HomeMy WebLinkAboutCD Opportunity Zone Renter Protections____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: March 1, 2021
Disposition: Passed Ordinance No. 1992 to print
Agenda Item No: 7.a
Meeting Date: March 1, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Paul Jensen (EG)
Director
City Manager Approval: ______________
TOPIC: OPPORTUNITY ZONE RENTER PROTECTIONS
SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY
COUNCIL ADDING CHAPTER 10.111 TO THE SAN RAFAEL MUNICIPAL CODE,
ENTITLED “RELOCATION ASSISTANCE IN OPPORTUNITY ZONES”
RECOMMENDATION:
Pass to print the attached Ordinance adding Chapter 10.111 to the San Rafael Municipal Code.
BACKGROUND:
As part of the U.S. Investing in Opportunities Act, tax incentives for long-term investment were created
in designated census tracts called Opportunity Zones (“OZs”). Investors can access these tax
incentives by investing capital gains through Opportunity Funds. Opportunity Funds are required to hold
90% of their assets in qualified OZ properties. The longer an investor keeps their money in the
Opportunity Fund investment, the larger the tax break they will receive.
Map 1. San Rafael Opportunity Zone- Census Tract 1122.01
San Rafael currently has one OZ (Census Tract 1122.01, Map 1) located in the Canal neighborhood.
OZ projects must conform to all zoning and entitlement designations and processes. For San Rafael’s
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
OZ, this includes properties zoned for: CCI/O (Core Canal Industrial/ Office), HRI (Multifamily
Residential and High Density), GC (General Commercial), and NC (Neighborhood Commercial).
There are currently 245 properties and 1,679 total housing units within the OZ boundary. According to
the latest Census data, 33.5% of households in the Census Tract fall below the federal poverty line. Of
the 1,679 housing units in the OZ, 139 units, or eight percent (8%), currently have below market rate
deed restrictions. In most cases, these restrictions would carry over to any new owner or development
of the property. For any new construction projects, these developments would be required to comply
with the City’s Inclusionary Housing requirements.
Table 1. Properties within San Rafael OZ Boundaries
Census tract 1122.01 is in the top 10% of Marin census tracts in terms of COVID-19 case rates and in
the top 10% in terms of housing instability. According to Marin Health and Human Services data,
census tract 1122.01 has a 15.35% positivity rate, compared to a 3% positivity rate Countywide. The
2018 U.S. Census American Community Survey shows that in this census tract more than 25% of
renters live in overcrowded housing, while only 5% of renter households Countywide are considered
overcrowded. Overcrowded households are more likely to include individuals who are essential workers
who cannot perform their jobs remotely, increasing the likelihood of COVID-19 exposure. High
overcrowding rates also indicate that additional income streams are required to sustain a household’s
rental costs, putting them at greater risk of housing instability should income be reduced. The California
Healthy Places Index further ranks this census tract in the bottom tenth percentile statewide in terms of
the percentage of low-income renters who pay more than 50% of their income on housing costs.
Additionally, the California Fair Housing Task Force has identified that this census tract is at risk of
further segregation and concentration of poverty.
On October 5, 2020, the City Council conducted a Study Session regarding Opportunity Zones and
Eviction Assistance. During this Study Session, City Council directed staff to prioritize work on potential
renter relocation assistance for renters within the Opportunity Zone.
On November 2, 2020, the City Council considered an informational report to further discuss the
potential impacts of increases to renter relocation assistance for the OZ. As part of this informational
report, Staff presented a recommendation to return with a draft ordinance amending the San Rafael
Municipal Code (SRMC) by adding Chapter 10.111 which would expand renter protections for
displaced households in the Opportunity Zone. The City Council unanimously approved accepting this
report with staff’s recommendation.
On November 17, 2020, this informational report with updated City Council action was presented to the
Planning Commission. The Planning Commission unanimously approved this staff report with staff’s
recommendation.
ANALYSIS:
Properties Units
Average Units/
Property
Single Family Homes 140 140 1
Condominiums 10 149 15
Apartment Buildings 82 1,387*17
Non-Residential 13 --
Total 245 1,679
*139 Units have deed restricted below market rate protections
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The proposed amendments to the SRMC would add Chapter 10.111 entitled, “Relocation Assistance in
the Opportunity Zone.” These proposed amendments would increase the relocation assistance for
qualifying households within the Opportunity Zone census tract area.
A household within the Opportunity Zone would be eligible for relocation assistance if the household will
be displaced as a result of a “no-fault” eviction. “No fault” evictions are defined in SRMC Chapter
10.105 and include evictions where:
• Landlord will Permanently Remove Unit from Rental Market;
• Landlord will move in to Dwelling Unit;
• Substantial Rehabilitation for Health and Safety; and,
• Tenant’s Refusal to Execute Lease.
Table 1. Proposed Renter Relocation Assistance for Opportunity Zone
For qualifying households, renter relocation assistance would include the following four payments that a
household may qualify for (Table 1):
1. Base Payment: ~$7,500 to $16,400 for all households covered by the ordinance. The specific
payment amount would be based upon unit size and include payments for the first month’s rent,
the security deposit (equal to two months’ rent), and moving expenses. Under the proposed
amendments, rent would be defined as the higher of the leased rent or the annual HUD defined
Fair Market Rent.
2. Temporary Housing: $150 per diem to households who are displaced before the end of the
month. This payment would be intended to cover temporary housing costs related to a partial
month move;
3. Supplemental Payment: tenant households would be eligible for one supplemental payment of
~$2,350 to $4,900 if the household meets certain characteristics including: a household with
Studio 1-Bedroom 2-Bedroom 3-Bedroom 4-Bedroom
Base Relocation Payment (All Renters)*
First Month Rent (2021 Fair Market Rent)2,350$ 2,923$ 3,553$ 4,567$ 4,970$
Security Deposit (2x Fair Market Rent)4,700$ 5,846$ 7,106$ 9,134$ 9,940$
Estimated Moving Expenses 500$ 500$ 750$ 1,000$ 1,500$
Minimum Total Renter Relocation Payment 7,550$ 9,269$ 11,409$ 14,701$ 16,410$
Supplemental Relocation Payments (paid in addition to Base Relocation Payments)
Temporary Housing
$150 per diem, prorated by night until 1st of next month -$ -$ -$ -$ -$
Household Charecteristics
Provided if household meets one of the below criteria:2,350$ 2,923$ 3,553$ 4,567$ 4,970$
1) Household with children
2) Household with individual 65 years or older
3) Household with individuals with disability
Estimated Maximum Renter Relocation Payment 9,900$ 12,192$ 14,962$ 19,268$ 21,380$
Studio 1-Bedroom 2-Bedroom 3-Bedroom 4-Bedroom
Administrative Fee
1-10 Units- 10%755$ 927$ 1,141$ 1,470$ 1,641$
11-20 Units- 15%1,133$ 1,390$ 1,711$ 2,205$ 2,462$
21+ Units- 20%1,510$ 1,854$ 2,282$ 2,940$ 3,282$
Payments to Renters (per unit)
Payments to City of San Rafael (per unit)**
* Base Relocation will be calculated using the higher amount between current Fair Market Rent or Leased Rent.
**Note: Current payment to the City of San Rafael are based on base payment amount for illustration. Actual payments to the City of San Rafael
would be based on actual Renter Relocation Payment.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
children, a household with an individual over 65 years old, a household with an individual with a
disability*;
4. Administrative Fee: ~$755 to $4,200 per unit depending on unit and property size, paid to the
City. These funds would be used to cover costs associated with hiring a third party to provide
legal assistance and rehousing services for displaced tenants.
* The ordinance places the burden of proof on the tenant household to establish they meet the criteria
for eligibility for a supplemental payment.
Relationship with Other State and Local Laws
There are various State and local laws which confer upon tenants the right to relocation assistance
upon eviction. The proposed ordinance would provide additional relocation assistance protections
beyond those already established by law. The interplay between these laws is discussed below.
• Ellis Act. The Ellis Act preempts conflicting local ordinances and permits a landlord, subject to
certain restrictions, to evict tenants in order to go out of the rental business. The Ellis Act
confers on cities the authority to require that relocation assistance be provided to evicted
tenants in order to mitigate adverse impacts of displacement. (Gov. Code § 7060.1(c).) The
proposed ordinance is consistent with the Ellis Act because it seeks to ameliorate adverse
impacts of displacement.
• Assembly Bill (AB) 1482. AB 1482 establishes statewide rent control and prohibits evictions of
many residential tenants by limiting lawful evictions to “just cause evictions.” (Gov. Code §
1946.2 et seq.) AB 1482 also requires landlords to provide relocation assistance in the amount
of one month’s rent for no-fault evictions (no fault evictions include evictions stemming from
removal of a unit from the rental market, substantial rehabilitation, or owner move-in.)
AB 1482 allows local jurisdictions to adopt ordinances which are more protective than AB 1482;
“more protective” specifically includes local ordinances that provide for higher relocation
assistance amounts. (Gov. Code § 1946.2(g)(1)(B)). Because the proposed ordinance
provides for higher relocation assistance than AB 1482’s one month relocation assistance, it is
specifically authorized and not preempted by AB 1482.
AB 1482 also provides that “the relocation assistance or rent waiver required by [AB 1482] shall
be credited against any other relocation assistance required by any other law.” This means that
if a local ordinance, such as the one proposed, provides for higher relocation assistance
amounts, a tenant would not also be entitled to AB 1482’s one month’s relocation assistance;
instead that one month would be credited to the higher payment amount authorized by local
ordinance, and the remaining provisions of AB 1482 would remain in effect.
• SRMC §14.16.279. SRMC Section 14.16.279 requires relocation assistance be paid to tenants
who are evicted due to rehabilitation of a dwelling unit. The relocation assistance amount is
equal to the sum of two months’ rent. SRMC Section 14.16.279 is consistent with AB 1482
because it provides for higher relocation assistance than AB 1482’s one month’s relocation
assistance.
The proposed ordinance provides that if a tenant is eligible for relocation assistance under the
ordinance, they are ineligible for relocation assistance under SRMC Section 14.16.279. This
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
means that if a tenant in Census Tract 1122.01 is evicted due to rehabilitation of their dwelling
unit, they are only entitled to relocation assistance pursuant to the proposed ordinance and
would not also be eligible for an additional two months’ relocation assistance under SRMC
Section 14.16.279.
ENVIRONMENTAL DETERMINATION:
This project qualifies for exemption from the provisions of the California Environmental Quality Act
Guidelines pursuant to Sections 15183(a) because it entails a project that can be found consistent with
the General Plan policies and pursuant to 15061(b)(3), which states that as a ‘general rule’ the
California Environmental Quality Act (CEQA) applies only to projects which have the potential to cause
a significant, physical environmental effect, which this ordinance does not.
COMMUNITY OUTREACH:
The Background section of this staff report notes the prior public meetings on this topic. In addition,
notice of hearing for the project was conducted in accordance with noticing requirements contained in
Chapter 14.29 of the San Rafael Municipal Code. A Notice of Public Hearing was mailed to
neighborhood associations and neighborhood advocates, housing advocates, local developers and
other stakeholders at least 15 days prior to meeting. In addition, notice of the meeting was published in
the Marin IJ.
FISCAL IMPACT:
There is no direct fiscal impact to the City for adopting this ordinance. In the event of a renter relocation
assistance payment under Chapter 10.111, the landlord would be required to pay the City an
administrative fee equal to between 10% to 20% of the renter relocation assistance payment to the
Tenant. As discussed earlier, these funds would be used to cover costs associated with implementation
of the program including hiring a third party to provide administration services on behalf of the City.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Pass the ordinance to print.
2. Act on the ordinance with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Pass to print the attached Ordinance adding Chapter 10.111 to the San Rafael Municipal Code.
ATTACHMENTS:
1) Ordinance Adding Chapter 10.111 to the San Rafael Municipal Code, Entitled “Relocation
Assistance In Opportunity Zones”
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ORDINANCE NO. 1992
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL ADDING
CHAPTER 10.111 TO THE SAN RAFAEL MUNICIPAL CODE, ENTITLED
“RELOCATION ASSISTANCE IN OPPORTUNITY ZONES”
Section 1. Findings.
WHEREAS, the Marin Housing Authority estimates there is a shortage of 9,465
affordable rental homes to accommodate low-income renters in Marin County; and
WHEREAS, the Marin Housing Authority estimates that rents in Marin County
have been steadily increasing since 2009; and
WHEREAS, increasing rents combined with a housing shortage places
substantial pressure on residents of the City of San Rafael who rent housing; and
WHEREAS, there are 23,929 i residential units in San Rafael. Of those,
approximately forty-eight percent (48%) are owner occupied and fifty percent (50%) are
renter occupied; and
WHEREAS, a portion of San Rafael is located in U.S. Census Tract 1122.01,
which is the sole U.S. Census Tract designated a “Qualified Opportunity Zone” by the
2017 Tax Cuts and Jobs Act (the “Act”), within Marin County; and
WHEREAS, in San Rafael’s Qualified Opportunity Zone, there are approximately
1,813 ii residential units. Of those, eight percent (8%) are owner occupied and ninety-
two percent (92%) are tenant occupied; and
WHEREAS, the estimated median gross monthly income of residents living in
Census Tract 1121.01 is $3,533iii; and
WHEREAS, Census Tract 1122.01 has been identified as a High Segregation
and Poverty opportunity category (https://belonging.berkeley.edu/2021-tcac-opportunity-
map); and
WHEREAS, the Healthy Places Index (HPI), developed by the Public Health
Alliance of Southern California, tracks 25 separate indicators of community health and
wellbeing, including five indicators related to housing; and
WHEREAS, according to the HPI, Census Tract 1122.01 is in the bottom 10th
percentile of census tracts statewide in terms of renters who spend more than 50% of
their income on housing costs, while the City of San Rafael as a whole is in the 29th
percentile; and
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WHEREAS, Qualified Opportunity Zones are designed to spur economic
development in distressed communities throughout the country and U.S. possessions
by providing tax benefits to investors who invest eligible capital into opportunity zones;
and
WHEREAS, in order for taxpayers to defer tax on eligible capital gains under the
Act, taxpayers must own and substantially improve property in a Qualified Opportunity
Zone; and
WHEREAS, sale of residential properties in San Rafael’s Qualified Opportunity
Zone and substantial improvements to said properties are likely to result in
displacement of residential tenants in the Canal neighborhood due to no fault
terminations; and
WHEREAS, the residents living in San Rafael’s Qualified Opportunity Zone
therefore face a high risk of displacement which displacement could have severe health,
safety and economic impacts on these residents; and
WHEREAS, tenants who do not have adequate funds to move and who are
forced to move pursuant to a no-fault eviction notice face displacement and great
hardship; and
WHEREAS, tenants who find acceptable new housing commonly find
themselves required to pay substantial costs related to new housing including, but not
limited to, move-in costs to a new home, moving costs, new utility hook-ups, payments
for temporary housing, lost work time seeking housing, and increased rent; and
WHEREAS, tenants who find acceptable new housing commonly find
themselves required to pay substantial move-in costs of first and last month’s rent plus
a security deposit equal to one month’s rent; and
WHEREAS, tenants evicted in San Rafael are forced to incur substantial costs
related to new housing including, but not limited to, move-in costs to a new home,
moving costs, new utility hook-ups, payments for temporary housing, and lost work time
seeking housing;
WHEREAS, mothers who are evicted experience higher levels of material
hardship and parenting stress and are more likely to suffer from depression and to
report their health and that of their children as being poor, and the impacts of eviction
can endure for years with research showing in some families at least two years after
their eviction mothers experienced significantly higher rates of material hardship and
depression than their peersiv; and
WHEREAS, evictions of long-term residents can lead to significant decreased
credit scores for individuals ages 65 years or older compared to their counterparts who
are able to stay, with an average credit score 14.6 points lowerv; and
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WHEREAS, by 2035, the number of older households with a disability nationwide
will increase by 76 percent to reach 31.2 million, placing tremendous pressure on the
supply of ADA-compliant rental housing, making it increasingly difficult for renters with
disabilities to find suitable housing after a no-fault evictionvi; and
WHEREAS, numerous California jurisdictions have recognized the impacts of
these no-fault evictions are particularly significant on elderly, disabled, and low-income
tenants and tenants with minor children, justifying additional payments for households
with these tenants; and
WHEREAS, this action is exempt from the California Environmental Quality Act
("CEQA") pursuant to, but not limited to, the following CEQA Guidelines: § 15061 (b)(3)
(no significant environmental impact), and § 15183 (consistent with the general plan and
zoning); and
WHEREAS, this Ordinance is expressly authorized by State law because the
Ordinance provides for higher relocation assistance amounts than section 1946.2 of the
California Civil Code, which was adopted pursuant to the Tenant Protection Act of 2019
and is therefore more protective than the Act, and because this Ordinance provides
tenant protections that are neither prohibited by nor established by other provisions of
applicable law;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Section 2: Addition of Chapter 10.111 to the San Rafael Municipal Code.
Title 10 of the San Rafael Municipal Code, entitled “Businesses, Professions,
Occupations, Industries and Trades” is hereby amended by adding a new Chapter,
10.111 entitled “Relocation Assistance in Opportunity Zones” to read in its entirety as
follows:
10.111.010 Purpose and Intent
It is the purpose and intent of this chapter to help mitigate the adverse health, safety
and economic impacts experienced by residents of rental housing who are displaced
from their residences due to no fault terminations of their tenancies. This chapter
requires a property owner to mitigate the impact on these residents by providing
relocation assistance benefits to residents located within U.S. Census Tract 1122.01,
which has been designated a “Qualified Opportunity Zone” by the 2017 Tax Cuts and
Jobs Act.
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10.111.020. Definitions
For purposes of this chapter, unless the context clearly requires a different meaning, the
words, terms, and phrases set forth in this section shall either have the meanings set
forth in section 10.105.030 of this Code, or below, as applicable:
A. “Disabled” means a person with a disability, as defined in Section 12955.3 of
the Government Code.
B. “Elderly” means a person sixty-two (62) years or older.
C. “Lease” means any contract between a tenant household and a landlord or
property owner for a specified time, in return for a periodic payment.
D. “Minor child(ren)” means a person(s) who is eighteen (18) years or younger at
the time the Notice of Relocation Assistance is provided to the tenant
household.
E. “No fault termination” shall have the meaning set forth in section
10.105.040(C) of this Code.
F. “Relocation assistance” means the payment issued to a tenant household
which household will be evicted from a dwelling unit pursuant to a “no fault
termination.”
G. “Tenancy” means the use or occupancy of a dwelling unit by a tenant.
10.111.030 Eligibility for Relocation Assistance
A. A tenant household shall be eligible for Relocation Assistance pursuant to this
Chapter if:
(1) The tenant household has continually occupied a dwelling unit for a period
of thirty (30) days or more; and
(2) The tenant household occupies a dwelling unit located within U.S. Census
Tract 1122.01, and shown in the shaded areas of Map 10.111.030.
Map 10.111.030
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B. A tenant household shall not be eligible to receive relocation assistance pursuant
to this Chapter if the tenant household is subject to a “for cause termination” pursuant to
subsection (B) of section 10.105.040 of this Code.
C. A tenant household that is eligible to receive relocation assistance pursuant to
this Chapter shall not be eligible to receive relocation assistance pursuant to the
provisions of section 14.16.279 of this Code.
10.111.040 Requirement to Provide Relocation Assistance
If the termination of a tenancy subject to this Chapter qualifies as a “no fault termination”
pursuant to subsection (C) of section 10.105.040 of this Code, the landlord of the
dwelling unit subject to the no fault termination shall, regardless of the tenant
household’s income, provide relocation assistance in accordance with the provisions of
this Chapter.
10.111.050 Relocation Assistance Calculation and Procedures
Relocation assistance shall be subject to the following:
A. Calculation of Relocation Assistance
A tenant household that is eligible to receive relocation assistance pursuant to this
Chapter shall be entitled to a relocation assistance payment equal to the sum of the
following:
(1) First and Last Month’s Rent. Payment for first and last month’s rent shall
be equal to two times the greater of (1) the rent established by a lease between the
landlord and the tenant household, or (2) the current Fair Market Rent published
annually by the U.S. Department of Housing and Urban Development for the San
Francisco, CA HUD Metro FMR Area, corresponding to the number of bedrooms in the
subject dwelling unit; and
(2) Security Deposit. Payment for a security deposit shall be established by
City Council Resolution and based upon the number of bedrooms in the property; and
(3) Moving Expenses. Payment for moving expenses shall be established by
City Council Resolution and based on the number of bedrooms in the property; and
(4) Per Diem. A per diem payment for each day remaining in the calendar
month in which the tenancy is terminated. The per diem amount shall be established by
City Council Resolution, to compensate for costs such as short-term rental
accommodations, meals, and other related costs, and based upon tenant household
size; and
(5) Supplemental Payments. Tenant households that qualify for the
Supplemental Payment Categories set forth in this subsection shall receive up to one
supplemental payment. Supplemental payments shall be equal to one month’s rent
calculated using the greater of (1) the monthly rent established by a lease between the
landlord and the tenant household; or (2) the current Fair Market Rent published
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annually by the U.S. Department of Housing and Urban Development for the San
Francisco, CA HUD Metro FMR Area, corresponding to the number of bedrooms in the
subject dwelling unit.
Supplemental Payment Categories include:
a. Tenant households with Minor Child(ren). Households with at least
one minor child(ren).
b. Tenant households with Elderly Individual. Households with at least
one elderly individual.
c. Tenant households with Disabled Individual. Households with at
least one disabled individual.
B. Notice of Relocation Assistance
(1) Not less than sixty (60) days before a tenancy is terminated pursuant to
subsection (C) of section 10.105.040, the landlord shall provide a Notice of Relocation
Assistance to the tenant household whose tenancy will be terminated.
(2) The Notice of Relocation Assistance may be provided along with or
incorporated within the Notice of Termination required pursuant to section 10.105.050.
(3) The Notice of Relocation Assistance shall be in the same language and/or
dialect as the rental agreement was negotiated.
(4) The Notice of Relocation Assistance shall contain the following:
a. the amount of the relocation assistance payment itemized in the
manner set forth in subsections (1) through (4) of subsection (A) of section
10.111.050 regarding calculation of relocation assistance;
b. a statement informing the tenant household that it may submit
evidence of eligibility for a Supplemental Payment pursuant to subsection (5) of
subsection (A) of section 10.111.050 of this Code within twenty-one (21) days of
receipt of the Notice of Relocation Assistance.
c. the date by which the relocation assistance payment will be
delivered to the tenant household; and
d. a copy of San Rafael Municipal Code Chapter 10.111.
C. Certification of Relocation Assistance and Administrative Fee
Within ten (10) days of issuance of a Notice of Relocation Assistance pursuant to
subsection (B) of section 10.111.050 of this Chapter, the landlord shall submit to the
City’s Community Development Department, a completed Certification of Relocation
Assistance on a form approved by the City along with an administrative fee in an
amount set forth by separate resolution of the City Council, which fee shall offset the
costs in administering this Chapter.
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The Certification of Relocation Assistance shall include the following information:
(1) The address of each dwelling unit in the rental property that is subject to
the no-fault termination;
(2) The monthly rent for each of those dwelling units; and
(3) The name of every person the landlord considers to be a resident under
an oral lease, written lease, or other rental agreement.
D. Payment of Relocation Assistance
(1) Not less than thirty (30) days before the final date of the terminated
tenancy, the landlord shall deliver, via certified mail or personal service, to the address
of the terminated tenancy, the relocation assistance required by this Chapter.
(2) The relocation assistance payment shall be equal to the sum of the
amounts required by subsections (1) through (4) of subsection (A) of section
10.111.050, and shall include the amount set forth in subsection (5) of subsection (A) of
section 10.111.050 if the tenant household has provided timely evidence of eligibility for
a supplemental payment. The owner must keep all such evidence and documents
submitted by the tenant household confidential.
(3) Relocation assistance shall be paid per tenant household, not per tenant.
(4) Relocation assistance shall be paid via check or cashier’s check made out
to the person(s) who are named on the lease for the terminated tenancy.
E. Verification of Payment of Relocation Assistance.
Before issuance of demolition permits, building permits or other City permits and/or
entitlements that would result in No Fault Termination subject to Chapter 10.105 of this
Code, the City must receive verification from the landlord of the property seeking said
permits and/or entitlements that all relocation assistance required pursuant to this
Chapter has been paid. This verification shall be submitted in a form approved by the
Community Development Department.
10.111.060 Notices.
Whenever any notice or other communication is required by this Chapter to be served
on, provided, given or delivered to, or filed with, any person, that notice or
communication may be communicated by personal delivery, certified mail, first class
mail, e-mail, or any other similar method that will provide a written record of the notice
or communication.
10.111.080 Failure to Comply – Private Right of Action.
Any attempt to recover possession of a rental unit in violation of this Chapter shall
render a landlord liable to the tenant for damages permitted by law in a civil action for
wrongful eviction. A tenant may also seek injunctive relief and money damages for
wrongful eviction and/or failure to pay relocation assistance, including failure to pay a
supplemental payment where the tenant household has timely submitted evidence of
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eligibility for a supplemental payment pursuant to subsection (5) of subsection (A) of
section 10.111.050 of this Code. The prevailing party in an action for wrongful eviction
shall recover costs and reasonable attorneys’ fees.
10.111.090 Expiration on Termination of Federal Opportunity Zone Designation
This Chapter is intended to provide assistance to renters experiencing higher risks of
displacement and renters affected by the Opportunity Zone designation authorized by
the 2017 Tax Cuts and Jobs Act. At such time as the Opportunity Zone designation is
lifted from Census Tract 1122.01 or the Act is amended so as to not provide its stated
tax benefits to investments within Census Tract 1122.01, the provisions of this Chapter
shall expire and become null and void. The City Council shall repeal this Chapter
should it expire by the terms of this section.
Section 3. Severability. If any section, subsection, phrase or clause of this
ordinance is for any reason held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrase or clauses be
declared unconstitutional on their face or as applied.
Section 4. Compliance with CEQA. The City Council hereby finds that the action to
adopt this Ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, because
it can be seen with certainty that there is no possibility the adoption of this Ordinance
may have a significant effect on the environment, and pursuant to CEQA Guidelines
section 15183 (consistent with the general plan and zoning).
Section 5. Publication; Effective Date. A summary of this Ordinance shall be
published and a certified copy of the full text of this Ordinance shall be posted in the
office of the City Clerk at least five (5) days prior to the Council meeting at which it is
adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage,
and the summary of this Ordinance shall be published within fifteen (15) days after the
adoption, together with the names of the Councilmembers voting for or against same, in
the Marin Independent Journal, a newspaper of general circulation published and
circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of
those Councilmembers voting for and against the Ordinance.
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_______________________________
Kate Colin, Mayor
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1992 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on Monday, the 1st day of March 2021, and was
ordered passed to print by the following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular
Meeting of the Council to be held on the 15th day of March, 2021.
LINDSAY LARA, City Clerk
i Total Housing Units (+/-235 Margin of Error)(Occupied - +/-542 Margin of Error)
ii Total Housing Units (+/-117 Margin of Error)
iii ACS 2018 5-year
iv Desmond, Matthew & Kimbro, Rachel. (2015). Eviction's Fallout: Housing, Hardship, and Health. Social Forces.
94. 10.1093/sf/sov044.
v Ding, L., & Hwang, J. (2016). The Consequences of Gentrification: A Focus on Residents' Financial Health in
Philadelphia. Cityscape, 18(3), 27-56.
vi Joint Center for Housing Studies of Harvard University. (2016). Projections and Implications for Housing a
Growing Population: Older Households 2015-2035. https://www.jchs.harvard.edu//research-
areas/reports/projections-and-implications-housing-growing-population-older-households-2015
CITY OF SAN RAFAEL
1400 FIFTH AVENUE
CITY CLERK, ROOM 209
SAN RAFAEL, CA 94901
Marin Independent Journal
4000 Civic Center Drive, Suite 301
San Rafael, CA 94903
415-382-7335
legals@marinij.com
Account Number:
Ad Order Number:
Customer's Reference
/ PO Number:
PUBLIC HEARING- ONLINE PUB DATE 2/14/2021
2070419
0006553202
Publication Dates:
Publication:Marin Independent Journal
02/14/2021
Amount:$158.24
r.BP7-11/10/16 1
Invoice Text:CITY OF SAN RAFAEL
NOTICE OF ONLINE PUBLIC HEARING
You are invited to attend an online City Council hearing on the following project:
DATE/TIME/PLACE: Monday, March 1, 2021
at 7:00 P.M .
COVID-19 ADVISORY NOTICE: Consistent with Executive Orders No.-25-20 and No. N-29-20 from the Executive
Department of the State of California and the Marin County March 16, 2020 Shelter in Place Order, the San Rafael City
Council hearing WILL NOT be physically open to the public and the meeting will be streamed live to YouTube at:
www.youtube.com/cityofsanrafael. Instructions on how to participate online, will be available on the YouTube channel.
PROJECT:
The City Council will consider amendments to San Rafael Municipal Code (SRMC) Title 10. These potential amendments
would add a new code section that would introduce requirements for renter relocation assistance for households
displaced as a result of a no-fault eviction within the federally designated Opportunity Zone in the Canal Neighborhood of
San Rafael (US Census Tract 1122.01). These amendments are the result of community feedback including informational
reports preTsented to the City Council on November 2, 2020 and the Planning Commission November17, 2020. Staff was
directed to draft proposed code amendments to address this relocation assistance and return to the City Council for
review and action on the amendments; File No.: P21-004
State law (California Environmental Quality Act) requires that this project be reviewed to determine if a study of potential
environmental effects is required. This project qualifies for exemption from the provisions of the California Environmental
Quality Act Guidelines pursuant to Section 15061(b)(3), which states that as a 'general rule' the California Environmental
Quality Act (CEQA) applies only to projects which have the potential to cause a significant, physical environmental effects.
WHAT WILL HAPPEN:
You can comment on the project. City Staff will present the proposed SRMC Amendments to the City Council. The City
Council will conduct a public hearing to allow for public comments and may take action to approve, deny, or continue a
decision on the proposed SRMC Amendments.
IF YOU CANNOT ATTEND:
You can send written correspondence by email to the address below, or by mail/hand delivery to the Office of the City
Clerk, City of San Rafael, 1400 5th Avenue, San Rafael, CA 94901 (Drop box located outside city hall entry doors on
Mission Ave side).
FOR MORE INFORMATION:
Contact Ethan Guy, Principal Analyst at
Ethan.guy@cityofsanrafael.org. Please note that City offices are currently closed to public walk-in, but you may contact
staff for more information. You may also view the staff report after 5:00 p.m. on the Friday before the meeting at
http://www.cityofsanrafael.org/meetings.
SAN RAFAEL CITY COUNCIL
/s/ Lindsay Lara
Lindsay Lara
CITY CLERK
Feb. 14, 2021
r.BP7-11/10/16 2
Legal No.
Marin Independent Journal
4000 Civic Center Drive, Suite 301
San Rafael, CA 94903
415-382-7335
legals@marinij.com
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years, and
not a party to or interested in the above matter. I am the
principal clerk of the printer of the MARIN INDEPENDENT
JOURNAL, a newspaper of general circulation, printed and
published daily in the County of Marin, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955,
CASE NUMBER 25566; that the notice, of which the
annexed is a printed copy (set in type not smaller than
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement
thereof on the following dates, to-wit:
02/14/2021
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
Dated this 15th day of February, 2021.
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
Signature
PROOF OF PUBLICATION
0006553202
2070419
CITY OF SAN RAFAEL
1400 FIFTH AVENUE
CITY CLERK, ROOM 209
SAN RAFAEL, CA 94901
r.BP7-11/10/16 1
CITY OF SAN RAFAEL
NOTICE OF ONLINE PUBLIC HEARING
You are invited to attend an online City Council
hearing on the following project:
DATE/TIME/PLACE: Monday, March 1, 2021
at7:00 P,M.
COVID-19 ADVISORY NOTICE: Consistent with
Executive Orders No.-25-20 and No. N-29-20
from the Executive Department of the State of
California and the Marin County March 16, 2020
Shelter in Place Order, the San Rafael City
Council hearing WILL NOT be physically open
to the public and the meeting will be streamed
live to YouTube at:
www.youtube.com/cityofsanrafael . Instruc-
tions on how to participate online, will be
available on the YouTube channel.
PROJECT:
The City Council wil I consider amendments to
San Rafael Municipal Code (SRMC) Title 10.
These potential amendments would add a new
code section that would introduce require-
ments for renter relocation assistance for
households displaced as a result of a no-fault
eviction within the federally designated Op-
portunity Zone in the Canal Neighborhood of
San Rafael (US Census Tract 1122.01). These
amendments are the result of community
feedback includin~ informational reports
preTsented to the City Council on November 2,
2020 and the Planning Commission
Novemberl 7, 2020. Staff was directed to draft
proposed code amendments to address this
relocation assistance and return to the City
Council for review and action on the amend-
ments; File No.: P21-004
State law (California Environmental Quality
Act) requires that this project be reviewed to
determine if a study of potential environmen-
tal effects is required. This project qualifies for
exemption from the provisions of the Califor-
nia Environmental Quality Act Guidelines pur-
suant to Section 15061(b)(3), which states that
as a 'general rule' the California Environmental
Quality Act (CEQA) applies only to projects
which have the potential to cause a signifi-
cant, physical environmental effects.
WHAT WILL HAPPEN :
You can comment on the project. City Staff will
present the proposed SRMC Amendments to
the City Council. The City Council will conduct
a public hearing to allow for public comments
and may take action to approve, deny, or con-
tinue a decision on the proposed SRMC
Amendments.
IF YOU CANNOT ATTEND:
You can send written correspondence by email
to the address below, or by mail/hand delivery
to the Office of the City Clerk, City of San Ra-
fael, 1400 5th Avenue, San Rafael, CA 94901
(Drop box located outside city hall entry doors
on Mission Ave side).
FOR MORE INFORMATION:
Contact Ethan Guy Principal Analyst at
Ethan ._g_LJ_y_@_c:i!yot'sanrafael.org_. Please note
that City offices are currently closed to public
walk-in, but you may contact staff for more in-
formation. You may also view the staff report
after 5:00 p.m. on the Friday before the meet-
ing atJ}lli>://www.cityofsanrafael.org/meeting
L
SAN RAFAEL CITY COUNCIL
/s/ Lindsay Lara
Lindsay Lara
CITY CLERK
Feb . 14, 2021
