We need your help here in the San Francisco Bay Area.
The regional plan, called PLAN BAY AREA, although it is nearly identical to every other regional plan in the United States, has some additional elements that we believe will be used as a template for the rest of the country. See our flyer for details.
This is so serious that we are launching a legal challenge against PLAN BAY AREA, the Metropolitan Planning Organization (MTC), and the Council of Government (ABAG).
PLAN BAY AREA was drafted with the assistance of ICLEI and is our Agenda 21 Sustainable Communities Strategy here in the Bay Area.
Michael Shaw of Freedom Advocates and I have hired lawyers to write legal objections to the plan in preparation for a lawsuit. This will be a major constitutional challenge. We will need funds to file the suit and to stay in the game. We'll be up against a Goliath--we are 'David.'
Can you put the word out to your groups that we need donations? The Post Sustainability Institute is a 501 c4 non-profit. Donations are not tax deductible. All donations will be used for this legal challenge.
For more information please read our flyer
and see the map. Click here for the
link to PLAN BAY AREA.
Rosa Koire, ASA
Post Sustainability Institute
GOT PROPERTY RIGHTS?
NOT UNDER PLAN BAY AREA
JOIN THE LAWSUIT
PLAN BAY AREA violates the 5th Amendment of the US Constitution by taking property rights without just compensation. By the creation of Priority Development Areas, this Plan restricts 80% of residential development and 66% of commercial development to just a few small areas of your city--until the year 2040. If your property is outside of the PDA (96% of property is outside) you will likely not be able to build or expand your building--and you won't be paid for this loss.
PLAN BAY AREA violates the 14th Amendment of the US Constitution--the Equal Protection Clause. Owners of properties in the Priority Development Areas will receive development permits at a rate of approximately 80 times more than owners of property outside of the Priority Development Areas.
PLAN BAY AREA violates voter-approved Urban Growth Boundary ordinances. Because the Priority Development Areas are within the UGBs but are much smaller restricted areas they are in violation of ordinances that clearly state that development must be encouraged out to the limits of city services: Urban Growth Boundaries. These ordinances are found throughout the Bay Area and cannot be changed without voter approval.
PLAN BAY AREA permanently strips all development rights from rural properties in the nine county Bay Area. Plan Bay Area is effectively taking conservation easements on all rural lands without paying for them.
PLAN BAY AREA restricts development rights of property within the Priority Development Areas, too. Construction will be limited to mixed-use high density Smart Growth development. Existing buildings are likely to be out of compliance with your city's General Plan (legal non-conforming) and permits to make additions or changes will likely not be granted.
PLAN BAY AREA says that cities don't have to comply with it but that is a lie. If your city wants state or federal transportation dollars over the next 28 years, it will have to comply with PLAN BAY AREA. Cities have already created Priority Development Areas in compliance with PLAN BAY AREA.
PLAN BAY AREA affects every property owner in the entire nine county 101 city Bay Area. Only the 1% big developers with their connections to elected and appointed officials will take advantage of tax credits and subsidies.
Rosa Koire, The Post Sustainability Institute, and Michael Shaw, Freedom Advocates are launching a legal action to stop PLAN BAY AREA. Their legal team is compiling the cause of action and writing objections to be entered into the legal record. Legal action is the only way to stop PLAN BAY AREA.
TO DONATE TO THE LAWSUIT: Make checks payable to Post Sustainability Institute (put Legal Fund in memo line), PO Box 15192, Santa Rosa, CA 95404
The Post Sustainability Institute is a 501 c4 non-profit. Donations are not tax deductible. All funds will be used for this lawsuit only. www.PostSustainabilityInstitute.org