Marin swaps ‘fair housing’ language in county plan

Call it: The Precedence Precedent. At least that’s how one might look at a recent Marin Superior Court ruling requiring the County of Marin remove so-called “precedence clauses” in its countywide plan, which allowed county housing plans to override language in community plans for some established unincorporated neighborhoods. The precedence clauses were added to the countywide plan in 2023 to demonstrate the county’s resolve in furthering state fair-housing requirements. But a local resident Bruce Corcoran, who lives in the unincorporated community of Strawberry, last year filed a suit taking exception to the clauses, and Superior Court Judge Sheila Shah Lichtblau agreed. Choosing not to challenge the ruling, county supervisors voted in March to remove the clauses. Still, county officials added language specifying its commitment to conduct yearly outreach to property owners promoting housing “opportunity,” as well as addressing constraints to multifamily development and “promoting housing choice and affordability in higher resource areas,” as reported by the Marin IJ.

“The court required removal of specific language in the Housing Element and other parts of the [countywide plan], but to stay legally compliant the amendments need to include replacement language indicating how the County will promote expansion of housing options in all unincorporated communities,” county officials said in a statement.