Body of News Release
Marin County, CA – The County of Marin is preparing final amendments to its Countywide Plan and Housing Element in response to a court ruling that required the removal of specific provisions. The Board of Supervisors is set to review the proposed amendments at its March 4 meeting.
The amendments stem from a Marin County Superior Court decision, which found that certain provisions in the Countywide Plan (CWP) and Housing Element improperly prioritized housing policies over local community plans. To comply with the court’s order, the County is modifying language to clarify how the CWP and community plans interact, ensuring that neither takes precedence over the other.
The CWP is the primary planning document for the County’s unincorporated areas. Updates to the CWP were approved by the Board in January 2023 and by the State Department of Housing and Community Development (HCD) in June 2023, but a lawsuit was filed in Marin County Superior Court that required the County to revise a handful of clauses in the 764-page document. The Housing Element is a chapter of the CWP that serves as a plan to meet housing needs at all income levels to insure a vibrant equitable community.
The proposed CWP and Housing Element amendments, drafted by the Marin County Planning Commission, remove or modify the precedence clauses to align with the court ruling and ensure that community plans remain a valued policy tool without overriding state-mandated housing policies. To stay legally compliant, the amendments include replacement language indicating how the County will promote expansion of housing options in all unincorporated areas. Most importantly, the updates help keep the Housing Element certified, preserving access to state funding and preventing potential legal or financial penalties.
The amendments do not alter designated housing sites or increase housing unit allocations. Marin County remains responsible for planning 3,569 housing units by 2030, ensuring opportunities for a range of income levels, including essential workers such as teachers, health care staff, and first responders.
The State HCD is reviewing the proposed amendments and has indicated that they largely meet legal requirements, with only minor revisions needed. The Board of Supervisors will consider the amendments one week prior to the March 12 submission deadline. If approved, the County will submit them to Marin County Superior Court. The revised language will also be provided to HCD for final review of Housing Element compliance. An approved Housing Element is needed for the County to maintain local control over development approvals and to be eligible for many forms of funding from the state.
The CWP is based on the principal of sustainability, aligning Marin’s built environment and socioeconomic activities with the natural systems that support life. It focuses on the relationships between environment, economy, and equity, and how all three factors can promote sustainable communities with an adequate supply of housing that is affordable to the diverse community and the workforce.
Learn more on CDA’s webpage about plans, policies, and regulations on land development.