Letter to Mike McGuire, Damon Connolly & US CA Representative Jared Huffman
To Mike McGuire and district 12 state assembly member, Damon Connolly as well as US CA District 2 Representative: Jared Huffman for any statewide citizen rights.
Below is a brief sample of information I was able to amass in just a few short days.
I look forward to working with you on this boondoggle and having already put out to the community for a meeting generating much interest and gathering signatures that is sure to grow exponentially with the word of mouth and Nextdoor!
Regards,
Linda Johnson
COUNTY PLAN: Marin officials must remove wording in the countywide plan that gives it precedence over the 22 community plans in the county, a judge ruled. 4/12/24
Design Review – purpose? Assess submitted plans… can SBSR Board consider preliminary plans prior planning dept. approval to express concerns and pitfalls of a proposed project? Does the Community Plan carry any weight in determination?
Medical facilities or over 6 units, is considered commercial.
22.44 RMP not RMPC
1569.85 over 6 units = commercial CCLD title 22
A small sampling: Atrium, Redwoods, Aegis, Ross Valley, Aldersley
Municipal Code.com/ca/marin
22.44 n order for the requirements of a Master Plan amendment to be waived, a project that is eligible for waiver must meet the following criteria:1.
Be consistent with the Countywide Plan and any applicable Community Plan and Local Coastal Program;2.
Be designed so that potential impacts can be properly addressed through Use Permit and/or Design Review procedures, in compliance with Chapters 22.48 (Conditional Use Permits) or 22.49 (Master Use Permits) and 22.42 (Design Review);22.42 B.
Notice of action and/or hearing date. Public hearings on a proposed Master Plan rescission application shall be noticed in compliance with Chapter 22.118 (Notices, Public Hearings, and Administrative Actions). The Director may provide expanded public notice to ensure maximum public awareness of an application. In addition to the requirements of Chapter 22.118 (Notice, Public Hearings, and Administrative Actions), a public notice may be mailed or delivered at least 10 days prior to the decision to all owner(s) of real property that comprise the area encompassed by the Master Plan that is the subject of the amendment.
22.48 Ord #3666 ?
22.118 public hearing/notice of action/hearing date.
Notice of action and/or hearing date. Public hearings on a proposed Master Plan rescission application shall be noticed in compliance with Chapter 22.118 (Notices, Public Hearings, and Administrative Actions). The Director may provide expanded public notice to ensure maximum public awareness of an application. In addition to the requirements of Chapter 22.118 (Notice, Public Hearings, and Administrative Actions), a public notice may be mailed or delivered at least 10 days prior to the decision to all owner(s) of real property that comprise the area encompassed by the Master Plan that is the subject of the amendment.
22.20.070 - Hillside Development Standards
The following standards apply to subdivisions and other development proposed in hillside areas where the slope of the proposed site is six percent or greater:
A. Subdivision design. Proposed subdivisions shall comply with the standards of Section 22.82.050 (Hillside Subdivision Design).
B. Substandard lots. The following requirements apply where the area of a vacant lot proposed for single-family residential development is less than 50 percent of the minimum lot area required by Section 22.82.050 (Hillside Subdivision Design):1.
The proposed development shall be subject to Design Review (Chapter 22.42);
Chapter 22.42 - DESIGN REVIEW
22.42.010 - Purpose of Chapter.
This Chapter provides procedures for Design Review for proposed discretionary development throughout the unincorporated areas of the County. Design Review consists of a review of plans and proposals for land use and design of physical improvements in order to implement the goals of the Countywide Plan and is intended to ensure that:A.
Sound and creative design principles are used by applicants in designing proposed projects, which will result in high quality site planning and architectural design, and the innovative use of materials, construction methods, and techniques;B.
Site planning, building design, and construction practices promote resource conservation through climate responsive design, use of renewable energy and resources, and cost effective use of resource conserving materials where practicable and feasible;C.
The natural beauty of the County, and the public's ability to use and enjoy it, are preserved and encouraged;D.
The design of the built environment respects and preserves the natural beauty of the County and the environmental resources found within;E.
The exterior appearance of proposed structures, along with their associated landscaping, parking, signs, etc., is compatible and harmonious with the design, scale, and context of surrounding properties;F.
The development of vacant properties which adjoin paper streets is undertaken in such a way as to minimize the impacts associated with the development; andG.
Conflicts between land uses are eliminated, environmental values of the site are preserved, and adverse physical or visual effects which might otherwise result from unplanned or inappropriate development, design, or placement are minimized or eliminated.
(Ord. No. 3577, 2012; Ord. No. 3745 , § 1(exh. A), 2021)2.
The setback requirements otherwise prescribed for the site by the applicable zoning district shall be waived, provided that nothing in this Section shall imply that the applicable setbacks shall not be applied wherever possible.
(Ord. No. 3577, 2012)
Projects Ineligible for Streamlining
However, a project site may be ineligible for streamlining via SB 35 if it is:
Located in a high or very high fire hazard severity zone or on a hazardous site;
Within a delineated earthquake fault zone, flood plain, or floodway as mapped by FEMA;
Fireside project
Tennessee Glen
Miller Project
Earth anchors. They drilled holes into the hill and put in piles that have expanding barbs, that open further as pressure pulls
Had to wait several years to watch before continuing. (It’s been around 10 years to date for this project.) Built from top down! They will work on it for a month or two and then let it sit for a couple more years again. I’m sure this will be a great space in 2054.
Weight of proprosed project on stability of hillside requiring concrete vs. wood structure
Warrant of Habitability, rights of current residents
Health and Safety Code 46000. ... (f) All Californians are entitled to a peaceful and quiet environment without the intrusion of noise which may be hazardous to their health or welfare.It is the policy of the state to provide an environment for all Californians.
California Penal Code section 415 makes it unlawful to disturb the peace and well being of another with unreasonable loud noise, at all times of day and night.
Consider
Traffic, lighting, wild life displacement, rare flower sighted, possible Indian ground: artifacts, burial. Flooding/drainage. Danger to residents. Integrity of hillside to landscape and neighboring houses, infrastructure (gas, water, sewer pipes.)
Earthquakes. Height. Fire.
Wild animal corridor: deer, coyote, owl, quail, nesting falcons, quail, turkey, hawk, jack rabbit, frog,
Does SB35 really apply? Urbanization? Location, fit the neighborhood???
Senate Bill 35 was passed by the California legislature in 2017 as part of a wave of new laws meant to boost housing production across the state. The law is designed to address some of the hurdles for locally approving new housing development, like lengthy and sometimes opaque approval processes, and opposition from local governments and residents. Specifically, SB 35 allows qualified multifamily infill projects to go through a simplified and expedited housing approval process in jurisdictions that are not on track to meet their housing production goals. Eligible projects must provide a minimum share of affordable units, follow certain labor provisions, and be consistent with local planning standards.