HomeMy WebLinkAboutOrdinance 2057 (350 Merrydale Urgency Ordinance)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2057
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADOPTING REASONABLE LOCAL STANDARDS AND PROCEDURES FOR HOMELESS
SHELTERS PURSUANT TO GOVERNMENT CODE SECTIONS 8698, ET SEQ; CEQA
DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 65660(b),
65662; CEQA GUIDELINE 15378(b)(2), (4), (5); ALTERNATIVELY EXEMPT PURSUANT TO
CEQA GUIDELINES 15061(b)(3) [COMMON SENSE]; 15269(c) [EMERGENCY]
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 17th day of November
2025; a SUMMARY of Ordinance No. 2057 was published as required by City Charter in
the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 1st day of December 2025, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
2nd day of December 2025
LINDSAY LARA, City Clerk
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ORDINANCE NO. 2057
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADOPTING REASONABLE LOCAL STANDARDS AND PROCEDURES FOR HOMELESS
SHELTERS PURSUANT TO GOVERNMENT CODE SECTIONS 8698, ET SEQ; CEQA
DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 65660(b),
65662; CEQA GUIDELINE 15378(b)(2), (4), (5); ALTERNATIVELY EXEMPT PURSUANT TO
CEQA GUIDELINES 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, as well as 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 shelter and low barrier
navigation center, 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 Shelter Crisis Act authorizes jurisdictions to adopt reasonable local standards
to expedite shelter development, including both emergency shelters and low barrier navigation
centers, while ensuring protection of health, safety, and sanitation; and
WHEREAS, on November 17, 2025, the San Rafael City Council adopted Resolution No. 15478
declaring a shelter crisis, finding that the number of individuals in San Rafael without shelter
constitutes a threat to their health and safety, and directing staff to return with an ordinance
establishing reasonable local standards and procedures consistent with Government Code
Section 8698; 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
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN
AS FOLLOWS:
DIVISION 1. FINDINGS
1. Based upon the duly noticed public hearing at the City Council meeting on November 17,
2025, to consider to consider adoption of this Ordinance, the City Council accepted all oral and
written public comment and the written staff report, the City Council finds that the above recitals
are hereby declared to be true and correct and are incorporated into this ordinance as findings
of the City Council.
2. The facts contained in the above recitals, the Shelter Crisis that has been declared in the City
of San Rafael pursuant to Resolution No. 15478 adopted on November 17, 2025, and
Ordinance No. 2056 conclusively demonstrate the urgent need to adopt this ordinance for the
immediate preservation of the public peace, health and safety.
3. Strict compliance with local building approval procedures and/or state or local housing,
health, habitability, planning and zoning, or safety standards, procedures, and laws in existence
at the time of adoption of this ordinance will prevent, hinder, or delay the City’s efforts to
mitigate the effects of its declared Shelter Crisis through:
a. expense and time necessary to obtain the required permits and design suitable
structures;
b. restricted development patterns under existing zoning code requirements;
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c. delay and staff resources necessary to satisfy the City’s Site Plan and Architectural
Review process; and
d. limits on the locations where the City can place homeless shelters.
DIVISION 2. ADOPTION OF LOCAL STANDARDS AND PROCEDURES DURING SHELTER
CRISIS.
A. Purpose and Scope.
The purpose of this Division is to establish reasonable local standards and procedures for the
design, site development, and operation of homeless shelters, as defined in this Division located
on City-owned or leased property within the City of San Rafael during the period in which a
shelter crisis is declared under California Government Code Sections 8698 through 8698.4 and
Resolution No. 15478, adopted by the City Council on November 17, 2025. These standards
provide flexibility for the City to act quickly to protect the health and safety of unsheltered
individuals while maintaining essential requirements for public health, sanitation, and safety.
B. Definitions.
“Homeless shelter” means overnight sleeping accommodations, the primary purpose of which
is to provide temporary shelter for the homeless. A homeless shelter may include supportive
and self-sufficiency development services..
C. Establishment of Homeless shelters on City-Owned or Leased Property
1. Notwithstanding any provisions of this Division to the contrary, during any period for
which the City Council has declared a shelter crisis within the meaning of Government
Code Sections 8698 et seq., a homeless shelter (as defined in this section) may be
constructed, established and operated on property owned or leased by the City of San
Rafael as a use by right.
2. Pursuant to Government Code Section 8698.4, the City Manager or her designee is
authorized to suspend any housing, health, habitability, planning and zoning, or safety
standards, procedures, or laws as applied to a City homeless shelter as defined in this
Division, except all such projects must comply with the 2019 California Residential
Code Appendix X, and California Building Code Appendix O, and any future standards
adopted by the Department of Housing and Community Development related to
emergency housing or emergency housing facilities. The City Manager, or her designee
is authorized to take any other actions consistent with and/or necessary for the
implementation of this ordinance.
3. Homeless shelters constructed or allowed under this section shall not be subject to the
Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13
of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with
Section 18200) of Division 13 of the Health and Safety Code), the Mobilehome
Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of
Division 2 of the Civil Code), or the Recreational Vehicle Park Occupancy Law (Chapter
2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code),
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except that disposition of any vehicle or its contents abandoned by its owner shall be
performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of
Division 3 of the Civil Code.
DIVISION 3. FILING WITH THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT.
Consistent with Government Code Section 8698.4(a)(2)(A)(i), the City Clerk shall file a copy of
this Ordinance with the California Department of Housing and Community Development (HCD)
within ten business days after its adoption.
DIVISION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The City Council finds that the adoption of this Ordinance is not a project within the meaning of
the California Environmental Quality Act (CEQA), as defined in Public Resources Code Section
21065 and Section 15378(b)(2), (4), and (5) of the CEQA Guidelines.
This Ordinance establishes administrative procedures and standards for the implementation of
an existing state program authorized under Government Code Sections 8698 through 8698.4,
which does not directly authorize or approve any specific development or physical change in the
environment.
Further, the adoption of this Ordinance is exempt from CEQA under Section 15061(b)(3) of the
CEQA Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this Ordinance, or its implementation, will have a significant effect on the
environment.
Finally, adoption of this Ordinance is exempt pursuant to CEQA Guideline 15269(c) as
necessary to mitigate an emergency situation caused by the affordable housing shortage.
DIVISION 5. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance and
each section, subsection, sentence, clause, or phrase of it, irrespective of the fact that any one
or more sections, subsections, sentences, clauses, or phrases may be declared invalid.
DIVISION 6. EFFECTIVE DATE; PUBLICATION.
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council
meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of those Councilmembers voting for or against same, in the Marin
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Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, Marin County, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk a certified copy of the full text of this Ordinance, along with the names of those
Councilmembers voting for or against the Ordinance.
KATE COLIN, Mayor
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 2057 was adopted at a Regular Meeting of the City Council of the
City of San Rafael, held on the 1st day of December 2025 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk