, thoughtful political reporting has always been their specialty, and their endorsements show how much they weighed the issues.

That said, the IJ makes some compelling cases as well. While their reporting can stir the pot at times, their editorial board has always been a bastion of calm. For endorsements, they go out of their way to interview each of the candidates and make a well-balanced decision.

Or, you may want to figure it out yourself.

Below you’ll find all the council races with Pacific Sun and IJ endorsements, links to candidate websites, video debates, and, for some races, a nugget that might have been overlooked.

Corte Madera Town Council

Three seats, three incumbents, four candidates.

LWV debate | Marin IJ Endorsement | Pacific Sun Endorsement

Carla Condon (incumbent) Campaign website Endorsed by Marin IJ, Pacific Sun Writing: "Investing in Kids Pays Off"; "We Need a Local 'Council of Governments' "; "Challenging Push to 'Urbanize' Our County"

Michael Lappert (incumbent) Endorsed by Marin IJ

Diane Furst (incumbent) Campaign website Endorsed by Marin IJ, Pacific Sun Writing: "TAM Should Support Working Group's Freeway Plan"

David Kunhardt (challenger) Campaign website Endorsed by Pacific Sun

Though the Pacific Sun endorsed Carla Condon over Michael Lappert, as they seem to consider him arrogant, I think he is marginally less anti-urbanist than Condon. Condon has come out with fire against Plan Bay Area. Her Marin Voice pieces regarding development have, to paraphrase the Sun, bordered on the conspiratorial, which can be worse for governing than bombastics.

Fairfax Town Council

Three seats, three incumbents, four candidates.

Marin IJ Endorsement | Pacific Sun Endorsement

Barbara Coler (incumbent) Campaign website Endorsed by Marin IJ, Pacific Sun

Chris Lang (challenger) Campaign website

John Reed (incumbent) Endorsed by Marin IJ, Pacific Sun

David Weinsoff (incumbent) Endorsed by Marin IJ, Pacific Sun

Larkspur Town Council

Three seats, one incumbent, four candidates.

LWV debate | Marin IJ EndorsementPacific Sun Endorsement

Kevin Haroff (challenger) Campaign website Endorsed by Marin IJ

Dan Hillmer (incumbent) Endorsed by Marin IJ, Pacific Sun

Daniel Kunstler (challenger) Campaign website Endorsed by Pacific Sun

Catherine Way (challenger) Campaign website Endorsed by Marin IJ, Pacific Sun

Mill Valley Town Council

Two seats, no incumbents, four candidates.

LWV debate | Marin IJ EndorsementPacific Sun Endorsement

George Gordon

Jessica Jackson Campaign website

Dan Kelly Campaign website Endorsed by Marin IJ, Pacific Sun

John McCauley Campaign website Endorsed by Marin IJ, Pacific Sun

Though neither the IJ nor the Pacific Sun endorsed Jessica Jackson, given her inexperience, Jackson is the most progressive of the four on transportation issues. She has called for greater investment in bicycle lanes and sidewalks, and an expansion of Bay Area Bike Share to Marin.

Jackson would be a strong voice for progressive transportation in Mill Valley, and she would bring that voice to county and regional agencies, too. TAM and GGBHTD both could use another progressive. It doesn’t hurt, either, that she would be the first millennial elected to a municipal council in Marin.

Novato City Council

Two seats, two incumbents, four candidates.

LWV debate | Marin IJ Endorsement | Pacific Sun Endorsement

Denise Athas (incumbent) Campaign website Endorsed by Marin IJ, Pacific Sun

Pat Eklund (incumbent) Campaign website Endorsed by Marin IJ, Pacific Sun

Steve Jordon (challenger)

Eleanor Sluis (challenger) Campaign website Writing: Extensive Patch comments; "Entrance to Novato versus New Bus Transit Hub's Location versus Mission Lodge, a Park, and Parking"

San Anselmo Town Council

One seat, no incumbents, three candidates.

Marin IJ Endorsement | Pacific Sun Endorsement

Matt Brown Campaign website

Steve Burdo Campaign website Endorsed by Pacific Sun

Doug Kelly Campaign website Endorsed by Marin IJ

Something to keep in mind about Doug Kelly, from the Pacific Sun: "Kelly has the most to say about Plan Bay Area and ABAG—he's not a fan—but understands that if he's elected he'll 'need to work with them in a positive manner regardless of [his] views.' "

San Rafael Town Council

Two seats, two incumbents, four candidates.

LWV debate | Sustainable San Rafael debate | Marin IJ EndorsementPacific Sun Endorsement

Greg Brockbank Campaign website Endorsed by Pacific Sun

Maribeth Bushey-Lang Campaign website Endorsed by Marin IJ

Kate Colin Campaign website Endorsed by Marin IJ, Pacific Sun "Making San Rafael a Sustainable City"

Randy Warren Campaign website

Lots to keep in mind in San Rafael's race:

Maribeth Bushey-Lang’s deep technical experience with railroad issues, especially railroad crossings could prove valuable for the city, county, and region. The city of San Rafael has seats on the boards of SMART, TAM, and MTC, all of which will deal with rail issues. And, while she can't vote on the SMART-Andersen Drive crossing because she ruled on it as a judge, she believes she will be able to deal with all other SMART issues.

Kate Colin brings a wealth of experience about planning matters. Having someone from this background, who deeply understands these issues, would be of value to the city.

Randy Warren reneged on his blanket opposition to all PDAs by cautiously half-endorsing the one in downtown San Rafael, or at least promising not to oppose it if the mayor thinks it's a good idea in three years. He did this in the Sustainable San Rafael debate so you can see it yourself, and it signals some flexibility to his heretofore inflexible anti-urban rhetoric.

Greg Brockbank is an unabashed urbanist and environmentalist, two hats that are difficult to find together in Marin. That, paired with his long history of public service, would make him a good fit to return to the Council.