HomeMy WebLinkAboutCC Resolution 15478 (Declaration of Shelter Crisis and Approval of Related Actions and Aquisition of the Property at 350 Merrydale Road)4926-4741-9768 v1
RESOLUTION NO. 15478
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING A
SHELTER CRISIS PURSUANT TO GOVERNMENT CODE SECTION 8698, ET SEQ;
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: NOT A
PROJECT PER CEQA GUIDELINES 15378(b)(2),(4),(5); ALTERNATIVELY EXEMPT
PURSUANT TO CEQA GUIDELINE 15061(b)(3) [COMMON SENSE]; 15269(c)
[EMERGENCY]
WHEREAS, the City of San Rafael (City) and Marin County lack both housing supply and
affordable housing. The City’s 2023-2031 Housing Element, the Marin County Civil Grand
Jury’s 2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a
2025 analysis of anti-displacement strategies for Marin County, document these unfortunate
realities, as well as the negative consequences of insufficient housing opportunities; and
WHEREAS, for instance, the Rooted in Marin report noted that Marin County has the third
highest median rental rate in California and the cost of purchasing an average home is more
expensive in Marin County than every metropolitan area other than the San Jose Metro Area
(Rooted in Marin p.20); and
WHEREAS, as a result, roughly three in five Marin renter households are cost-burdened,
meaning they dedicate more than 30 percent of their income on housing (Rooted in Marin p.21);
and
WHEREAS, the lack of new housing stock has led to rising Marin County median housing
prices, which increased by over $1 million in the eight-year period between 2013 to 2021, from
$966,000 to $1.91 million, a 98 percent increase (The Worrisome Future of Marin Housing, p.9);
and
WHEREAS, over that same period median household income in Marin County only increased
by 45 percent; and
WHEREAS, the high cost of housing in Marin County is largely due to a lack of housing supply,
which is the result of a dearth of housing construction in recent decades; and
WHEREAS, the adopted San Rafael 2023-2031 Housing Element (Housing Element) states that
San Rafael had 1,247 vacant units in 2010 and 1,163 vacant units in 2020.10 As a percentage
of total housing stock, the vacancy rate declined from 5.2 percent in 2010 to 4.7 percent in
2020. This is lower than the vacancy rate in Marin County, which was 7.2 percent in 2010 and
6.6 percent in 2020.; and
WHEREAS, the Housing Element found that San Rafael renters are considerably cost-burdened
(spending more than 30 percent of one’s income on housing), with 55 percent of San Rafael
renters being cost-burdened and 21 percent of San Rafael’s renter households being severely
cost-burdened (spending more than 50 percent of their income on housing); and
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WHEREAS, the 2024 Marin County Point-in-Time Count identified 1,090 individuals
experiencing homelessness countywide, with 788 unsheltered. San Rafael had 326 individuals
experiencing homelessness, including 264 unsheltered; and
WHEREAS, per Marin County Health and Human Services, the County’s homelessness response
system currently supports approximately 235 shelter beds across multiple sites, including
individual, family, youth, domestic violence survivor, and temporary emergency response shelters,
along with 108 transitional housing beds. These available beds fall far short of meeting the need
identified in the 2024 Count; and
WHEREAS, further highlighting the need for emergency shelter beds, over the last three years,
the Ritter Center, which is one of the largest non-profits in Marin County serving the unhoused
community, found that only one out of four individuals they referred to shelter were accepted.
WHEREAS, since the implementation of Ordinance 2040 (Camping Ordinance) in October 2024,
which coincided with the opening of the City’s Sanctioned Camping Area, the City has actively
tracked homelessness-related Calls for Service (CFS) to assess enforcement impacts and public
safety outcomes; and
WHEREAS, the data shows that along the Mahon Creek Path, CFS decreased by over 80%
between FY 2023–24 and FY 2024–25 (256 to 49), and) and calls along Andersen Drive and
Lindaro Street fell by more than 50% (65 to 32); and
WHEREAS, these reductions demonstrate the effectiveness of targeted outreach, proactive site
management, and the City’s engagement with service providers; and
WHEREAS, the remaining CFS—primarily medical aid, welfare checks, and other safety-related
responses—underscore that individuals who remain unsheltered continue to experience ongoing
risks to their health and safety. For example, in the first quarter of FY 25-26 (July-September
2025) the SAFE Team responded to 794 calls for service, with 69% of those calls responding to
assist an individual experiencing homelessness; and
WHEREAS, activities carried out at unauthorized encampments may cause additional
sanitation, health and safety impacts to the surrounding community and natural environment;
and
WHEREAS, the complexity and magnitude of the homelessness crisis and the limited supply of
affordable permanent housing in the city of San Rafael demonstrate that there is a significant
and immediate need for interim housing in the City, including emergency shelters and low
barrier navigation centers, to protect the life, health, and safety of people experiencing
homelessness; and
WHEREAS, strict compliance with the provisions of state and local regulatory statutes,
regulations, and ordinances prescribing standards of housing, health, safety, and environmental
impact assessment may prevent, hinder, or delay emergency housing measures that could be
expedited through a Declaration of Shelter Crisis; and
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WHEREAS, pursuant to California Government Code Sections 8698 through 8698.4 (“Shelter
Crisis Act”), local jurisdictions may declare a shelter crisis when a significant number of
residents are without shelter and the situation presents a threat to their health and safety; and
WHEREAS, the City Council finds that immediate action is necessary to protect life, health, and
safety by enabling the City to promptly implement homeless shelters that meet reasonable
health and safety standards; and
WHEREAS, the City Council further finds that such immediate actions are necessary to mitigate
an imminent emergency due to the ongoing affordable housing shortage, for the purposes of the
California Environmental Quality Act (“CEQA”).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that:
1. Based on the staff report, staff presentation and public comment received, the City
Council hereby finds:
a. That the foregoing recitals are hereby true and correct; and incorporated by
reference; and
b. That a significant number of persons within the City are without the ability to
obtain shelter: and
c. That this situation constitutes a threat to the health and safety of those persons.
d. That the adoption of this resolution does not constitute a project as defined in
Public Resources Code Section 21065 because this resolution is simply a
declaration that existing conditions meet certain state law criteria. (See also
CEQA Guideline 15378 (b)(2), (4), (5).) Further, to the extent that it did
constitute a project, it would be exempt from further CEQA review pursuant to
CEQA Guideline 15061(b)(3) because there is no possibility that the declaration
of a shelter crisis may have a significant effect on the environment since it merely
is finding that existing conditions meet certain criteria. Finally, adoption of this
resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to
mitigate an emergency situation caused by the affordable housing shortage.
2. The City Council hereby declares that a shelter crisis as that term is used in Government
Code Section 8698(d) exists within the City of San Rafael.
3. This resolution shall take effect immediately upon adoption and shall remain in effect
until terminated by the City Council.
4. Any one of the reasons stated herein as support for the declaration of a shelter crisis
forms a sufficient basis on which to base that determination independent of any other
justification for the determination.
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I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said
City on Monday, the 17th day of November 2025, by the following vote, to wit:
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Lindsay Lara, City Clerk