May 16, 2013
Plan Bay Area Public Comment
Metropolitan Transportation Commission 101 Eighth Street
Oakland, CA 94607
N 0 V A T 0 SUBJECT: Comments Regarding the Draft Plan Bay Area
CALIFORN I A
75 Rowland Way, #200
Novato, CA 94945-3232 415/899-8900
FAX 415/899-8213
www.novato.org
Mayor
Pat Eklund Mayor ProTem Eric Lucan
Councilmembers Denise Athas Madeline Kellner Jeanne MacLeamy
City Manager Michael S. Frank
This letter transmits comments from the City ofNovato regarding Plan Bay Area (March, 2013) and Draft EIR. The City has carefully tracked the process of developing the Bay Area's Sustainable Communities Strategy and has commented previously regarding future development projections and alternative strategies .
On May 14, 2013 the Novato City Council held a hearing on the Draft Plan Bay Area and its associated Draft Environmental Impact Report. The Council directed transmittal of the following comments:
1. Local Control. Much of the public input received regarding Plan Bay Area has focused on a perceived loss of local control in future planning and development decisions. The Draft EIR states in several places that implementation of the Plan will depend upon the voluntary decisions of local agencies and that the Plan forecasts are advisory and not mandatory. ABAG staff members have expressed the same sentiments. We respectfully request that ABAG and MTC provide affirmative confirmation that the foregoing is accurate.
2. 2014-2022 RHNA . The 2014-2022 RHNA for Novato (414 units) is reasonable and acceptable and we believe can be accommodated in our next Housing Element update.
3. Growth Projections. The population growth projections published by the Department ofFinance in 2013 differ substantially from those developed by ABAG in 2012 (3% population increase for Marin in 2040 according to the DOF versus 13% growth projected by ABAG). The next update of Plan Bay Area in four years must strive to reconcile the state and regional growth projections to create greater credibility of the resulting Plan.
4. Job Growth Projection . The 2040 jobs projection for Novato is unrealistic given past employment growth and the lack of vacant commercial sites. Recent and projected job growth demonstrates that the Draft Plan Bay Area projects job growth equal to that which occurred in the 1990s and 2000s when there was substantial vacant commercial property. Redevelopment of underdeveloped commercial sites will occur, but not yielding the previous rates of job growth.
5. Coordination with Policies of other Regional Agencies . The infill development envisioned and projected by Plan Bay Area will not be realized unless the land use policies of the four regional agencies (ABAG, MTC, BCDC and BAAQMD) are coordinated towards achieving mutual goals. Air quality criteria adopted two years ago essentially preclude multi-family development within 500 feet of freeways and within 200 feet of most major transit lines. BCDC is likely to develop criteria for development in areas subject to sea level rise, which includes many proposed Priority Development Areas.
6. Changes to State Housing Element Law. Plan Bay Area should be modified to proactively endorse changes in state housing element law to better recognize the types of housing that will be needed in the future and to not preordain minimum densities for the entire nine county region. ABAG should commit to working with the State Department of Housing and Community D velopment to:
- Change the 'housing unit ' definition to recognize and fully count many forms ofhousing such as congregate care, assisted living, group homes, college student housing and rehabilitated affordable units.
- Provide for variation and tailoring of minimum density thresholds for affordable housing to better reflect the development capacities and character of their communities rather than current law which establishes these thresholds based arbitrarily on county lines. Marin is included in the San Francisco metropolitan area for determination of the "default density" for affordable housing but shares more the character and environmental limitations of Sonoma and other North Bay counties which are assigned a lower density threshold.
7. Recognition of Local GHG Reduction Efforts. • On page 3, "Building Upon Local Plan and Strategies," the Plan should recognize the extensive efforts underway by local governments in the Bay Area to reduce greenhouse gas emissions such as local climate action plans, green building ordinances, electric vehicle infrastructure , new renewable energy community power providers such as Marin Clean Energy and trip reduction programs such as Safe Routes to School.
8. CEQA Reform. The last sentence on page 130 ofthe "Modernize the California Environmental Quality Act (CEQA)" should be removed as it is not appropriate to apply to the region an interest that is specific to one area. CEQA currently has an infill exemption and an AB375 exemption that can be used to streamline, where appropriate, infill development.
9. Draft Environmental Impact Report. The Draft EIR does not adequately address the effects of sea level rise on planned growth areas and critical infrastructure. Substantial efforts need to be taken by ABAG , MTC and BCDC in resolving policy differences and initiating detailed planning along the entire Bay margin to study alternative solutions, identify needed improvements and funding sources. The Draft EIR also does not adequately identify the availability of a reliable water supply over the period of the plan which is sufficient for both the existing population and expected growth.
10. Most cities and towns in Marin do not have sufficient resources to fully fund their Police, Fire, Recreation , school and other services at current housing levels. ABAG and MTC need to identify additional sources of funding for these vital services which will increase as the projected numbers of affordable housing units are added.
We appreciate the scope of the regional planning effort that has resulted in Plan Bay Area and appreciate the opportunity to review and comment on the Draft Plan and DEIR. We look forward to a response to our comments and questions. Should you have any questions regarding the information in this letter, please contact Robert Brown, our Community Development Director at (415) 899-8938 or e-mail at bbrown@novato.org .
Pat Eklund, Mayor
cc: City Council
Planning Commission City Manager
Transportation Authority of Marin
