In January 2019, the Marin County Board of Supervisors considered a ballot application introduced by the San Geronimo Advocates (golfing advocacy group) that would prevent the County of Marin from allowing the primary land-use of golf without a vote from the residents of Marin County.
This measure would establish a bad environmental precedent for land-use planning in Marin County by establishing ballot box zoning that bypasses localized community planning, targets individual properties, and foreclose other environmental and community benefiting uses of the property (like conversion to a public park).
After hearing from multiple community members and organizations provided public testimony and submitted comments at the meeting. In the end, the Supervisors voted unanimously to order a study of the ballot measures impacts (to be completed in 30-days). Once the report is received, the Supervisors will consider to either adopt an ordinance or to place the measure on a future ballot for the voters to decide.
The Supervisors returned in February, following the impact study, and voted to place the proposed ballot measure on the March 2020 ballot after receiving a report from the Community Development Agency (CDA).
During the Supervisors Meeting, the Community Development Agency highlighted several inconsistencies and interpretation complications with the language in the ballot measure in their staff report. Highlights of the staff report included:
Any change in the use of the property to any other use than golf requires voter approval.
Assumes broad authority over private property and business; as the measure requires the County is required to conduct three studies before placing on a ballot: environmental impact (CEQA), fiscal impact study, and an economic study (historic use including revenues that were collected by golf course for two-year period immediately prior to the change of use).
Measure imposes interpretive challenges for the county due to the terminology and language in the measure including:
Definition of change includes: “Landscape modifications or changes associated with termination of use.” This is unclear as there are not any laws that planting of vegetation or not maintaining the greens is a change in land-use.
Requirement for vertical consistency in planning, prevents making changes in the Community Plan without a vote or for the County to update their Master Plan without requiring a vote.
Presumes County ownership of the property and golfing use immediately prior to the proposed change.
The property is not owned by the County, it is owned by a private party. The time frame required for economic study, the operations ceased in December 31, 2018 and the County cannot access full financial records of private golf operation or that the County has the legal right to do so.
No legal mandate to operate or maintain property as golf course.
Golf course has appropriative rights to Larsen Creek 20 acre feet of water. Under California Law the rights may be lost due to non-use.
Property value due to the assessment and tax revenue very modest, any change in use would have a di minimis impact to the County.
This ballot measure may establish an environmentally negative precedent for land-use planning in Marin County by establishing ballot box zoning that bypasses local efforts for comprehensive community planning and create a pathway to target individual properties.
