HomeMy WebLinkAboutCC Resolution 15215 (San Rafael 2023-2031 Housing Element and Related General Plan and Zoning Amendments)Resolution Adopting the 2023-2031 San Rafael Housing Element and
Amendments to the Safety and Resilience Element 1
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RESOLUTION 15215
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING THE SAN RAFAEL 2023-
2031 HOUSING ELEMENT AND AMENDING THE SAFETY AND RESILIENCE ELEMENT OF
GENERAL PLAN 2040
WHEREAS, the California legislature has found that “California has a housing supply and
affordability crisis of historic proportions” and further that “the consequences of failing to
effectively and aggressively confront this crisis are hurting millions of Californians, robbing future
generations of the chance to call California home, stifling economic opportunities for workers and
businesses, worsening poverty and homelessness, and undermining the state’s environmental
and climate objectives” (Gov. Code Section 65589.5.); and
WHEREAS, the legislature has further found that “Among the consequences of those
actions are discrimination against low-income and minority households, lack of housing to support
employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive
commuting, and air quality deterioration” (Gov. Code Section 65589.5.); and
WHEREAS, the legislature adopted the Housing Crisis Act of 2019 (SB 330) which states
that “California needs an estimated 180,000 additional homes annually to keep up with population
growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and
WHEREAS, State Housing Element Law (Government Code Sections 65580, et seq.)
requires that the City of San Rafael adopt a Housing Element for the eight-year period 2023-2031
to accommodate the City’s regional housing need allocation (RHNA) of 3,220 housing units,
comprised of 857 very-low-income units, 492 low-income units, 521 moderate-income units, and
1,350 above moderate-income units; and
WHEREAS, to comply with State Housing Element Law, the City of San Rafael has
prepared the San Rafael 2023-2031 Housing Element (the Housing Element); and
WHEREAS, as provided in Government Code Section 65350, et seq., the Housing
Element constitutes an amendment to the San Rafael 2040 General Plan; and
WHEREAS, as provided in Government Code Sections 65352 – 65352.5 for general plan
amendments, the City contacted California Native American tribes on the contact list provided by
the Native American Heritage Commission and informed them of the opportunity for consultation
under AB 52 and SB 18; and no requests for consultation were received; and
WHEREAS, the City has prepared the Housing Element in accordance with State Housing
Element Law; and
WHEREAS, State law requires that the City take meaningful steps to promote and
affirmatively further fair housing (Gov. Code Section 65583(c)(5)); and
WHEREAS, State law requires that the City make zoning available for all types of housing,
including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and
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WHEREAS, the preparation, adoption, and implementation of the Housing Element and
related General Plan Amendments, and zoning ordinance and map amendments requires a
diligent effort to include all economic segments of the community; and
WHEREAS, the City conducted an extensive community outreach program between
September 2021 and March 2023, including a noticing list with over 1,100 email addresses, a
dedicated website landing page, flyers and postcards preceding project-related events;
community workshops in November 2021, July 2022, and August 2022; including Spanish and
Vietnamese translation; meetings and interviews with housing and tenant advocacy organization;
and presentations to major civic groups and organizations; and
WHEREAS, the City Council created a 13-member Working Group to guide the Housing
Element Update process and that Group met eight times between December 2021 and August
2022, providing substantive guidance used to shape new housing policies and programs; and
WHEREAS, the Planning Commission convened public meetings specifically focused on
the Housing Element on September 28, 2021; February 15, 2022; June 28, 2022; July 13, 2022;
and November 15, 2022 and received public input on housing issues at each meeting; and
WHEREAS, the San Rafael City Council was briefed on the Housing Element at meetings
on August 16, 2021; November 1, 2021; April 4, 2022; and August 1, 2022; and approved
submittal of the Working Draft Housing Element for initial HCD review at its regular meeting on
December 5, 2022; and provided opportunities for public input on housing issues at each meeting;
and
WHEREAS, the outreach and engagement program for the Housing Element was
particularly focused on populations with the most significant unmet housing needs, including non-
English speaking residents, persons with disabilities, and lower income households, including
coordination with the community-based organizations representing these populations; and
WHEREAS, the outreach and engagement program also involved housing providers,
including developers and the local business community, in order to most effectively address and
remove constraints to housing preservation and development; and
WHEREAS, outreach efforts were coordinated with ongoing City initiatives to be a more
equitable and inclusive community; and
WHEREAS, public input was considered and incorporated in the policy and program
recommendations, and provided local knowledge that was essential in documenting existing
conditions and issues; and
WHEREAS, staff published a Working Draft Housing Element on November 4, 2022,
circulated that Draft for public review for 30 days, convened a Planning Commission meeting on
the Draft on November 15, 2022, received written and oral comments throughout the 30 days,
and presented the Draft to the City Council on December 5, 2022, including public comment; and
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WHEREAS, on December 5, 2022, the City Council recommended submittal of the
Working Draft to the State Department of Housing and Community Development (HCD) for their
initial review; and
WHEREAS, the City allowed 10 business days following the December 5 meeting to
revise the HCD Draft and incorporated public comment, in accordance with Government Code
Section 65585 (b), and submitted the Draft Housing Element to HCD on December 20, 2022; and
WHEREAS, City staff convened two meetings with HCD during the 90-day review period
to discuss HCD’s initial observations and comments on the Working Draft, so that the City was
positioned to respond to HCD’s comments more rapidly upon receipt of the Findings letter; and
WHEREAS, on March 20, 2023, the City received a letter from HCD providing its findings
regarding the Draft Housing Element (Exhibit “1-A”). The findings stated that while the Draft
Housing Element addressed many statutory requirements, revisions would be necessary to
comply with State Housing Element Law; and
WHEREAS, the City systematically analyzed HCD’s findings and segmented their findings
letter into numbered comments requiring a response or revision (Exhibit “1-B”); and
WHEREAS, the City responded to each numbered item in the findings letter and revised
the Housing Element so that it now substantially complies with all State Housing Element Law
requirements (Exhibit “1-C”); and
WHEREAS, the City produced a “tracked change” version (Exhibit “1-D”) of the HCD Draft
Housing Element identifying all the edits and changes, and a “clean version,” (Exhibit “1-E”)
referred to as the “Adoption Draft”, and published that Draft to the City’s website on April 20, 2023;
and
WHEREAS, the City submitted its “tracked change” document to HCD for an informal
technical review prior to presenting it to the Planning Commission and City Council, and received
direction to make further modifications to several sections, and subsequently made those
modifications;
WHEREAS, the City notified all interested parties of the availability of the “Adoption Draft,”
the opportunity to provide comments, and the dates of upcoming public hearings; and
WHEREAS, the State adopted Senate Bill 99 (SB 99) in 2019, requiring specific
amendments to the Safety and Resilience Element to be adopted concurrently with the next
update to the Housing Element. These amendments require each jurisdiction to identify existing
residential developments in hazard areas that do not have at least two emergency evacuation
routes; and
WHEREAS, the City of San Rafael has prepared the maps required under SB 99 as well
as supplemental text for the Safety and Resilience Element to summarize the implications of the
mapped data for land use and emergency preparedness planning; and
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WHEREAS, no other amendments to the San Rafael General Plan have been deemed
necessary to maintain internal consistency with the Draft Housing Element and proposed changes
to the Safety and Resilience Element; and
WHEREAS, on August 2, 2021, the City Council certified the General Plan 2040 and
Downtown Precise Plan (General Plan 2040) Environmental Impact Report (SCH No.
2019039167) (“Certified EIR”) and adopted General Plan 2040 (“Approved Project”). The Housing
Element 2023-2031 update and amendments to the Safety and Resilience Element modify the
Approved Project (General Plan 2040) and together constitute the “Modified Project”; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA) and the
State CEQA Guidelines, the City has prepared an Addendum to the Certified EIR which includes
an analysis of the provisions of Section 21166 of CEQA and Section 15162 of the State CEQA
Guidelines and their applicability to the Modified Project. Said Addendum is on file with the San
Rafael Community Development Department; and
WHEREAS, the Addendum concludes that the Modified Project does not result in a
change to the impacts evaluated in the Certified EIR for housing, population and growth,
transportation, air quality, noise, biological resources, or other environmental categories; does not
result in any actions by the City that would result in any new growth potential than what was
evaluated in the Certified EIR; and does not result in a new impact or a substantial increase in
magnitude of the existing impacts evaluated in the Certified EIR; and
WHEREAS, the Addendum does not identify any substantial changes to the Approved
Project, or substantial changes with respect to the circumstances under which the Modified
Project is undertaken, which would require major revisions to the Certified EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
significant effects identified in the Certified EIR, and does not identify any new information which
might require additional environmental review pursuant to Section 21666 of CEQA and Section
15162 of the State CEQA Guidelines; and
WHEREAS, on April 25, 2023, the Planning Commission convened a public hearing and
adopted a resolution recommending that the City Council find that the 2023-2031 Housing
Element and Safety and Resilience Element Amendments were completed in compliance with
CEQA and that the City Council adopt the Housing Element and the amendments to the Safety
and Resilience Element as presented; and
WHEREAS, the City provided the legally required notice of the May 15, 2023 City Council
meeting in the Marin Independent Journal; and
WHEREAS, the City Council conducted a duly and properly noticed public hearing on May
15, 2023 to take public testimony and consider this Resolution, reviewed the Housing Element
and revised Safety and Resilience Element; all pertinent maps, documents and exhibits, including
HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and
oral and written public comments; and
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WHEREAS, the custodian of documents which constitute the record of proceedings upon
which this decision is based is the Community Development Department:
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council makes the
following findings based on substantial evidence in the record:
1. The foregoing recitals are true and correct and are incorporated by reference into this
action.
2. The project has been completed in compliance with the California Environmental Quality
Act (CEQA) as described above and an Addendum has been prepared. The Addendum,
which is attached herewith as Exhibit 1-G, adequately documents that none of the
conditions requiring a subsequent or supplemental EIR are required for consideration of
the Modified Project, including but not limited to the provisions of Section 21666 of CEQA
and Section 15162 of the State CEQA Guidelines, and that use of the Addendum is
appropriate pursuant to Section 15164 of the State CEQA Guidelines.
3. The public interest would be served by the adoption of the 2023-2031 Housing Element in
that the action would comply with State Housing Element Law, maintain the City’s eligibility
for grants and other funding sources contingent on having a certified Housing Element,
protect the City from fines, penalties, and increased risk of litigation associated with having
a non-compliant Housing Element, and support the City’s efforts to maintain local control
over local land use decisions, which could be jeopardized in the absence of a certified
Housing Element. Second, adoption of the Housing Element would provide a
comprehensive set of programs to address Housing Needs. This includes programs to
end and prevent homelessness; combat housing discrimination, eliminate racial bias, and
undo historic patterns of segregation; ensure housing habitability and maintenance; and
meet housing needs by providing a range of housing choices and affordability levels
throughout the city.
California’s housing crisis has resulted in limited housing opportunities for the San Rafael
workforce, leading to excessive commuting, air quality deterioration, and greenhouse gas
emissions that make it more difficult to achieve the goals of the San Rafael General Plan.
Moreover, the needs assessment for the Housing Element found that there are limited
housing options available for residents with low and very low-incomes, that housing
opportunities are not equally distributed across the city, and that older adults, persons with
disabilities, students, immigrants, single parents, and other groups are living in housing
that does not meet their needs. This has led to high cost burdens among many
households, particularly for lower-income households. The lack of housing for low- and
moderate-income households makes it more difficult to achieve the state mandate to
affirmatively further fair housing in each community and perpetuates housing inequity at
the local and regional levels. Adoption of the Housing Element serves an urgent
community need while supporting San Rafael’s goal of being a more complete and
inclusive community that accommodates households of all sizes, backgrounds, and
income levels.
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5. The public interest also would be served by the adoption of the revisions to the Safety and
Resilience Element in that the action would comply with State law, alert emergency
services personnel to locations with constrained access, provide a foundation for
emergency response planning to address the needs of these areas, inform future land use
policies for constrained parcel clusters, and provide a benchmark for capital improvements
and other provisions to improve access to these areas.
6. Adoption of the 2023-2031 Housing Element and Safety and Resilience Element
amendments would be consistent with, and would not conflict with, the other elements of
the San Rafael General Plan 2040, including the goals, policies, and programs contained
therein.
a. The 2023-2031 Housing Element supports the guiding principles of San Rafael
General Plan 2040, which include conserving and modernizing the city’s housing
stock, building more housing, increasing housing choices for the local workforce,
meeting special needs, encouraging aging in community, improving housing
affordability, and treating all residents fairly. The Housing Element further supports
other General Plan principles, including ending homelessness, reducing income
inequality, promoting a thriving downtown, and living more sustainably.
b. The 2023-2031 Housing Element is consistent with the land use, mobility,
neighborhoods, community design, economic vitality, community services and
infrastructure, and safety and resilience goals expressed in the San Rafael
General Plan 2040. It further advances the goals articulated in the Equity,
Diversity, and Inclusion Element, including Goal EDI-3 to improve housing stability
for all San Rafael residents. Likewise, the Safety and Resilience Element
amendments reinforce the other elements of the General Plan by improving
emergency preparedness and aligning land use, housing, transportation and open
space policies with hazards and evacuation capacity.
c. The 2023-2031 Housing Element accommodates San Rafael’s RHNA without
requiring changes to the General Plan Land Use Map, modifications to density
ranges, or Downtown Precise Plan.
d. The 2023-2031 Housing Element carries forward much of the policy and program
framework from the 2015-2023 Housing Element, while making important
additions that will remove constraints to housing production, respond to current
needs and issues, and affirmatively further fair housing in all parts of the city.
e. The Housing Element, as presented, conforms with best practices in planning and
public policy and follows the guidance provided by the State Department of
Housing and Community Development. The Element provides essential policy
guidance on housing issues in San Rafael, includes measurable targets for
production and conservation, identifies specific timelines for implementation, and
indicates the parties responsible for carrying out each action. Annual reporting
requirements ensure will help ensure accountability.
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7. The City Council makes the following specific findings for Non-Vacant Sites, as required by
State law.
a. Section 65583.2(g)(2) of the California Government Code requires any jurisdiction
relying on non-vacant sites to meet more than 50 percent of the RHNA for lower-
income households to make findings that the existing uses on the non-vacant sites
are not impediments to residential development during the planning period. The
findings must be made on substantial evidence that the existing uses are likely to
be discontinued during the planning period. HCD has defined non-vacant sites very
broadly, including parking lots, utility yards, and sites with vacant buildings.
b. Because San Rafael is a mature city with limited potential for annexation, it has a
limited supply of vacant land. Most of the undeveloped land in the city is publicly
owned and has been designated as permanent open space. Most of the privately-
owned vacant land in the city is constrained by poor access, steep slopes, and
natural hazards. These sites are not well situated for lower income housing, which
requires relatively high-densities and proximity to services and public
transportation. As a result, approximately 92 percent of the lower income capacity
identified in this Housing Element is associated with sites meeting HCD’s definition
of “non-vacant.”
c. Based on substantial evidence in the record, the City has found that existing uses
on the non-vacant sites listed in the site inventory are likely to be discontinued
during the planning period and therefore do not constitute an impediment to
planned residential development during the planning period. The substantial
evidence is provided in Chapter 4 and Appendix B of the Housing Element and
includes the following:
i. The City has created incentives for higher-density residential uses on non-
vacant sites. This includes the elimination of density and floor area ratio
(FAR) limits on all Downtown sites, and the automatic granting of a 10- to
20-foot height bonus for affordable housing and other housing projects
meeting the city’s inclusionary zoning requirements. Outside of Downtown,
residential uses are not counted toward in the FAR allowance, creating
incentives to develop residential uses on commercial sites and develop
mixed use projects rather than projects that are entirely commercial.
ii. The City has provided more capacity for lower income housing than is
required by the RHNA, consistent with State law and “buffer” requirements.
This provides additional flexibility in the event some of the non-vacant sites
become unavailable during the planning period.
iii. Most of the lower-income housing recently developed in San Rafael has
been on non-vacant sites. The 32-unit Homeward Bound project at 190
Mill Street was developed on the site of a former shelter. The 67-unit
Vivalon affordable senior project was formerly a PG&E facility. The 44-unit
HomeKey project at 3301 Kerner is a converted office building.
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iv. Most of the approved and proposed multi-family development in San Rafael
is on non-vacant sites. Approved residential projects on non-vacant sites
include 703 Third Street, 1010 Northgate Drive (Northgate Walk), 88 Vivian
Street, 1515 Fourth Street, and 350 Merrydale. Proposed residential
projects on non-vacant sites include Northgate Town Square and 420
Fourth Street.
v. The estimated housing yields used in the Housing Element are
conservative, especially for Downtown sites and multi-family/mixed use
sites. Recently proposed projects typically have exceeded the number of
units allowed by zoning due to density bonuses, suggesting that the actual
number of units developed on opportunity sites will exceed the figures used
in the Housing Element.
vi. The City’s zoning regulations strongly support multi-family residential and
mixed use development on commercially zoned properties. Market trends
favor residential uses over office and retail uses in these areas, given high
post-pandemic office vacancy rates and the depressed demand for brick-
and-mortar retail. The City is developing objective design and development
standards to support ministerial approval of affordable housing projects on
these sites, creating additional incentives for residential use.
vii. The City has analyzed the potential for housing on non-vacant commercial
sites based on a consistent set of metrics, such as the ratio of assessed
improvement value to land value, the square footage of existing floor area
relative to what is permitted by zoning, the age and condition of structures,
and the size and shape of each parcel. Non-vacant housing sites have
been systematically identified based on these metrics.
viii. The City has included Table 4.4 in the Housing Element, stating the
rationale for including each non-vacant site outside of Downtown that is
included in the inventory. The City has also included Table 4.5 in the
Housing Element, stating the rationale for including each non-vacant site
(with the capacity to generate at least 30 units) within the Downtown area.
In both tables, the City has presented evidence that the site is viable for
multi-family residential uses.
8. As required by Government Code Section 65585, the City Council has considered the findings
made by the Department of Housing and Community Development (HCD) included in HCD’s
letter to San Rafael dated March 20, 2023. The City revised the “Draft Housing Element”
transmitted to HCD on December 20, 2022, to address each of the findings in the HCD letter.
The Housing Element now substantially complies with all requirements of State Housing
Element Law as interpreted by HCD. The revisions, and the manner in which they address
the HCD comment, have been listed in Exhibit “1-B” to this Resolution, which is incorporated
herein by reference. The City has also prepared Exhibit “1-C” which identifies the Housing
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Element page on which each requirement of the Housing Element Law is addressed.
9. The City has prepared a “tracked change” version of the December 20, 2022, document
submitted to HCD to identify the edits made in response to the HCD’s findings. This is Exhibit
“1-D” to this Resolution and is incorporated herein by reference.
10. The City has prepared a “clean” version of the Housing Element (“Adoption Draft”) that
accepts all changes shown in the tracked change document. This is Exhibit “1-E” to this
Resolution and is incorporated herein by reference.
11. The City has prepared text amendments to the Safety and Resilience Element, and added
Appendix K to General Plan 2040, in order to meet the requirements of SB99. The text
amendments and Appendix are attached as Exhibit “1-F” to this Resolution and are
incorporated herein by reference.
Based on the findings above, the San Rafael City Council:
1. Adopts the first General Plan 2040 EIR Addendum, attached herewith as Exhibit “1-G”,
together with the previously Certified EIR. This action occurs prior to and as part of making
the decision to approve the Modified Project
2. Repeals the 2015-2023 Housing Element in its entirety.
3. Adopts the Adoption Draft Housing Element in substantially the form attached hereto as
Exhibit “1-E”.
4. Authorizes the Community Development Director to submit Exhibits “1-B” through “1-E” to
HCD, with a request for a compliance determination.
5. Authorizes the Community Development Director to make any non-substantive changes to
the Housing Element that may be required by HCD to achieve certification or that may be
necessary to ensure internal consistency with other planning documents.
6. Authorizes the Community Development Director to distribute copies of the Housing Element
in the manner provided in Government Code Sections 65357 (requiring that copies be
provided to specific public entities and persons submitting comments) and 65589.7 (requiring
that copies be submitted to water and sewer service providers).
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BE IT FURTHER RESOLVED, that any documents attached by hyperlink to this resolution
will be edited as necessary following adoption to incorporate the final approved documents,
included related addenda,
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of San Rafael
held on May 15th, 2023, by the following vote, to wit:
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Lindsay Lara, City Clerk
Exhibits:
1-A. March 20, 2023 letter from HCD to City of San Rafael
1-B. City Responses to HCD letter
1-C. Demonstration of Compliance with Government Code
1-D. 2023-2031 Housing Element Tracked Change Edition (hyperlink)
1-E. 2023-2031 Housing Element Adoption Draft (“clean copy”) (hyperlink)
1-F: Amendments to the Safety and Resilience Element
1-G. Addendum 1 to San Rafael General Plan 2040 EIR (hyperlink)
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
March 20, 2023
Alicia Giudice, Director
Community Development Division
City of San Rafael
1400 Fifth Avenue, Top Floor
San Rafael, CA 94901
Dear Alicia Guidice:
RE: City of San Rafael’s 6th Cycle (2023-2031) Draft Housing Element (Update)
Thank you for submitting the City of San Rafael’s (City) draft housing element update
received for review on December 20, 2022. Pursuant to Government Code section
65585, subdivision (b), the California Department of Housing and Community
Development (HCD) is reporting the results of its review. Our review was facilitated by
telephone conversations on February 15, 2023 and March 9, 2023 with you,
Alexis Captanian, Liz Darby, and Barry Miller. In addition, HCD considered comments
from Canal Alliance, Community Action Marin, Legal Aid of Marin, TransForm, YIMBY
Law/Greenbelt Alliance, Kevin Bruke, David Kellogg, and Jenny Silva pursuant to
Government Code section 65585, subdivision (c).
The draft housing element addresses many statutory requirements; however, revisions
will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov.
Code). The enclosed Appendix describes the revisions needed to comply with State
Housing Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if
a local government fails to adopt a compliant housing element within 120 days of the
statutory deadline (January 31, 2023), then any rezoning to accommodate the regional
housing needs allocation (RHNA), including for lower-income households, shall be
completed no later than one year from the statutory deadline. Otherwise, the local
government’s housing element will no longer comply with State Housing Element Law,
and HCD may revoke its finding of substantial compliance pursuant to Government
Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a
compliant housing element within one year from the statutory deadline, the element
cannot be found in substantial compliance until rezones to accommodate a shortfall of
sites pursuant to Government Code section 65583, subdivision (c), paragraph (1), e
Alicia Giudice, Director
Page 2
subparagraph (A) and Government Code section 65583.2, subdivision (c) are
completed.
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City must continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available while considering and incorporating comments where appropriate. Please be
aware, any revisions to the element must be posted on the local government’s website
and to email a link to all individuals and organizations that have previously requested
notices relating to the local government’s housing element at least seven days before
submitting to HCD.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities programs; and HCD’s Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City meets housing element requirements for these and other funding
sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the diligent efforts and outstanding dedication your team provided in
the preparation of the City’s housing element. We are committed to assisting the City in
addressing all statutory requirements of State Housing Element Law. If you have any
questions or need additional technical assistance, please contact Chelsea Lee, of our
staff, at Chelsea.Lee@hcd.ca.gov.
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
Enclosure ~ \
City of San Rafael’s 6th Cycle Draft Housing Element (Update) Page 1
March 20, 2023
APPENDIX
CITY OF SAN RAFAEL
The following changes are necessary to bring the City’s housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at
https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other
resources, the housing element section contains HCD’s latest technical assistance tool, Building
Blocks for Effective Housing Elements (Building Blocks), available at
https://www.hcd.ca.gov/planning-and-community-development/housing-elements/building-blocks
and includes the Government Code addressing State Housing Element Law and other
resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress
in implementation, and reflect the results of this review in the revised element. (Gov. Code,
§ 65588 (a) and (b).)
As part of the evaluation of programs in the past cycle (Chapter 2), the element must
provide an explanation of the effectiveness of goals, policies, and related actions in meeting
the housing needs of special needs populations (e.g., elderly, persons with disabilities, large
households, female-headed households, farmworkers and persons experiencing
homelessness).
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Enforcement & Outreach: While the element discusses outreach capacity for fair housing
issues and includes an analysis of fair housing complaints, it must also describe the City’s
compliance with existing fair housing laws and regulations. For additional information,
please see pages 28-30 on HCD’s Affirmatively Furthering Fair Housing (AFFH)
Guidance Memo at https://www.hcd.ca.gov/community-
development/affh/docs/AFFH_Document_Final_4-27-2021.pdf.
2. Include an analysis of population and employment trends and documentation of
projections and a quantification of the locality's existing and projected needs for all
income levels, including extremely low-income households. (Gov. Code, § 65583, subd.
(a)(1).)
City of San Rafael’s 6th Cycle Draft Housing Element (Update) Page 2
March 20, 2023
Extremely Low-Income (ELI) Households: While the element included the total number of
existing ELI households, it must also quantify the number of existing ELI households by
tenure (i.e., renter and owner).
3. Include an analysis and documentation of household characteristics, including level of
payment compared to ability to pay, housing characteristics, including overcrowding, and
housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Overpayment: While the element included the total number of low-income households
overpaying for housing, it must also quantify the number of low-income households that
are cost burdened by tenure (i.e., renter and owner).
Housing Conditions: While the element identifies the age of the housing stock and
includes some information on housing stock conditions from American Community Survey
(ACS) data (pp. 3-53), it must also estimate the number of units in need of replacement
and rehabilitation. For example, the analysis could include estimates from a recent
windshield survey or sampling, estimates from the code enforcement agency, or
information from knowledgeable builders/developers, including nonprofit housing
developers or organizations.
4. An inventory of land suitable and available for residential development, including vacant
sites and sites having realistic and demonstrated potential for redevelopment during the
planning period to meet the locality’s housing need for a designated income level, and an
analysis of the relationship of zoning and public facilities and services to these sites.
(Gov. Code, § 65583, subd. (a)(3).)
The City has a regional housing needs allocation (RHNA) of 3,220 housing units, of which
1,349 are for lower-income households, 521 are for moderate-income households, and
1,350 are for above-moderate income households. To address this need, the element
relies on pipeline projects, vacant and underutilized residential sites, mixed-use sites, and
Accessory Dwelling Units (ADUs). To demonstrate the adequacy of these sites and
strategies to accommodate the City’s RHNA, the element must include complete
analyses:
Progress in Meeting the RHNA: The element relies on a significant number of pipeline
projects to meet its RHNA. Specifically, the element identifies 1,989 units that are either
pending, approved, or under construction. The element must demonstrate these units are
expected to be constructed during the planning period. To demonstrate the availability of
units within the planning period, the element could analyze infrastructure schedules, the
City’s past completion rates on pipeline projects, outreach with project developers, and
should describe any expiration dates on entitlements, anticipated timelines for final
approvals, and any remaining steps for projects to receive final entitlements. In addition,
given the City’s reliance on pipeline projects, the element must include programs with
actions that commit to facilitating development and monitoring approvals of the projects
(e.g., coordination with applications to approve remaining entitlements, supporting funding
applications, expediting approvals, rezoning or identification of additional sites should the
applications not be approved).
City of San Rafael’s 6th Cycle Draft Housing Element (Update) Page 3
March 20, 2023
Adequate Site Alternative: Table 4.2 indicates the City is crediting 44 units affordable to
extremely low-income households towards its RHNA as part of a Homekey Project. To
credit these units toward the City’s housing need, the element must demonstrate
compliance with all the statutory requirements (Gov. Code, § 65583.1, subd. (c)(2)(D)).
For example, the element must demonstrate that the affordability for the units determined
will be maintained for at least 55 years, units be made available for people experiencing
homelessness as defined in Section 578.3 of Title 24 of the Code of Federal Regulations
and will be affordable to very-low and low-income households at the time the units were
identified for preservation, among other things. For additional information and an
Alternative Sites Checklist, see the Building Blocks at https://www.hcd.ca.gov/community-
development/building-blocks/site-inventory-analysis/adequate-sites-
alternatives/docs/adequate_site_alt_checklist.pdf.
Realistic Capacity: While the element provides analysis and assumptions of realistic
buildout for sites included in the inventory (pp. 4-14-23), additional information is required
to fully address this requirement. Specifically, the element appears to assume residential
development on sites with zoning that allow 100 percent nonresidential uses. The
element identifies mixed-use sites located within and outside of Downtown San Rafael
and notes that these sites represent a substantial opportunity for housing, but it must still
account for the likelihood of nonresidential uses. The element should include analysis
based on factors such as development trends, performance standards or other relevant
factors. For example, the element could analyze all development activity in these
nonresidential zones, how often residential development occurs and adjust residential
capacity calculations, policies, and programs accordingly.
Small and Large Sites: Sites larger than ten acres in size or smaller than a half-acre in
size are deemed inadequate to accommodate housing for lower-income households
unless it is demonstrated, with sufficient evidence, that sites are suitable to accommodate
housing for lower-income households. While the element included a few examples about
developments on small and large sites (pp. 4-3, 4-15, 4-21), it must also provide specific
examples with the densities, affordability, and if applicable, circumstances leading to lot
consolidation or subdivision. The element should relate these examples to the sites
identified to accommodate the RHNA for lower-income households to demonstrate that
these sites can adequately accommodate the City’s lower-income housing need. Based
on a complete analysis, the City should consider adding or revising Program 38 to include
incentives for facilitating development on small and large sites.
Suitability of Nonvacant Sites: While the element includes an analysis demonstrating the
potential for redevelopment of nonvacant sites, including information such as age of
structures, low improvement to land value ratios, and expressed developer interest,
additional information is required to address this finding. The element should analyze the
extent that existing uses may impede additional residential development. For example,
the element includes sites with existing anchor supermarkets, religious institutions, and
fast-food chain restaurants (Appendix B). To better correlate the potential for converting
existing uses to higher density residential development, the element should relate past
development trends described on pages 4-16 and 4-19 to the sites identified in the
City of San Rafael’s 6th Cycle Draft Housing Element (Update) Page 4
March 20, 2023
inventory and add or modify programs as necessary to encourage and facilitate
residential development on these sites. This is particularly significant considering that
several of these sites were included in prior planning cycles.
In addition, as noted in the element, the City relies upon nonvacant sites to accommodate
more than 50 percent of the RHNA for lower-income households. For your information,
the element must demonstrate existing uses are not an impediment to additional
residential development and will likely discontinue in the planning period (Gov. Code,
§ 65583.2, subd. (g)(2).). Absent findings (e.g., adoption resolution) based on substantial
evidence, the existing uses will be presumed to impede additional residential
development and will not be utilized toward demonstrating adequate sites to
accommodate the RHNA.
Accessory Dwelling Units (ADUs): The element projects 200 ADUs to be constructed over
the planning period, averaging 25 units per year. This projection was based on annual
permit data from 2018-2021 (pp. 4-13). However, Annual Progress Reports submitted by
the City indicated building permit figures of 24, 13, 36, and 18 for 2018, 2019, 2020, and
2021, respectively. The element should reconcile these figures and adjust assumptions
as appropriate. In addition, a cursory review of the City’s ordinance by HCD discovered
areas which appear to be inconsistent with State ADU Law. As a result, the element
should add or modify a program to update the City’s ADU ordinance in order to comply
with state law. For more information, please consult HCD’s ADU Guidebook, updated in
July 2022, which provides detailed information on new state requirements surrounding
ADU development.
Availability of Infrastructure: The element includes some discussion on water and sewer
providers in the City but describes some infrastructure limitations including drought and
the need for capital improvement projects (pp. 4-36). The element must clarify whether
there is sufficient total water and sewer capacity (existing and planned) to accommodate
the regional housing need and include programs if necessary.
Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), the
City must utilize standards, forms, and definitions adopted by HCD when preparing the sites
inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-
and-community-development/housing-elements for a copy of the form and instructions. The
City can reach out to HCD at sitesinventory@hcd.ca.gov for technical assistance. Please note,
upon adoption of the housing element, the City must submit an electronic version of the sites
inventory with its adopted housing element to sitesinventory@hcd.ca.gov.
Zoning for a Variety of Housing Types:
• Emergency Shelters: While the element acknowledged that emergency shelter parking
requirements should be updated pursuant to AB 139 (Chapter 335, Statutes of 2019),
no corresponding action in Program 4 was found. The element should be revised to
demonstrate consistency with AB 139, which requires only sufficient parking to
accommodate all staff working in the emergency shelter, provided that the standards
do not require more parking for emergency shelters than other residential or
commercial uses within the same zone. In addition, while the element included some
City of San Rafael’s 6th Cycle Draft Housing Element (Update) Page 5
March 20, 2023
discussion on development standards for emergency shelters in the area south of
Bellam/east of I-580, it must also include analysis on proximity to transportation and
services for these sites, hazardous conditions, and any conditions inappropriate for
human habitability.
For your information, Chapter 654, Statutes of 2022 (AB 2339), adds additional
specificity on how cities and counties plan for emergency shelters and ensure
sufficient and suitable capacity. Future submittals of the housing element may need to
address these statutory requirements. For additional information and timing
requirements, please see HCD’s memo at
https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339-
notice.pdf.
• Supportive and Transitional Housing: The element states that supportive and
transitional housing are treated as residential uses subject only to those restrictions
that apply to other residential uses of the same type in the same zone (pp. 5-25).
Additionally, the element included Table 5.7, listing allowable uses per zoning district.
However, this table did not reflect whether transitional and supportive housing are
allowed in zones that allow for residential uses (e.g., downtown commercial,
community commercial, etc.,). The element should reconcile this information and
specifically clarify whether the City permits these types of housing as a residential use
and only subject to those restrictions that apply to other residential dwellings of the
same type in the same zone pursuant to Government Code section 65583 (a)(5).
Finally, supportive housing shall be a use by-right in zones where multifamily and
mixed uses are permitted, including nonresidential zones permitting multifamily uses
pursuant to Government Code section 65651. The element must demonstrate
compliance with these requirements and include programs as appropriate.
• Housing for Agricultural Employees: The element must demonstrate zoning is
consistent with the Employee Housing Act (Health and Safety Code, § 17000 et seq.),
specifically, sections 17021.5 and 17021.6. Section 17021.5 requires employee
housing for six or fewer employees to be treated as a single-family structure and
permitted in the same manner as other dwellings of the same type in the same zone.
To address this, the element references an action to be included in its programs (pg.
5-29) but no such program was found. In addition, 17021.6 requires employee housing
consisting of no more than 12 units or 36 beds to be permitted in the same manner as
other agricultural uses in the same zone. For additional information and sample
analysis, see the Building Blocks at https://www.hcd.ca.gov/planning-and-community-
development/housing-elements/building-blocks/farmworkers.
5. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building
codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures... (Gov. Code, § 65583, subd.
(a)(5).)
City of San Rafael’s 6th Cycle Draft Housing Element (Update) Page 6
March 20, 2023
Land-Use Controls: While the element included discussion of development standards in
many residential districts, including the Downtown Precise Plan districts, it must also
provide analysis on development standards for the Downtown Station Area Plans. In
addition, the element identifies open space and minimum lot coverage requirements for
multi-family development in the HR-1 zones as constraints and identifies programs to
address these constraints (pp. 5-10; 5-14). However, no corresponding actions were
found in Program 42 (Zoning Text and Map Revisions). Accordingly, Program 42 should
be modified to address these constraints.
Processing and Permit Procedures: The element identified the Planned Development
(PD) process for parcels greater than five acres as a constraint on housing and indicates
that the City’s General Plan contains an action to make the PD process optional for
parcels greater than five acres (pp. 5-7). Accordingly, Program 41 (Streamlining of
Development Approval) should also be modified to address this constraint. In addition, the
element should address public comments on this revised draft submittal and discuss
compliance with the Permit Streamlining Act and intersections with CEQA and timing
requirements, including streamlining determinations and add or modify programs as
appropriate.
Zoning, Development Standards, and Fees: The element must clarify compliance with
new transparency requirements for posting all zoning, development standards, and fees
on the City’s website and add a program to address these requirements, if necessary.
On-/Off-Site Improvements: While the element includes a general discussion of on-/off-
site improvements (pp. 5-43), it must specifically identify subdivision level improvement
requirements, such as minimum street widths (e.g., 40-foot minimum street width), and
analyze their impact as potential constraints on housing supply and affordability.
Constraints on Housing for Persons with Disabilities:
• Family Definition: Zoning should implement a barrier-free definition of family. The
element must identify and analyze the City’s definition of family as a potential
constraint on housing for persons with disabilities and include programs as
appropriate.
• Group Homes: The City’s Zoning Code appears to isolate and regulate group homes
based on the type of population served (Table 5.7). Notably, the element notes that
group homes are permitted by-right if serving the “handicapped” and subject to a
conditional use permit (CUP) otherwise. Zoning and standards should simply
implement a barrier-free definition of family instead of subjecting, potentially persons
with disabilities, to special regulations. Zoning code regulations that isolate and
regulate various types of housing for persons with disabilities based on the number of
people and other factors may pose a constraint on housing choice for persons with
disabilities. The element should include specific analysis of these and any other
constraints for impacts on housing for persons with disabilities and add or modify
programs as appropriate. For more information, please consult HCD’s Group Home
Technical Advisory Memo https://www.hcd.ca.gov/sites/default/files/docs/planning-
and-community/group-home-technical-advisory-2022.pdf.
City of San Rafael’s 6th Cycle Draft Housing Element (Update) Page 7
March 20, 2023
• Reasonable Accommodation: While the element includes discussion of reasonable
accommodation procedures for persons with disabilities (pp. 5-30), additional
information is required to address this finding. Specifically, the element must also
analyze fees and processing times for requests received.
6. An analysis of potential and actual nongovernmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including… …the requests
to develop housing at densities below those anticipated in the analysis required by
subdivision (c) of Government Code section 65583.2, and the length of time between
receiving approval for a housing development and submittal of an application for building
permits for that housing development that hinder the construction of a locality’s share of
the regional housing need in accordance with Government Code section 65584... (Gov.
Code, § 65583, subd. (a)(6).)
Permit Approval Times: While the element includes a general description of delays
between approval and building permits (pgs. 5-48-49), it must still identify the length of
time between receiving approval for a housing development and submittal of an
application for building permits. The element must address any hinderance on the
development of housing and include programs as appropriate.
7. Analyze existing assisted housing developments that are eligible to change to non-low-
income housing uses during the next 10 years due to termination of subsidy contracts,
mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9)
through 65583(a)(9)(D).).
The element indicates that the Rafael Town Center (38 assisted units) is at-risk of
conversion in the planning period. Therefore, the element must include additional analysis
that provides estimates of replacement and preservation costs for at-risk housing. In
addition, the element includes Table 3.32 which lists known affordable housing
developments. For your information, HCD’s records indicate the following projects are
also within the City’s affordable housing portfolio. The element should verify affordability
information for the following projects: Vivalon Healthy Aging Campus (66 assisted units
located on 999 3rd Street), Belle Avenue (9 assisted units located on 519 Belle Avenue),
3301 Kerner (44 assisted units located on 3301 Kerner Boulevard), and Marin Housing for
the Handicapped (12 assisted units located on 626 Del Ganado Road).
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each
with a timeline for implementation, which may recognize that certain programs are
ongoing, such that there will be beneficial impacts of the programs within the planning
period, that the local government is undertaking or intends to undertake to implement the
policies and achieve the goals and objectives of the Housing Element... (Gov. Code,
§ 65583, subd. (c).)
City of San Rafael’s 6th Cycle Draft Housing Element (Update) Page 8
March 20, 2023
To have a beneficial impact in the planning period and address the goals of the housing
element, programs must be revised with discrete timelines and programs should be
evaluated to ensure meaningful and specific actions and objectives. As an example,
several programs contain timelines for implementation that have since past or are
underway and should be updated to reflect current conditions and circumstances. These
programs include, but are not limited to, 1 (Housing and Homelessness Division), 2
(Extremely Low-Income Housing Resources), and 8 (Latinx Community Capacity Building
and Engagement). Additionally, all programs should be evaluated to ensure meaningful
and specific actions and objectives. Programs containing unclear language (e.g.,
“evaluate”; “consider”; “encourage”; etc.) or vague commitments should be amended to
include more specific and measurable actions. These programs include, but are not
limited to, 26 (Accessory Dwelling Units), 32 (Housing Resources for Older Adults), 41
(Streamlining of Development Approval), 43 (Revisions to Parking Standards).
2. Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of the regional housing need for
each income level that could not be accommodated on sites identified in the inventory
completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply
with the requirements of Government Code section 65584.09. Sites shall be identified as
needed to facilitate and encourage the development of a variety of types of housing for all
income levels, including multifamily rental housing, factory-built housing, mobilehomes,
housing for agricultural employees, supportive housing, single-room occupancy units,
emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B4, the element does not include a complete site analysis, therefore,
the adequacy of sites and zoning were not established. Based on the results of a
complete sites inventory and analysis, the City may need to add or revise programs to
address a shortfall of sites or zoning available to encourage a variety of housing types. In
addition, the element should be revised as follows:
Publicly-Owned Sites: The element identifies City-owned sites to accommodate a portion
of the RHNA. The element must include a program that ensures compliance with the
Surplus Lands. The program should include numerical objectives, and provide incentives
and actions, along with a schedule, to facilitate development of City-owned sites. Actions
could include outreach with developers, issuing requests for proposals, incentives, fee
waivers, priority processing, and financial assistance.
Single-Room Occupancy: The element notes that SROs are not explicitly defined in the
City’s Zoning Code and notes that a corresponding action should be considered (pp. 5-
25-26). As such, the element must include a program to establish appropriate to establish
appropriate zoning.
3. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for
City of San Rafael’s 6th Cycle Draft Housing Element (Update) Page 9
March 20, 2023
housing designed for, intended for occupancy by, or with supportive services for, persons
with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Findings B5 and B6, the element requires a complete analysis of potential
governmental constraints. Depending upon the results of that analysis, the City may need
to revise or add programs and address and remove or mitigate any identified constraints.
4. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion, sex,
marital status, ancestry, national origin, color, familial status, or disability, and other
characteristics protected by the California Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other
state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete analysis of AFFH. Based on
the outcome of that analysis, the element must add or modify programs.
Goals, Policies, and Metrics: While the element included significant and meaningful
programs to address issues identified in its AFFH analysis, HCD received public comment
that identified homelessness as an ongoing concern in the City. Given the City’s
significant homeless population, the element should include reference to programs that
the City is undertaking to address homelessness in Table 6-2 and modify these programs
to geographically target actions in areas with high concentration of persons experiencing
homelessness as part of the City’s place based AFFH strategies. Additionally, HCD also
received public comment regarding the need to strengthen Program 11 (Tenant
Protection Measures). The element should commit to implementing some or all of these
strategies, depending on the outcomes of the City’s feasibility evaluation and identify
potential funding sources and timelines to secure funding to support some or all of the
actions identified by stakeholders in Program 11.
5. The housing program shall preserve for low-income household the assisted housing
developments identified pursuant to paragraph (9) of subdivision (a). The program for
preservation of the assisted housing developments shall utilize, to the extent necessary,
all available federal, state, and local financing and subsidy programs identified in
paragraph (9) of subdivision (a), except where a community has other urgent needs for
which alternative funding sources are not available. The program may include strategies
that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).)
The element includes Program 30 (Preservation of At-Risk Housing) and specifies actions
to monitor at-risk units, including contacting property owners within two years of the
affordability expiration dates on projects. However, the program should be modified to
include noticing requirements within 3 years and 6 months of the affordability expiration
dates, in addition to coordinating with qualified entities such as nonprofit organizations
and establish time parameters around such actions.
City of San Rafael’s 6th Cycle Draft Housing Element (Update) Page 10
March 20, 2023
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed,
rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1
& 2).)
The element provides a summary of quantified objectives (pp. 6-54). For your consideration,
conservation and rehabilitation objectives could be increased by incorporating anticipated
outcomes from the following programs: 12 (Periodic Housing Inspection), 15 (Increasing
Equity in Home Maintenance), and 29 (Conversion of Residential and Nonresidential).
Exhibit 1-B: Responses to HCD Findings Page B-1 May 10, 2023
Exhibit 1-B:
Demonstration of Substantial Compliance
through Responses to HCD Findings on
Draft San Rafael 2023-2031 Housing Element
On December 20, 2022, the City of San Rafael submitted its Draft Housing Element to HCD for
their review. Pursuant to Government Code section 65585, subdivision (b), HCD reviewed the
Draft Housing Element and reported the results of its review within 90 days of receiving the Draft.
The City received HCD’s findings on March 20, 2023. HCD considered public comments in
preparing their findings, as well as the requirements of the Government Code.
HCD found that the Draft met many statutory requirements but required revisions to be compliant
with Housing Element law (Article 10.6 of the Government Code). HCD’s letter included a 10-
page Appendix describing the revisions needed. On February 15, March 9, and April 6, 2023,
City staff met with its HCD Housing Element Reviewer, who clarified HCD’s intent and
expectations on several of the required revisions.
The City of San Rafael has prepared this document to demonstrate that it has edited the Draft
Housing Element to respond to all HCD comments and produce a Draft that is now substantially
compliant with State Law. The City has prepared a tracked change (redlined) version of the
December Draft showing every change made and linking these changes to specific HCD
comments.
This document has organized the HCD findings in numeric sequence, from 1 to 43. Comments
are numbered in bold blue font. The findings are copied verbatim from the March 20, 2023 letter
in black font. The City’s responses appear below each finding in red italic font. The responses
direct the reader to the specific location in the “tracked change” document where the edits are
located and summarize the edits made. Page number references are to the tracked change
version of the Element. All of the tracked edits are incorporated in a “clean” version of the
document that is tentatively scheduled for adoption by the City Council in May 2023.
HCD Comment 1
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in
implementation, and reflect the results of this review in the revised element. (Gov. Code, §
65588 (a) and (b).)
As part of the evaluation of programs in the past cycle (Chapter 2), the element must provide an
explanation of the effectiveness of goals, policies, and related actions in meeting the housing
needs of special needs populations (e.g., elderly, persons with disabilities, large households,
female-headed households, farmworkers and persons experiencing homelessness).
City Response
See Pages 2-3 and 2-4. The City had added a new section to Chapter 2 specifically
highlighting accomplishments between 2015-2023 related to special needs housing.
Exhibit 1-B: Responses to HCD Findings Page B-2 May 10, 2023
HCD Comment 2
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the
jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Enforcement & Outreach: While the element discusses outreach capacity for fair housing
issues and includes an analysis of fair housing complaints, it must also describe the City’s
compliance with existing fair housing laws and regulations. For additional information,
please see pages 28-30 on HCD’s Affirmatively Furthering Fair Housing (AFFH) Guidance
Memo at https://www.hcd.ca.gov/community-
development/affh/docs/AFFH_Document_Final_4-27-2021.pdf.
City Response
See Page A-13 (Appendix A). The City has added a new section to Appendix A (Fair
Housing Assessment) listing federal, State, and local fair housing laws and describing
the City’s compliance with these laws and programs.
HCD Comment 3
2. Include an analysis of population and employment trends and documentation of projections
and a quantification of the locality's existing and projected needs for all income levels, including
extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Extremely Low-Income (ELI) Households: While the element included the total number of
existing ELI households, it must also quantify the number of existing ELI households by
tenure (i.e., renter and owner).
City Response
See Page 3-22. The City has added the requested data on the number of Extremely Low
Income Households by tenure to Chapter 3.
HCD Comment 4
3. Include an analysis and documentation of household characteristics, including level of
payment compared to ability to pay, housing characteristics, including overcrowding, and
housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Overpayment: While the element included the total number of low-income households
overpaying for housing, it must also quantify the number of low-income households that are
cost burdened by tenure (i.e., renter and owner).
City Response
See Page 3-27 and 3-28. The City has added information on the number of low-income
households that are cost-burdened by tenure. A new table has been included on the
Needs Assessment (Chapter 3) and the data is cited in the text.
Exhibit 1-B: Responses to HCD Findings Page B-3 May 10, 2023
HCD Comment 5
Housing Conditions: While the element identifies the age of the housing stock and includes
some information on housing stock conditions from American Community Survey (ACS)
data (pp. 3-53), it must also estimate the number of units in need of replacement and
rehabilitation. For example, the analysis could include estimates from a recent windshield
survey or sampling, estimates from the code enforcement agency, or information from
knowledgeable builders/developers, including nonprofit housing developers or
organizations.
City Response
See Pages 3-55 and 3-56. Per HCD’s suggestion, staff completed a windshield survey
of five neighborhoods in San Rafael with high concentrations of rental housing. A map
and summary of findings have been added to Chapter 3.
HCD Comment 6
4. An inventory of land suitable and available for residential development, including vacant sites
and sites having realistic and demonstrated potential for redevelopment during the planning
period to meet the locality’s housing need for a designated income level, and an analysis of the
relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583,
subd. (a)(3).)
The City has a regional housing needs allocation (RHNA) of 3,220 housing units, of which 1,349
are for lower-income households, 521 are for moderate-income households, and 1,350 are for
above-moderate income households. To address this need, the element relies on pipeline
projects, vacant and underutilized residential sites, mixed-use sites, and Accessory Dwelling
Units (ADUs). To demonstrate the adequacy of these sites and strategies to accommodate the
City’s RHNA, the element must include complete analyses:
Progress in Meeting the RHNA: The element relies on a significant number of pipeline
projects to meet its RHNA. Specifically, the element identifies 1,989 units that are either
pending, approved, or under construction. The element must demonstrate these units are
expected to be constructed during the planning period. To demonstrate the availability of
units within the planning period, the element could analyze infrastructure schedules, the
City’s past completion rates on pipeline projects, outreach with project developers, and
should describe any expiration dates on entitlements, anticipated timelines for final
approvals, and any remaining steps for projects to receive final entitlements.
City Response
See Pages 4-13 to 4-15. Following receipt of this comment, staff reached out to the
developers of the largest projects in the development “pipeline” and prepared status
updates for major projects. Staff also reviewed permit tracking data using the e-trakit
on-line system. As requested, the element now analyzes infrastructure schedules,
expiration dates on entitlements (for entitled projects) and expected entitlement dates for
projects in the application stages.
Exhibit 1-B: Responses to HCD Findings Page B-4 May 10, 2023
HCD Comment 7
In addition, given the City’s reliance on pipeline projects, the element must include programs
with actions that commit to facilitating development and monitoring approvals of the projects
(e.g., coordination with applications to approve remaining entitlements, supporting funding
applications, expediting approvals, rezoning or identification of additional sites should the
applications not be approved).
City Response
See new Program 44 on page 6-58 (Chapter 6). The City has added a new program
to conduct regular outreach to all developers of residential projects with 25 or more units
and to monitor the status of these projects. The program description includes specific
details on the frequency and intent of this outreach, including the topics listed above.
The AFFH matrix (table 6-2) includes a new row for this program on Page 6-67.
HCD Comment 8
Adequate Site Alternative: Table 4.2 indicates the City is crediting 44 units affordable to
extremely low-income households towards its RHNA as part of a Homekey Project. To credit
these units toward the City’s housing need, the element must demonstrate compliance with
all the statutory requirements (Gov. Code, § 65583.1, subd. (c)(2)(D)). For example, the
element must demonstrate that the affordability for the units determined will be maintained
for at least 55 years, units be made available for people experiencing homelessness as
defined in Section 578.3 of Title 24 of the Code of Federal Regulations and will be
affordable to very-low and low-income households at the time the units were identified for
preservation, among other things. For additional information and an Alternative Sites
Checklist, see the Building Blocks at https://www.hcd.ca.gov/community-
development/building-blocks/site-inventory-analysis/adequate-sites-
alternatives/docs/adequate_site_alt_checklist.pdf.
City Response
See Page 3-48. The information requested for the 3301 Kerner HomeKey project has
been added to Chapter 3. The number of units has been corrected—the project includes
40 extremely low-income units and one manager’s unit. The units will be affordable for
55 years and made available as transitional housing for formerly homeless persons. At
HCD’s request, the City also added Appendix “D” (the Alternative Sites checklist).
HCD Comment 9
Realistic Capacity: While the element provides analysis and assumptions of realistic buildout
for sites included in the inventory (pp. 4-14-23), additional information is required to fully
address this requirement. Specifically, the element appears to assume residential develop-
ment on sites with zoning that allow 100 percent nonresidential uses. The element identifies
mixed-use sites located within and outside of Downtown San Rafael and notes that these
sites represent a substantial opportunity for housing, but it must still account for the likeli-
hood of nonresidential uses. The element should include analysis based on factors such as
development trends, performance standards or other relevant factors. For example, the
element could analyze all development activity in these nonresidential zones, how often
Exhibit 1-B: Responses to HCD Findings Page B-5 May 10, 2023
residential development occurs and adjust residential capacity calculations, policies, and
programs accordingly.
City Response
See Pages 4-36 to 4-41. The City has reorganized the text in Chapter 4 and relocated
the discussion of realistic capacity to a new Section 4.8. Data on average densities in
recent and proposed projects has been moved to this section. A new section has been
added to address the possibility that some of the housing sites could be used for non-
residential development. As suggested, the Element now analyzes development activities
in the non-residential zones during the recent past and determines that most
nonresidential development is occurring on sites that would not meet the criteria for
housing sites.
HCD Comment 10
Small and Large Sites: Sites larger than ten acres in size or smaller than a half-acre in size
are deemed inadequate to accommodate housing for lower-income households unless it is
demonstrated, with sufficient evidence, that sites are suitable to accommodate housing for
lower-income households. While the element included a few examples about developments
on small and large sites (pp. 4-3, 4-15, 4-21), it must also provide specific examples with the
densities, affordability, and if applicable, circumstances leading to lot consolidation or
subdivision. The element should relate these examples to the sites identified to
accommodate the RHNA for lower-income households to demonstrate that these sites can
adequately accommodate the City’s lower-income housing need. Based on a complete
analysis, the City should consider adding or revising Program 38 to include incentives for
facilitating development on small and large sites.
City Response
See Pages 4-41 and 4-42 (and P. 6-50 on lot consolidation). A new section on small
and large sites has been added to Chapter 4. There are no large sites identified as
potential lower income sites. For the small sites identified as potential lower income
sites, the text now cites the factors that makes them realistic. In addition, per the
comment above Program 38 has been modified to identify two specific Downtown
housing sites requiring lot consolidation, including working with property owners to
facilitate assembly.
HCD Comment 11
Suitability of Nonvacant Sites: While the element includes an analysis demonstrating the
potential for redevelopment of nonvacant sites, including information such as age of
structures, low improvement to land value ratios, and expressed developer interest,
additional information is required to address this finding. The element should analyze the
extent that existing uses may impede additional residential development. For example, the
element includes sites with existing anchor supermarkets, religious institutions, and fast-
food chain restaurants (Appendix B). To better correlate the potential for converting existing
uses to higher density residential development, the element should relate past development
trends described on pages 4-16 and 4-19 to the sites identified in the inventory and add or
modify programs as necessary to encourage and facilitate residential development on these
Exhibit 1-B: Responses to HCD Findings Page B-6 May 10, 2023
sites. This is particularly significant considering that several of these sites were included in
prior planning cycles.
City Response
See Pages 4-42 to 4-45. The requested information on past development trends has
been added, including the percentage of past development on non-vacant sites, and the
similarities between the previous uses on recent development sites and the uses on the
designated Housing Opportunity Sites. The text also cites the incentives the City has
created for development of non-vacant sites, and the specific programs that address
potential constraints associated with such sites. The City has also removed the
McDonalds restaurant on 4th Street from the sites inventory (it was a carry-over from the
Fifth Cycle).
HCD Comment 12
In addition, as noted in the element, the City relies upon nonvacant sites to accommodate
more than 50 percent of the RHNA for lower-income households. For your information, the
element must demonstrate existing uses are not an impediment to additional residential
development and will likely discontinue in the planning period (Gov. Code, § 65583.2, subd.
(g)(2).). Absent findings (e.g., adoption resolution) based on substantial evidence, the
existing uses will be presumed to impede additional residential development and will not be
utilized toward demonstrating adequate sites to accommodate the RHNA.
City Response
See Page 4-4. The required findings for non-vacant sites have been included in the
adopting Resolution.
HCD Comment 13
Accessory Dwelling Units (ADUs): The element projects 200 ADUs to be constructed over
the planning period, averaging 25 units per year. This projection was based on annual
permit data from 2018-2021 (pp. 4-13). However, Annual Progress Reports submitted by the
City indicated building permit figures of 24, 13, 36, and 18 for 2018, 2019, 2020, and 2021,
respectively. The element should reconcile these figures and adjust assumptions as
appropriate.
City Response
See Page 4-16 (Sites) and Page 5-21 (Constraints). The data in the Housing Element
now matches the data reported by HCD and is consistent with the City’s own annual
progress reports. The City has moved the four-year “look-back” period forward to
include data for 2022, when 45 ADUs received building permits. Thus the four-year
historic average is now 28 units a year, which exceeds the 25 unit/yr projection included
in the Housing Element.
HCD Comment 14
In addition, a cursory review of the City’s ordinance by HCD discovered areas which appear
to be inconsistent with State ADU Law. As a result, the element should add or modify a
Exhibit 1-B: Responses to HCD Findings Page B-7 May 10, 2023
program to update the City’s ADU ordinance in order to comply with state law. For more
information, please consult HCD’s ADU Guidebook, updated in July 2022, which provides
detailed information on new state requirements surrounding ADU development.
City Response
See Page 6-38. Also, see Page 5-22. Program 26 has been amended to direct the
City to work with HCD’s ADU team to resolve any issues with the current ordinance and
amend the Municipal Code as needed. Recent changes to State law are also now noted
on Page 5-22.
HCD Comment 15
Availability of Infrastructure: The element includes some discussion on water and sewer
providers in the City but describes some infrastructure limitations including drought and the
need for capital improvement projects (pp. 4-36). The element must clarify whether there is
sufficient total water and sewer capacity (existing and planned) to accommodate the
regional housing need and include programs if necessary.
City Response
See Page 4-49 to 4-51. Also see Page 6-52. The requested information has been
added to Chapter 4. There is sufficient water and sewer capacity to meet the regional
need. Based on the analysis, we have also edited Program 40 to call for regular
coordination with the two sanitary sewer districts as they implement their CIPs.
HCD Comment 16
Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b),
the City must utilize standards, forms, and definitions adopted by HCD when preparing the
sites inventory. Please see HCD’s housing element webpage at
https://www.hcd.ca.gov/planning-and-community-development/housing-elements for a copy
of the form and instructions. The City can reach out to HCD at sitesinventory@hcd.ca.gov
for technical assistance. Please note, upon adoption of the housing element, the City must
submit an electronic version of the sites inventory with its adopted housing element to
sitesinventory@hcd.ca.gov.
City Response
The City will be completing this task upon adoption of the Housing Element, as required.
HCD Comment 17
Zoning for a Variety of Housing Types:
• Emergency Shelters: While the element acknowledged that emergency shelter parking
requirements should be updated pursuant to AB 139 (Chapter 335, Statutes of 2019), no
corresponding action in Program 4 was found. The element should be revised to
demonstrate consistency with AB 139, which requires only sufficient parking to
accommodate all staff working in the emergency shelter, provided that the standards do not
Exhibit 1-B: Responses to HCD Findings Page B-8 May 10, 2023
require more parking for emergency shelters than other residential or commercial uses
within the same zone.
City Response
See Page 6-12. Program 4 has been amended to revise the parking standards so they
are consistent with AB 139.
HCD Comment 18
In addition, while the element included some discussion on development standards for
emergency shelters in the area south of Bellam/east of I-580, it must also include analysis
on proximity to transportation and services for these sites, hazardous conditions, and any
conditions inappropriate for human habitability. For your information, Chapter 654, Statutes
of 2022 (AB 2339), adds additional specificity on how cities and counties plan for emergency
shelters and ensure sufficient and suitable capacity. Future submittals of the housing
element may need to address these statutory requirements. For additional information and
timing requirements, please see HCD’s memo at
https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339-notice.pdf.
City Response
See Page 5-28 and 5-29. The discussion of emergency shelters has been amended to
analyze proximity to transportation and services, hazardous conditions, and conditions
impacting human habitability in the areas where shelters are permitted by right.
Compliance with AB 2339 is also addressed here, and Program 4 has been changed to
require a future zoning amendment that allows emergency shelter on additional sites
where residential uses are allowed (per AB 2339).
HCD Comment 19
• Supportive and Transitional Housing: The element states that supportive and transitional
housing are treated as residential uses subject only to those restrictions that apply to other
residential uses of the same type in the same zone (pp. 5-25). Additionally, the element
included Table 5.7, listing allowable uses per zoning district. However, this table did not
reflect whether transitional and supportive housing are allowed in zones that allow for
residential uses (e.g., downtown commercial, community commercial, etc.,). The element
should reconcile this information and specifically clarify whether the City permits these types
of housing as a residential use and only subject to those restrictions that apply to other
residential dwellings of the same type in the same zone pursuant to Government Code
section 65583 (a)(5).
City Response
See Page 5-26 and Page 6-3. The text has been updated to clarify that transitional and
supportive housing are allowed in all zones that allow residential uses, subject only to
the same restrictions that apply to other residential dwellings of the same type in the
same zone. Policy H-1.2 has been amended to clarify this as well.
Exhibit 1-B: Responses to HCD Findings Page B-9 May 10, 2023
HCD Comment 20
Finally, supportive housing shall be a use by-right in zones where multifamily and mixed
uses are permitted, including nonresidential zones permitting multifamily uses pursuant to
Government Code section 65651. The element must demonstrate compliance with these
requirements and include programs as appropriate.
City Response
See Page 5-25, 5-26, and Page 6-54. Table 5.7 and related text clarifies that “multi-
family” is defined in the Muni Code to include transitional and supportive housing.
Program 41 (P 6-54) has also been amended to explicitly state that supportive housing
is permitted by right where multi-family and mixed uses are permitted. This is also
reiterated in Policy H-1.2 (P 6-3), per previous comment.
HCD Comment 21
• Housing for Agricultural Employees: The element must demonstrate zoning is consistent
with the Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically,
sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six or fewer
employees to be treated as a single-family structure and permitted in the same manner as
other dwellings of the same type in the same zone. To address this, the element references
an action to be included in its programs (pg. 5-29) but no such program was found. In
addition, 17021.6 requires employee housing consisting of no more than 12 units or 36 beds
to be permitted in the same manner as other agricultural uses in the same zone. For
additional information and sample analysis, see the Building Blocks at
https://www.hcd.ca.gov/planning-and-community-development/housing-elements/building-
blocks/farmworkers.
City Response
See Page 5-31 and Page 6-56. The discussion of special housing types in Chapter 5,
and Program 42 in Chapter 6, have been amended to address this issue.
HCD Comment 22
5. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of housing
identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the
analysis pursuant to paragraph (7), including land use controls, building codes and their
enforcement, site improvements, fees and other exactions required of developers, and local
processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land-Use Controls: While the element included discussion of development standards in
many residential districts, including the Downtown Precise Plan districts, it must also provide
analysis on development standards for the Downtown Station Area Plans.
City Response
See Page 5-5. Chapter 5 has been amended to note that the Station Area Plans were
not formally adopted and did not have development standards.
Exhibit 1-B: Responses to HCD Findings Page B-10 May 10, 2023
HCD Comment 23
In addition, the element identifies open space and minimum lot coverage requirements for
multi-family development in the HR-1 zones as constraints and identifies programs to
address these constraints (pp. 5-10; 5-14). However, no corresponding actions were found
in Program 42 (Zoning Text and Map Revisions). Accordingly, Program 42 should be
modified to address these constraints.
City Response
See Page 6-56. Program 42 has been amended so that the potential constraints
identified in this comment will be mitigated.
HCD Comment 24
Processing and Permit Procedures: The element identified the Planned Development (PD)
process for parcels greater than five acres as a constraint on housing and indicates that the
City’s General Plan contains an action to make the PD process optional for parcels greater
than five acres (pp. 5-7). Accordingly, Program 41 (Streamlining of Development Approval)
should also be modified to address this constraint.
City Response
See Page 5-8. The text in Chapter 5 has been edited to note that the PD process
became optional in August 2021 with the adoption of General Plan 2040. A Municipal
Code Amendment is not required.
HCD Comment 25
In addition, the element should address public comments on this revised draft submittal and
discuss compliance with the Permit Streamlining Act and intersections with CEQA and
timing requirements, including streamlining determinations and add or modify programs as
appropriate.
City Response
See Page 5-38 and 5-39 for analysis, and Page 6-52 and 6-54 for program changes.
A new section to Chapter 5 has been added to describe environmental review
procedures and resolve this comment. In addition, Program 41 has been amended to
note that the City’s CEQA procedures will comply with the relevant provisions of the
Permit Streamlining Act.
HCD Comment 26
Zoning, Development Standards, and Fees: The element must clarify compliance with new
transparency requirements for posting all zoning, development standards, and fees on the
City’s website and add a program to address these requirements, if necessary.
City Response
See Page 5-40. The requested information has been added to Chapter 5.
Exhibit 1-B: Responses to HCD Findings Page B-11 May 10, 2023
HCD Comment 27
On-/Off-Site Improvements: While the element includes a general discussion of on-/off-site
improvements (pp. 5-43), it must specifically identify subdivision level improvement
requirements, such as minimum street widths (e.g., 40-foot minimum street width), and
analyze their impact as potential constraints on housing supply and affordability.
City Response
See Pages 5-49 and 5-50. The requested information on subdivision-level improvement
requirements, including street widths, has been added. Based on input from our
development community, these requirements are not potential constraints on housing
supply and affordability in San Rafael.
HCD Comment 28
Constraints on Housing for Persons with Disabilities:
• Family Definition: Zoning should implement a barrier-free definition of family. The element
must identify and analyze the City’s definition of family as a potential constraint on housing
for persons with disabilities and include programs as appropriate.
City Response
See Page 5-32 and Page 6-45. An analysis of the definition of family has been added
to Chapter 5. The City has also modified Program 33 (page 6-45) to add a barrier-free
definition of family to the Municipal Code.
HCD Comment 29
• Group Homes: The City’s Zoning Code appears to isolate and regulate group homes
based on the type of population served (Table 5.7). Notably, the element notes that group
homes are permitted by-right if serving the “handicapped” and subject to a conditional use
permit (CUP) otherwise. Zoning and standards should simply implement a barrier-free
definition of family instead of subjecting, potentially persons with disabilities, to special
regulations. Zoning code regulations that isolate and regulate various types of housing for
persons with disabilities based on the number of people and other factors may pose a
constraint on housing choice for persons with disabilities. The element should include
specific analysis of these and any other constraints for impacts on housing for persons with
disabilities and add or modify programs as appropriate. For more information, please consult
HCD’s Group Home Technical Advisory Memo
https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/group-home-
technical-advisory-2022.pdf.
City Response
See Page 5-27 (analysis) and Pages 6-45 and 6-46 (programs). The Chapter 5 edits
address the issues raised here. The Chapter 6 edits modify Programs 33 and 34 to
address the concerns raised here. Program 34 now includes objective standards for
large residential care facilities so that they may be permitted by right.
Exhibit 1-B: Responses to HCD Findings Page B-12 May 10, 2023
HCD Comment 30
Reasonable Accommodation: While the element includes discussion of reasonable
accommodation procedures for persons with disabilities (pp. 5-30), additional information is
required to address this finding. Specifically, the element must also analyze fees and
processing times for requests received.
City Response
See Page 5-33 and 34 (analysis) and Page 6-45 (programs). Staff conducted
supplemental outreach on this topic and has documented its findings in Chapter 5. In
addition, the City has modified Program 33 to eliminate the fee for reasonable
accommodation permits.
HCD Comment 31
6. An analysis of potential and actual nongovernmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including… …the requests to
develop housing at densities below those anticipated in the analysis required by subdivision (c)
of Government Code section 65583.2, and the length of time between receiving approval for a
housing development and submittal of an application for building permits for that housing
development that hinder the construction of a locality’s share of the regional housing need in
accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).)
Permit Approval Times: While the element includes a general description of delays between
approval and building permits (pgs. 5-48-49), it must still identify the length of time between
receiving approval for a housing development and submittal of an application for building
permits. The element must address any hinderance on the development of housing and
include programs as appropriate.
City Response
See Pages 5-55 and 5-56 (analysis) and Page 6-58 (programs). This topic is
addressed as a nongovernmental constraint in Chapter 5. In response to a meeting with
HCD, the City has provided data on the average time between entitlement and
permitting, noting that it varies widely depending on project size and type. In addition,
the City has added a new Program (Program 44) calling for regular monitoring of entitled
projects and outreach to developers. This program also responds to HCD Comment 7.
HCD Comment 32
7. Analyze existing assisted housing developments that are eligible to change to non-low-
income housing uses during the next 10 years due to termination of subsidy contracts,
mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9)
through 65583(a)(9)(D).).
The element indicates that the Rafael Town Center (38 assisted units) is at-risk of
conversion in the planning period. Therefore, the element must include additional analysis
that provides estimates of replacement and preservation costs for at-risk housing.
Exhibit 1-B: Responses to HCD Findings Page B-13 May 10, 2023
City Response
See Pages 3-66 to 3-68. Staff conducted follow-up research after receiving this
comment and determined that there are no units at risk of conversion. The 2015
Housing Element reported that the BMR units at Rafael Town Center would expire in
2025 and this information had been carried forward in the December 2022 Draft. Staff
did supplemental research on the Development Agreement for this project and learned
that the BMR term is actually 40 years and does not expire until 2042. Staff has also
modified Program 32 (Page 6-42) to work with the non-profit owner of Pilgrim Park, who
has already stated their intent to preserve the affordability of units there.
HCD Comment 33
In addition, the element includes Table 3.32 which lists known affordable housing
developments. For your information, HCD’s records indicate the following projects are also
within the City’s affordable housing portfolio. The element should verify affordability
information for the following projects: Vivalon Healthy Aging Campus (66 assisted units
located on 999 3rd Street), Belle Avenue (9 assisted units located on 519 Belle Avenue),
3301 Kerner (44 assisted units located on 3301 Kerner Boulevard), and Marin Housing for
the Handicapped (12 assisted units located on 626 Del Ganado Road).
City Response
See Pages 3-66 to 3-68. Staff added 519 Belle Ave text to the Table. The 626 Del
Ganado project was already listed and has been confirmed. The Vivalon and Kerner
projects are currently under construction and are not yet providing units (this is now
noted in the text).
HCD Comment 34
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each
with a timeline for implementation, which may recognize that certain programs are ongoing,
such that there will be beneficial impacts of the programs within the planning period, that the
local government is undertaking or intends to undertake to implement the policies and achieve
the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)
To have a beneficial impact in the planning period and address the goals of the housing
element, programs must be revised with discrete timelines and programs should be evaluated to
ensure meaningful and specific actions and objectives. As an example, several programs
contain timelines for implementation that have since past or are underway and should be
updated to reflect current conditions and circumstances. These programs include, but are not
limited to, 1 (Housing and Homelessness Division), 2 (Extremely Low-Income Housing
Resources), and 8 (Latinx Community Capacity Building and Engagement).
City Response
See Chapter 6. Staff has have updated the timelines to reflect activities since Fall 2002
for the following Programs:
• Program 1 (Housing/Homelessness Division)
Exhibit 1-B: Responses to HCD Findings Page B-14 May 10, 2023
• Program 2 (Extremely Low-Income Housing)
• Program 3 (Funding to Reduce Homelessness)
• Program 5 (Public Information and Engagement)
• Program 8 (Latinx Community Capacity Building)
• Program 9 (Interjurisdictional Housing Activities)
• Program 16 (Funding for Affordable Housing)
• Program 20 (Precise Plan for North San Rafael)
• Program 21 (Precise Plan for Southeast San Rafael)
HCD Comment 35
Additionally, all programs should be evaluated to ensure meaningful and specific actions and
objectives. Programs containing unclear language (e.g., “evaluate”; “consider”; “encourage”;
etc.) or vague commitments should be amended to include more specific and measurable
actions. These programs include, but are not limited to, 26 (Accessory Dwelling Units), 32
(Housing Resources for Older Adults), 41 (Streamlining of Development Approval), 43
(Revisions to Parking Standards).
City Response
See Chapter 6. Staff has added more actionable language and/or time commitments to
the following programs in response to this comment and subsequent communication
with HCD:
• Program 26 (ADUs)
• Program 28 (Housing on Institutional and Religious Properties)
• Program 32 (Housing Resources for Older Adults)
• Program 35 (Affordable Housing for Large Families)
• Program 39 (Affordable Housing Incentives)
• Program 41 (Streamlining of Development Approval)
• Program 43 (Revisions to Parking Standards)
HCD Comment 36
2. Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to accommodate
that portion of the city’s or county’s share of the regional housing need for each income level
that could not be accommodated on sites identified in the inventory completed pursuant to
paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of
Government Code section 65584.09. Sites shall be identified as needed to facilitate and
encourage the development of a variety of types of housing for all income levels, including
multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural
employees, supportive housing, single-room occupancy units, emergency shelters, and
transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B4, the element does not include a complete site analysis, therefore, the
adequacy of sites and zoning were not established. Based on the results of a complete sites
inventory and analysis, the City may need to add or revise programs to address a shortfall of
sites or zoning available to encourage a variety of housing types. In addition, the element
should be revised as follows:
Exhibit 1-B: Responses to HCD Findings Page B-15 May 10, 2023
City Response
The comment is resolved by revisions to other comments, as described above.
HCD Comment 37
Publicly-Owned Sites: The element identifies City-owned sites to accommodate a portion of
the RHNA. The element must include a program that ensures compliance with the Surplus
Lands. The program should include numerical objectives, and provide incentives and
actions, along with a schedule, to facilitate development of City-owned sites. Actions could
include outreach with developers, issuing requests for proposals, incentives, fee waivers,
priority processing, and financial assistance.
City Response
See Pages 6-31 and 6-32. Staff has modified Program 19 to address this issue.
Compliance with Surplus Land Act is specifically addressed in the edited Program. More
specific direction has been provided for marketing and developing at least two of the
City-owned parking lots (including outreach, RFP, incentives, etc.).
HCD Comment 38
Single-Room Occupancy: The element notes that SROs are not explicitly defined in the
City’s Zoning Code and notes that a corresponding action should be considered (pp. 5-25-
26). As such, the element must include a program to establish appropriate to establish
appropriate zoning.
City Response
See Page 6-9. Staff has modified Program 2 to address this issue and establish
appropriate zoning for SROs. This is also referenced on Page 5-27.
HCD Comment 39
3. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of housing,
including housing for all income levels and housing for persons with disabilities. The program
shall remove constraints to, and provide reasonable accommodations for housing designed for,
intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code,
§ 65583, subd. (c)(3).)
As noted in Findings B5 and B6, the element requires a complete analysis of potential
governmental constraints. Depending upon the results of that analysis, the City may need to
revise or add programs and address and remove or mitigate any identified constraints.
City Response
Comment is resolved by revisions to other comments, as described above.
Exhibit 1-B: Responses to HCD Findings Page B-16 May 10, 2023
HCD Comment 40
4. Promote and affirmatively further fair housing opportunities and promote housing throughout
the community or communities for all persons regardless of race, religion, sex, marital status,
ancestry, national origin, color, familial status, or disability, and other characteristics protected
by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900)
of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and
planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete analysis of AFFH. Based on the
outcome of that analysis, the element must add or modify programs.
Goals, Policies, and Metrics: While the element included significant and meaningful programs to
address issues identified in its AFFH analysis, HCD received public comment that identified
homelessness as an ongoing concern in the City. Given the City’s significant homeless
population, the element should include reference to programs that the City is undertaking to
address homelessness in Table 6-2 and modify these programs to geographically target actions
in areas with high concentration of persons experiencing homelessness as part of the City’s
place based AFFH strategies.
City Response
See Pages 6-68 and 6-69. The AFFH matrix (Table 6-2) has been amended to address
this issue. The matrix identifies place-based initiatives related to homelessness and also
cites other place-based initiatives not associated with the Housing Element that advance
AFFH goals in the city.
HCD Comment 41
Additionally, HCD also received public comment regarding the need to strengthen Program 11
(Tenant Protection Measures). The element should commit to implementing some or all of these
strategies, depending on the outcomes of the City’s feasibility evaluation and identify potential
funding sources and timelines to secure funding to support some or all of the actions identified by
stakeholders in Program 11.
City Response
See Pages 6-22 and 6-23. Program 11 has been modified to address the issues cited
here, including taking action on the recommendations following the evaluation, and
securing funding to support the actions.
5. The housing program shall preserve for low-income households the assisted housing
developments identified pursuant to paragraph (9) of subdivision (a). The program for
preservation of the assisted housing developments shall utilize, to the extent necessary, all
available federal, state, and local financing and subsidy programs identified in paragraph (9) of
subdivision (a), except where a community has other urgent needs for which alternative funding
sources are not available. The program may include strategies that involve local regulation and
technical assistance. (Gov. Code, § 65583, subd. (c)(6).)
Exhibit 1-B: Responses to HCD Findings Page B-17 May 10, 2023
HCD Comment 42
The element includes Program 30 (Preservation of At-Risk Housing) and specifies actions to
monitor at-risk units, including contacting property owners within two years of the affordability
expiration dates on projects. However, the program should be modified to include noticing
requirements within 3 years and 6 months of the affordability expiration dates, in addition to
coordinating with qualified entities such as nonprofit organizations and establish time
parameters around such actions.
City Response
See Page 6-42. Program 30 has been modified to add the specific changes requested
here.
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated,
and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
HCD Comment 43
The element provides a summary of quantified objectives (pp. 6-54). For your consideration,
conservation and rehabilitation objectives could be increased by incorporating anticipated
outcomes from the following programs: 12 (Periodic Housing Inspection), 15 (Increasing Equity
in Home Maintenance), and 29 (Conversion of Residential and Nonresidential).
City Response
See Page 6-59, and also Pages 6-24 and 6-41. In response to this comment, Staff has
identified quantified objectives for Programs 12, 15, and 29. These are included in the
text for Programs 12 (P 6-24) and 29 (P 6-41) and also in Table 6-1.
Exhibit 1-C: Conformance to Government Code Page C-1 April 19, 2023
Exhibit 1-C:
Conformance of Housing Element with State Law Requirements,
Article 10.6 [65580 – 65589.11]
Note: All page number references are to the “clean” Adoption Draft version of the
Housing Element published on April 20, 2023. Provisions labelled N/A are either
not applicable to San Rafael or do not require a reference.
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
Section 65583
The housing element shall consist of an identification and
analysis of existing and projected housing needs and a
statement of goals, policies, quantified objectives, financial
resources, and scheduled programs for the preservation,
improvement, and development of housing.
Chapter 3 (Needs Assessment)
Chapter 6 (Goals, policies, quantified
objectives, programs)
The housing element shall identify adequate sites for
housing, including rental housing, factory-built housing,
mobilehomes, and emergency shelters, and shall make
adequate provision for the existing and projected needs of all
economic segments of the community.
Chapter 4 (Sites Inventory)
The element shall contain all of the following: N/A
(a) An assessment of housing needs and an inventory of
resources and constraints relevant to the meeting of these
needs. The assessment and inventory shall include all of the
following:
Chapter 3 (Needs Assessment)
Chapter 4 (Resources)
Chapter 5 (Constraints)
(a)(1) An analysis of population and employment trends and
documentation of projections
Sec 3.2.1 to 3.2.4 (population trends)
Sec 3.2.5 (employment trends)
Sec 3.6 (projections)
(a)(1) A quantification of the locality’s existing and projected
housing needs for all income levels, including extremely low
income households, as defined in subdivision (b) of Section
50105 and Section 50106 of the Health and Safety Code.
These existing and projected needs shall include the
locality’s share of the regional housing need in accordance
with Section 65584. Local agencies shall calculate the subset
of very low income households allotted under Section 65584
that qualify as extremely low income households. The local
agency may either use available census data to calculate the
percentage of very low income households that qualify as
extremely low income households or presume that 50
percent of the very low income households qualify as
extremely low income households. The number of extremely
low income households and very low income households
shall equal the jurisdiction’s allocation of very low income
households pursuant to Section 65584.
Sec 3.6.2 (existing and projected
needs for all income levels)
Page 3-21 to 3-33 (Extremely Low
Income Household needs)
Page 3-71 (projected need for
extremely low)
Exhibit 1-C: Conformance to Government Code Page C-2 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(2) An analysis and documentation of household
characteristics, including level of payment compared to ability
to pay,
Sec 3.3 (Household Trends)
Sec 3.3.4 (Household Tenure)
Sec 3.3.6 (Cost burden)
(a)(2) housing characteristics, including overcrowding, and Sec 3.5 (Housing characteristics)
Sec 3.3.7 (Overcrowding)
(a)(2) housing stock condition. Sec 3.5.4
(a)(3) An inventory of land suitable and available for
residential development, including vacant sites and sites
having realistic and demonstrated potential for
redevelopment during the planning period to meet the
locality’s housing need for a designated income level, and an
analysis of the relationship of zoning and public facilities and
services to these sites, and an analysis of the relationship of
the sites identified in the land inventory to the jurisdiction’s
duty to affirmatively further fair housing. Note: Please see
Section 65583.2 regarding the land inventory.
Chapter 4 (Sites Inventory)
Sec 4.9.2 (relation to Public Facilities
and Services)
Sec 4.9.3 and Appendix A, page A-116
(Contribution to AFFH)
[Note that AB 2339 (Chapter 654, Statutes of 2022)
amended Section 65583(a)(4). It does not apply to ABAG -
area housing elements unless the first draft of the
housing element is submitted to ABAG after January 31,
2023 or a draft is submitted after April 1, 2023. Therefore
the sections below include the statutory provisions of
Section 65583(a)(4) effective in 2022. Jurisdictions
adopting their housing element after January 31, 2023
should describe why AB 2339 is not applicable to them.]
N/A. The first Draft was submitted
before Jan 31, 2023. Also, the City
has already adopted objective
standards for emergency shelter.
(a)(4)(A) The identification of a zone or zones where
emergency shelters are allowed as a permitted use without a
conditional use or other discretionary permit. The identified
zone or zones shall include sufficient capacity to
accommodate the need for emergency shelter identified in
paragraph (7), except that each local government shall
identify a zone or zones that can accommodate at least one
year-round emergency shelter.
Page 5-27 to 5-30
(a)(4)(A) If the local government cannot identify a zone or
zones with sufficient capacity, the local government shall
include a program to amend its zoning ordinance to meet the
requirements of this paragraph within one year of the
adoption of the housing element. The local government may
identify additional zones where emergency shelters are
permitted with a conditional use permit.
N/A
(a)(4)(A) The local government shall also demonstrate that
existing or proposed permit processing, development, and
management standards are objective and encourage and
facilitate the development of, or conversion to, emergency
shelters.
Page 5-27 to 5-30 (objective standards
are listed)
Exhibit 1-C: Conformance to Government Code Page C-3 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(4)(A) Emergency shelters may only be subject to those
development and management standards that apply to
residential or commercial development within the same zone
except that a local government may apply written, objective
standards that include all of the following:
(i) The maximum number of beds or persons permitted to be
served nightly by the facility.
(ii) Sufficient parking to accommodate all staff working in the
emergency shelter, provided that the standards do not
require more parking for emergency shelters than other
residential or commercial uses within the same zone.
(iii) The size and location of exterior and interior onsite
waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters , provided that
emergency shelters are not required to be more than 300
feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in
operation.
Page 5-27 to 5-30
(a)(4)(B) The permit processing, development, and
management standards applied under this paragraph shall
not be deemed to be discretionary acts within the meaning of
the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources
Code).
N/A
(a)(4)(C) A local government that can demonstrate to the
satisfaction of the department the existence of one or more
emergency shelters either within its jurisdiction or pursuant to
a multijurisdictional agreement that can accommodate that
jurisdiction’s need for emergency shelter identified in
paragraph (7) may comply with the zoning requirements of
subparagraph (A) by identifying a zone or zones where new
emergency shelters are allowed with a conditional use
permit.
N/A
(a)(4)(D) A local government with an existing ordinance or
ordinances that comply with this paragraph shall not be
required to take additional action to identify zones for
emergency shelters. The housing element must only
describe how existing ordinances, policies, and standards
are consistent with the requirements of this paragraph.
Page 5-27 to 5-30
Program 42 further addresses Low
Barrier Navigation Centers
Exhibit 1-C: Conformance to Government Code Page C-4 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(5) An analysis of potential and actual governmental
constraints upon the maintenance, improvement, or
development of housing for all income levels, including the
types of housing identified in paragraph (1) of subdivision (c),
and [Note: The types of housing identified in Section
65583(c)(1) include multifamily rental housing, factory-
built housing, mobilehomes, housing for agricultural
employees, supportive housing, single-room occupancy
units, emergency shelters, and transitional housing.]
Sec. 5.2.8
(a)(5) for persons with disabilities as identified in the analysis
pursuant to paragraph (7),
Sec 5.2.9
(a)(5) including land use controls, Sec 5.2.8
(a)(5) building codes and their enforcement, Sec 5.2.10
(a)(5) site improvements, Sec 5.2.14
(a)(5) fees and other exactions required of developers, Sec 5.2.13
(a)(5) local processing and permit procedures, Sec 5.2.11
(a)(5) and any locally adopted ordinances that directly impact
the cost and supply of residential development.
Sec 5.2.6 (Affordable Housing Ord.)
(a)(5) The analysis shall also demonstrate local efforts to
remove governmental constraints that hinder the locality from
meeting its share of the regional housing need in accordance
with Section 65584
Sec. 5.2.12
Chapter 6, programs 24, 25, 26, 27,
28, 36, 37, 38, 39, 40, 41, 42, 43
(a)(5) and from meeting the need for housing for persons
with disabilities, supportive housing, transitional housing, and
emergency shelters identified pursuant to paragraph (7).
Sec 2.3
Chapter 6, programs 1, 2, 3, 4, 32, 33,
34, 35
(a)(6) An analysis of potential and actual nongovernmental
constraints upon the maintenance, improvement, or
development of housing for all income levels, including the
availability of financing,
Sec 5.3
(a)(6) the price of land, Sec 5.3.1
(a)(6) the cost of construction, Sec 5.3.1
(a)(6) the requests to develop housing at densities below
those anticipated in the analysis required by subdivision (c)
of Section 65583.2,
Sec 5.3.4
(a)(6) and the length of time between receiving approval for a
housing development and submittal of an application for
building permits for that housing development that hinder the
construction of a locality’s share of the regional housing need
in accordance with Section 65584.
Sec 5.3.4
(a)(6) The analysis shall also demonstrate local efforts to
remove nongovernmental constraints that create a gap
between the locality’s planning for the development of
housing for all income levels and the construction of that
housing.
Chapter 6, programs 3, 9, 15, 16, 18,
36, 38, 39, 41, 44
Exhibit 1-C: Conformance to Government Code Page C-5 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(7) An analysis of any special housing needs, such as
those of the
Sec 3.4
(a)(7) elderly; Sec 3.4.1
(a)(7) persons with disabilities, including a developmental
disability, as defined in Section 4512 of the Welfare and
Institutions Code;
Sec 3.4.2
(a)(7) large families; Sec 3.4.3
(a)(7) farmworkers; Sec 3.4.5
(a)(7) families with female heads of households; Sec 3.4.4
(a)(7) and families and persons in need of emergency
shelter.
Sec 3.4.6
(a)(7) The need for emergency shelter shall be assessed
based on the capacity necessary to accommodate the most
recent homeless point-in-time count conducted before the
start of the planning period, the need for emergency shelter
based on number of beds available on a year-round and
seasonal basis, the number of shelter beds that go unused
on an average monthly basis within a one-year period, and
the percentage of those in emergency shelters that move to
permanent housing solutions.
Page 3-42 to 3-45
(a)(7) The need for emergency shelter may be reduced by
the number of supportive housing units that are identified in
an adopted 10-year plan to end chronic homelessness and
that are either vacant or for which funding has been identified
to allow construction during the planning period.
N/A
(a)(7) An analysis of special housing needs by a city or
county may include an analysis of the need for frequent user
coordinated care housing services.
N/A
(a)(8) An analysis of opportunities for energy conservation
with respect to residential development. Cities and counties
are encouraged to include weatherization and energy
efficiency improvements as part of publicly subsidized
housing rehabilitation projects. This may include energy
efficiency measures that encompass the building envelope,
its heating and cooling systems, and its electrical system.
Sec 4.10
(a)(9) An analysis of existing assisted housing developments
that are eligible to change from low-income housing uses
during the next 10 years due to termination of subsidy
contracts, mortgage prepayment, or expiration of restrictions
on use. “Assisted housing developments,” for the purpose of
this section, shall mean multifamily rental housing that
receives governmental assistance under federal programs
listed in subdivision (a) of Section 65863.10, state and local
multifamily revenue bond programs, local redevelopment
programs, the federal Community Development Block Grant
Program, or local in-lieu fees. “Assisted housing
developments” shall also include multifamily rental units that
Sec 3.5.10
Exhibit 1-C: Conformance to Government Code Page C-6 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
were developed pursuant to a local inclusionary housing
program or used to qualify for a density bonus pursuant to
Section 65915.
(a)(9)(A) The analysis shall include a listing of each
development by project name and address, the type of
governmental assistance received, the earliest possible date
of change from low-income use, and the total number of
elderly and nonelderly units that could be lost from the
locality’s low-income housing stock in each year during the
10-year period. For purposes of state and federally funded
projects, the analysis required by this subparagraph need
only contain information available on a statewide basis.
Sec 3.5.10
(a)(9)(B) The analysis shall estimate the total cost of
producing new rental housing that is comparable in size and
rent levels, to replace the units that could change from low-
income use, and an estimated cost of preserving the assisted
housing developments. This cost analysis for replacement
housing may be done aggregately for each five-year period
and does not have to contain a project-by-project cost
estimate.
N/A (no at risk units)
(a)(9)(C) The analysis shall identify public and private
nonprofit corporations known to the local government that
have legal and managerial capacity to acquire and manage
these housing developments.
Sec 4.11 (P 4-59)
(a)(9)(D) The analysis shall identify and consider the use of
all federal, state, and local financing and subsidy programs
that can be used to preserve, for lower income households,
the assisted housing developments, identified in this
paragraph, including, but not limited to, federal Community
Development Block Grant Program funds, tax increm ent
funds received by a redevelopment agency of the
community, and administrative fees received by a housing
authority operating within the community. In considering the
use of these financing and subsidy programs, the analysis
shall identify the amounts of funds under each available
program that have not been legally obligated for other
purposes and that could be available for use in preserving
assisted housing developments.
Sec 4.11
(b) (1) A statement of the community’s goals, quantified
objectives, and policies relative to affirmatively furthering fair
housing and to the maintenance, preservation, improvement,
and development of housing.
Chapter 6
Exhibit 1-C: Conformance to Government Code Page C-7 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(2) It is recognized that the total housing needs identified
pursuant to subdivision (a) may exceed available resources
and the community’s ability to satisfy this need within the
content of the general plan requirements outlined in Article 5
(commencing with Section 65300). Under these
circumstances, the quantified objectives need not be
identical to the total housing needs. The quantified objectives
shall establish the maximum number of housing units by
income category, including extremely low income, that can
be constructed, rehabilitated, and conserved over a fiv e-year
time period.
Page 6-59 (Table 6-1)
(c) A program that sets forth a schedule of actions during the
planning period, each with a timeline for implementation, that
may recognize that certain programs are ongoing, such that
there will be beneficial impacts of the programs within the
planning period, that the local government is undertaking or
intends to undertake to implement the policies and achieve
the goals and objectives of the housing element
Chapter 6 (all programs)
(c) through the administration of land use and development
controls,
Chapter 6: programs 17, 20, 21, 24,
25, 26, 27, 28, 38, 39, 42, 43
(c) the provision of regulatory concessions and incentives, Chapter 6: programs 24, 36, 39, 41
(c) the utilization of appropriate federal and state financing
and subsidy programs when available,
Chapter 6: program 3, 9, 15, 16, 18
(c) and the utilization of moneys in a low- and moderate-
income housing fund of an agency if the locality has
established a redevelopment project area pursuant to the
Community Redevelopment Law (Division 24 (commencing
with Section 33000) of the Health and Safety Code).
Chapter 6: program 16
In order to make adequate provision for the housing needs of
all economic segments of the community, the program shall
do all of the following:
N/A
(c)(1) Identify actions that will be taken to make sites
available during the planning period with appropriate zoning
and development standards and with services and facilities
to accommodate that portion of the city’s or county’s share of
the regional housing need for each income level that could
not be accommodated on sites identified in the inventory
completed pursuant to paragraph (3) of subdivision (a)
without rezoning, and to comply with the requirements of
Section 65584.09.
Chapter 6: programs 4, 20, 21, 23, 24,
28, 29, 38, 39, 42
(c)(1) Sites shall be identified as needed to affirmatively
further fair housing
Sec 4.9.3 and Appendix A, page A-116
(Contribution to AFFH)
(c)(1) and to facilitate and encourage the development of a
variety of types of housing for all income levels, including
multifamily rental housing,
P 5-10 to 5-15 (multi-family)
Sec 5.2.8
Table 5.7
(c)(1) factory-built housing, Page 5-24 (manufactured housing)
(c)(1) mobilehomes, Page 5-24 (mobile homes)
Exhibit 1-C: Conformance to Government Code Page C-8 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(1) housing for agricultural employees, Page 5-30
(c)(1) supportive housing, Page 5-25
(c)(1) single-room occupancy units, Page 5-27
(c)(1) emergency shelters, Page 5-27 to 5-30
(c)(1) and transitional housing. Page 5-25
(c)(1)(A) Where the inventory of sites, pursuant to paragraph
(3) of subdivision (a), does not identify adequate sites to
accommodate the need for groups of all household income
levels pursuant to Section 65584, rezoning of those sites,
including adoption of minimum density and development
standards, for jurisdictions with an eight-year housing
element planning period pursuant to Section 65588, shall be
completed no later than three years after either the date the
housing element is adopted pursuant to subdivision (f) of
Section 65585 or the date that is 90 days after receipt of
comments from the department pursuant to subdivision (b) of
Section 65585, whichever is earlier, unless the deadline is
extended pursuant to subdivision (f). Notwithstanding the
foregoing, for a local government that fails to adopt a housing
element that the department has found to be in substantial
compliance with this article within 120 days of the statutory
deadline in Section 65588 for adoption of the housing
element, rezoning of those sites, including adoption of
minimum density and development standards, shall be
completed no later than one year from the statutory deadline
in Section 65588 for adoption of the housing element.
Current zoning provides adequate
capacity to meet RHNA for all income
levels.
(c)(1)(B) Where the inventory of sites, pursuant to paragraph
(3) of subdivision (a), does not identify adequate sites to
accommodate the need for groups of all household income
levels pursuant to Section 65584, the program shall identify
sites that can be developed for housing within the planning
period pursuant to subdivision (h) of Section 65583.2. The
identification of sites shall include all components specified in
Section 65583.2. Note: Please see Section 65583.2
regarding the land inventory and conformance with
subdivision (h).
N/A. The inventory identifies adequate
sites to meet the RHNA for all income
groups.
(c)(1)(C) Where the inventory of sites pursuant to paragraph
(3) of subdivision (a) does not identify adequate sites to
accommodate the need for farmworker housing, the program
shall provide for sufficient sites to meet the need with zoning
that permits farmworker housing use by right, including
density and development standards that could accommodate
and facilitate the feasibility of the development of farmworker
housing for low- and very low income households.
N/A. The inventory identifies adequate
sites to meet the need for farmworker
housing. Program 42 is included to
treat employee housing the same as
other housing types in each zone.
(c)(2) Assist in the development of adequate housing to meet
the needs of extremely low, very low, low-, and moderate-
income households.
Chapter 6 (all programs)
Exhibit 1-C: Conformance to Government Code Page C-9 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(3) Address and, where appropriate and legally possible,
remove governmental and nongovernmental constraints to
the maintenance, improvement, and development of housing,
including housing for all income levels
Governmental: Chapter 6, programs
24, 25, 26, 27, 29, 37, 38, 39, 42, 43
Non-Governmental: Chapter 6,
programs 16, 18, 23, 37, 40, 44
(c)(3) and housing for persons with disabilities. The program
shall remove constraints to, and provide reasonable
accommodations for housing designed for, intended for
occupancy by, or with supportive services for, persons with
disabilities.
Chapter 6: programs 5, 33, 34
(c)(3) Transitional housing and supportive housing shall be
considered a residential use of property and shall be subject
only to those restrictions that apply to other residential
dwellings of the same type in the same zone.
Chapter 6: Policy H-1.2 (p 6-3)
(c)(3) Supportive housing, as defined in Section 65650, shall
be a use by right in all zones where multifamily and mixed
uses are permitted, as provided in Article 11 (commencing
with Section 65650).
Chapter 6: Policy H-1.2 (p 6-3)
(c)(4) Conserve and improve the condition of the existing
affordable housing stock, which may include addressing
ways to mitigate the loss of dwelling units demolished by
public or private action.
Chapter 6: Program 11 (also Programs
12 and 13)
(c)(5) Promote and affirmatively further fair housing
opportunities and promote housing throughout the
community or communities for all persons regardless of race,
religion, sex, marital status, ancestry, national origin, color,
familial status, or disability, and other characteristics
protected by the California Fair Employment and Housing Act
(Part 2.8 (commencing with Section 12900) of Division 3 of
Title 2), Section 65008, and any other state and federal fair
housing and planning law.
Appendix A
Also see Table 6-2 (Chapter 6)
(c)(6) Preserve for lower income households the assisted
housing developments identified pursuant to paragraph (9) of
subdivision (a).
Chapter 6, Program 30
(c)(6) The program for preservation of the assisted housing
developments shall utilize, to the extent necessary, all
available federal, state, and local financing and subsidy
programs identified in paragraph (9) of subdivision (a),
except where a community has other urgent needs for which
alternative funding sources are not available.
Chapter 6, Programs 16, 30
(c)(6) The program may include strategies that involve local
regulation and technical assistance.
Chapter 6, Programs 6A, 6E, 6G
(c)(7) Develop a plan that incentivizes and promotes the
creation of accessory dwelling units that can be offered at
affordable rent, as defined in Section 50053 of the Health
and Safety Code, for very low, low-, or moderate-income
households. For purposes of this paragraph, “accessory
dwelling units” has the same meaning as “accessory dwelling
Chapter 6, Program 26
Exhibit 1-C: Conformance to Government Code Page C-10 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
unit” as defined in paragraph (4) of subdivision (i) of Section
65852.2.
(c)(8) Include an identification of the agencies and officials
responsible for the implementation of the various actions and
the means by which consistency will be achieved with other
general plan elements and community goals.
Chapter 6. A responsible agency is
listed for each of the 44 programs.
Program 22 addresses the APR, which
covers General Plan consistency.
(c)(9) Include a diligent effort by the local government to
achieve public participation of all economic segments of the
community in the development of the housing element, and
the program shall describe this effort.
Page 1-9 to 1-16, Appendix C
(c)(10)(A) Affirmatively further fair housing in accordance with
Chapter 15 (commencing with Section 8899.50) of Division 1
of Title 2. The program shall include an assessment of fair
housing in the jurisdiction that shall include all of the
following components:
Appendix A
(c)(10)(A)(i) A summary of fair housing issues in the
jurisdiction
Appendix A, Section C
(c)(10)(A)(i) and an assessment of the jurisdiction’s fair
housing enforcement and fair housing outreach capacity.
Appendix A, Page A-6 (enforcement)
and Page A-11 (outreach)
(c)(10)(A)(ii) An analysis of available federal, state, and local
data and knowledge to identify integration and segregation
patterns and trends,
Appendix A, Section D
(c)(10)(A)(ii)racially or ethnically concentrated areas of
poverty and affluence,
Appendix A, Section E1 and E2
(c)(10)(A)(ii) disparities in access to opportunity, Appendix A, Section F
(c)(10)(A)(ii) and disproportionate housing needs, Appendix A, Section G
(c)(10)(A)(ii) including displacement risk. Appendix A, Section G4
(c)(10)(A)(ii) The analysis shall identify and examine such
patterns, trends, areas, disparities, and needs, both within
the jurisdiction.
This is addressed throughout
Appendix A, with maps of San Rafael
and the region for several variables
(c)(10)(A)(ii) and comparing the jurisdiction to the region in
which it is located, based on race and other characteristics
protected by the California Fair Employment and Housing Act
(Part 2.8 (commencing with Section 12900) of Division 3 of
Title 2) and Section 65008.
See comment above
(c)(10)(A)(iii) An assessment of the contributing factors,
including the local and regional historical origins
Appendix A, Section H and Section J
(c)(10)(A)(iii) and current policies and practices, for the fair
housing issues identified under clauses (i) and (ii).
Appendix A, Section C5
(c)(10)(A)(iv) An identification of the jurisdiction’s fair housing
priorities and goals, giving highest priority to those factors
identified in clause (iii) that limit or deny fair housing choice
or access to opportunity, or negatively impact fair housing or
civil rights compliance,
Appendix A, Section J. Also Chapter
6, Table 6-2
(c)(10)(A)(iv) and identifying the metrics and milestones for
determining what fair housing results will be achieved.
Table 6-2
Exhibit 1-C: Conformance to Government Code Page C-11 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(10)(A)(v) Strategies and actions to implement those
priorities and goals, which may include, but are not limited to,
enhancing mobility strategies
See Chapter 6, programs supporting
housing mobility are specifically listed
in Table 6-2
(c)(10)(A)(v) and encouraging development of new affordable
housing in areas of opportunity,
See Chapter 6, programs supporting
new affordable housing in areas of
opportunity are specifically listed in
Table 6-2
(c)(10)(A)(v) as well as place-based strategies to encourage
community revitalization, including preservation of existing
affordable housing,
See Chapter 6, programs supporting
place-based strategies are specifically
listed in Table 6-2
(c)(10)(A)(v) and protecting existing residents from
displacement.
See Chapter 6, programs to prevent
displacement are specifically listed in
Table 6-2
(c)(10)(B) A jurisdiction that completes or revises an
assessment of fair housing pursuant to Subpart A
(commencing with Section 5.150) of Part 5 of Subtitle A of
Title 24 of the Code of Federal Regulations, as published in
Volume 80 of the Federal Register, Number 136, page
42272, dated July 16, 2015, or an analysis of impediments to
fair housing choice in accordance with the requirements of
Section 91.225 of Title 24 of the Code of Federal Regulations
in effect before August 17, 2015, may incorporate relevant
portions of that assessment or revised assessment of fair
housing or analysis or revised analysis of impediments to fair
housing into its housing element.
N/A
(c)(10)(C) The requirements of this paragraph shall apply to
housing elements due to be revised pursuant to Section
65588 on or after January 1, 2021.
N/A
(d)(1) A local government may satisfy all or part of its
requirement to identify a zone or zones suitable for the
development of emergency shelters pursuant to paragraph
(4) of subdivision (a) by adopting and implementing a
multijurisdictional agreement, with a maximum of two other
adjacent communities, that requires the participating
jurisdictions to develop at least one year-round emergency
shelter within two years of the beginning of the planning
period.
N/A
(d)(2) The agreement shall allocate a portion of the new
shelter capacity to each jurisdiction as credit toward its
emergency shelter need, and each jurisdiction shall describe
how the capacity was allocated as part of its housing
element.
N/A
(d)(3) Each member jurisdiction of a multijurisdictional
agreement shall describe in its housing element all of the
following:
N/A
(d)(3)(A) How the joint facility will meet the jurisdiction’s
emergency shelter need.
N/A
Exhibit 1-C: Conformance to Government Code Page C-12 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(d)(3)(B) The jurisdiction’s contribution to the facility for both
the development and ongoing operation and management of
the facility.
(d)(3)(C) The amount and source of the funding that the
jurisdiction contributes to the facility.
(d)(4) The aggregate capacity claimed by the participating
jurisdictions in their housing elements shall not exceed the
actual capacity of the shelter.
N/A.
(e) Except as otherwise provided in this article, amendments
to this article that alter the required content of a housing
element shall apply to both of the following: [Note that this
provision is applicable to AB 2339 (Chapter 654, Statutes
of 2022), which amended Section 65583(a)(4).
Jurisdictions adopting their housing element after
January 1, 2023 should describe why this amendment is
not applicable to them.]
N/A. City’s standards comply with AB
2339.
(1) A housing element or housing element amendment
prepared pursuant to subdivision (e) of Section 65588 or
Section 65584.02, when a city, county, or city and county
submits a draft to the department for review pursuant to
Section 65585 more than 90 days after the effective date of
the amendment to this section.
N/A
(2) Any housing element or housing element amendment
prepared pursuant to subdivision (e) of Section 65588 or
Section 65584.02, when the city, county, or city and county
fails to submit the first draft to the department before the due
date specified in Section 65588 or 65584.02.
N/A
(f) – (j): Not applicable N/A
Section 65583.1(a)
(a) The Department of Housing and Community
Development, in evaluating a proposed or adopted housing
element for substantial compliance with this article, … may
also allow a city or county to identify sites for accessory
dwelling units based on the number of accessory dwelling
units developed in the prior housing element planning period
whether or not the units are permitted by right, the need for
these units in the community, the resources or incentives
available for their development, and any other relevant
factors, as determined by the department.
Sec 4.6
(b) Sites that contain permanent housing units located on a
military base undergoing closure or conversion as a result of
action pursuant to the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100-
526), the Defense Base Closure and Realignment Act of
1990 (Public Law 101-510), or any subsequent act requiring
the closure or conversion of a military base may be identified
as an adequate site if the housing element demonstrates that
the housing units will be available for occupancy by
households within the planning period of the element. No
N/A (no military base in San Rafael)
Exhibit 1-C: Conformance to Government Code Page C-13 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
sites containing housing units scheduled or planned for
demolition or conversion to nonresidential uses shall qualify
as an adequate site.
Note: If communities are using the provisions of Section
65583.1(c), which allow RHNA credit for conversion of
non-affordable to affordable housing and for
preservation of existing affordable housing at risk of
loss, the applicable provisions need to be added to this
table.
N/A. Provision is not being used
Section 65583.2
(a) A city’s or county’s inventory of land suitable for
residential development pursuant to paragraph (3) of
subdivision (a) of Section 65583 shall be used to identify
sites throughout the community, consistent with paragraph
(10) of subdivision (c) of Section 65583,
Chapter 4 (maps included); Appendix
B
(a) that can be developed for housing within the planning
period and that are sufficient to provide for the jurisdiction’s
share of the regional housing need for all income levels
pursuant to Section 65584. As used in this section, “land
suitable for residential development” includes all of the
following sites that meet the standards set forth in
subdivisions (c) and (g):
Chapter 4 and Appendix B
(a)(1) Vacant sites zoned for residential use. Sec 4.7.2 and 4.7.3, Appendix B
(a)(2) Vacant sites zoned for nonresidential use that allows
residential development.
Sec 4.7.4 and 4.7.5
(a)(3) Residentially zoned sites that are capable of being
developed at a higher density, including sites owned or
leased by a city, county, or city and county
Sec. 4.7.3
(a)(4) Sites zoned for nonresidential use that can be
redeveloped for residential use, and for which the housing
element includes a program to rezone the site, as necessary,
rezoned for, to permit residential use, including sites owned
or leased by a city, county, or city and county.
Sites zoned for nonresidential use that
can be redeveloped for residential use
are addressed in Sections 4.7.4 to
4.7.6 and in Appendix B. Housing is
allowed on all sites listed.
(b) The inventory of land shall include all of the following: N/A
(b)(1) A listing of properties by assessor parcel number. Appendix B
(b)(2) The size of each property listed pursuant to paragraph
(1), and the general plan designation and zoning of each
property.
Appendix B
(b)(3) For nonvacant sites, a description of the existing use of
each property.
Appendix B, spreadsheets D, E, and F.
Also, Tables 4.4 and 4.5
(b)(3) If a site subject to this paragraph is owned by the city
or county, the description shall also include whether there are
any plans to dispose of the property during the planning
period and how the city or county will comply with Article 8
(commencing with Section 54220) of Chapter 5 of Part 1 of
Division 2 of Title 5.
Chapter 6, Program 19
Exhibit 1-C: Conformance to Government Code Page C-14 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(b)(4) A general description of any environmental constraints
to the development of housing within the jurisdiction, the
documentation for which has been made available to the
jurisdiction. This information need not be identified on a site-
specific basis.
Sec 4.9.1
(b)(5)(A) A description of existing or planned water, sewer,
and other dry utilities supply, including the availability and
access to distribution facilities.
Sec 4.9.2
(b)(5)(B) Parcels included in the inventory must have
sufficient water, sewer, and dry utilities supply available and
accessible to support housing development or be included in
an existing general plan program or other mandatory
program or plan, including a program or plan of a public or
private entity providing water or sewer service, to secure
sufficient water, sewer, and dry utilities supply to support
housing development. This paragraph does not impose any
additional duty on the city or county to construct, finance, or
otherwise provide water, sewer, or dry utilities to parcels
included in the inventory.
All parcels have water, sewer, and dry
utilities. See also Program 40 (Water
and Sewer Priority)
(b)(6) Sites identified as available for housing for above
moderate-income households in areas not served by public
sewer systems. This information need not be identified on a
site-specific basis.
N/A. All areas served by sewer.
(b)(7) A map that shows the location of the sites included in
the inventory, such as the land use map from the
jurisdiction’s general plan, for reference purposes only.
Figures 4-1 (A through E)
(c) Based on the information provided in subdivision (b), a
city or county shall determine whether each site in the
inventory can accommodate the development of some
portion of its share of the regional housing need by income
level during the planning period, as determined pursuant to
Section 65584. The inventory shall specify for each site the
number of units that can realistically be accommodated on
that site and whether the site is adequate to accommodate
lower income housing, moderate-income housing, or above
moderate-income housing.
Appendix B.
Spreadsheets C through F
(c) A nonvacant site identified pursuant to paragraph (3) or
(4) of subdivision (a) in a prior housing element and a vacant
site that has been included in two or more consecutive
planning periods that was not approved to develop a portion
of the locality’s housing need shall not be deemed adequate
to accommodate a portion of the housing need for lower
income households that must be accommodated in the
current housing element planning period unless the site is
zoned at residential densities consistent with p aragraph (3)
of this subdivision and the site is subject to a program in the
housing element requiring rezoning within three years of the
beginning of the planning period to allow residential use by
right for housing developments in which at least 20 percent
Program 41, Clause D (By right
development on carry over sites)
Exhibit 1-C: Conformance to Government Code Page C-15 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
of the units are affordable to lower income households. An
unincorporated area in a nonmetropolitan county pursuant to
clause (ii) of subparagraph (B) of paragraph (3) shall not be
subject to the requirements of this subdivision to allow
residential use by right.
(c) Notwithstanding the foregoing, for a local government that
fails to adopt a housing element that the department has
found to be in substantial compliance with state law within
120 days of the statutory deadline in Section 65588 for
adoption of the housing element, rezoning pursuant to this
subdivision shall be completed no later than one year from
the statutory deadline in Section 65588 for adoption of the
housing element.
N/A, The City has sufficient zoning in
place to meet its RHNA.
(c) The analysis shall determine whether the inventory can
provide for a variety of types of housing, including multifamily
rental housing,
Chapter 4 (most sites are zoned to
accommodate 30 units per acre or
more)
(c) factory-built housing, mobilehomes, Page 5-24
(c) housing for agricultural employees, supportive housing, Page 5-30, Page 6-56
(c) single-room occupancy units, Page 5-27, Page 6-9
(c) emergency shelters, and Page 5-27 to 30, plus Chapter 6,
Programs 2 and 4
(c) transitional housing Page 5-26, Policy H-1.2, Program 41
(c) and whether the inventory affirmatively furthers fair
housing.
Page A-116
(c) The city or county shall determine the number of housing
units that can be accommodated on each site as follows:
Section 4.3
(c)(1) If local law or regulations require the development of a
site at a minimum density, the department shall accept the
planning agency’s calculation of the total housing unit
capacity on that site based on the established minimum
density. If the city or county does not adopt a law or
regulation requiring the development of a site at a minimum
density, then it shall demonstrate how the number of units
determined for that site pursuant to this subdivision will be
accommodated.
See Appendix B. Capacity estimates
are provided and explained for each
site in the inventory.
(c)(2) The number of units calculated pursuant to paragraph
(1) shall be adjusted as necessary, based on the land use
controls and site improvements requirement identified in
paragraph (5) of subdivision (a) of Section 65583,
Section 4.3 and Section 4.8: See
“realistic capacity” discussions. Also,
Appendix B includes “theoretical” and
“realistic” capacity columns
(c)(2) the realistic development capacity for the site, Appendix B (see above)
(c)(2) typical densities of existing or approved residential
developments at a similar affordability level in that
jurisdiction,
Section 4.8
(c)(2) and on the current or planned availability and
accessibility of sufficient water, sewer, and dry utilities.
Sec 4.9.2, also Appendix B
Exhibit 1-C: Conformance to Government Code Page C-16 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(2)(A) A site smaller than half an acre shall not be deemed
adequate to accommodate lower income housing need
unless the locality can demonstrate that sites of equivalent
size were successfully developed during the prior planning
period for an equivalent number of lower income housing
units as projected for the site or unless the locality provides
other evidence to the department that the site is adequate to
accommodate lower income housing.
Sec 4.8.2, “large and small sites”
(c)(2)(B) A site larger than 10 acres shall not be deemed
adequate to accommodate lower income housing need
unless the locality can demonstrate that sites of equivalent
size were successfully developed during the prior planning
period for an equivalent number of lower income housing
units as projected for the site or unless the locality provides
other evidence to the department that the site can be
developed as lower income housing.
Sec 4.8.2, “large and small sites”
(c)(2)(B) For purposes of this subparagraph, “site” means
that portion of a parcel or parcels designated to
accommodate lower income housing needs pursuant to this
subdivision.
Appendix B
Also, Figure 4-1, Sheets 1-5
(c)(2)(C) A site may be presumed to be realistic for
development to accommodate lower income housing need if,
at the time of the adoption of the housing element, a
development affordable to lower income households has
been proposed and approved for development on the site.
Appendix B, Spreadsheets A and B
(c)(3) For the number of units calculated to accommodate its
share of the regional housing need for lower income
households pursuant to paragraph (2), a city or county shall
do either of the following:
Chapter 4
(c)(3)(A) Provide an analysis demonstrating how the adopted
densities accommodate this need. The analysis shall include,
but is not limited to, factors such as market demand, financial
feasibility, or information based on development project
experience within a zone or zones that provide housing for
lower income households.
N/A. San Rafael is using approach (B)
below: default density is 30 DU/Ac
(c)(3)(B) The following densities shall be deemed appropriate
to accommodate housing for lower income households:
(i) For an incorporated city within a nonmetropolitan county
and for a nonmetropolitan county that has a micropolitan
area: sites allowing at least 15 units per acre.
(ii) For an unincorporated area in a nonmetropolitan county
not included in clause (i):sites allowing at least 10 units / ac.
(iii) For a suburban jurisdiction: sites allowing at least 20
units per acre.
(iv) For a jurisdiction in a metropolitan county: sites allowing
at least 30 units per acre.
Sites identified as lower income sites
allow at least 30 units per acre.
(4)(A) For a metropolitan jurisdiction: N/A
Exhibit 1-C: Conformance to Government Code Page C-17 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(4)(A)(i) At least 25 percent of the jurisdiction’s share of the
regional housing need for moderate-income housing shall be
allocated to sites with zoning that allows at least 4 units of
housing, but not more than 100 units per acre of housing.
Appendix B. The moderate-income
sites meet this criteria.
(4)(A)(ii) At least 25 percent of the jurisdiction’s share of the
regional housing need for above moderate-income housing
shall be allocated to sites with zoning that allows at least 4
units of housing.
Appendix B. The above moderate
income housing sites meet this criteria.
(B) The allocation of moderate-income and above moderate-
income housing to sites pursuant to this paragraph shall not
be a basis for the jurisdiction to do either of the following:
(i) Deny a project that does not comply with the allocation.
(ii) Impose a price minimum, price maximum, price control, or
any other exaction or condition of approval in lieu thereof.
This clause does not prohibit a jurisdiction from imposing any
price minimum, price maximum, price control, exaction, or
condition in lieu thereof, pursuant to any other law.
(iii) The provisions of this subparagraph do not constitute a
change in, but are declaratory of, existing law with regard to
the allocation of sites pursuant to this section.
Nothing in the San Rafael 2023-2031
Housing Element conflicts with this
requirement.
(C) This paragraph does not apply to an unincorporated
area.
N/A
(D) For purposes of this paragraph: N/A
(i) “Housing development project” has the same meaning as
defined in paragraph (2) of subdivision (h) of Section
65589.5.
N/A
(ii) “Unit of housing” does not include an accessory dwelling
unit or junior accessory dwelling unit that could be approved
pursuant to Section 65852.2 or Section 65852.22 or through
a local ordinance or other provision implementing either of
those sections. This paragraph shall not limit the ability of a
local government to count the actual production of accessory
dwelling units or junior accessory dwelling units in an annual
progress report submitted pursuant to Section 65400 or other
progress report as determined by the department.
Appendix B. The potential for ADUs is
not counted in determining the yield of
the housing opportunity sites and is
calculated separately at Sec 4.6.
Chapter 6, Program 26 addresses
ADU monitoring and surveys.
(E) Nothing in this subdivision shall preclude the subdivision
of a parcel, provided that the subdivision is subject to the
Subdivision Map Act (Division 2 (commencing with Section
66410)) or any other applicable law authorizing the
subdivision of land.
N/A
(d) For purposes of this section, a metropolitan county,
nonmetropolitan county, and nonmetropolitan county with a
micropolitan area shall be as determined by the United
States Census Bureau. A nonmetropolitan county with a
micropolitan area includes the following counties: Del Norte,
Humboldt, Lake, Mendocino, Nevada, Tehama, and
Tuolumne and other counties as may be determined by the
N/A. Marin County is classified as a
suburban county
Exhibit 1-C: Conformance to Government Code Page C-18 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
United States Census Bureau to be nonmetropolitan counties
with micropolitan areas in the future.
(e) (1) Except as provided in paragraph (2), a jurisdiction
shall be considered suburban if the jurisdiction does not meet
the requirements of clauses (i) and (ii) of subparagraph (B) of
paragraph (3) of subdivision (c) and is located in a
Metropolitan Statistical Area (MSA) of less than 2,000,000 in
population, unless that jurisdiction’s population is greater
than 100,000, in which case it shall be considered
metropolitan. A county, not including the City and County of
San Francisco, shall be considered suburban unless the
county is in an MSA of 2,000,000 or greater in population in
which case the county shall be considered metropolitan.
N/A
(2)(A)(i) Notwithstanding paragraph (1), if a county that is in
the San Francisco-Oakland-Fremont California MSA has a
population of less than 400,000, that county shall be
considered suburban. If this county includes an incorporated
city that has a population of less than 100,000, this city shall
also be considered suburban. This paragraph shall apply to a
housing element revision cycle, as described in
subparagraph (A) of paragraph (3) of subdivision (e) of
Section 65588, that is in effect from July 1, 2014, to
December 31, 2028, inclusive.
This applies to Marin County, but San
Rafael is using the higher default
density standard applicable to
metropolitan counties.
(2)(A)(ii) A county subject to this subparagraph s hall utilize
the sum existing in the county’s housing trust fund as of June
30, 2013, for the development and preservation of housing
affordable to low- and very low income households.
N/A
(2)(B) A jurisdiction that is classified as suburban pursuant to
this paragraph shall report to the Assembly Committee on
Housing and Community Development, the Senate
Committee on Housing, and the Department of Housing and
Community Development regarding its progress in
developing low- and very low income housing consistent with
the requirements of Section 65400. The report shall be
provided three times: once, on or before December 31, 2019,
which report shall address the initial four years of the housing
element cycle, a second time, on or before December 31,
2023, which report shall address the subsequent four years
of the housing element cycle, and a third time, on or before
December 31, 2027, which report shall address the
subsequent four years of the housing element cycle and the
cycle as a whole. The reports shall be provided consistent
with the requirements of Section 9795.
San Rafael documents its progress in
its Annual Progress Report.
(f) A jurisdiction shall be considered metropolitan if the
jurisdiction does not meet the requirements for “suburban
area” above and is located in an MSA of 2,000,000 or greater
in population, unless that jurisdiction’s population is less than
25,000 in which case it shall be considered suburban.
See earlier comments.
Exhibit 1-C: Conformance to Government Code Page C-19 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(g)(1) For sites described in paragraph (3) of subdivision (b)
[non-vacant sites], the city or county shall specify the
additional development potential for each site within the
planning period and shall provide an explanation of the
methodology used to determine the development potential.
Appendix B, spreadsheets C through
E, also Sec 4.3. 4.7, and 4.8
(g)(1) The methodology shall consider factors including the
extent to which existing uses may constitute an impediment
to additional residential development,
Sec 4.3 and 4.8.3
(g)(1) the city’s or county’s past experience with converting
existing uses to higher density residential development,
Sec 4.8.3
(g)(1) the current market demand for the existing use, Sec 4.8.3 and Appendix B,
spreadsheets C through E
(g)(1) an analysis of any existing leases or other contracts
that would perpetuate the existing use or prevent
redevelopment of the site for additional residential
development,
Same as above
(g)(1) development trends, Same as above
(g)(1) market conditions, Same as above
(g)(1) and regulatory or other incentives or standards to
encourage additional residential development on these sites.
Same as above. See also Chapter 6,
Programs 19, 20, 21, 24, 28, 38, 39,
41, 42, 43
(g)(2) In addition to the analysis required in paragraph (1),
when a city or county is relying on nonvacant sites described
in paragraph (3) of subdivision (b) to accommodate 50
percent or more of its housing need for lower income
households, the methodology used to determine additional
development potential shall demonstrate that the existing use
identified pursuant to paragraph (3) of subdivision (b) does
not constitute an impediment to additional residential
development during the period covered by the housing
element. An existing use shall be presumed to impede
additional residential development, absent findings based on
substantial evidence that the use is likely to be discontinued
during the planning period.
Sec 4.2.5 and 4.8.3. Findings
included in adoption Resolution.
(g)(3) Notwithstanding any other law, and in addition to the
requirements in paragraphs (1) and (2), sites that currently
have residential uses, or within the past five years have had
residential uses that have been vacated or demolished, that
are or were subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and
families of low or very low income, subject to any other form
of rent or price control through a public entity’s valid exercise
of its police power, or occupied by low or very low income
households, shall be subject to a policy requiring the
replacement of all those units affordable to the same or lower
income level as a condition of any development on the site.
Replacement requirements shall be consistent with those set
forth in paragraph (3) of subdivision (c) of Section 65915.
See Chapter 6, Program 11 (p 6-22)
Exhibit 1-C: Conformance to Government Code Page C-20 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(h) The program required by subparagraph (A) of paragraph
(1) of subdivision (c) of Section 65583 shall accommodate
100 percent of the need for housing for very low and low-
income households allocated pursuant to Section 65584 for
which site capacity has not been identified in the inventory of
sites pursuant to paragraph (3) of subdivision (a) on sites
that shall be zoned to permit owner-occupied and rental
multifamily residential use by right for developments in which
at least 20 percent of the units are affordable to lower income
households during the planning period.
N/A. The City has provided adequate
sites to meet the RHNA.
(h) These sites shall be zoned with minimum density and
development standards that permit at least
A rezoning program is not required,
but most of the sites are subject to
minimum density requirements.
(h) 16 units per site at a density of at least 16 units per acre
in jurisdictions described in clause (i) of subparagraph (B) of
paragraph (3) of subdivision (c),
See note above. Housing sites have
the capacity to provide 16 units per
site at a density of at least 16 DUA.
(h) shall be at least 20 units per acre in jurisdictions
described in clauses (iii) and (iv) of subparagraph (B) of
paragraph (3) of subdivision (c)
N/A
(h) and shall meet the standards set forth in subparagraph
(B) of paragraph (5) of subdivision (b).
See note above
(h) At least 50 percent of the very low and low-income
housing need shall be accommodated on sites designated
for residential use and for which nonresidential uses or mixed
uses are not permitted, except that a city or county may
accommodate all of the very low and low-income housing
need on sites designated for mixed uses if those sites allow
100 percent residential use and require that residential use
occupy 50 percent of the total floor area of a mixed-use
project.
100% residential is allowed on all of
the housing sites
(i) For purposes of this section and Section 65583, the
phrase “use by right” shall mean that the local government’s
review of the owner-occupied or multifamily residential use
may not require a conditional use permit, planned unit
development permit, or other discretionary local government
review or approval that would constitute a “project” for
purposes of Division 13 (commencing with Section 21000) of
the Public Resources Code. Any subdivision of the sites shall
be subject to all laws, including, but not limited to, the local
government ordinance implementing the Subdivision Map
Act.
See note above; CUP and/or PUD
permit not required for residential.
Program included to eliminate AUP
requirement and use objective
standards in certain commercial
zones.
(i) A local ordinance may provide that “use by right” does not
exempt the use from design review. However, that design
review shall not constitute a “project” for purposes of Division
13 (commencing with Section 21000) of the Public
Resources Code.
The Housing Element is not
inconsistent with this requirement
Exhibit 1-C: Conformance to Government Code Page C-21 April 19, 2023
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(i) Use by right for all rental multifamily residential housing
shall be provided in accordance with subdivision (f) of
Section 65589.5.
N/A. The San Rafel Municipal Code
(zoning) treats rental and owner-
occupied multifamily housing the
same.
(j) Notwithstanding any other provision of this section, within
one-half mile of a Sonoma-Marin Area Rail Transit station,
housing density requirements in place on June 30, 2014,
shall apply.
N/A
Exhibit 1-D:
Tracked Change San Rafael 2023-2031 Working Draft Housing Element Showing All Proposed
Changes
https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2023/05/FullSanRafaelHousingEl
ement-Tracked-051023.pdf
Exhibit 1-E:
Adoption Draft (“clean”) Housing Element
htps://storage.googleapis.com/proudcity/sanrafaelca/uploads/2023/05/FullSanRafaelHousingElement-
clean-051023.pdf
Emergency Preparedness
Emergency preparedness is an essential part of being a more resilient city. The City of San Rafael
administers programs to help residents prepare for disasters and ensure that the City itself can effectively
respond to—and recover from—natural and human-caused disasters. These programs begin with basic
preventive measures such as vegetation management around homes, seismic reinforcement of older
structures, and flood proofing of vulnerable infrastructure. They also include community emergency
response training, drills and exercises, and education about how to stay safe when disaster strikes. It is
also critical to have plans in place for evacuation, shelter, food, medical care, counseling, and other needs
that occur during and after an emergency.
Most of San Rafael’s emergency preparedness programs are administered through the Fire Department
and the City’s Office of Emergency Services. The City has an Emergency Preparedness Plan, which aims
to prepare both the City and its residents for possible emergencies. San Rafael also works collaboratively
with the Marin County Sheriff’s Office and County Office of Emergency Services, which coordinates the
activities of local jurisdictions and operates a countywide Emergency Operations Center (EOC) during a
major emergency or disaster.
The City has prepared General Plan Appendix “K” to facilitate emergency preparedness planning.
Appendix K meets the requirements of Senate Bill 99 (SB99), which requires cities to include maps
showing neighborhoods in hazard-prone areas with only one means of ingress and egress. The map
identifies “constrained parcel groups” in San Rafael where evacuation may require additional strategic
planning. Appendix K also shows evacuation routes identified through the County’s Zonehaven program,
as well as streets with narrow road widths.
Goal S-6: Emergency Preparedness
Improve disaster preparedness, resiliency, response, and recovery.
The City should enhance public outreach, awareness, education, and preparedness for all hazards to
minimize losses.
EXHIBIT 1-F:
AMENDMENTS TO GENERAL PLAN 2040 SAFETY AND
RESILIENCE ELEMENT
The text below has been excerpted from General Plan 2040, which was adopted on August 2,
2021. The text in black is already part of the adopted General Plan. The red, underlined text
is being added to General Plan 2040 to meet the requirements of SB 99. Further amendments
may be made when an updated Local Hazard Mitigation Plan is adopted.
Policy S-6.1: Disaster Preparedness Planning
Conduct disaster prevention and preparedness planning in cooperation with other public agencies and
public interest organizations.
Program S-6.1A: Mutual Aid Agreements. Continue, and where feasible expand, mutual aid
agreements that augment public safety personnel in times of emergency.
Program S-6.1B: Standardized Emergency Management System (SEMS). Maintain a SEMS-
based emergency plan that provides direction and identifies responsibilities after a disaster.
Continue to train all City employees and officials in SEMS procedures.
Program S-6.1.C: Emergency Preparedness Plan. Update and publicize the City’s emergency
preparedness plan in conformance with State guidelines, including information on evacuation
routes and shelter locations. The City’s Emergency Operations Center Handbook also should be
updated.
Program S-6.1D: Urban Search and Rescue Techniques. Continue to ensure that Urban
Search and Rescue techniques remain current. Provide opportunities for trained volunteers to
participate as appropriate.
Policy S-6.2: Neighborhood Disaster Preparedness Programs
Encourage educational outreach to promote awareness and readiness among residents regarding
disaster preparedness. Outreach and education should be targeted for each hazard type and risk area,
including climate-related incidents. Community involvement is an essential part of resilience and recovery,
and residents play an important role in disaster response.
Program S-6.2A: Educational and Training Programs. Support educational and training
programs through the Police and Fire Departments and community-based organizations. These
Programs include Community Emergency Response Teams (CERT), Citizens Police Academy,
Neighborhood Response Groups (NRGs), and Voluntary Organizations Active in Disaster (VOAD)
among others. Neighborhood teams should supplement City resources during emergency
situations and can assist in disaster preparedness and mitigation efforts.
Program S-6.2B: Neighborhood Disaster Plans. Provide technical assistance as needed to
develop and update neighborhood disaster plans.
Program S-6.2C: Website Improvements. Regularly update the Fire Department’s website and
social media presence to provide information on disaster preparedness, resources, and links to
other sites. Include printed information in City publications such as the Recreation Activities
guide.
Program S-6.2D: Outreach to Vulnerable Populations. Identify vulnerable populations (such as
non-English speaking residents, frail older adults, young children, and persons with disabilities)
that may need assistance in times of disaster. Develop outreach programs that are geared
toward these populations, including multi-lingual communications.
Program S-6.2E: Disaster Management Drills. Conduct emergency response drills to test the
effectiveness of local procedures, including evacuation and emergency shelter drills in
neighborhoods prone to flooding and wildfire.
See also Policies EDI-2.10 and EDI-6.5 on increasing resilience among disadvantaged communities and
older adults. See Program EV-1.10A on the role of the business community in emergency preparedness.
Policy S-6.3: Improving Evacuation Capacity
Improve local evacuation capacity by identifying and improving escape routes for areas with unique
hazards or at-risk populations and identifying safe assembly locations for evacuees.
Program S-6.3A: Evacuation-Related Capital Projects. Identify key capital improvements
needed to facilitate the orderly evacuation of at-risk areas and the ability of designated assembly
points to handle evacuees.
Program S-6.3B: SB99 and AB747 Compliance. Utilize the maps in General Plan Appendix “K”
to inform evacuation planning and emergency preparedness efforts. The maps identify hazard-
prone areas, neighborhoods with only one means of ingress and egress, areas with narrow street
widths, and local evacuation routes. As part of the Local Hazard Mitigation Plan (LHMP) update,
pursue multi-jurisdictional analysis of evacuation under different scenarios, as required by AB
747. Incorporate the findings into updated emergency preparedness plans.
Policy S-6.4: Emergency Operations Centers
Maintain a centralized Emergency Operation Center to coordinate emergency responses to emergencies,
complemented by other locations in the city that provide for emergency evacuation and service delivery
following a major disaster.
Program S-6.4A: Evacuation Shelters. Identify locations of evacuation shelters and provide the
necessary training and supplies so that these centers can function effectively during and after a
disaster. This should include refuge centers for extreme heat events, power failures, and air
quality emergencies.
Policy S-6.5: Post-Disaster Recovery Planning
Incorporate post-disaster recovery planning in the City’s emergency management programs. Recovery
planning should include measures to mitigate the potential for further damage.
Program S-6.5A: Essential Services Following Disasters. Make provisions to continue
essential emergency public services during and after natural disasters and other catastrophes.
Program S-6.5B: Employee Transportation. To ensure adequate safety personnel in an
emergency, explore ways to transport first responders from outlying areas when damaged
infrastructure prevents them from driving to San Rafael.
Program S-6.5C: Incentives for Disaster Response and Essential Worker Personnel. Support
state legislation and City initiatives that would provide incentives for staff with roles in disaster
response to live in San Rafael, so they may be readily available if a disaster should occur.
Program S-6.5D: Rapid Reconstruction Ordinances. Explore model ordinances and best
practices to facilitate rapid reconstruction and recovery, including issues such as temporary
housing and modular construction. Reconstruction should achieve code compliance, while
advancing green building practices where feasible.
Policy S-6.6: Effective Communication Systems
Ensure that all City agencies with a role in emergency response are provided with effective, reliable and
robust emergency communications systems and equipment. The systems and equipment should have
adequate capacity and redundancy to ensure these agencies can accomplish their missions.
Consideration should also be given to the communications needs of the County of Marin and other
agencies that may be required to supply mutual aid to or from other jurisdictions.
Program S-6.6A: Involvement with Marin Emergency Radio Authority. Maintain active
involvement with Marin Emergency Radio Authority (MERA) and pursue installation and activation
of the MERA radio system.
CERT Training
One of the most important emergency preparedness resources for residents is the Community
Emergency Response Team (CERT) Program. CERT is sponsored by the San Rafael Fire Department
and includes a training program that familiarizes residents with the basics. Participates learn to:
•Size up the situation in their immediate area
•Reduce immediate dangers by turning off utilities, suppressing small fires, and evacuating
hazardous areas
•Performing immediate medical triage and basic treatment of injuries
•Assessing structural integrity and performing light search and rescue
•Collecting and recording vital information to professional responders on damage, victims, and
resources needed
•Providing leadership to untrained volunteers.
The City encourages all residents to participate in CERT training. A steering committee provides
ongoing guidance and assists in specific projects, events, and meetings.
Program S-6.6B: Emergency Alert Systems. Use emergency alerts, electronic message
boards, and other notification systems to warn resident of an active threat such as a flood or
wildfire. The use of emergency warning sirens and other types of mass notification alerts also
should be considered.
Policy S-6.7: Emergency Connectors
Pursue the development of road connections for emergency vehicles only to improve access within San
Rafael and between San Rafael and adjacent communities.
Program S-6.7A: Emergency Connectors. Maintain the following existing access routes for
emergency vehicles:
a) the existing connection between Freitas Parkway and Fawn Drive.
b) the all-weather connections between Freitas and Fawn and between Ridgewood and Fawn.
c) The connection between Del Ganado and Butterfield Road in Sleepy Hollow.
d) The private portion of Sienna Way in the Dominican area.
e) The access drive between Peacock and Biscayne.
Consider the need for additional emergency connectors, including the costs, effectiveness,
impacts, and potential to use such routes for evacuation in the event of a wildfire.
Program S-6.7B: Obstruction of Evacuation Routes. Reduce obstacles for emergency vehicles
and evacuation routes, including parked cars that constrict emergency vehicle passage.
Program S-6.7C: SMART Crossing. Work with SMART to explore the feasibility of an
emergency vehicle rail and pedestrian/bicycle crossing at Merrydale Drive (see also Policy NH-
4.10).
See the Mobility Element for policies to limit constriction of emergency access routes in future
road design.
Policy S-6.8: Design of Public Safety Facilities and Utilities
Ensure that public safety facilities, critical utilities, and telecommunication facilities are designed and
constructed to deliver necessary services with minimal interruption in times of disaster.
Program S-6.9A: Facility Evaluations. Regularly evaluate the need to upgrade essential public
safety facilities, equipment, and technology, and identify funding mechanisms to meet these
needs.
Program S-6.9B: Energy Storage Plan. Develop an Energy Storage Plan, including microgrids
and expanded battery capacity, to improve reliability of the power system following a major
disaster (see also Policy CSI-4.13 on energy reliability).
Policy S-6.9: Use of Technology
Leverage new technologies to reduce losses and save lives following a disaster. Implement
improvements such as traffic signal pre-emption for first responders to facilitate response and recovery
time.
S B 9 9 E V A C U A T I O N P L A N N I N G M A P S
San Rafael GENERAL PLAN 2040 | Appendix K Page K-1
APPENDIX K
SB 99 Evacuation Planning Maps
SB 99 Requirement
Senate Bill 99 (SB99) was signed by the Governor on August 30, 2019. The bill required each
city and county, upon the next revision of its housing element, to update the safety element of its
general plan to identify residential developments in hazard areas that do not have at least 2
emergency evacuation routes. San Rafael adopted its updated Housing Element for 2023-2031
in May 2023. Accordingly, the City added this Appendix to the General Plan 2040 along with a
program in the Safety Element to use this data in emergency preparedness planning.
Four maps have been prepared. An overview of these maps is provided below.
Composite Hazard Areas
Figure K-1 shows composite natural hazards in the San Rafael Planning Area. Different colors are
used to display a variety of hazard types, including the Wildland Urban Interface area (WUI), the
100-year flood plain (Flood Insurance Rate Maps), the Sea Level Rise overlay (a General Plan land
use designation), areas with high landslide risks, and areas with high liquefaction hazard levels.
Collectively, these areas comprise most of San Rafael. The five hazards listed here were merged
into a single “layer” that is used in Figure K-2 to identify “hazard areas” as required by SB 99.
Constrained Parcel Clusters
SB99 requires the City to identify residential areas with less than two emergency evacuation
routes. The State Office of Planning and Research has not published thresholds for defining
“residential areas.” Based on best practices in other cities, the City used a threshold of 30 parcels
(or 30 dwelling units) to identify these areas. In other words, individual cul-de-sacs and dead-end
streets were not included on the map if they served fewer than 30 units. Designated evacuation
routes also were excluded. The map primarily shows subdivisions in San Rafael’s hillside
neighborhoods where more than 30 homes must rely on a single local street to access the nearest
evacuation route. These areas are shown on Figure K-2.
Street Widths
Figure K-3 shows street widths in San Rafael. Street are classified using pavement width rather
than right-of-way, providing a better assessment of constrained areas. Private streets are
generally excluded from this diagram. Of particular note are those streets with a curb to curb
width of less than 20 feet. On-street parking can create emergency vehicle access hazards in
such areas, requiring parking limitations in some cases.
Evacuation Routes
Figure K-4 shows evacuation routes in San Rafael, as designated on the Zonehaven map prepared
for countywide emergency preparedness planning. The map identifies primary routes, which
generally correspond to major arterial streets, and secondary routes, which generally correspond
S B 9 9 E V A C U A T I O N P L A N N I N G M A P S
San Rafael GENERAL PLAN 2040 | Appendix K Page K-2
to minor arterial and collector streets. Zonehaven is a technology service that identifies individual
evacuation zones in each jurisdiction, improves the efficiency and speed of evacuation, and assists
first responders in orderly and effective disaster response.
NORTH
HAZARD TYPE
Wildland-Urban Interface
High Landslide Risk
High Liquefaction Risk
Flood Plain
Sea Level Rise
Sources: ESRI HERE Garmin, USGS, Imermap, INCREMENT
Figure K-1:
Composite Hazard Areas
Figure K-2:
Constrained Parcel
Groups (SB99)
NORTH Sources: ESRI, San Rafael Digital Services, 2023
Figure K-2:
Constrained Parcel Clusters
EVACUATION FACTORS
Constrained Parcel Cluster
Composite Hazard Area
City Limit
Planning Area
0 0.5 1 2
Miles
NORTH Sources: ESRI, San Rafael Digital Services, 2023
Figure K-3:
Street Widths
STREET WIDTHS
Less than 14’
14 –19’
20-30’
30’ or more
City Limit
Planning Area
NORTH Sources: Zonehaven, San Rafael Digital Services, 2023
Figure K-4:
Evacuation Routes
0 0.5 1 2
Miles
EVACUATION ROUTES
Primary
Secondary
City Limit
Planning Area
Exhibit 1-G:
Addendum to the General Plan 2040 EIR
https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2023/04/EXHIBIT1-F-
EIRAddendum_HousingElement2023-31.pdf