HomeMy WebLinkAbout2023-31 Housing Element Group 2022-01-20 Agenda Packet
AGENDA
2023-2031 SAN RAFAEL HOUSING ELEMENT UPDATE
WORKING GROUP
THURSDAY, January 20, 2022, 4:00 - 6:00 PM
https://tinyurl.com/2p8phx96 (PUBLIC)
Telephone: (669) 900-9128
Meeting ID: 831-8705-1906#
One Tap Mobile: US: +16699009128,,83187051906#
Member Log-In Information Provided Via Email
1. WELCOME
2. RECORDING OF MEMBERS PRESENT AND ABSENT
3. ACCEPTANCE OF PRIOR MEETING SUMMARIES
A. Summary of December 14 “Meet and Greet”
4. PUBLIC COMMENT OPPORTUNITY # 1
5. DISCUSSION ITEMS
A. Primer on Goals, Policies, Objectives, and Programs. Staff will provide a short overview of the
distinction between goals, policies, programs, and objectives, and how these terms are used in the
current (2015-2023) Housing Element. Recommended time allowance: 10 minutes
B. Opening Ice-Breaker: What’s Working and What’s Not? We will ask each member of the
Working Group to identify one program in the current Housing Element that they feel is working well
and one program they feel is not working, and why. Questions/discussion will follow.
Recommended time allowance: 30 minutes
C. New Housing Goals for San Rafael. The Group will participate in a conversation/exercise
intended to define San Rafael’s new housing goals for the next eight years. The goals should be
broad, aspirational statements addressing a wide range of housing issues. Staff will provide initial
guidance for this exercise and facilitate the conversation, while Working Group members are invited
to brainstorm about possible goals. Recommended time allowance: 60 minutes
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference without complying with the procedural
requirements of Government Code section 54953(b)(3). This meeting will be held virtually using Zoom. The public may
participate as follows:
* Submit public comments in writing. Correspondence received by 5:00 p.m. on January 19 will be provided to the Working
Group. Correspondence received after this deadline but by 3:00 p.m. on January 20 will be conveyed as a supplement. Send
correspondence to barry.miller@cityofsanrafael.org and city.clerk@cityofsanrafael.org.
* Join the Zoom webinar and use the 'raise hand' feature to provide verbal public comment, or dial -in to Zoom's telephone
number using the meeting ID and provide verbal public comment. At the January 20 meeting, public comment will be taken at
the beginning of the meeting and also at end of the meeting.
Any member of the public who needs accommodations should contact the City Clerk (email city.clerk@cityofsanrafael.org or
phone at 415-485-3066). The City will make its best efforts to provide reasonable accommodations to provide as much
accessibility as possible while also maintaining public safety in accordance with City procedures.
6. MEMBER AND STAFF ANNOUNCEMENTS
A. Housing Survey – Staff will provide an update on a soon-to-be-launched Housing Survey.
Recommended time allowance: 5 minutes
B. 2022 Meeting Dates and Topics – We will review the meeting schedule for the Working Group.
Recommended time allowance: 5 minutes
C. Other Member and Staff Announcements
7. PUBLIC COMMENT OPPORTUNITY #2
8. ADJOURNMENT
I, Alexis Captanian, hereby certify that on Friday, January 14, 2022, I posted a notice of the January 20
Housing Element Working Group meeting on the City of San Rafael Agenda Board.
San Rafael 2023-2031 Housing Element Working Group
Orientation / Meet and Greet Meeting
December 14, 2021
MEETING SUMMARY
Attendance
Members Present: Omar Carrera, Don Dickenson, Linda Jackson, Lorenzo Jones, Cesar Lagleva, Amy
Likover, Diana Lopez, Rina Lopez, Tom Monahan, Jon Previtali, Daniel Rhine, Joanne
Webster
Members Absent: Andrew Hening (excused)
Staff Present: Alexis Captanian, Alicia Giudice, Barry Miller, Jacob Noonan
(1/2) WELCOME/ RECORDING OF MEMBERS PRESENT AND ABSENT
The meeting was called to order at 4.30 PM. Roll call was taken.
(3) ACCEPTANCE OF PRIOR MEETING SUMMARIES
There were no prior meeting summaries to accept.
(4) DISCUSSION ITEMS
A. Member Introductions
Community Development Director Giudice welcomed attendees and thanked the members for their willingness to
serve on the Housing Element Working Group. The Housing Element team (Noonan, Miller, Captanian)
introduced themselves to the group. Each member of the Working Group then took 2-3 minutes to introduce
themselves and express why housing issues were important to them.
B. Overview of the Housing Element, Timeline, and Working Group Objectives
Barry Miller and Jacob Noonan delivered a PowerPoint presentation that provided the context for the Housing
Element, summarized Housing Element requirements, and established the expectations for the Working Group.
The team reviewed the schedule for the project, and future Working Group meetings. There was a discussion
among members about the material in the presentation.
(5) MEMBER AND STAFF ANNOUNCEMENTS
The Working Group meeting schedule and tentative agenda items for 2022 were discussed.
(6) PUBLIC COMMENTS
Bob Pendoley asked if the PowerPoint presentation from the meeting would be on-line, and Barry Miller replied
that it would. Several members commented that they appreciated the opportunity to serve on the Working Group.
Jacob Noonan asked that all members read the materials in the agenda packet, and asked that all members come to
the next meeting prepared to identify one Housing Element program that is working well, one Housing Element
program that is not working, and one new program they’d like to add.
(7) ADJOURNMENT
The meeting was adjourned at 6:00 PM.
ATTACHMENT 1
Housing Element Working Group Meeting 1 * January 20, 2022 1
MEETING DATE: December 14, 2021
AGENDA ITEMS: 5A through 5C
ATTACHMENT: 2
REPORT TO 2023-2031 SAN RAFAEL HOUSING ELEMENT WORKING GROUP
Subject: Evaluation of Housing Goals, Policies, and Programs
EXECUTIVE SUMMARY
The next meeting of the Housing Element Working Group will be on January 20, 2022 from 4 to 6 PM.
The meeting will start with a primer on goals, policies, objectives, and programs. We will then ask each
Working Group member to identify one program in the existing Housing Element they think is working
well, one they think is not working, and one they’d like to add. Please review Attachment 3 in your
agenda packet so you can participate in this exercise. The last hour of the meeting will be focused on
identifying housing goals to be included in the new Element.
REPORT
A. Goals, Policies, Programs, and Objectives
Staff will explain the distinction between goals, policies, programs, and objectives. In a nutshell:
• A “goal” is an aspirational statement about a desired outcome or ideal future condition (such as
ending homelessness)
• A “policy” provides guidance to decision-makers on topics related to a goal. Policies shape the
day-to-day decisions made by staff, the City Council, City commissions, and others about how
the City operates and how resources are allocated.
• A “program” identifies the specific steps to be taken to implement a policy, either on a one-time
basis or an ongoing basis. Programs can be assigned to particular departments and used to
track progress.
• An “objective” is a measurable target that can be used to evaluate the City’s progress toward
implementing its policies and programs. State law requires that every Housing Element include
quantified objectives for housing production and rehabilitation for each income group.
B. What’s Working and What’s Not?
The State Government Code requires that every Housing Element include an evaluation of the City’s
progress toward implementing its Housing policies and programs. This includes an evaluation of
whether existing policies and programs should be carried forward, deleted, or edited. Staff has
completed this evaluation for the 2015-2023 Element (See Attachment 3). We have formatted the
evaluation to give each member of the Working Group a chance to weigh in.
Housing Element Working Group Meeting 1 * January 20, 2022 2
Attachment 3 is formatted as a table. Column 1 indicates the goal, policy, or program number. Column
2 indicates the goal, policy, or program text, exactly as it appears in the adopted Housing Element.
Column 3 indicates the preliminary staff evaluation of the goal, policy, or program, as well as
information on the City’s progress and activities related to the topic. This includes guidance on whether
the goal, policy, or program should be retained, and where new goals, policies and programs may be
needed. Column 4 of the document provides space for you to weigh in. We’ve provided the document
in Word so that you can add your own thoughts and ideas about housing goals, policies, and programs.
Please take a moment to review this document. As you do, please identify one program (or more, if you
like) that you think is working particularly well. Please also identify one program (or more, if you like)
that you think is not working well. Finally, please think of at least one program (or more, if you like) that
you’d like to see added to the Housing Element. We will be asking you to share your thoughts with the
group when we meet on Thursday.
This is intended to be an ice-breaker to jumpstart our discussion of housing goals, and not the final say
on our goals, policies, and programs. We will be coming back to the evaluation worksheet throughout
our meetings and modifying it over time.
We also invite and encourage you to provide additional thoughts and ideas in the fourth column of the
table. We would love your input on as many of the policies and programs as possible, including changes
the City should consider over the next eight years. Please add your comments and save the spreadsheet
with your name in the title and send it back to: barry.miller@cityofsanrafael.org. The deadline for
completing this “extra credit” assignment is January 31, 2022.
C. New Housing Goals for San Rafael
The major item on our agenda is a discussion of possible new housing goals for San Rafael. Right now,
the City has two goals in its adopted Housing Element. These are:
• A strong sense of community and responsibility in meeting housing needs
• An adequate housing supply and mix that matches the needs of people of all ages, income levels,
and special requirements
Attachment 4 contains housing goals from several other cities as a benchmark for comparison. The
goals are taken from cities with Housing Elements that have recently been certified by the State
Department of Housing and Community Development or cited as good examples of “best practices” in
Housing Elements. Please have a quick look at the goals.
We look forward to your ideas about how San Rafael can strengthen its Housing Element for 2023-2031
and articulate its goals for the future.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 1
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Goal 1 HOUSING NEEDS
It is the goal of San Rafael to have a strong sense
of community and responsibility in meeting
housing needs. Historically, San Rafael has
provided housing of all types to meet the varied
needs of its population in settings that enhance the
feeling of community.
Suggest reworking this goal so it is
focused on meeting the housing needs of
everyone in the community. A ‘strong
sense of community’ is important, but it
is covered by other elements of the
General Plan. The purpose of the goal
should be to provide safe, decent
housing for all residents.
Policy
H-1
Housing Distribution
Promote the distribution of new and affordable housing
of quality construction throughout the city to meet local
housing needs.
Rewrite. The intent of this policy is that
new housing should include a mix of
market rate and affordable units, with
affordable units distributed throughout
the city.
Program
H-1A
Annual Housing Element Review. Provide an annual
Housing Element progress report for review by the
public and City decision-makers. The Report will
document:
• San Rafael's annual residential building activity,
including identification of any deed restricted
affordable units;
• Progress towards the Regional Housing Needs
Allocation since the start of the planning period; and
• Implementation status of Housing Element programs
Carry forward. Although this is
required by State law, it is helpful to
reiterate it in the Housing Element. Tha
Annual Progress Report provides an
important self-evaluation of the City’s
progress in meeting its goals, and an
opportunity for course corrections.
This program has been implemented
consistently during the 2015-2023 cycle.
The City prepared annual reports six
years in a row, and these reports have
helped focus City Council discussions
on housing. They are also used to track
the City’s progress toward meeting its
RHNA, facilitate applications for grants,
and allocate funds for housing
programs.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 2
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Policy
H-2
Design That Fits into the Neighborhood Context
Recognize that construction of new housing and
improvements on existing properties can add to the
appearance and value of the neighborhood if they fit into
the established character of the area. Design new
housing, remodels, and additions to be compatible to the
surrounding neighborhood. Incorporate transitions in
height and setbacks from adjacent properties to respect
adjacent development character and privacy. Respect
existing landforms and minimize effects on adjacent
properties.
Modify this policy so it is focused more
on housing production. The current
wording is focused on design
compatibility, which is already covered
by policies in other elements of General
Plan 2040 (Land Use, Neighborhoods,
and Community Design and
Preservation). Design compatibility is
important, but it is addressed by Policy
LU-3.2 (New development in residential
neighborhoods), Policy LU-3.6
(transitions between uses), Policy CDP-
1.2 (protect natural features), Policy
CDP-2.3 (Neighborhood Character),
Policy CDP-4.5 (higher density design),
Policy CDP-4.8 (scale transitions), and
more.
Program
H-2A
Design Concerns of Single-Family Homes. Examine
and amend, as needed, zoning regulations and guidelines
for single-family homes to address concerns about bulk,
height, setbacks privacy, and other impacts of new homes
and of additions to existing homes. Consider potential
cost impacts on housing development when developing
new regulations and guidelines.
See comment above. Could instead
include one or more new programs here
about streamlining residential zoning
standards or consolidating residential
districts to simplify the review of single
family projects. The issue of residential
design is covered by General Plan 2040.
CDP-4.1A (Design Guidelines), CDP-
4.1B (Objective Standards), CDP-4.3A
(Reinforcing Design Context), and
CDP-4.4 (single family home design).
As a matter of practice, the City
regularly examines its zoning
regulations and guidelines to address the
issues listed here.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 3
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Program
H-2B
Compatibility of Building Patterns. Adopt design
guidelines to ensure compatibility of neighborhood
building patterns. Guidelines may address setback
patterns, garage and driveway patterns, and building
scale. Further develop the character-defining elements of
the neighborhood. Guidelines may address entries, roof
design, windows, architectural style, materials, and
detailing. Consider potential cost impacts on housing
development when developing new regulations and
guidelines. The City is currently operating under interim
design guidelines adopted with the 2020 General Plan,
which has been providing direction to the development
community.
The City’s ability to adopt guidelines
that require “compatibility” is now
limited by state law. Potentially merge
Programs H-2A and H-2B into a single
action program that addresses the need
to develop objective design standards,
as required by State law. For example,
the City adopted Form-Based Code
standards for Downtown in the 2021
Downtown Precise Plan. It also has
Hillside Residential Design Guidelines,
Canalfront Design Guidelines, and
special development standards for areas
like the Eichler-Alliance homes in Terra
Linda. Similar standards could be
developed for other areas where change
is expected. The issue of mitigating cost
impacts remains valid and should be its
own policy (under a goal to reduce
government constraints). Also, add
cross reference to Programs CDP-4.1A
and 4.3A in General Plan 2040.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 4
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Policy
H-3
Public Information and Participation.
Provide information on housing programs and related
issues. Require and support public participation in the
formulation and review of the City’s housing policy,
including encouraging neighborhood involvement in
development review. Work with community groups to
advocate programs that will increase affordable housing
supply and opportunities. Ensure appropriate and
adequate involvement so that the design of new housing
will strengthen the character and integrity of the
neighborhood.
Policy should be made more robust but
potentially be moved to a new goal
about equitable engagement in the
housing process. “Neighborhood
involvement in development review” is
covered by many other policies. Focus
here should be on engaging all residents,
including renters and those who have
not historically had access or
participated. Substantially more focus is
needed to engage Spanish speaking
residents and others with limited
English, consistent with the City’s
Equity, Diversity, and Inclusion
Element,
Program
H-3A
Neighborhood Meetings. Require neighborhood
meetings, as provided for by the City Council resolution
for Neighborhood Meeting Procedures, for larger
housing development proposals and those that have
potential to change neighborhood character. In larger
projects, the City requests that developers participate in
formal meetings with the community. The City facilitates
outreach by helping applicants find information on the
appropriate neighborhood groups to contact. City staff
attends meetings as a staff resource and conducts
noticing of meetings.
Again, this is covered in other elements
of the Plan, eg. Policy CDP-4.2 (Public
Involvement in Design Review) as well
as the Land Use Element and the
Neighborhoods Element.
The focus here should be on achieving
greater equity in participation and
outreach, and facilitating access to
neighborhood meetings by residents
who have historically been excluded or
not participated.
Program
H-3B
Information and Outreach on Housing Issues. Continue
to provide information to improve awareness of housing
needs, issues and programs, and to collaborate with
housing organizations to publicize in-service training,
press releases, fair housing laws, contacts, and phone
numbers. For example, provide links on the Community
Development webpage to housing resources, such as the
State Department of Housing and Community
Development (HCD).
Carry forward. This remains valid and
could potentially be expanded into a
larger set of programs about outreach
and education. Again, the focus should
be on equitable, diverse, inclusive
outreach and engagement.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 5
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Policy
H-4
Governmental and Community Collaboration.
Collaborate when possible with other jurisdictions in
Marin County in addressing regional housing needs.
Support community partnerships to assist in the
development of needed housing and continue to provide
technical assistance to owners, developers, and non-
profits. Participate in local and regional housing
assistance programs and establish relationships and
coordinate with other public agencies, non-profit housing
sponsors, and for-profit housing sponsors in the use of
available programs and funding resources to provide
lower-cost housing in San Rafael. Take leadership in
attaining the goals of the Housing Element by
coordinating with interested parties and carrying out
prescribed actions in a timely manner.
Delete “when possible” from first
sentence. Consider breaking this into
more than one policy as follows: (1)
coordination with other local
governments; (2) participation in
regional assistance programs/
coordination with non-profits and
service providers; and (3) regional
leadership on housing issues. Also, the
policy should reference the role and
importance of Community Based
Organizations in meeting housing needs.
Program
H-4A
Inter-Jurisdictional Housing Activities and Resources.
Continue to implement shared responsibilities, common
regulations, coordinated lobbying efforts and the housing
data clearinghouse to efficiently and effectively respond
to housing needs within the cities and county of Marin.
Carry forward. This is implemented on
an ongoing basis, with the City
coordinating with the County and other
Marin cities both formally and
informally. Formal coordination
includes monthly meetings of all
Planning Directors, and the use of the
County of Marin “clearinghouse”
website where cities share various
ordinances (SB9, ADU regs, etc.).
Marin jurisdictions also collaborate on
SB2 (housing) grants, fee studies, and
preparation of their Housing Elements.
Program
H-4B
Community Collaboration. Encourage cooperative and
joint ventures between owners, developers, and
community non-profit groups in the provision of
affordable housing. Give technical assistance to non-
profit developers by providing information on other local
sources of funding for affordable housing and
introductions to other funders. As appropriate, write
letters of support and serve as a co-applicant for project
funding, such as for affordable housing funds available
through California's cap-and-trade system. Work with
Carry forward. Retitle the program, as
the focus is on “Technical Assistance.”
The City routinely uses its expertise to
assist local developers in pursuing
affordable housing (Homeward Bound,
Whistlestop/Vivalon, etc.) and
facilitating by right approval.
The last sentence should be its own
program, as it deals with a separate
topic.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 6
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
businesses, public agencies, and local school districts to
seek opportunities to help employees find local housing.
Policy
H-5
Fair Housing
Take action when necessary to prevent discrimination on
the basis of race, religion, sex, marital status, ancestry,
national origin, color, familial status or disability in San
Rafael’s housing market.
Reword so it is more proactive than
reactive--“take action when necessary”
is very passive. Perhaps “Implement
measures to prevent discrimination….”
Also, consider creating a new housing
goal just focused on affirmatively
furthering fair housing.
Program
H-5A
Fair Housing Program. Designate the Community
Development Director as the Equal Opportunity
Coordinator in San Rafael. Ensure that written materials
regarding fair housing law are provided at various
public locations, and that information about fair housing
agencies and phone numbers is posted in places such as
the City’s website, at City Hall, the Public Library, and
other public places. As part of the Cooperative
Agreement with the County on CDBG funding, continue
to require a portion of the City’s allocation be directed to
Fair Housing of Marin and/or other fair housing
organizations. Continue to refer discrimination and
tenant/landlord complaints to Fair Housing of Marin, or
the appropriate legal service, county, state, or federal
agency.
Consistent with State AFFH require-
ments and City Council direction, new
programs will be developed to advance
equity and inclusion principles. This
may include additional outreach and
engagement to tenants and vulnerable
populations. At minimum, Program H-
5A would be broken into components,
including: (1) Designation of Equal
Opportunity Coordinator (or EDI
officer); (2) Distribution of fair housing
materials; (3) Allocation of County
CDBG funds; (4) referral of
discrimination cases. Separate policies
should be developed addressing renter
protection and displacement (just cause,
mediation, rent increases, etc.)
During the 5th cycle period, the City
implemented this program by referring
complaints to Fair Housing of Marin
and Marin Mediation Services. It also
pursued a range of renter protection
practices, including adopting a just
cause for eviction ordinance and a
mandatory median ordinance. In 2020,
it adopted a temporary moratorium on
rent increases in census tracts most
impacted by COVID-19, and a renter
relocation assistance program for no-
fault evictions in the Canal area.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 7
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Policy
H-6
Funding for Affordable Housing
Given the loss of Redevelopment funds, combined with
reductions in federal housing funding, the City's ability to
directly finance affordable housing is significantly
diminished. San Rafael's primary tool to support the
development of affordable housing is through its
Affordable Housing Ordinance, which produces both
affordable units and generates in-lieu fees. The City will
continue to actively pursue outside funding sources to
leverage local funds and maximize assistance. In addition
to applying for those funds directly available to
municipalities, the City plays an important role in
supporting developers to secure outside funds.
Rewrite this policy to more broadly
indicate that the City will seek funding
for affordable housing from a variety of
sources, including its Affordable
Housing Ordinance and in-lieu fees,
state and federal grants, the private
sector, and other outside funding
sources. The programs should also
reflect recent Council direction
regarding in-lieu fee payments.
Program
H-6A
In-Lieu Fees for Affordable Housing. Affordable
Housing In-Lieu Fees generated from non-residential
development and fees generated from residential
developments pursuant to San Rafael Zoning Code
Section 14.16.030 are placed in a citywide housing in -
lieu fee fund to be used to increase the supply of housing
affordable to very low, low, and moderate income
households. As of the end of fiscal year 2013/14, San
Rafael's Housing In-Lieu Fee Fund has a current balance
of approximately $1.2 million, with an estimated
$100,000 in additional fees which could be generated
during the planning period. Given this relatively limited
amount of funding, the City will focus these resources on
projects which emphasize leverage with outside funds
and maximize the number and affordability of units
provided. Funded activities may include: acquisition and
rehabilitation of existing housing through non -profits;
new construction of affordable housing; and provision of
rehabilitation funds to privately owned rental housing in
exchange for affordability covenants. Pursuant to State
Law, the City will dedicate a portion of these in lieu fees
for housing for extremely low and very low income
households.
Carry forward, but potentially shorten
and simplify (move narrative text
outside the program itself). The City
continues to place in-lieu fees in a fund
that is used to leverage affordable
housing production and will continue to
do so in the future. The issue of how the
funds are used is determined by the City
Council. The list of permitted activities
shown here remains valid, and the
commitment to dedicate funds for
extremely low income households
remains appropriate.
Projects like 350 Merrydale and Loch
Lomond Marina have contributed to the
Fund, as well as providing on site below
market rate units. The City has used in-
lieu fees in the past few years to assist
Homeward Bound (190 Mill) and the
Vivalon/Eden (Whistlestop) project, and
to fund housing rehabilitation projects.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 8
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Program
H-6B
Funding Resources. Work with community and elected
leaders to identify potential public and private funding
resources for affordable housing funds. Seek to secure at
least two new funding sources and a minimum of
$200,000 in outside funds during the planning period.
Carry forward and update. Resources
are procured on a case by case basis as
affordable housing applications are
received. In 2019, the City received
$310,000 from the SB 2 state grant
program. This was used to leverage
housing for extremely low-income
residents at 190 Mill St. SB2 funds
have also been used to update the City’s
permit system to streamline housing
development review.
Program
H-6C
Funding Applications. As opportunities for funding
become available, coordinate applications for State and
Federal subsidies for affordable housing, and (1) provide
technical assistance in public funding resources and
local processing requirements, including community
involvement; (2) consider project funding and timing
needs in the processing and review of the application;
and (3) work with applicants to identify appropriate
submittal materials to enable a timely determination of
application completeness.
Carry forward. The City continues to
provide technical assistance, consider
project funding and timing as part of the
development review process, and work
with applicants to ensure that materials
are submitted in a timely manner.
General Staff Comment on Goal H-1:
Consider restructuring this goal so it is more focused on meeting local housing needs. The distinction between Goals H-1 and H-2 is not entirely
clear.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 9
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Goal H-2 A DIVERSE HOUSING SUPPLY
It is the goal of San Rafael to have an adequate
housing supply and mix that matches the needs
of people of all ages, income levels, and special
requirements. San Rafael has a wide range of
housing types. People who work in San Rafael
should be able to live here and there should be
adequate housing for seniors and very low-income
households.
See comment above on prior page with
respect to the goals. There are actually
multiple goals embedded in this goal,
including (1) an “adequate” housing
supply; (2) a diverse mix of choices and
unit types (and price points); and (3)
ability for employees to live here. New
Housing Element goals should be
developed as part of the Update,
reflecting data from the Housing Needs
Assessment and input from the
community.
Policy
H-7
Protection of the Existing Housing Stock
Continue to protect existing housing from conversion to
nonresidential uses. Ensure that affordable housing
provided through government subsidy programs,
incentives, and deed restrictions remains affordable over
the required time period, and intervene when possible to
help preserve such housing.
This remains valid but it should be
broken into two policies, as there are
two different issues addressed here:
(1) protection of housing from
conversion to nonresidential uses; and
(2) loss of subsidy and displacement of
tenants paying affordable rents.
Consider moving this policy and several
of the others in this section to a new
goal on conservation of the existing
housing stock
Program
H-7A
Condominium Conversion Ordinance. As stated in the
zoning ordinance, prohibit conversion of existing
multifamily rental units to market rate condominium
units unless the city’s rental vacancy rate is above 5.0
percent, as determined by the State of California Finance
Department annual Population Estimates. Exceptions
include limited equity cooperatives, co-housing, and
other innovative housing proposals that are affordable to
low- and moderate-income households.
Carry forward. The City continues to
monitor the rental vacancy rate and
restricts condominium conversions.
There have been no conversions as the
rental vacancy rate has remained below
5%. The list of “exceptions” remains
appropriate.
Program
H-7B
Preserving Existing Rental Housing Affordable to Low
Income Households At Risk of Conversion. Eight
assisted rental projects in San Rafael (totaling 291 units)
are technically at-risk of conversion to market rate prior
to 2025. However, all eight projects are owned and
Carry forward but update the text to
reflect the current status of projects with
expiring subsidies for 2023-2031. There
are a number of locally-created BMR
units that will expire during this time
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 10
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
managed by non-profit organizations with a public
purpose to maintain affordable housing for low income
and special needs populations. The majority of these
developments receive Federal and State funding, rather
than local funding, and therefore are not subject to the
City’s rent and income monitoring requirements. The
City will however monitor each project's potential
affordability expiration, and contact the non-profit
owners within one year of the expiration date to address
any future loss of funding which may put these units at
risk.
period. During the prior (2015-2022)
period, there were no losses of units
that were identified as being “at risk” in
2014. Add a new program (and policy)
related to displacement of tenants due to
rising rents in market rate projects.
Program
H-7C
Preserving Existing Rental Housing Affordable to Low
Income Households through Ongoing Affordability
Restrictions. The City of San Rafael and the former
Redevelopment Agency is responsible for the annual
monitoring of over 1,400 units in forty one publicly and
privately owned rental developments. In addition, City
policies have resulted in the development of 115
affordable ownership units. All of these rental and
ownership units have long term affordability covenants.
Potentially combine B and C. The
Marin Housing Authority oversees the
BMR program. The units that are most
at risk are those created through BMR
requirements (inclusionary zoning)
rather than units in projects operated by
non-profits.
Program
H-7D
BMR Resale Regulations. Continue to require resale
controls on ownership Below Market Rate (BMR) units to
assure that units remain affordable to very low, low, and
moderate-income households. Continue to monitor
database with Marin Housing.
Carry forward. The City continues to
work with the Marin Housing Authority
to monitor resale controls on BMR for-
sale units. Sales agreements include a
clause that the owner must sell the unit
back to the Marin Housing Authority so
it can be maintained as affordable.
Program
H-7E
Retention of Mobilehomes and Preservation of Existing
Mobilehome Sites. Retain where possible this type of
housing, which includes the 400-home Contempo Marin
and the 30-home B-Bar-A mobilehome park, and its
affordability by continuing to implement the Mobilehome
Rent Stabilization Ordinance. Mobilehomes typically
provide lower cost housing by the nature of their size and
design.
Carry forward. The legality of the
City’s mobile home rent controls has
been affirmed in court, and this program
remains applicable.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 11
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Policy
H-8
Housing Conditions and Maintenance
Protect and conserve the existing housing stock and
existing residential areas. Protect residents and maintain
the housing stock by enforcing the housing code for all
types of residential units. Support good management
practices and the long-term maintenance and
improvement of existing housing.
The policy remains relevant, although
this issue is already covered to some
extent by GP 2040 Policy LU-3.4,
Policy CDP-2.3, and Policy EDI-3.5.
As stated, the first sentence could be its
own housing goal, under which other
housing conservation policies could be
located.
Program
H-8A
Apartment Inspection Program. To assure safe living
conditions, continue to enforce housing codes for all
apartment projects, three units or larger in size.
Already covered at Program EDI-3.5B
in the Equity, Diversity, and Inclusion
Element, but worth re-stating here, as
this is an important aspect of housing
conservation. The City’s Code
Enforcement Division continues to
administer this program.
Program
H-8B
Code Enforcement and Public Information Programs.
Coordinate housing, building and fire code enforcement
to ensure compliance with basic health and safety
building standards and provide information about
rehabilitation loan programs for use by qualifying
property owners. Continue to investigate reported illegal
units and abate or legalize where possible units built
without permits or occupied in violation of San Rafael’s
ordinances.
Keep this focused on staff-level
coordination of code enforcement and
safety standards, including investigating
violations. Public information on
rehabilitation loans is already covered
by Program 8-C below. This program
should cover ongoing activities by staff
(including the Development
Coordinating Committee and Health &
Safety Committee) to review
development submittals, enforcement
cases, and other issues of
interdepartmental concern. Consider
adding a new program related to
amnesty for property owners seeking
“late” approval for unpermitted work to
add or improve housing.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 12
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Program
H-8C
Residential Rehabilitation Loan Program. As part of the
Cooperative Agreement with the County on CDBG
funding, continue to require a portion of the City’s
allocation be directed to the Marin Housing Authority to
provide property improvement loans and technical
assistance to qualified very-low-income homeowners to
make basic repairs and improvements, correct
substandard conditions, and eliminate health and safety
hazards. Continue to advertise the Rehabilitation
Program on the City's website, and disseminate program
brochures at City Hall.
Carry forward. This is an active
program that should continue to be
implemented. In 2020, it was used to
help refinance improvements and
upgrades to the Centertown Apartments
at 855 C Street (an affordable housing
development). The program is
administered by the Marin Housing
Authority on behalf of the City. The
City advertises the program on its
website and in brochures at City Hall.
Program
H-8D
Relocation Assistance. Require applicants to provide
certain limited relocation assistance, per Section
14.16.279, for low-income tenants displaced by new
development or property improvements such as unit
renovation or rehabilitation that results in the vacancy of
the unit, including referring tenants to Marin Housing
and providing cash compensation. Require notice of
displacement to be distributed at least 60 days before the
property is to be vacated.
Carry forward and move to a different
policy, as this deals with displacement
rather than conservation of housing
units. This program is codified in the
Municipal Code. All projects that may
displace lower income residents is
subject to its provisions. In 2020, the
City amended the Code to establish
regulations for residents displaced by no
fault evictions in the Canal area.
Additional revisions may be considered
through the Housing Element Update.
Policy
H-9
Special Needs
Encourage a mix of housing unit types throughout San
Rafael, including very low- and low-income housing for
families with children, single parents, students, young
families, lower income seniors, homeless and the dis-
abled. Accessible units shall be provided in multi-family
developments, consistent with State and Federal law.
Rewrite policy and potentially move to a
different goal. As stated, this is more of
a goal than a policy, and it is very broad.
The policy (or a separate policy) should
also explicitly reference the needs of
Extremely Low Income households.
Program
H-9A
Adaptive Housing. Ensure compliance with State and
Federal requirements for accessible units. Conduct
regular "coffee and codes" meetings with design and
construction industry members to discuss requirements
under the Americans with Disabilities Act. An average of
2-3 meetings are held per year, consisting of simplified
explanations of technical information and a range of
topics aimed at clarifying development standards.
Carry forward but edit. The “coffee and
codes” meetings cover more than just
ADA compliance and should be covered
as a community engagement measure.
Add a new program on the City’s ADA
Advisory Committee, which restarted in
2019 to advise the City’s Building
Official, Engineer, and City Council.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 13
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Program
H-9B
Reasonable Accommodation. Encourage and facilitate
the provision of housing for persons with disabilities.
Implement zoning regulations to provide individuals with
disabilities reasonable accommodation in rules, policies,
practices, and procedures that may be necessary to
ensure equal access to housing.
Carry forward. This is an ongoing
program to implement local policies to
meet the housing needs of persons with
disabilities.
Program
H-9C
Housing Opportunities for Persons Living with
Disabilities: The Golden Gate Regional Center (GGRC)
provides services and support for adults and children
with developmental disabilities, including over 400 San
Rafael residents. The GGRC reports that 60 percent of
their adult clients with developmental disabilities live
with their parents, and as these parents age and become
frailer their adult disabled children will require
alternative housing options. The City will coordinate
with the GGRC to implement an outreach program
informing San Rafael families of housing and services
available for persons with developmental disabilities,
including making information available on the City’s
website.
Carry forward and clarify (in title) that
this is specifically for persons with
developmental disabilities. Work with
the GGRC to confirm appropriate
program language for 2023-2031
Element.
Program
H-9D
Housing for Extremely Low Income Households. To
meet the needs of extremely low income households,
prioritize some housing fees for the development of
housing affordable to extremely low-income households,
to encourage the development of programs to assist age-
in-place seniors, to increase the amount of senior
housing, to increase the production of second units, and
to facilitate the construction of multifamily and
supportive housing.
Edit and carry forward. The City has
been implementing this program in
practice, and used SB2 Planning grant
money to create 32 units of transitional
housing for extremely low income
households at 190 Mill Street.
Is “prioritize some housing fees”
sufficient or should this be quantified?
Also, some of the action measures listed
here may not be the best ways to assist
ELI households. Perhaps shift focus to
transitional and supportive housing
rather than second units and senior
housing.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 14
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Policy
H-10
Innovative Housing Approaches
Provide opportunities and facilitate innovative housing
approaches in financing, design and construction of units
to increase the availability of low- and moderate-income
housing and especially for housing that meets the city ’s
housing needs. Examples include:
a) Limited Equity Cooperatives. Encourage limited
equity residential cooperatives and other non-profit
enterprises such as self-help projects designed to
provide affordable housing.
b) Manufactured Housing (Modular, Mobile
homes). Allow, consistent with state law, creative,
quality manufactured housing as a means for
providing affordable housing.
c) Single Room Occupancy (SRO) Units. Encourage
construction of new SRO units and protection of the
existing SRO unit supply.
d) Live/Work Housing. This type of housing is
intended for a resident and their business, typically
on different floors of the same unit, and well suited
to San Rafael's downtown.
Note there is an almost identical policy
in the General Plan Land Use Element
(LU-2.12), which also covers this topic:
“Encourage non-traditional and
innovative forms of housing that
respond to local housing needs,
changing demographics, high housing
costs, remote work trends, and
sustainability goals.”
Similarly, Program LU-2.12B in the
General Plan mentions tiny homes,
micro units, and movable construction.
Are there other types of “innovative”
housing approaches that should be
called out here? For example, General
Plan references “Floating Homes” in
Program LU-2.12C.
Conversion of office buildings to
housing may warrant a similar policy
(separate from this one).
Also, considering moving this to Goal 1,
since it is focused on housing
production.
Program
H-10A
Co-Housing, Cooperatives, and Similar Collaborative
Housing Development. Provide zoning flexibility
through Planned Development District zoning to allow
housing development that is based on co-housing and
similar approaches that feature housing units clustered
around a common area and shared kitchen, dining,
laundry, and day care facilities.
Carry forward but delete reference to
“PD” zoning—the bottom line is that
zoning should not preclude ability to
build these housing types. Using PD
zoning is one tool but there should be
others. The State has already mandated
zoning amendments to allow supportive
and transitional housing, employee
housing, etc.
Program
H-10B
Manufactured Housing. Continue to allow quality
manufactured housing in all zoning districts which allow
single-family residences.
Carry forward. A project with 9
manufactured townhomes was approved
at 21 G Street in 2020.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 15
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Program
H-10C
Single Room Occupancy (SRO) Units. Actively promote
existing incentives for SRO apartments, such as no
density regulations and lower parking standards, in
multifamily and mixed use districts in recognition of their
small size and low impacts. Where needed, encourage
linkages to social services.
The program remains relevant and
should be carried forward and
potentially updated. No applications
have been received recently, although
the Homeward Bound project is similar
to an SRO. Are existing incentives
working or are new ones needed?
Program
H-10D
Zoning for Live/Work Opportunities. Continue to
accommodate live/work quarters in commercial districts,
and allow for flexibility in parking requirements as
supported by a parking study.
Strengthen this to dovetail with General
Plan Program LU-2.12A which calls for
an update of the City’s live-work
regulations. No live-work applications
have been received recently. Are there
steps the City can take to make live-
work more viable? Consider additional
programs related to vacant office space
and vacant commercial space. Also
consider additional opportunities for
live-work in a limited number of
industrial areas? Also cross-reference
General Plan Programs LU-2.2B
(Innovation Districts), NH-3.11, NH-
4.11A (live work in Lindaro area and in
Northgate Business Park), AC-1.9D
(live work for artists)
Policy
H-11
House Sharing
Support organizations that facilitate house sharing,
linking seniors and small households with potential
boarders to more efficiently use existing housing stock.
Important policy and should be carried
forward. Perhaps make this more
proactive?
Program
H-11A
Homesharing and Tenant Matching Opportunities.
Continue to support, and consider increased
participation in, the Shared Housing Project in
collaboration with community partners.
Update to reflect new and emerging
programs and resources. The concept
has expanded since 2015 and the needs
have become greater with an aging
population.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 16
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Program
H-11B
Junior Second Units. Coordinate with other Marin
jurisdictions in evaluating appropriate zoning
regulations to support in the creation of "Junior Second
Units" of less than 500 square feet in size. Such units
would be created through the repurposing of existing
space within a single-family dwelling to create a semi-
private living situation for a renter or caregiver in
conjunction with the owner-occupied unit. Junior second
units would be required to have exterior access and meet
the U.S. Census definition of a housing unit1 to qualify
for credit towards the City's Regional Housing Needs
Allocation (RHNA).
This needs to be updated to reflect
changes in State law since 2015, and the
City’s adoption of ADU and JADU
regulations. Staff records indicate four
Junior ADUs were approved in 2020.
These units do count toward the RHNA,
to the extent they accommodate a
household other than the primary
occupant. With that in mind, this
program should be moved to the
program on “Second Units” (H-16) so
that this policy remains focused on
home sharing (which does not count
toward RHNA).
Policy
H-12
Residential Care Facilities and Emergency Shelters.
Encourage a dispersion of residential care facilities and
emergency shelters, and avoid an over concentration of
residential care facilities and shelters for the homeless in
any given area consistent with state and federal laws.
Allow emergency shelter beds in appropriate zoning
districts in order to accommodate San Rafael’s
unsheltered homeless population. Recognize transitional
and supportive housing units as residential units, and
eliminate governmental constraints to the operation or
construction of transitional, supportive, and emergency
housing consistent with State law.
This is a critical topic in San Rafael and
it may warrant its own goal. Additional
policies may be warranted. At
minimum, consider breaking this into
more than one policy, as it deals with
multiple topics: (1) dispersing facilities
and avoiding overconcentration; (2)
allowing shelters in different zones; (3)
recognizing transitional and supportive
housing as a residential land use. There
also should be a strong statement to
increase resources, capacity, and
supportive services.
Program
H-12A
Countywide Efforts to Address Homeless Needs. Work
with other jurisdictions and agencies in Marin to provide
emergency, transitional, and supportive housing and
assistance throughout Marin, and continue City staff's
role as the homeless coordinator for the County.
Continue to support and allocate funds, as appropriate,
for programs providing emergency, supportive, and/or
transitional shelter and counseling services for families
and individuals who are homeless or at-risk of
homelessness.
Carry forward but edit to clarify City’s
role relative to the County, and the
activities under the City’s jurisdiction.
Also reference the City’s Homeless
Services program, including the role of
the Homeless Services Coordinator, the
role of other organizations (Opening
Doors Marin, Homeward Bound etc.).
Reference the 3301 Kerner Project,
potentially as a new action program.
Potentially add actions to reflect
ongoing activities to end homelessness.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 17
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Program
H-12B
Good Neighborhood Relations Involving Emergency
Shelters and Residential Care Facilities. Where
determined necessary during review of an application,
encourage positive relations between neighborhoods and
providers of emergency shelters and residential care
facilities by requiring shelter outreach communication
programs with the neighborhoods.
Delete first part and start with
“Encourage…” Note that there are
already requirements for management/
operations plans prior to approval, and
the public may be engaged in reviewing
these plans as they are developed.
Program
H-12.C
Residential Care Facilities. Regularly update zoning
regulations that govern residential care facilities to
conform to Federal and State laws and to encourage
their location in areas that do not result in
overconcentration of care facilities. Explore the
feasibility of requiring affordable units in assisted living
facilities, for example, reduced rate rentals with access
to market-rate services.
Carry forward but move. This may fit
better under another policy, as many
residential care facilities are not directly
related to emergency shelter. The issue
of requiring assisted living to include
affordable units should be dealt with
through a separate program. The City
has been studying this issue since 2018.
Program
H-12D
Emergency Shelters, Transitional and Supportive
Housing. Implement Zoning Code Section 14.16.115 to
allow emergency shelters as a permitted use in the
General Commercial (GC) and Light Industrial (LI/O)
zoning districts south of Bellam and east of Highway 580
and with appropriate performance standards as allowed
by State law. Continue to allow emergency shelters with
a use permit in areas zoned for office, commercial, light
industrial and public/quasi-public use. Implement the
City's Zoning Code (Zoning Code Chapter 14.03 -
Definitions), consistent with State and Federal law, to
recognize transitional and supportive housing as
residential uses, subject to the same restrictions and
standards of similar residential dwellings in the same
zone. Based on input from State HCD, amend Zoning
Code Section 14.16.115 to clarify requirements for staff
and services to be provided to assist residents in
obtaining permanent shelter and income are permissive,
rather than mandatory. In addition, clarify that while a
written Management Plan is required, it is not subject to
discretionary approval
Carry forward and update as needed. As
part of the Housing Element update, the
City must examine whether its zoning
provides sufficient opportunities to meet
the need for emergency shelter. This
will include a determination on whether
shelters should be a permitted use or a
conditional use in other zones. The last
two sentences in this action program
should be completed as part of a zoning
“clean up” item prior to January 2023 if
possible.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 18
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Policy
H-13
Senior Housing
Encourage housing that meets the needs of San Rafael’s
older population, particularly affordable units and
affordable care facilities that foster aging within the
community. Support development that provides housing
options so that seniors can find suitable housing to rent or
purchase.
Carry forward. Edit or expand as
needed to reflect housing priorities and
issues raised by Age Friendly San
Rafael Action Plan.
Program
H-13A
Assisted Living. Evaluate current zoning regulations for
new assisted living housing, and assess options to
regulate as a residential, rather than a commercial use.
Evaluate establishing inclusionary housing requirements
for assisted living.
Replace with a new program that
addresses the issue of how zoning
regulations can better support assisted
living and improve its affordability.
Staff has been studying residential care
and assisted living facilities to
determine their impacts on the
community and if they may be subject
to inclusionary housing requirements.
Program
H-13B
“Age-in-Place” Assistance. Continue to provide
assistance to older residents who want to remain
independent and in their homes for as long as possible,
such as the Police Department’s “Are You OK?”
program, the Fire Department’s “Safety Check”
program, Code Enforcement’s continuing cooperation
with the Marin County Social Services, and Community
Services social activities offered through the Community
Centers.
Carry forward and update as needed to
incorporate recommendations from Age
Friendly San Rafael. Potentially add
new programs addressing other models
for aging in community, and other
housing issues faced by older adults
(home retrofits for decreased mobility,
etc.)
Policy
H-14
Adequate Sites
Maintain an adequate supply of land designated for all
types of residential development to meet the housing
needs of all economic segments in San Rafael. Within
this total, the City shall also maintain a sufficient supply
of land for multifamily housing to meet the quantified
housing need of very low, low, and moderate income
housing units. Encourage development of residential uses
in commercial areas where the vitality of the area will not
be adversely affected and the site or area will be
enhanced by linking workers to jobs, and by providing
shared use of the site or area.
The first sentence is State law, but it is
still helpful to restate it here as a local
policy and priority. We should also
address the AB 1397 requirement to
maintain a buffer of sites above and
beyond what the RHNA requires, and to
ensure no net loss of capacity in the
event a housing site is approved for
another use. The last sentence should be
its own policy and is already addressed
at length in the General Plan Land Use
Element, Neighborhoods Element, and
Economic Vitality Element.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 19
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Program
H-14A
Residential and Mixed Use Sites Inventory. Encourage
residential development in areas appropriate and
feasible for new housing. These areas are identified in
Appendix B, Housing Element Background, Summary of
Potential Housing Sites (available for view on the City’s
website). Explore effective ways to share housing site
information and developer and financing information to
encourage development of underutilized institutional
land. The City has employed different strategies to find
the most effective way to deliver information about
development. It is an ongoing and evolving process that
has included practices such as preparing fact sheets for
sites with multiple inquiries.
Carry forward but potentially make
more action-oriented and measurable,
i.e., develop a website highlighting the
opportunity sites with basic information
about each site and contact information
for those interested in development.
The third sentence (development on
institutional land) should be extracted as
its own program.
Program
H-14B
Efficient Use of Multifamily Housing Sites. Do not
approve residential-only development below minimum
designated General Plan densities unless physical or
environmental constraints preclude its achievement.
Residential-only projects should be approved at the mid-
to high-range of the zoning density. If development on a
site is to occur over time the applicant must show that the
proposed development does not prevent subsequent
development of the site to its minimum density and
provide guarantees that the remaining phases will, in
fact, be developed.
This is being successfully implemented
in practice. Carry forward and
potentially strengthen. The last sentence
should be clarified.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 20
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Program
H-14C
Continue to Implement Zoning Provisions to
Encourage Mixed Use. San Rafael has been effective in
integrating both vertical mixed use and higher density
residential development within its Downtown. As a
means of further encouraging mixed use in commercial
areas outside the Downtown, General Plan 2020 now
allows site development capacities to encompass the
aggregate of the maximum residential density PLUS the
maximum FAR for the site, thereby increasing
development potential on mixed use sites. The City will
continue to review development standards to facilitate
mixed use, including:
a) Encourage adaptive reuse of vacant buildings and
underutilized sites with residential and mixed use
development on retail, office, and appropriate
industrial sites
b) Explore zoning regulation incentives to encourage
lot consolidation where needed to facilitate housing.
c) Review zoning requirements for retail in a mixed use
building or site, and amend the zoning ordinance as
necessary to allow for residential-only buildings in
appropriate mixed-use zoning districts.
Update this program, and potentially
break into a few different programs.
The Downtown Precise Plan effectively
eliminated density and FAR in
Downtown San Rafael. Changes to the
other commercial zones should now be
considered, based on the analysis of
zoning constraints to be prepared
through the Housing Element Update.
More specific changes to commercial
zoning regulations may be warranted,
specifically relating to FAR, density,
parking requirements, and height limits.
Additional policies and programs related
to adaptive reuse of vacant retail, office,
and other commercial buildings are
appropriate. Additional guidance on
reuse of older hotels/motels is also
appropriate (Project HomeKey, etc.)
Program
H-14D
Air Rights Development. Take an active role in
evaluating the feasibility of air rights development and
consider possible zoning incentives for such
development. Encourage developers of affordable
housing to utilize air rights, such as above public
parking lots or commercial uses Downtown.
Carry forward and perhaps call for a
specific target. The City is presently
considering a request to develop above a
municipal parking garage on 3rd Street.
In 2019, staff completed a planning
feasibility study of six municipal lots.
Further study is needed to determine
how to proceed with public private
partnerships to develop housing on these
sites. This should be a program in the
2023-31 Element.
Policy
H-15
Infill Near Transit
Encourage higher densities on sites adjacent to a transit
hub, focusing on the Priority Development Area
surrounding the San Rafael Transportation Center and
future Downtown SMART station.
Need to update to reflect the additional
PDAs and provide more robust
language, consistent with General Plan
2040 and the Downtown Precise Plan.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 21
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Program
H-15A
Downtown Station Area Plan. The coming of SMART
rail service to Downtown San Rafael in 2016 is an
opportunity to build on the work that the City has
undertaken to revitalize the Downtown and to create a
variety of transportation and housing options, economic
stability, and vibrant community gathering places in the
heart of San Rafael. General Plan 2020, adopted in
2004, allowed for higher residential densities and
reduced residential parking standards to encourage
housing development within the heart of Downtown that
would support local businesses and allow people to live
close to their place of work. The Downtown Station Area
Plan, accepted by City Council in June 2012, establishes
a series of implementing actions, the following of which
specifically serve to facilitate higher density residential
and mixed use infill in the area:
• Conduct parking study in Station Area to evaluate
options to addressing small parcels and on-site
parking constraints to development (study underway,
complete in 2015).
• Evaluate relocation of existing Bettini Transit C
enter, and potential reuse as mixed use site (study
underway, complete in 2015).
• Evaluate additional height and FAR on certain
blocks adjacent to US 101 (as defined in the
Downtown Station Area Plan), facilitating
redevelopment of the Transit Center into a vibrant,
mixed use environment (long term).
• Evaluate allowing additional height and FAR
increases in certain areas to match the adjacent
height and FAR limits in exchange for community
amenities. The blocks recommended for study are:
A. West side of US 101 -Tamalpais Avenue to
Hetherton Street between Mission Avenue and
Second Streets, including the transit center; and B.
On the east side of US 101 - The west side of Irwin
Street between Fourth and Second Streets and the
south side of Fourth Street between Irwin Street and
Grand Avenue, and consider adopting a form based
Delete program and replace with a new
program related to implementation of
the Downtown Precise Plan. The
Precise Plan includes incentives
specifically related to housing, including
a height bonus program (now being
implemented), parking reductions, and
objective design standards that allow for
streamlined project review. Future
action may be needed to aggregate
parcels into more viable development
sites, and plan for the area around the
transit center once a final relocation site
has been identified.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 22
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
code instead of the current density and FAR
requirement (long term).
• Review parking requirements and develop additional
municipal parking resources to reduce onsite
parking burden (long term)
Program
H-15B
Civic Center Station Area Plan. The City completed the
Civic Center Station Area Plan, which was accepted by
the City Council in August 2012 and amended in 2013.
Development around the station area will be guided by
considerations for station access and transportation
connections by various modes, as well as promotion of
land uses that embrace the opportunities of a transit-
oriented site and are compatible with the character of the
surrounding area. Following the commencement of the
operation of SMART (2016), study Station Area Plan
recommendations to facilitate housing opportunities near
transit, and implement through General Plan
amendments and Zoning Code changes where
appropriate.
Delete and replace with new programs
related to future housing in the newly
designated Priority Development Areas
(PDAs) at Northgate and Southeast San
Rafael. Guidance for housing at
Northgate Mall may be included here,
and at least some direction should be
provided supporting housing in the
southeast/ Canal area. The City will
continue to apply for ABAG/MTC
grants to prepare Area plans for the two
PDAs.
Policy
H-16
Second Units
Second dwelling units offer several benefits. First, they
typically rent for less than apartments of comparable size,
and can offer affordable rental options for seniors and
single persons. Second, the primary homeowner receives
supplementary income by renting out the second unit,
which can help many modest income and elderly
homeowners afford to remain in their homes. San Rafael
has continuously promoted second units as an affordable
housing option. Efforts have included providing a
comprehensive handout explaining the second-unit
process, posting information about second units on the
City’s website, promoting the second unit program
through the San Rafael Focus City newsletter, offering
staff consultation for adding or legalizing a second unit,
holding workshops to educate homeowners about the
process to add a second unit, and implementing an
amnesty program for legalization of illegal second units.
In addition, San Rafael staff worked with local utility
agencies to reduce fees for water and sewer service for
second units, and in 2012 the City adopted a Citywide
This should be moved to the narrative
and replaced with a policy supporting
and encouraging ADUs for the reasons
cited here. The City continues to
support ADUs and JADUs as a housing
strategy and a way to produce housing
that is affordable “by design.” The City
approved 40 ADUs in 2020 alone—this
was a significant increase over prior
years.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 23
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Traffic mitigation fee amendment to waive the traffic
mitigation fee for second units.
Program
H-16A
New Second Units. Continue to encourage the provision
of second units to provide housing options for seniors,
caregivers, and other lower and extremely low income
households.
Move this to H-16 above—this is the
policy statement that is missing there.
One or more new action programs
should be added in lieu of 16-A,
explaining how the City is going to
encourage ADU production. For
example, programs could address
education and outreach, architectural
templates for homeowners seeking to
build ADUs, modifying development
standards, maintaining a roster of
ADUs, conducting periodic surveys on
ADU rents and occupancy, and so on.
Policy
H-17
Regulatory Processes and Incentives for Affordable
Housing. San Rafael implements a variety of regulatory
processes to address potential governmental constraints
and incentivize the provision of affordable housing,
including density bonuses, height bonuses, fee waivers,
and reduced parking requirements. San Rafael's primary
tool to support the development of affordable housing is
through its Affordable Housing Ordinance which both
produces affordable units and generates affordable
housing in-lieu fees. San Rafael was one of the first cities
in the State to adopt such an affordable housing
requirement in the 1980’s. This policy has resulted in the
construction of numerous affordable units within market
rate developments and provided additional funding for
100% affordable developments.
This should be reframed as a policy
“Incentivize the provision of affordable
housing through the City’s development
regulations and processes, etc.…” and
carried forward.
Program
H-17A
State Density Bonus Law. Under Government Code
section 65915-65918, for housing projects of at least five
units cities must grant density bonuses ranging from 5%
to 35% (depending on the affordability provided by the
housing project) when requested by the project sponsor,
and provide up to three incentives or concessions unless
specific findings can be made. San Rafael has integrated
State density bonus requirements within its Affordable
Keep a program to implement State
density bonus law, but avoid references
to the percentages, as these change with
State law (the percentages cited here are
outdated). The City updates its density
bonus ordinance in 2021 to align with
current State laws. It also adopted local
density bonus provisions through the
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 24
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Housing Ordinance (Zoning Code Section 14.16.030),
depicting the connection with the City's Inclusionary
Housing requirements.
Downtown Precise Plan that may be
used in lieu of State bonuses.
Program
H-17B
Height Bonuses. Continue to offer height bonuses for
projects that include affordable housing units as
provided in Exhibit 10 of the Land Use Element. Provide
early design review to assist with potential design issues.
Height increases may be granted with a use permit.
Evaluate utilizing height bonuses as a tool to incentivize
lot consolidation.
Carry forward (update reference to
Exhibit 10). This is done in practice and
is included in General Plan 2040 and the
Downtown Precise Plan. The City has
approved roughly 15 projects with
height bonuses. Consider pulling out
the last sentence and making it a
separate program (incentives for lot
consolidation)
Program
H-17C
Waiver or Reduction of Fees. Continue to offer fee
waivers and reductions for applications including
affordable units, consistent with Resolution 11025.
Facilitate the production of second units through
elimination of the traffic mitigation fee (adopted in
2012), and coordination with local jurisdictions to lobby
Las Gallinas Valley Sanitary District to reduce sewer
connection fees for second units and affordable housing.
Carry forward first sentence. Fee
waivers and reductions continue to be an
important tool to facilitate affordable
housing. In 2020, the Council approved
a fee waiver for the Homeward Bound
project. In its consultation with the
development community, the City has
identified fees as a potential obstacle to
development and is studying ways to
mitigate this constraint. Second
sentence (waiver of traffic mitigation
fee for ADUs) has been achieved. State
law now governs the City’s ability to
collect impact fees for ADUs.
Program
H-17D
Efficient Project Review. San Rafael has fully
implemented the provisions of the Permit Streamlining
Act (AB 884) and provides concurrent processing
through over-the-counter one-stop permitting. Planning
staff continue to inform developers of density bonus
incentives for affordable housing, and consistent with
State requirements, any modified development standards
provided as part of a density bonus incentives package
are exempt from the variance process. The City utilizes
allowable California Environmental Quality Act (CEQA)
exemptions for qualified urban infill and other
residential projects where site characteristics and an
Move this to narrative and replace with
a program that provides direction on
measurable actions that can be taken to
improve the efficiency of project
review. The City has taken a number of
steps in recent years to save time for
applicants, including using a working
group of the Design Review Board to
make recommendations on small
projects and using a “virtual public
counter” during the COVID-19
pandemic.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 25
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
absence of potentially significant environmental impacts
allow.
Policy
H-18
Inclusionary Housing Requirements.
The City of San Rafael first adopted inclusionary
requirements in the 1980’s. The City requires residential
projects to provide a percentage of affordable units on
site and/or pay in-lieu of fees for the development of
affordable units in another location. The City’s program
requires the units remain affordable for the longest
feasible time, or at least 55 years. The City's primary
intent is the construction of units on-site. The units
should be of a similar mix and type to that of the
development as a whole and dispersed throughout the
development. If this is not practical or not permitted by
law, the City will consider other alternatives of equal
value, such as in-lieu fees, construction of units off-site,
donation of a portion of the property for future n on-profit
housing development, etc. Allow for flexibility in
providing affordable units as long as the intent of this
policy is met. Specific requirements are:
Project Size % Affordable units
required
2-10 Housing Units (*) 10%
11-20 Housing Units 15%
21+ Housing Units 20%
(*) Exemptions for smaller projects units may be
provided in the Zoning Ordinance
Rental Units. Provide, consistent with State law, a
minimum of 50% of the BMR units affordable to very
low-income households at below 50% of median income,
with the remainder affordable to low income households
at 50-80% of median income.
Sale/Ownership Units. Provide a minimum of 50% of
the BMR units affordable to low income households at
50-80% of median income, with the remainder affordable
to moderate income households at 80-120% of median
income.
Simplify this policy so it merely says
that the City will maintain inclusionary
zoning. In other words, it will continue
to require a percentage of all units in
market-rate projects to be set aside as
affordable, and it will continue to offer
the option of an in-lieu fee where on-site
units are not feasible. The details (such
as the percentages of units) may be
retained in the Housing Element
narrative but should not be in the body
of the policy, as they are subject to
change and are regulatory in nature.
The percentages cited in this policy
were updated in early 2021 and may
change again during 2023-2031. The
other concepts expressed by this policy
(length of affordability, disperse units
throughout the development, allowing
for flexibility, maintaining different
thresholds for rental and ownership
units, rounding up and down for
fractional units, etc.) remain valid and
can be expressed in the text. They do
not need to be spelled out in the body of
the policy itself.
Reference Statement Staff Comments Comments from Working Group Members
Housing Element Policy Matrix * January 10, 2022 Page 26
ATTACHMENT 3: EVALUATION OF 2015-2023 HOUSING ELEMENT
Calculation of In-lieu Fee. Continue to provide a
calculation for in-lieu fees for affordable housing. For
fractions of affordable units, if 0.5 or more of a unit, the
developer shall construct the next higher whole number
of affordable units, and if less than 0.5 of a unit, the
developer shall provide an in-lieu fee.
Program
H-18A
Inclusionary Housing Nexus Study. Conduct an
Inclusionary Housing Nexus Study and engage with the
local development community and affordable housing
advocates to evaluate the Inclusionary Housing
Ordinance and in-lieu fee requirements for effectiveness
in providing affordable housing under current market
conditions. Amend the Inclusionary Housing Ordinance
as appropriate, to enhance the Program's effectiveness
and consistent with recent court decisions.
The City partnered with Marin County
and other Marin jurisdictions to prepare
a nexus study in 2020. Replace this
program with a new program calling for
regular monitoring of the inclusionary
requirements and periodic meetings with
the development community to
determine the need for modifications
and adjustments.
Policy
H-19
Energy Conservation and Sustainability
The City of San Rafael promotes resource conservation
and energy efficiency through the Sustainability Element
of the General Plan. In implementing the policies and
programs of the Sustainability Element, the City will also
achieve its objectives for greater sustainability in
residential projects.
Rewrite as a policy to encourage energy
conservation, weatherization, and
efficiency in order to reduce home
energy costs, including programs to
assist lower income residents.
Program
H-19A
Sustainability Policies and Programs. Refer to the
Sustainability Element in the San Rafael General Plan to
guide housing development and renovation. SU-4a
Renewable Energy lays out programs to increase the
supply of renewable energy. SU-5a Reduce Use of Non-
Renewable Resources promotes efficiency in resource
consumption.
Program needs to be updated to
reference current energy conservation
and renewable energy policies and
programs in General Plan 2040. The
City implements CalGreen and Green
Building Code standards and is
promoting conservation through its
Climate Change Action Plan.
Additional programs should be added
regarding lower rates and assistance for
lower income owners and tenants.
Housing Element Policy Matrix * January 10, 2022 Page 27
Additional Housing Policies in General Plan 2040 Equity, Diversity and Inclusion Element (adopted August 2, 2021)
Goal EDI-3: Housing Stability
Improve housing stability for all San Rafael residents, particularly those with low or very low incomes. Residents should live without fear of being
displaced by high rents and a shortage of affordable housing options. The City will work to reduce overcrowded and substanda rd living conditions and provide
additional housing choices for people of all incomes. It will also work with landlords and rental property owners to develop fair, workable solutions.
Policy EDI-3.1: Preventing Displacement
Prevent the displacement of lower income residents from their homes due to rising costs, evictions without cause, and other e conomic factors that make it
difficult for people to stay in San Rafael.
Program EDI-3.1A: Anti-Displacement Strategies. Evaluate anti-displacement strategies in future plans or programs that could result in the direct
removal of affordable housing units, the displacement of tenants, or economic hardships due to rapid rent increases.
Program EDI-3.1B: Renter Protection Measures. Continue to explore and promote measures to protect San Rafael renters and facilitate positive
communication between landlords and tenants.
Program EDI-3.1C: Climate-Related Displacement. Consider measures to address the potential for loss or displacement of affordable or lower cost
housing in the City’s climate change adaptation planning.
Policy EDI-3.2: Affordable Housing Development
Encourage the development of affordable rental housing to meet the needs of all San Rafael households.
Policy EDI-3.3: Acquisition and Rehabilitation
Support efforts by local community-based organizations and other housing organizations to acquire private market rate apartment complexes and convert them to
affordable housing using state and federal tax credit programs , or create community land trusts to purchase existing housing in order to maintain it as affordable.
Policy EDI-3.4: Healthy Homes
Promote and ensure safe and sanitary housing and healthy living conditions for all residents, particularly lower income renters.
Program EDI-3.4A: Healthy Homes. Support programs and regulations that support healthier homes, including the abatement of toxic hazards such as
lead and mold, the use of non-toxic materials and finishes, and design features that improve ventilation and indoor air quality.
Policy EDI-3.5: Property Maintenance
Improve property maintenance and housing conditions in all parts of the city and encourage corrective rehabilitation of housi ng that is substandard or poses a
hazard to its occupants.
Program EDI-3.5A: Code Enforcement. Provide effective code enforcement efforts in all neighborhoods to abate unsafe or unsanitary conditions. Ensure
that the abatement of violations does not increase housing cost burdens or result in displacement of lower-income households.
Housing Element Policy Matrix * January 10, 2022 Page 28
Program EDI-3.5B: Rental Inspections. Continue the Periodic Housing Inspection Program and Residential Building Record (RBR) inspections to ensure
the safety and habitability of all housing units.
Policy EDI-3.6: Reducing Overcrowding
Work with local advocacy groups to evaluate the housing circumstances of immigrant and refugee populations in San Rafael, including overcrowdin g.
Determine appropriate implementation measures to reduce overcrowding without displacement.
Program EDI-3.6A: Incentives for Family Housing. Consider density bonuses and other incentives for three-bedroom affordable rental units in new
construction to meet the need for housing suitable for larger families and extended households.
Policy EDI-3.7: Emergency Housing Services
Support agencies and organizations that provide emergency shelter, housing, and other services related to the needs of vulner able communities, including
temporary housing for displaced persons and persons experiencing homelessness.
Program EDI-3.7A: Temporary Housing for At Risk Groups. Work with community-based organizations to develop and support temporary housing
solutions for lower-income immigrants, older adults, and other at-risk groups during and after an emergency
Housing Element Working Group Meeting 1 * January 20, 2022 1
MEETING DATE: January 20, 2022
AGENDA ITEMS: 5C
ATTACHMENT: 4
EXAMPLES OF HOUSING ELEMENT GOALS FROM OTHER CITIES
NATIONAL CITY
1. Encourage the development of a diverse housing stock that can meet the needs of National
City residents of all ages, abilities, and incomes.
2. Encourage and facilitate the construction of new housing consistent with the City’s RHNA
allocation.
3. Conserve the affordability of the existing housing stock and pursue strategies to address
displacement.
4. Enhance the quality of National City’s existing neighborhoods.
5. Promote and implement fair housing practices and equal access to housing opportunities for
all income levels.
6. Support programs for housing vulnerable and special needs populations.
7. Promote an economically viable, environmentally conscious, and socially equitable land use
and development pattern.
SACRAMENTO COUNTY
1. Provide an adequate supply of land for housing.
2. Reduce constraints to housing production.
3. Preserve existing housing and neighborhoods.
4. Improve housing opportunities and conditions for special needs groups.
5. Provide and maintain housing affordability.
6. Promote the efficient use of energy in residences through alternative and innovative
conservation measures.
7. Promote and affirmatively further fair housing opportunities for Sacramento County residents
WEST HOLLYWOOD
1. Provide affordable housing.
2. Maintain and enhance the quality of the housing stock and residential neighborhoods.
3. Encourage a diverse housing stock to address the needs of all socioeconomic segments of the
community.
4. Provide for adequate opportunities for new construction of housing.
5. Provide for a government environment that facilitates housing development and preservation.
6. Affirmatively furthering fair housing for all.
Housing Element Working Group Meeting 1 * January 20, 2022 2
SANTA MONICA
1. Production of new housing that is sustainable, innovative, safe and resilient, appropriate with
the surrounding neighborhood, offers opportunities for active and healthy living, including
walking and biking, and increases equitable housing opportunities.
2. Housing production for all income categories including for the community’s workforce and
most vulnerable communities.
3. Preservation of the existing supply of housing and prevent displacement of existing tenants.
4. A community that provides equitable housing access to all neighborhoods.
5. Housing for persons experiencing homelessness.
6. Provision of housing assistance and supportive programs and services to extremely low-,
very low-, low-, and moderate-income households and households with special needs,
families, seniors, and the homeless.
7. Eliminate housing discrimination on the basis of race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, age, marital status, national
origin, ancestry, familial status, income level, source of income, disability, veteran
or military status, genetic information, or other such characteristics.
SAN LEANDRO
1. Provide housing opportunities and improve economic access to housing for all segments of
the community.
2. Increase the supply of ownership and rental housing in San Leandro affordable to extremely
low, very low, low, and moderate income households.
3. Encourage the preservation and rehabilitation of the existing affordable housing stock.
4. Ensure that local housing programs are administered in a way that maximizes benefits to San
Leandro residents.
5. Provide opportunities for low- and moderate-income San Leandro households to become
homeowners, and support efforts to help such households retain their homes in the event of
financial crisis.
6. Create a healthy environment in all San Leandro homes.
7. Proactively address the special housing needs of the community, including seniors, disabled
individuals, single parents, large families, and the homeless.
8. Reduce potential constraints that increase the cost or feasibility of new housing development.
9. Ensure that all persons, within their abilities and means and without discrimination, have
freedom of choice as to where they live.