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HomeMy WebLinkAboutCC Resolution 8207 (General Plan 2000 Housing Element)JOLUTION NO. 8207 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING A NEGATIVE DECLARATION AND ADOPTING A REVISED SAN RAFAEL GENERAL PLAN 2000 HOUSING ELEMENT (GPA 90-3) WHEREAS, State law requires Bay Area cities to update their Housing Elements by July, 1990 to incorporate the most recent ABAG Housing Needs numbers and other changes; and WHEREAS, the Council adopted a work program in November, 1989, to update the Housing Element and in December, 1989, hired the firm of Jeffrey Baird and Associates to complete this task; and WHEREAS, in March, 1990, two community workshops were held to obtain housing group and general public comments on the administrative draft Element revisions; and WHEREAS, the draft was revised to incorporate many community comments and was sent on April 9 to the State Department of Housing and Community Development (HCD) for their mandated review and comment on the Element's consistency with State Housing Element law; and WHEREAS, comments were received back from HCD on May 25, 1990, stating that certain changes are needed for San Rafael's Housing Element to be considered consistent with State Housing Element Guidelines: these comments were responded to in the June 12, 1990 staff report; and WHEREAS, staff has identified the proposed changes to the Housing Element needed to comply with State law, and to respond to comments from HCD, community workshops and public hearings in the draft Housing Element document, with modifications included in Attachment A; and WHEREAS, an environmental assessment for the proposed program and policy changes to the San Rafael General Plan 2000 Housing Element resulted in a Negative Declaration of Environmental Impacts. The Negative Declaration was prepared on May 15, 1990, and no comments were received; and WHEREAS, the San Rafael Planning Commission is required by state law to hold at least one public hearing and make a written recommendation to the legislative body on the adoption of any Plan amendments; and WHEREAS, the Planning Commission held a public hearing on June 12, 1990, to hear public comments on the proposed Housing Element amendments; and WHEREAS, the Planning Commission continued its discussion of the proposed Housing Element amendments to June 26, 1990 to review and -1- consider the staff report and written and verbal testimony on the potential amendments and Negative Declaration; and WHEREAS, the San Rafael City Council is required by state law to hold at least one public hearing on the adoption of any Plan amendments; and WHEREAS, the City Council held a public hearing on June 12, 1990, to hear public comments on the proposed Housing Element. NOW, THEREFORE, BE IT RESOLVED, that the City Council certifies the Negative Declaration and adopts the Revised Housing Element as identified in the April, 1990 draft Housing Element, with the modifications included in Attachment A. BE IT FURTHER RESOLVED that the environmental assessment relied on the prior General Plan EIR to identify impacts of the General Plan policies and land use designations and identified no significant new environmental impacts resulting from the new or revised policies and programs; BE IT FURTHER RESOLVED that the City Council finds these recommended revisions to be in the public interest in that they help keep the Plan current and consistent with State law; provide updated background information; clarify wording of certain policies or programs; or strengthen the City's affordable housing policies. I, JEANNE M. LEONCINI, 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 Council of said City on Monday, the 16th of July, 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Brei ner, Shippey, Thayer & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro JEA M. LEONCINI, City Clerk opla Attachment A CHANGES TO THE APRIL 6,1990 DRAFT HOUSING ELEMENT Attachment to the City Council Resolution Certifiying a Negative Declaration and adopting a Revised San Rafael General Plan 2000 Housing Element (GPA 90-3) CHANGES TO POLICIES: 1. Page 5 (Policy H-19): "Below Market Rate Housing in Market Rate Residential Projects. Residential projects of 10 or more lots/units shall be required to provide at least 10% of their units affordable to moderate income households at 80-100% of median income for at least 40 years. Below Market Rate units should be of a similar mix and tvpe to that of the project as a whole and dispersed throughout the project. The City's primary intent is the construction of units on-site. If this is not practical, the City will allow other alternatives of equal value, such as in -lieu fees, construction of units off-site, donation of a portion of the property for future non-profit housing development, etc." 2. Page 7 (New Policy): "Neighborhood Relations Involving Emergency Shelters and Residential Care Facilities. The City of San Rafael shall encourage positive relations between neighborhoods and providers of permanent or temporary emergency shelters and residential care facilities. Providers or sponsors of emergency shelters, transitional housing programs and community care facilities shall be encouraged to establish outreach programs with their neighborhoods...." Page 7 (New Policy): "Single Room Occupancy Units. Single Room OccupaT,icv (SRO) units offer a unique housing resource in the community as an alternative to more expensive rental apartments and larger units. The Citv will encourage Eonsjruction of new SRO units and protection of the existing SRO unit supply." CHANGES TO PROGRAMS: 4. Pages 9 and 14 (Programs H -b and H -ii): Change the dates as follows: • H -b "Housing Fund Guidelines" - Change from 1991 to 1992 (page 9) • H -ii "Affordable Housing Sites Study" - Change from 1992 to 1991 (page 14) Attachment A City Council Resolution Page 2 5. Page 9 (Program H -f): Add the following information under Program H -f "Preparation of Neighborhood Plans", that: "Neighborhood Plans called for in the General Plan will be prepared consistent with the most recent General Plan Implementing Program Priorities. The Downtown Plan will also evaluate ways to encourage construction of new Single Room Occupancy units and protection of the existing Single Room Occupancy unit supply." 6. Page 10 (Program H-1): Add the following to the end of program H-1 "Housing Discrimination": "... appropriate department or agency including.Marin Mediation Services. City staff will also distribute fair housing pamphlets provided by such agencies and coordinate with other groups such as La Familia and the Housing Center." 7. Page 12 (Program H -z): Change the first sentence as follows: "Mixed Use. Allow Encourage mixed residential -commercial uses in areas consistent with the Land Use Plan. Revise ordinances ..." 8. Page 12 (Program H -aa): Assign responsibility for monitoring and implementation of Program H -aa "Accessible Units for the Physically Disabled" to the "Planning and Building Departments." and add the following sentence to the end of the program: "The City will also evaluate requiring accessible units in new projects of four or more units. Target: 1992; Planning Department." 9. Page 12 and 13 Delete new 'BMR Rental Regulations" program and combine with Program H -cc. Revise the last sentence of Program H -cc "Affordable Housing Incentives and Regulations" to read: "... below market rate units). Develop guidelines and incentives for ownership and rental prQjQcts. The City will also consider establishing a sliding scale for fee waivers or reduction in fees for those projects which provide a higher perrentagq of low and moderate income units. Additionally, develop guidelines and procedures for defining, monitoring and regulating_ ongoing affordability of rental projects by 1991; Housing Specialist." Attachment A City Council Resolution Page 3 10. Page 13 (New Program): Add the following: "Below Market Rate Housing in Market Rate Residential Projects Evaluation. Evaluate and consider changes to the City's BMR housing requirements (Policy H-19), including: (1) Increasing the minimum requirement for the portion of units affordable to moderate income from 10% to 15%; and (2) increasing the minimum requirements under Policy H-20 for Affordable Housing Projects. Target: 1992; Housing Specialist. 11. Page 13 (Program H-dd): Revise the program as follows: "Emergency Housing. Tree -aa Participate in the Countvwide Aetion Homeless Working Group in preparing a study with recommendations to the Board of Supervisors, other appointed bodies and other municipalities regarding the long-term needs of the homeless and a plan for providing emergency housing, halfway houses and homes with supervised care. -Sart Rafael will encourage- gNn�zaligns involved in emergeney or specialized isg, housing eieoo, to-ereat3 a:4 irte�urisdietional plan in h4cvk 3sch eomr_vniir1-4+as an epportranity t9 address its special housc/..Ng need and identify its leeal g tl:ie -xeed in order- to meet each community's fai share. F,,, d4ng for the plan prepart-ian could be frorn Mar -in Count Community D, .ant Fps. Target: Ongoing speci ' project 1990-91; Citv Manager. " 12. Page 13 (Program H-ff): Revise the program as follows: In Lieu Housing Fees Evaluation. Evaluate in -lieu housing fees for residential md non-residential projects, and for small residential projects of 2-9 units. Also evaluate revising residential in -lieu fees to incorporate a sliding scale based on the size of the project and housing size. Target: Evaluation to be underway completed by 1991; Housing Specialist. 13. Page 13 (New Program on the Water Moratorium): Add a new program to address the current water moratorium as follows: "Water Moratorium. The City will urge MMWD to expedite provision of adequate new water supplies for existing and planned development and to explore other measures to provide interim solutions to expand the supply of Attachment A City Council Resolution Page 4 water to allow construction of affordable housing projects. Target: 1990; Planning Department." 14. Page 13 (Program H-gg): Add the following to the end of the program paragraph: "... the General Plan; Planning Department. Goals and programs to preserve the social diversitv of San Rafael will be developed for use in updating the Land Use Element of the General Plan in 1993. Target: 1993; Planning Department." 15. Page 14 (Program H -ii): Revise H -ii "Affordable Housing Sites Study" as follows: "... as a way of encouraging the construction of affordable housing. Target: Januar�y-,988 Ongoing; Redevelopment -Department Agencv. In addition, the Citv will update the studv for the purpose of identifvinR potential additional Housing Opportunitv Areas or sites and may amend the Housing Opportunitv Areas list, as appropriate, based on the studv and the criteria in Policv H-39. Target: 1991; Housing Specialist." CHANGES TO THE BACKGROUND SECTION: 16. Page 15 (Introduction): Change the title of this section of the Background to "Introduction and Key Findings" and add the following the following paragraphs at the beginning of this section: "Marin County as whole continues to have a significant shortage of affordable housing. San Rafael indicators of this shortage are very low vacancy rates which were about 1% in 1989; a 135% increase in the average sales price of a single familv home between 1983 and 1989 (the average sales price in 1989 was $375,456); and an average median rent increase of over 25% between 1984 and 1990. Despite significant increases in housing prices in recent vears, the Citv has been very successful in providing low -and moderate -income housing and implementing the programs in the Housing Element. According to a March, 1989 Bav Area Council survey, San Rafael was one of onlv 10 cities in the Bay Area to come within 50% of meeting its lower income housing need between 1980 and 1990. Attachment A City Council Resolution Page 5 "Recent successes include projects located in identified Housing Opportunity_ Areas, such as the City/Redevelopment Agency and Centertown Associates development of a 63 -unit family rental project at Third and C Streets; a 98 - unit non-profit apartment project constructed as hart of the Smith Ranch Hills development agreement; and Crest Marin II, 220 -unit apartment project currently under construction, which will provide 44 units affordable to very low income for 5 years; then 35 units affordable to low and moderate income for another 40 years. "However, two City owned sites have been or are likely to be removed as Housing Opportunity Areas: (1) the City -Owned Property at the end of Bellam (6.1 acres) was designated as a "park" with adoption of the East San Rafael Neighborhood Plan due to hazardous materials and the need for additional neighborhood parkland; and (2) the site between B/C and Second/Third Streets is currently planned for a future library. A key remaining issue, proposed to be addressed by updating the "Affordable Housing Sites Study" (Program H -ii), is the identification of any other Housing Opportunity Areas or sites in the planning area, particularly sites south of Puerto Suello Hill, where "a special effort will be made to provide affordable housing," consistent with the criteria established in Policy H-38. "The Housing Element establishes new program targets for the 1988-1995 time period. The table on page 72 projects that even with a "best effort," the City, based on funding availability and other assumptions reflected in the new housing program targets, will be able to meet only 21% of its very low income housing need, 56% of its low income housing need, and 88% of its moderate income housing need (54% of the total low -and moderate -income need for the 1988-1995 time period). These targets may well be further impacted by MMWD's current ban on new water hook-ups." 17. Page 18 (Glossary): Add the following paragraph to the bottom of page 18 after the table entitled "HUD Median Family Income Limits for Marin County": "For many State and local programs, HCD income regulations must be used." 18. Page 37-38 (Recent Housing Construction Activity): Revise the table on pages 37-38 to identify that San Rafael Commons, 1606 Third Street, Drakes Terrace, and 285 Woodland as additional projects which have utilized "Density_ Bonuses." Attachment A City Council Resolution Page 6 19. Page 40 (Potential Vacant Land Available for Housing): Add the following information on page 40 after the paragraph identifying potential underutilized sites to the discussion of "Potential Vacant Land Available for Housing" to provide more specific information on planned infrastructure improvements: "The Circulation Element of the General Plan identifies specific circulation improvements needed to serve all Manned residential development. Costs and funding sources are also included. Other incorporated sites are within the existing service areas of local water and sewer districts and are considered infill development." 20. Page 42 (Water): Add the following information to the first "Water" paragraph on page 42: "San Rafael is provided water by an independent special district, Marin Municipal Water District (MMWD). The District serves San Rafael and southern Marin. It is governed by an independently elected Board of Directors. The District utilizes a system of county -wide reservoirs and storaxe tanks to supply its service area. In February, 1989, MMWD imposed a prohibition on new water hook-ups beyond a total limit of 35,000 acre-feet (AF) annual potable water demand which could have a significant impact on planned District -wide housing supplies within the MMWD service area. MMWD has identifed the need to obtain permanent new water supplies totalling between 10,000-14,000 AF. This range is due to the fact that certain water supplies may be reduced during drought and, therefore, a larger annual commitment may be necessary to guarantee a 10,000 AF supply. Of this 10,000 AF, 5,000 is needed to adequately serve existing development and 5,000 is needed to serve planned development identified in Citv and County General Plans. A Water Supplv Master Plan...." 21. Page 43 (Water): Modify the first paragraph on page 43 to clarify the existing situation as follows: Unless new water supplies are developed or the existing commitments noted above are forfeited, new development pro iects; on the MMWD waiting list cannot be supplied. However, in the 10 months since the waiting list was established, app_ roximately 50 applicants on the list have received hook-ups as minor existing commitments were forfeited. Additional water supplies may take several years to acquire and develop. Housing proiects are expected to be delayed by this constraint because of the moratorium on new hook-ups, Attachment A City Council Resolution Page 7 although limited opportunities exist at the present time to allow affordable housing prQjQcts under the District's set aside exemption of 100 AF for public service uses. To date, a 28 unit project in Larkspur utilizing 8.25 AF has qualified and has been granted a hook-up. To qualifv..." 22. Page 43 (Water): Add the following information on water conservation measures and City/MMWD coordination actions to the water supply discussion: "Existing water conservation measures which MMWD has implemented include: • a tiered rate structure to discourage high water usage; • requirements for low flow water fixtures in new homes; • landscape standards which limit turf areas to minor percentages of institutional, industrial, commercial and multi -family residential projects, including condominiums; and • recrQirements for automatic irrigation controls and low volume irrigation systems for all landscape areas. "Additionally, MMWD has allocated funds to improve and significantly expand its water reclamation facilities near the Las Gallinas Valley Sanitary District plant. New pipelines will provide potential for reclaimed water use in landscape areas throughout much of Terra Linda and Northgate East. The reclamation plant is anticipated to supe_ lv approximately 1000 AF of reclaimed water after 1994, an estimated increase of up to 950 AF in new supplies. "The Countv and all Marin cities and MMWD are currently_ participating in a Countywide Plan update. A March, 1990 report presented several countywide land use alternatives. The report noted that a land use plan which would stay within existing water supplies would need to reduce development potential within the MMWD service area by 85%. This amount of reduction is generally considered infeasible. San Rafael representatives are working closely with other Marin cities, the Countv and MMWD through this committee to come to countywide consensus on development issues{ including water supply issues. "Adopted Citv land use policies reEognize the need for additional water supplies and support MMWD in developing reliable, additional long term Attachment A City Council Resolution Page 8 supplies. Citv staff has analysed and commented on District Plans and water supply alternatives, and will continue to do so. "City Land Use Element policies and prQgrams also address water conservation and support reclaimed water use. On the Citv's part there has been an ongoing program to retrofit irrigation systems and install automatic irrigation controls in public parks and landscape areas to reduce water use. The Citv also uses MMWD water conserving_ landscaping standards in its review of new proiects." 23. Page 46 (Financing Costs): Add the following paragraph to the bottom of page 46 to provide additional analysis of the availability of financing: "In order to qualify for a mortgage loan, an applicant must be able to prove a degree of financial stabilitv. Generally, as the amount of mortgage increases( the more proof lending institutions require. In October, 1989, Marin Countv Planning staff interviewed representatives from a number of banks in Marin as well as community leaders to assess whether or not the requirements of lending institutions are an actual or potential constraint to the development of housing. It was found that mortgage loans and rehabilitation loans are generally available, and if there are mortgage deficient areas in the county_ , it is not due to discriminatory practices by mortgage lenders, but rather the financial capabilities of individuals. Households qualifving for mortgages are generally able to obtain them. In response to high housing costs, some lenders were providing mortgages of 95% of the value of the house in 1989, a significantly higher percentage than normally allowed (80%)." 24. Page 51 (Evaluation of Programs in the 1988 Housing Element): Add the following paragraph and table to page 51 immediately after the second paragraph to summarize the effectiveness of the current Housing Element from 1988-1990: Attachment A City Council Resolution Page 9 "Evaluation of Program Effectiveness in Meeting 1988 Housing Element Program Targets" 1985-1990 1985-1990 Housing Program Target Actual Comments Housing Conservation Programs H -n Rehabilitation Loans • Residential Rehab •Rental Rehab H -q Rental Housing Assistance • Section 8 • Project Independence • Rebate for Marin Renters H -r Acquisition Program H -s Energy Conservation • Home Weatherization New Mkt/BMR Hsng H -v New Housing Construction H -y Limited Equity Cooperatives H -z Mixed Use H -aa Accessible Units H -bb Subsidized Housing H -cc BMR Housing H-ee Second Units 30 32 Overestimated funding available 90 112 Exceeded target estimate 450Near 563 Exceeded target estimate 25/Year 15 Overestimated funding available 40/Year 9 Overestimated funding available 50 32 Overestimated target 75 170 Exceeded target estimate 900 753 147 units (16%) below 1987-1990 target 60 0 No projects proposed 30 0 Centertown project under construction 5% Unknown Tracking of accessible units needed 250 97 Limited State and Federal funding 60 145 Exceeded 1988-1990 target estimate 12 9 Overestimated 1988-1990 target "The current Housing Element has Renerally been successful in meeting its proPram tar -gets. Of the 753 rental and sales units completed between Tanuarv_ , 1987 and December, 1989, 251 (33%) have been low and/or moderate income units. Specific proiects include 98 units in McInnis Apartments, 4 units in Summerhill, 6 units in Channing Crest, 12 units in Peacock Ride, 3 units 285 Woodland and 13 units in Drakes Terrace." 25. Page 72 (ABAG Housing Needs Determinations): Revise the table on page 72 describing the proportion of housing needs expected to be met through Housing Element programs, as shown below, and include a paragraph describing the table: Attachment A City Council Resolution Page 10 "Proportion of San Rafael's 1988-1995 Housing Need Expected to be Met Through Housing Element Programs (1988-1995)" Very Low Income Units ABAG 1988-1995 Very Low Income Housing Need 587 Units Built or Approved 1988-1990 57 Estimated New Units 1990-1995 from Housing Programs 64 • Acquisition of Rental Housing (Program H -r) 25 • Subsidized Housing Programs (Program H -bb) 25 • Second Units (program H-ee) 14 Total Units During the 1988-1990 Time Period 121 Percent of 1988-1995 Need Anticipated to be Met by the City 21% Low Income Units ABAG 1988-1995 Low Income Housing Need 419 Units Built or Approved 1988-1990 96 Estimated New Units 1990-1995 from Housing Programs 139 • Acquisition of Rental Housing (Program H -r) 50 • Limited Equity Cooperatives (Program H -y) 25 • Subsidized Housing Programs (Program H -bb) 50 • Second Units (Program H-ee) 14 Total Units During the 1988-1990 Time Period 235 Percent of 1988-1995 Need Anticipated to be Met by the City 56% Moderate Income Units ABAG 1988-1995 Moderate Income Housing Need 559 Units Built or Approved 1988-1990 178 Estimated New Units 1990-1995 from Housing Programs 312 • Limited Equity Cooperatives (Program H -y) 25 • Mixed Use (Program H -z) 35 • Subsidized Housing Programs (Program H -bb) 25 • Affordable Housing Incentives (Program H -cc) 220 • Second Units (Program H-ee) 7 Total Units During the 1988-1990 Time Period 490 Percent of 1988-1995 Need Anticipated to be Met by the City 88% Attachment A Above Moderate Income Units ABAG 1988-1995 Above Moderate Income Housing Need Units Built 1988-1990 Estimated New Units 1990-1995 from Housing Programs • New Housing Construction (Program H -v) Total Units During the 1988-1990 Time Period Percent of 1988-1995 Need Anticipated to be Met by the City Total Units ABAG 1988-1995 Total Housing Need Total Units Built and BMR Units Approved 1988-1990 Estimated New Units 1990-1995 from Housing Programs Total Units During the 1988-1990 Time Period Percent of Need Anticipated to be Met by the City City Council Resolution Page 11 1,313 460 900 900 1360 104% 2,793 791 1,415 2,206 79% "The proportion of housing need at various income levels expected to be met through Housing Element programs, as shown in the table above, is based on an analysis of past program performance, construction trends, and future program funding availability Specific assumptions regarding each program are described in the Housing Prog_ ram section (pages 8-14), with the basis for that information included in the Evaluation of Programs in the 1988 Housing Element section (pages 51-69)." 26. Page 82 (Mobile Homes and Manufactured Housing): Add the following at the end of the paragraph on policy considerations under "Mobile Homes and Manufactured Housing" to incorporate new State law requirements: "City Zoning Ordinance (Chapter 14.14.010) requires an administrative permit for mobilehomes. This requirement must be eliminated to comply with the new provisions of Government Section 65852.4 which specifies that a locality may not subject an application to install a manufactured home on a foundation system on a sin5lle-family lot to any administrative permit, planning or development process or requirement unless it is identical to those which would be imposed on a conventional home on the same lot. This change will be implemented through the current Zoning Ordinance revision." 27. Pages 81 and 82 (New Section on Single Room Occupancy Units): Delete the double -underlined discussion from page 81 on single room occupancy units Attachment A City Council Resolution Page 12 and add the following as a new issue after item #10 on Mobile Homes and Manufactured Housing" on page 82: "11. Single Room Occupancy Units "Discussion: Single Room Occupancy (SRO) units provide 77 units in the Downtown and offer a specialized type of affordable housing. SRO units provide an alternative to more expensive apartments and larger units and can be a last resort for many before they become homeless. Units are located on Fourth and B Streets in the Wilkins Hotel (29 units), Marin Hotel (21 units) and the Carmel Hotel (27 units). "Policy Considerations: Protection of existing units and construction of new units are the primary policy issues related to SRO's. The following are specific policy considerations: a. The significant in -lieu fee requirement adopted in 1988 by the City to cover replacement costs of any unit proposed to be converted addresses the protection of the existing SRO units located Downtown. Implementation of the Unreinforced Masonry provisions should consider impacts on existing_ SRO's as well as other apartment units. b. The Downtown Plan, a high priority project expected to be underway in 1990, could further consider appropriate locations and specific programs to facilitate new SRO units."