Measure J 11/04/25

Impartial analysis by City Attorney

SAUSALITO COMMERCIAL DISTRICT LOCAL CONTROL MEASURE

MEASURE J

State Housing Element Law requires that the City have a housing element that plans for the City’s assigned Regional Housing Needs Allocation (“RHNA”) of 724 housing units. To comply with this state law, City zoning must provide capacity to construct at least 724 housing units, at various income levels, during the 2023-2031 period. If existing zoning does not allow for such development, state law requires that the City adopt a program of rezoning in the housing element to create such capacity, and to complete all rezoning by the statutory deadline of January 30, 2025.

On May 27, 2025, the City Council adopted the Amended 2023-2031 Housing Element, which includes a program of rezoning on sites throughout the City, with creation of overlay districts, to allow for additional housing development. This program of rezoning also requires overlay zoning on 12 specific sites which are impacted by Ordinance No. 1022 in the City’s commercial districts.

In 1985, Sausalito voters approved Ordinance No. 1022, which limited development in the City’s commercial districts with specific density, coverage, and floor area ratio requirements. This initiative prohibited zoning changes in the commercial districts without voter approval.

If this Measure is approved by a majority of Sausalito voters, overlay zoning would be adopted for 12 sites in the City’s commercial districts, allowing development of residential units consistent with densities in the Amended 2023-2031 Housing Element. Under this Measure, residential development would be allowed on five sites at a density of 20-29 dwelling units per acre (H-29 or M-29 zoning), on one site and a portion of another at 50-70 dwelling units per acre (H-70 or M-70 zoning), and on all remaining sites at 43-49 dwelling units per acre (H-49 or M-49 zoning). Development would be subject to further zoning standards adopted by the City Council for the H-29, M-29, H-49, M-49, H-70 and M-70 overlay districts.

A “yes” vote on Measure J will adopt overlay zoning for housing on the 12 sites in the City’s commercial districts, consistent with the City’s adopted housing element. A “no” vote on Measure J will not amend the City’s zoning map.

Because State Housing Element Law requires the City to complete the entire program of rezoning, both Measures J and K must be approved by voters in order for the City to complete the program of rezoning set forth in the Amended Housing Element and maintain compliance with State Housing Element Law.

During periods of non-compliance with Housing Element Law, the City may be subject to litigation, which may result in penalties ranging initially from $10,000 to $100,000 per month, and appointment of a court-ordered receiver to make changes to the City’s Housing Element. Additionally, courts may suspend the City’s land use and building permitting authority, or mandate approval of permits for residential housing projects. Lastly, developers may use the “Builder’s Remedy” in Government Code 65589.5 to obtain approval of projects inconsistent with City zoning standards.

s/SERGIO RUDIN
City Attorney

The above statement is an impartial analysis of Measure J. If you desire a copy of the Measure, please call the City Clerk at (415) 289-4165 and a copy will be mailed at no cost to you.

Argument in favor of Measure J

Vote YES on J and K – protect Sausalito’s historic community character, create affordable housing, and keep our zoning and land use decisions LOCAL.

YES on J maintains local control, prevents fines, and keeps developer restrictions in place for height, density, traffic, and community character.

Sacramento housing requirements landed us in this mess. After months of community feedback, we created a plan to meet the State’s housing requirements while maintaining Sausalito’s unique, charming community character.

Now, we need YOUR help.

Measure J allows limited development on twelve specified sites in our downtown commercial corridor - keeping ALL other local zoning laws intact.

Measure K, also on your ballot, is a separate measure to allow limited affordable housing development on a portion of the MLK Park site, while maintaining existing park, parking and school uses.

Vote YES on BOTH Measures J and K! Unless both pass, State bureaucrats can override City height limits and zoning restrictions for residential neighborhoods – allowing out-of-town developers to build to whatever height they want, wherever they want – demolishing Sausalito’s character.
But that’s not all. Without Measures J and K, the State could fine Sausalito up to $600,000 every month! These outrageous fines will affect funding used for services you rely on: 911 response, parks, recreation, and infrastructure, leaving us vulnerable to devastating budget cuts.

Again, YES on J:

• Preserves Sausalito’s historic community character
• Ensures Sausalito - NOT Sacramento - controls our zoning and land use decisions
• Prevents $100,000 to $600,000 monthly state fines for noncompliance with state housing requirements

We all love living in Sausalito because of its community character and quality of life – and we must protect it. Join safety, local business, and community leaders: vote YES on J! Protect Sausalito’s character and Local Control!

Get the Facts, Visit sausalito.gov

RAY M. WITHY
Former Sausalito Mayor

SOPHIA COLLIER

CHERYL POPP
Owner, Sausalito Books By Bay

MICHAEL J. STONE
Founder, Mollie Stone’s Markets

Argument against Measure J

No argument against Measure J was filed.