January 22, 2018
From: Sustainable TamAlmonte, 215 Julia Ave., Mill Valley, CA 94941
To: Marin County Board of Supervisors, 3501 Civic Center Dr. #329, San Rafael, CA 94903
Re: Senate Bill 827 (Wiener)
Dear Marin County Board of Supervisors,
We are very concerned about proposed Senate Bill 827 (Wiener) and request the following:
- Place SB-827 on your board’s agenda as soon as possible;
- Adopt a resolution to oppose SB-827;
- Issue public comments in opposition to SB-827;
- Write official letters from your board to Senator Mike McGuire and Assemblyman Marc Levine, expressing your opposition to SB-827;
- Contact Senator Mike McGuire, Assemblyman Marc Levine, and other pertinent members of the state legislature and lobby for the defeat of SB-827;
- Educate the public and other elected officials in other jurisdictions about the bill.
I. ABOUT SB-827
Here's a link to the text of SB-827:
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB827
SB - 827, introduced in the California state legislature on January 3rd by San Francisco Senator Scott Wiener and co-authored by East Bay Senator Nancy Skinner and San Francisco Assemblymember Phil Ting, would cede developers a “Transit-Rich Housing Bonus” for taller (45 to 85 feet high or more), denser housing developments near major transit hubs.
SB 827 would spare new housing developments from many restrictions if they qualify as “Transit-Rich Housing.”
Definitions:
The initial version of the bill defines “Transit-Rich Housing” as:
“A residential development project, the parcels of which are all within a one-half mile radius of a major transit stop or a one-quarter mile radius of a high-quality transit corridor.”
California Law defines a “Major Transit Stop” as:
A site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
The bill defines a “High-Quality Transit Corridor” as:
“A corridor with fixed bus route service that has service intervals of no more than 15 minutes during peak commute hours.”
For new housing built near such transit hubs, the bill overrides local control and lays out a variety of potential shortcuts through the permitting process, including: “The bill would exempt a project from maximum controls on residential density or floor area ratio, minimum automobile parking requirements, design standards that restrict the applicant’s ability to construct the maximum number of units consistent with any applicable building code, and maximum height limitations, as provided.” (Quote from the text of SB-827)
Moreover, the bill would mandate that minimum height limits of "Transit-Rich Housing” developments near a "Major Transit Stop" or a "High-Quality Transit Corridor", range from 45 feet to 85 feet, depending on how close the project was to a station and whether it was located on a main road or side street. A local ordinance could increase the height but not go below the specified minimums.
II. MAJOR TRANSIT STOPS & HIGH-QUALITY CORRIDORS IN MARIN COUNTY
Sharon Rushton, Sustainable TamAlmonte’s Chairperson, recently spoke with Brian Crawford, Director of the Marin County Community Development Agency. Brian explained that they are still researching the SB-827 but have come up with a preliminary understanding of what areas in Marin County qualify as “Major Transit Stops” and “High-Quality Transit Corridors”.
Director Crawford stated that all the SMART train stations and ferry terminals in Marin would qualify as “Major Transit Stops” and that a portion of Bus Route #4, which runs through the City of Mill Valley, Almonte, Tam Valley, and up to Spencer Ave in Sausalito, would qualify as a “High-Quality Transit Corridor”. We have asked Brian to advise us if he finds that other areas also quality for these designations.
Therefore, if SB-827 were adopted, then all housing projects, which are located within a one-half mile radius of Marin’s SMART train stations and ferry terminals as well as all housing projects, which are located within a one-quarter mile radius of the aforementioned portion of Bus Route #4, would qualify as “Transit-Rich Housing” and would, by right, be granted the above described “Transit-Rich Housing Bonus”. Most of the Cities’ and the County’s land use authority over these projects would be eliminated, including authority over height, floor area ratio, setbacks, design guidelines, and possibly environmental review through the California Environmental Quality Act (CEQA), etc.
Here’s a link to Bus Route #4:
http://goldengatetransit.org/schedules/current/route_4.php
III. CONSEQUENCES
SB-827 poses a serious threat to local control and overrides local zoning ordinances, general plans and specific plans. The subsequent housing densification and ensuing population growth would increase the risk of adverse impacts on the environment, public health and safety, traffic congestion, infrastructure, utilities (water supply), public services (schools), views, sunlight, privacy, neighborhood character, and quality of life.
IV. CONCLUSION
We were very glad to see that at your board’s January 9th meeting Supervisor Damon Connolly expressed concern about Senator Wiener’s newly proposed housing bills, particularly SB 827. We agree with his comments to oppose top down planning and support locally grown strategies that will work within our communities to meet all of Marin’s housing needs.
Building upon Supervisor Connolly’s momentum, we urge your board to adopt a pro-active stance in opposition to SB-827 and take the following measures (previously listed):
- Place SB-827 on your board’s agenda as soon as possible;
- Adopt a resolution to oppose SB-827;
- Issue public comments in opposition to SB-827;
- Write official letters from your board to Senator Mike McGuire and Assemblyman Marc Levine, expressing your opposition to SB-827;
- Contact Senator Mike McGuire, Assemblyman Marc Levine, and other pertinent members of the state legislature and lobby for the defeat of SB-827;
- Educate the public and other elected officials in other jurisdictions about the bill.
If there are other ways to use your influence to defeat this bill, please do so.
Thank you in advance for your conscientious consideration.
Very truly yours,
/s/
Sharon Rushton, Chairperson
Sustainable TamAlmonte