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HomeMy WebLinkAboutCD Housing Element Update 2015-2023Department: Community Development :1 Prepared by: Paul A. Jensen Agenda Item No: 4.b Meeting Date: January 5, 2015 City Manager Approval.-/ SUBJECT: Housing Element Update 2015-2023; Review of San Rafael General Plan 2020 Final Draft Housing Element Update; City of San Rafael, project proponent; File No. GPA14-001. (CD) RECOMMENDATION: Staff recommends that the City Council: a. Open public hearing and accept public comment; b. Adopt a resolution adopting an Addendum (#3) to the San Rafael General Plan 2020 Final Environmental Impact Report (Exhibit 1); and C. Adopt a resolution adopting General Plan Amendment GPA14-001 updating the San Rafael General Plan 2020 Housing Element (Exhibit 2). BACKGROUND: State Housing Element Law Since 1969, the Housing Elements has been one of seven mandatory elements required of local General Plans. A Housing Element must be prepared in accordance with the statutory requirements of the State Housing Element law. Further, this element is regulated by provisions under Article 10.6 of the Government Code (Sections 65580-65589.8), and is required to be reviewed by State of California Department of Housing and Community Development (HCD). Housing Element law (Government Code 65584) directs HCD to work with regional councils of government (the Association of Bay Area Governments [ABAG] for the Bay Area) to project regional housing needs (RHNA) and allocate a portion of this need to each jurisdiction in the region. The RHNA is the distribution of housing need by income level that cities are required to accommodate in their Housing Elements. Since the first RHNA in 1981, Housing Elements have been required to incorporate the allocation of projected regional housing need, which is typically addressed in a Housing Needs Assessment. Unlike the other State -mandated elements of a local General Plan, historically, the State requires that the Housing Element be updated every four - five years, which includes review and certification by HCD. Since 1981, the City has prepared and adopted five Housing Elements. The City has consistently been responsive and has received past Housing Element certification from HCD in a timely manner. Current Adopted Housing Element (2009-2014) The City of San Rafael's current 2009-2014 Housing Element was adopted by the City and certified by HCD in 2011. This Housing Element includes an update of housing -related data, additions to housing information and incorporation of policies for compliance with State mandates including Senate Bill 2 (2007). The Housing Element planned for a total capacity of 2,539 units to meet the previous RHNA of FOR CITY CLERK ONLY File No.: / Council Meeting: ALX Disposition: td 7 10 AJ.S/ ��� = � :: = 7[1i-11•ZAlll`►[1111=�!]r�l`►117=�:7�17��.7117 ''. • a 1,403, providing an adequate cushion or buffer. Where necessary, the Zoning Ordinance and Zoning Map were amended to implement the adopted Housing Element. Changes in the Housing Element Cycle and Review Process Several changes have occurred since the 2011 certification of our current Housing Element. These changes are summarized as follows: Following the passage of Senate Bill 375 (2008), housing and transportation planning have become linked with region -wide planning and programming strategies. Plan Bay Area, which was adopted by the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) in 2013, is the region's Sustainable Communities Strategy (SCS), which addresses regional housing and transportation growth. The linkage of ABAG and MTC through Plan Bay Area has extended the Housing Element planning period from four -five years to eight years in order to coincide with the timing of the Regional Transportation Plans (RTP) which is administered by MTC. Second, an HCD-certified Housing Element is now required in order to qualify for ABAG transportation improvement grant funding. To date, the City's currently -certified Housing Element has been instrumental in receiving approximately $2 million in funding from the Transportation Authority of Marin and One Bay Area grants to help improve local roads and other transportation infrastructure. 2. San Rafael's RHNA for this next Housing Element cycle (2015-2023) has been reduced by nearly 30 percent, from 1,403 units to 1,007 units. However, HCD recommends that jurisdictions identify enough residential capacity within their boundaries that is above and beyond the required housing numbers identified in each RHNA cycle, to help offset sites that may be developed at lower densities than identified in the capacity analysis. 3. The Housing Element must be in compliance with other more recent legislation including: Senate Bill 2 (emergency shelters by right), Assembly Bill 1866 (facilitating accessory dwelling unit development and Second Unit Law), Senate Bill 375 (compatibility with Sustainable Communities Strategy), Senate Bills 520 and 812 (Reasonable accommodations for persons with disabilities) and Government Code 65915 (State Density Bonus Law). San Rafael qualifies for and is pursuing a "streamlined review," process with HCD, which is one of the tools of the SCS. Failure to obtain certification exposes the City to legal challenges against the Housing Element through, among others: a) the possible suspension of the City's ability to issue building permits, grant variances and approve subdivision maps until the Housing Element is certified; b) a RHNA that becomes cumulative with the previous cycle; c) an additional requirement to complete a Housing Element update every four -five years instead of eight years for the next three planning cycles; d) an overall higher level of scrutiny from HCD; and e) loss of eligibility for Federal, State and local grants for transportation improvements. The deadline for a local jurisdiction to adopt an update of the Housing Element for this next cycle is January 31, 2015. City staff has been working with the our planning and housing consultants to set a schedule to meet the deadline. The steps in this update process are described as follows: Step 1- Completion of Housing Needs Assessment The City of San Rafael Housing Needs Assessment was completed in April 2014, which, as noted above, is the first step in the update process. This assessment is available on-line and can be accessed via the following link: http://docs,cityofsanrafael.oro/CommDev/Dlanninei/housing-element® update/HousingNeedsAssmt searcheable.pdf A summary of the key housing issues identified in this assessment is provided as follows: ➢ For this next 2015-2023 cycle, the City's RHNA is slightly lower (1,007 residential units). � The City's senior population ksincreasing. Nearly one-quarter ofSan Rafae'shouseholds are senior citizens. For this reason, there isenincrease insenior housing need and demand for "aQinQ-in-p|aue^ programs, � The City's homeless housing need for permanent emergency housing has increased, Based on the methodology that iuused todetermine this need (su nsus).thehousingneedis accommodate 175beds, � There continues to be an imbalance in ]obs and housing. A significant percentage of those employed inSan Rafael live elsewhere. � The City hs experiencing anincrease inthe disparity nfincome ofthe residents that rent versus residents that own property. Renters make upnearly one-half ofall households inSan Rafael but their median annual income ($44,646) in 2011 was less than one-half of the median annual income ($1O8.914)ofresidents that are property owners. � While household overcrowding has decreased inthe last decade (renter overcrowding dropped from 21.3% in 2000 to 12.4% in 2010), it continues to be an issue in certain neighborhoods. The update of the Housing Element must address and incorporate the existing and projected housing needs identified in this assessment. The assessment was reviewed by the Planning Commission on April 29.2U14� Step 2- Completion mfDraft Housing Element On August 1. 2014. the Draft Housing Bement and Background Report were completed and published on the City's website. The fonnsd, orgonization, content and summary of the Draft Housing Element is provided in the Project Description section of this report (below). DnAugust 12.2014.the Planning Commission conducted a public hearing on the Draft Housing Element, Following public comment and deliberation, the Commission directed staff to: a) complete e number of additional edits and chanQem, particularly to the element policies and programs; and b) submit the document to HCD for review. Step 3 - Review ofDraft Housing Element 6vthe State (HCD) On September 4, 2014. the Draft Housing Element and Background Report were submitted to HCD for review. On October 23, 2014. HCD contacted staff to request clarification and discuss minor changes the State needs bzsee inthe Housing Element. Staff completed these edits and returned the updated document to HCD. With these ohanges. HCD hos determined that the Draft Housing Element complies with State n*quirements, and on November 3. 2014, sent o letter to the City confirming this determination (Exhibit 3). The Housing Element will be considered compliant with State Housing Element law once adopted bythe City Council (noted above, the deadline is January 31.2U15)and submitted hoHCD. Step 4 -Final Draft Housing Element Review and Action 6vCity This project is uurnenUyetthis step in the process. The August 2O14 Draft Housing Bement and project description (below) have been revised to address the recommended changes by HCO. During this step, public hearings are conducted by the Planning Commission (held on December 9, 2014) and City Council to review and take action on the final Draft Housing Element. Step 5- Certification bmthe State (HCD Following City Council action adopting the Final Housing Bement and Background Report the document will beforwarded toHCDfor final certification. Should the City Council adopt the Housing Element, this step isexpected tobecompleted bymid-January 2015. Overview of Final Draft Housing Element Update The following project description provides an overview of the Draft Housing Bemend, its organizadon/formed and content. The final Draft Housing Bement and Background Report can be http://doos.cityofsanrafaeLorg/CommQev/planning/housing-element-update/�lousingElement- trackchanaes. odf httn:Hdocs.citvofsanrafae1.org/CommDev/planning/housing®element-update/AooendixB-trackchan aes.odf The Housing Element Update is not a "start -from -scratch" effort. There has been little change in housing inventory, housing need or community conditions since 2011, so the element update builds off of the currently -adopted Housing Element with targeted revisions. Therefore, the Final Draft Housing Element does not propose major edits to the current element. Further, with little development occurring in the past five years in San Rafael and a decreased RHNA, the Final Draft Housing Element does not propose a substantive change to the existing housing site inventory that would result in the need for new housing sites or property rezoning. In fact, as reported below, several sites were removed from the inventory. In addition, the updated data in the element addresses the findings of the Housing Needs Assessment. The most significant change has been the dissolution of the San Rafael Redevelopment Agency (RDA), resulting in the elimination or consolidation of a number of programs. Historically, the RDA has played a key role in administering and implementing the programs of the Housing Element. As noted above, the City is pursuing the "streamlined review" process through HCD, which consists of targeted revisions to the currently -adopted Housing Element to achieve that objective. Text edits are shown in redlines with new text underlined and strikethroughs for text being removed or relocated. Document Organization The document is structured to follow the currently -adopted Housing Element, which includes a section on the Housing Goals, Policies and Programs as the key component of the element. The corresponding sections of the plan have been pulled from sections in the City's General Plan Epilogue (or Appendices) and include strategies and background analyses. These sections have been organized into Appendix B (Background Report) and the City's General Plan will be amended to include Appendix B-1 through B-5 as described below. The 2015-2023 Housing Element is organized as follows: General Plan Housing Element Chapter - Policies and Programs This section outlines the strategies for promoting affordable housing in the City and provides a status update on the specific programs that were drafted for the currently -adopted Housing Element. As part of the 2015-2023 update programs were reorganized, consolidated and/or removed as described below. Appendix B — Background Report Housing Needs Assessment (Appendix B-9) — the Housing Needs Assessment is an analysis of demographic profiles, household profiles, special needs populations, housing characteristics and the RHNA. This section has received a complete update from the Housing Needs Assessment in the previous Housing Element, drawing data from the U.S. Census, HUD, ABAG and other sources. Although the data has been updated, changes are not reflected in redline edits. This was done to provide clarity in review and remove unnecessary impediments in the review of this document by HCD, City staff and interested parties. Housing Constraints (Appendix B-2) — the Housing Constraints section identifies governmental and non-governmental constraints that may affect the development of housing. The changes in this section have been redlined to show what has changed from the last Housing Element. Sites Inventory and Capacity Analysis (Appendix B-3) — this section provides an analysis showing how the City has planned for the required number of units to meet the RHNA. This section contains an inventory of sites zoned for residential use, and shows that the residential capacity of these sites can meet projected housing needs in each income level. The changes in this section have been redlined. This section contains an updated and reorganized discussion the sites inventory and capacity analysis. A more detailed discussion of the site inventory is provided below. Housing Resources (Appendix 8-4) — the Housing Resources section identifies the financial resources and administrative resources that are available to support the development of housing. Energy conservation opportunities are presented here, highlighting the City's effort to promote sustainability and the energy conservation programs that are available. Redlined changes show the revisions that have been made. Evaluation of Accomplishments under Adopted Housing Element (Appendix 8-5) — The Evaluation of Accomplishments section discusses accomplishments that have been made under programs adopted in the currently -adopted Housing Element. The updates are shown as redlined edits. Public Participation (Appendix 8-6) — The Public Participation section discusses public outreach efforts conducted as part of the update process. Summary of Edits Even though the Housing Element Update is presented in redline/strikeout format, the draft changes can be challenging to follow. To ease this review, a "roadmap" (Navigation of Edits and Changes) of the edits to the policies and programs has been prepared and is provided in attached Exhibit 4. In sum, the edits generally fall into the following categories: 1. Maintained (carried forward) The vast majority of policies and programs were maintained and carried forward. However, most were renumbered as part of the update. Updated, Refined or Consolidated Many programs have been refined to include the latest updates and consolidated to organize and simplify the streamlined review process. The most notable edits include program H -16d. Emergency Shelters which was updated and consolidated with other programs addressing transitional and supportive housing to show compliance with State Housing Element requirements and reflect provisions codified in Section 14.16.115 of the Zoning Code. The changes include a revision to Program H -18a (Inclusionary Housing Nexus Study), which requires that the City consider the preparation of a nexus study to: a) evaluate in -lieu fee requirements; and b) amend the inclusionary housing requirements in the Zoning Code to be consistent with recent court decisions. Lastly, with the 2012/2013 completion of the Downtown Station Area Plan and Civic Center Station Area Plan, Programs H -15a and H -15b have been added to include a program for each station area plan. Removed Since the dissolution of the RDA, programs that were the direct responsibility of that agency have been removed or consolidated with other element programs since they are no longer applicable (some programs related to the RDA were simply revised to remove the RDA reference). Other programs were removed if they were completed, did not have associated measureable policies, or are no longer relevant. Site Inventory As this process is simply an update to the currently -adopted Housing Element (and not a full re -write) there are no substantial changes to the site inventory, except for updates to specific sites that are now: a) in the process of being reviewed for development; b) approved for development; or c) being developed. Other changes include the "Marin Ventures" site (3833 Redwood Highway), which was removed from the housing inventory list as a result of the City's 2013 process to revise the Civic Center Station Area Plan and remove the Civic Center Priority Development Area (PDA). Only two new sites have been added to the site inventory, 930 Tamalpais Avenue (Whistlestop) and 1700 4'h St (G -Square), which was prompted by recent development interests and planning applications for housing on these sites. Since the publication of the first Draft Housing Element in August 2014, staff discovered several errors in housing site inventory list. The currently -adopted Housing Element site inventory located in the Background Report includes the "Camgros" property (2416-2432 5th Avenue) in Table B3.6 (Residential Sites) and the "Marin Commons" property (1600 Los Gamos Road) in Table B3.11 (Underdeveloped Mixed Use Sites). Both properties have been removed from the inventory because they are not currently zoned for residential use and development. The Camgros property is located outside the City limits (unincorporated) and requires Pre -Zoning and Annexation actions to pursue development. Regarding the Marin Commons property, this office campus is located in a customized Planned Development zoning district (PD1 590 District), which solely permits general and administrative office use. With the removal of these properties from the site inventory, the planned total housing unit capacity has been reduced to 2,183 units, which provides a comfortable buffer above the RHNA of 1,007 units. Please note that the corrections have been made to the Tables B3.6 (Residential Sites) and B3.10 (Underutilized Mixed -Use Sites) in the Background Report. However, Table B3.1 (summary table, page B3-1) was not corrected in the latest public draft, still showing a total housing unit capacity of over 2,400 units. This table will be corrected in the final, adopted document. Revisions Completed in Response to State HCD Review As noted above, in September 2014, the Draft Housing Element was submitted to HCD for review. While HCD conditionally -certified the Draft Housing Element on November 3, 2014, HCD staff review of the Draft Housing Element resulted in several minor changes and clarifications to the document. These edits were incorporated in the Final Draft Housing Element and Background Report (Appendix B). A brief summary of the key changes requested by HCD is provided as follows: ✓ New Policy H-19 (Energy Conservation and Sustainability) and new Program H -19a (Sustainability Policies and Programs) have been added to reinforce and provide an internal linkage to the General Plan Sustainability Element. ✓ An expanded discussion of the public participation process for this update has been provided in the Background Report. ✓ The timeframes for implementing several of the element programs were adjusted. ✓ For programs specific to homeless needs and emergency shelters, an expanded discussion of the City's role (specifically Economic Development) has been provided. ✓ An expanded discussion and explanation of the performance standards required for emergency shelters has been provided in the Background Report. Planning Commission Review and Recommendation On December 9, 2014, the Planning Commission held a third public hearing on the Housing Element Update process. At this meeting, the Planning Commission reviewed and considered public comment on the final Draft Housing Element. Public testimony was taken from 10 speakers, most in support of adopting the element. Following deliberation, the Planning Commission voted (6-0-1 vote, Commissioner Schafer absent) to recommend to the City Council adoption of the Housing Element Update (and EIR Addendum, discussed below) with the following changes and comments: 1. The Commission directed staff to make some minor edits to document to address necessary corrections to several tables and figures (maps). 2. The Commission recommended additional language to Policy H-13 (Senior Housing) on page 55 to reinforce the growing need for senior housing. Policy H-13 has been revised as follows: 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 aping in the community. Support development that provides housing options so that seniors can find suitable housing to rent or purchase. The Commission had a lengthy discussion about recent changes to the State Housing Element law triggered by Assembly Bill 1537 (Levine), which re -designates the Bay Area Metropolitan Statistical Area (MSA) category for Marin County from "metropolitan" to "suburban." This change in MSA category reduces the required "default" minimum zoning density to accommodate affordable housing from 30 dwelling units per acre to 20 dwelling units per acre. A detailed discussion of this recent law is provided in the ANALYSIS section of this report (below). The Commission acknowledged that the City's current zoning and final Draft Housing Element Update comply with this new law, but recommended no further action or changes to the City's current residential zoning densities for the reasons described in the discussion below. ANALYSIS Compliance with State Law The final Draft Housing Element Update is compliant with requirements set forth by State law (pursuant to Article 10.6 of the Government Code (section 65580-65590)) and consistent with HCD's streamlined update requirements as part of this fifth cycle, by: ✓ Effectively assessing the existing housing needs in San Rafael through an updated Housing Needs Assessment. ✓ Providing strategies to reduce any potential housing constraints, reflective of changing needs, resources, and conditions. ✓ Identifying and updating the necessary conditions to support the development and the preservation of an adequate supply of housing, including housing affordable to seniors, families and workers. ✓ Updating the inventory of sites to reflect changes since adoption of the 2009-2014 Housing Element (e.g., sites that have been approved for development, are currently under construction, or have been built out). ✓ Implementing programs identified in the previous housing element (e.g., Density Bonus provisions). ✓ Refining the Programs and Policies that provide the roadmap for promoting affordable housing strategies such as second units, mixed-use development, and housing for the disabled. Compliance with the City's Housing Needs Assessment As stated above State law mandates that local jurisdictions adequately plan to meet the existing and projected housing needs of all economic segments of the community. The Housing Needs Assessment identified a number of key housing concerns over the 2015-2023 planning period including the need for affordable housing, opportunities for small households and seniors and resources for special needs populations. Policies and programs in the Housing Element were updated to specifically address the housing needs in the City. For example the following policies directly relate to the key concerns identified above: ✓ Policy H-6. Funding for Affordable Housing ✓ Policy H-7. Protection of the Existing Housing Stock ✓ Policy H-11. House Sharing ✓ Policy H-13. Senior Housing ✓ Policy H-16. Second Units ✓ Policy H-12. Residential Care Facilities and Emergency Shelters Consistency with General Plan 2020 and General Plan Amendment Procedures As noted above, adoption of the Housing Element Update requires an action to amend the San Rafael General Plan 2020 (GPA14-001). Essentially, the action would replace the current Housing Element chapter and Appendix B with the update. This action is represented as a single amendment to General Plan 2020, which is presented in one resolution for City Council consideration (Exhibit 2). The process implemented for GPA14-001 is consistent with City Council Resolution No. 8379, which includes notification to appropriate agencies and neighboring jurisdictions. As proposed, the General Plan Amendment action required to adopt the updated Housing Element is consistent with and anticipated by the General Plan 2020. Independent of the State -mandate to update the Housing Element, Program H -1a encourages an annual review, which promotes updating the element. Relationship to Assembly Bill 1537 (AB 1537- Levine) Marin County is part of the greater San Francisco -Oakland -Fremont Metropolitan Statistical Area (MSA). The MSA designates areas/counties in the region in various categories; these categories influence the residential density obligations required by the State Housing Element laws. Given the immediate proximity to San Francisco, Marin County was included in the "metropolitan" category that is designated for San Francisco and Oakland. For metropolitan areas, the State Housing Element law requires that local jurisdictions plan for higher density housing in their Housing Elements, with a "default" minimum zoning density of 30 dwelling units per acre. Our currently -adopted Housing Element and zoning districts that permit higher density residential use comply with this default density. The default density of 30 dwelling units per acre is intended to facilitate the development of lower-income housing. In early 2014, Assembly Member Marc Levine authored AB 1537, which aimed at re -designating cities within Marin County with a "suburban" MSA category, thus changing the minimum default residential density standard (reducing the current default minimum zoning density of 30 dwelling units/acre to 20 dwelling units/acre) for Housing Element compliance. AB 1537 was crafted to affect or be applicable to Marin and other counties in an MSA with a population of less than 400,000 and a city population of less than 100,000. The bill was supported by both the State Senate and Assembly and was ultimately approved and signed by the Governor in September 2014. This new law, which amends Section 65583.2 of the Government Code, went into effect on January 1, 2015. This new law has some nuances: ➢ The new law does not impact or change the City's RHNA (1,007 units). The new law maintains a "status -quo" for residential zoning densities within '/z -mile of the two SMART stations, in effect on June 30, 2014. The new law is effective for eight years and will "sunset" at the end of this next RHNA cycle (2023). The approved and signed AB 1537 can be accessed and viewed at the following link: http://le info.legislature.ca.gov/faces/biliNavClient.xhtml?bill id=201320140AB1537 Staff has been tracking this bill from its initial stages through the Governor's approval. As passed, staff presents the following comments on this new law for which the Planning Commission considered and supported: 1. As the law sets a minimum default density of 20 dwelling units per acre, the City's current zoning districts that allow for higher density residential use and the Final Draft Housing Element comply with this new law. 2. With the exception of the '/z -mile area radius surrounding the two San Rafael SMART stations, this law provides the City an opportunity to "dial -back" the densities of our zoning districts that permit residential densities in excess of 20 dwelling units per acre. The zoning districts that allow residential use at densities in excess of 20 dwelling units per acre include: HR (Multiple -Family Residential)- up to 43 du/ac (net) O (Office)- up to 43 du/ac (net) GC (General Commercial)- up to 43 du/ac (net) RIO (Residential/Office)- up to 43 du/ac (net) C/O (Commercial/Office)- up to 43 du/ac (net) NC (Neighborhood Commercial)- up to 24 du/ac (net) All Downtown Districts- up to 72 du/ac (net) With the exception of the Downtown zoning districts, these zoning districts are broadly distributed throughout the City, including the area with the 1/2 -mile radius of the two SMART stations. 3. Should the City consider a "dial back" in the zoning densities for the above zoning districts, the State (HCD) would not require that our Housing Element be re -submitted for review and re- certification provided that all resulting changes meet the City's RHNA. For the purpose of review, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9 staff has assessed the following two scenarios that vvuu|d address a "dial back" in zoning Scenario 1: Assess the housing inventory sites citywide capping the zoning densities at 20 dwelling units per acre, excluding the housing inventory sites within }6-mi|eofthe two SMART stations (maintain current densities per the law). Under this scenaho. the planned total capacity of the housing inventory sites would be reduced to 1.605 unha, which would meet our current RHNA. Scenario 2: Assess the housing inventory sites citywide capping the zoning densities at 20 dwelling units per aore, excluding the housing inventory sites within: a) 1/2-mi|e of the two SMART stations (maintain current densities per the law); and b) the Downtown zoning districts. Under this scenario, the planned total capacity of the housing inventory sites would be reduced to 1,670 units, which would meet our current RHNA. The Planning Commission and staff do not recommend a "dial back" oforchanging the current zoning district residential densities for the following reasons: Affordable housing is very difficult to finance and build at lower densities. First, the cost to purchase land in PWmhn County is extremely high. 8auond, the financing that is required to subsidize an affordable housing project typically invo|ves competing for tax credit dollars which are biased to projects that yield a higher unit count. For this reason, K8uhn County does not compete well for securing tax credit dollars. 2. As noted above, this law will "sunset" in 2023. which coincides with the end of the next RHNA oyo|a. It is conceivable that the City's RHNAvi|| increase for the next cycle. 3. There isone major oih/wid*sideoffncttoa^dia|back^ofzoningdonaides Aathe zoning districts that permit higher density residential use are distributed citywide onfully-developed aitea, many properties would become non-compliant with their property zoning. There are many sites, and areas that are residential y'deve|opnd atdensities that exceed 20 dwelling units per acre. Major areas that would be impacted include: Downtown; the Canal neighborhood; the Lincoln Avenue corridor; segments of the PNonbaoito/Happy Valley neighborhood; Woodland Avenue; and segments of Terra Linda. In addition, a dial back of zoning densities is essentially a "down zoning" of properties, which requires significant outreach hoall effected property owners. The Housing Element should have anadequate cushion orbuffer of potentialhousing units above the minimum RHNA. A dial -back of zoning densities would significantly reduce the cushion/buffer that is included in the Final Draft Housing Element. An adequate buffer is critical for several reasons. First, every potential housing site has its own site conditions and constraints, including locational challenges. Applying and addressing these conditions and constraints generally impacts and/or reduces project size. Per the Housing Element |aw, if project is approved and built below the capacity projected in the housing site inventory, itmust bedemonstrated that the density can be made up elsewhere. Lasdy, it is prudent to include an adequate cushion or buffer to account for potential density bonus requests. Such requests have increased in recent years. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Act (CEQA) Guidelines, a General Plan Amendment action is subject to environmental review. The proposed amendments (update) of the Housing Bement and Background Report were carefully reviewed against the San Rafael General Plan 2020 certified Environmental Impact Report (Plan E|R). 2004. Based on this review and the completion of an Initial 8tudy, staff has prepared an Addendum (No. 3) to the Plan BR. The amendment components would not result in any new significant impacts or an increase in the severity of the impacts presented in the Plan BR. Therefore. an Addendum to the Plan E|R is appropriate and supportable for the amendment action. The BR Addendum No. 3 can be viewed on the City's Housing Element vvebpuge, which can be accessed bythe following link: htto://docs.citYofsanrafael.org/ComDev/clannin_ /housing-element-update/HousingElement- EIRAddendum.�df PUBLIC PROCESS & OUTREACH Notice of this meeting was mailed to all interested and affected parties 15 days prior to the meeting date. The list of those notified includes representatives from all of the neighborhood and homeowner associations, special interest groups (environmental, business and housing organizations), neighboring agencies and utilities. Correspondence received to date is attached (Exhibit 6). During the update process, a number of public meetings and meetings with special interest groups were held to receive feedback about housing needs in San Rafael, and to present the approach to the Housing Element update. A summary of the public participation process for this update is provided in the pages 136-1 and 136-2 of the Housing Element Background Report. Consistent with Senate Bill 18 (SB18), when processing a General Plan Amendment, the City must consult with the local Native American tribe to determine if there is interest in Tribal Consultation. An offer of Tribal Consultation was made to but the City did not receive a response from the local tribe (Federation Indians of Graton Rancheria). FISCAL IMPACT: The Housing Element Update includes a number or programs that will require implementation. Several of the programs are short-term and will be initiated during this fiscal year. Implementation of all Housing Element programs will require City staff time and expenditures for assistance from a planning consultant. The expenditures required to cover the cost of program implementation will be paid from the General Plan Special Revenue Fund, which is a revolving fund (#218) that is separate from the City's General Fund. The implementation of the short-term programs will cost approximately $50,000 for this fiscal year. The current balance and projected fiscal year revenues for this fund will adequately cover this expenditure. OPTIONS: 1. Adopt General Plan Amendment GPA14-001 as recommended; 2. Adopt additional amendments in the action of adopting General Plan Amendment GPA14-001; or 3. Refer General Plan Amendment GPA14-001 back to staff for changes and additional amendments. ACTION REQUIRED: 1. Adopt Resolution adopting an Addendum to the San Rafael General Plan Final Environmental Impact Report (Exhibit 1), and 2. Adopt Resolution adopting General Plan Amendment GPA14-001 (Exhibit 2). EXHIBITS Exhibit 1: Resolution adopting an Addendum to the San Rafael General Plan 2020 Final Environmental Impact Report (Addendum No. 3); Exhibit 2: Resolution adopting General Plan Amendment GPA14-001 Exhibit 3: Letter from State of California Department of Housing & Community Development (HCD); November 3, 2014 Exhibit 4: "Road Map" — Navigation Table Exhibit 5: Correspondence received to date Exhibit 6: Public Hearing Notice HEUpdate.CC rpt 1 5 15 RESOLUTION NO. 13862 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING ADDENDUM. NO. 3 TO THE CERTIFIED SAN RAFAEL GENERAL PLAN 2020 FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) (SCII# 2003052031) PREPARED FOR GENERAL PLAN AMENDNJENTGPA14-001 (HOUSING ELEMENT UPDATE- 2015-2023) The City Council of the City of San Rafael finds and determines that: WHEREAS, on November 15, 2004, the Sail Rafael City Council adopted Resolution No. 11064, certifying the San Rafael General Plan 2020 f"Inal Environmental Impact Report (General Plan 2020 FEIR), The General Plan 2020 FEIR is coinprised of the following: Draft FIR prepared by Nichols -Berman Environmental Consultants, February 2004: San Rafael General Plan 2020 BackgMUnd Report prepared by the City of San Rafael, April 2001 and updated August 2003; C - Response to Comments tri Orah FIR prepared by Nichols -Berman Environmental Consultants, August 2004; and WHEREAS, the FEIR assessed the physical enviroinuental impacts caused by implementation of the San Rafael General Plan 2020. The General Plan 2020 FEIR concludes that many of the significant envi roil menial effects can be stibstanti;ill L, y lessened through adoption of feasible motivation measures and that some of these effects would remain significant and unavoidable despite the adoption of all feasible rni i I unavol I I itigation rneaSUI-CS. The certification of the General Plan 2020 FEIR Was Supported by the following findings: 1. The FF'lk for the General Plan 2020 has been completed in compliance with CEQA: 2. The FEIR i:,legally sufficient, not only t'()r approval ofGeneral Plan 2020, but for all L, subsequent actions such as Rezonings. Pre -zonings, Annexations and revisions to the Sail C- V Rafael kItin icipal- Code and reClUlations a,, necessary to implement the provisions of the General Plan 2020; 3. The FEIR reflects the independent judL!tnent of the City of San Rafael and the City Council of the City of San Rafael, and WHEREAS, Subsequent to certifying the General Plan 2020 FEIR, on November 15, 2004, the San Rafael City COUncif adopted Resolution No. 11665 adopting the San Rafael General Plan 2020. The adoption of the San Rafael General Plan 2020 was supported by CEQA Findings of Fact and it Statement of Overriding Consideration (Appendix C to Resolution 11665) C-1 and approval of a Mitigation Monitoring and Reporting Program (MMRP, Appendix B to Resolution 11665); and WHEREAS, since 2004, the San Rafael General Plan 2020 has been zuriended numerous times. In processing and adopting subsequent amendments, the City has relied (.)it use of' the General Plan 2020 FUR for environmental review and clearance. In 2009, the City prepared and adopted an Addendum to the General Plan 2020 FEIR (Addendum No. 1), which assessed a General Plan Amendment to change the Plan -adopted traffic level of service (LOS) standard at z:1 the intersection of 3`1 and Union Streets; and WHEREAS, in 2O{). the City of San Rafael initiated u General Plan Amendment ({]PA11-001) which consisted of |) amending the Housin� Element for 2009-2014, 2) incoqporudn�onc* Sus��nubUi�y E��o�cni. �) Amending Conservation Element Policy (�0N-3. and 4)eliminating the Project Selection Process (PSP). The Addendum tothe General Plan 2020 FEIR (Addendum No.2) encompassed these policies and actions; and WHEREAS, in 2014. the City of San Ku[ue| initiated u General Plan Amendment (]PA14-001) to update the Uouying Element for the 3815-2023 planning period, requiring Addendum No.3 to the General Plan 2020 FEIR; and WHEREAS, as required by the California Environmental Quality Act K'EOA) OuideUnes, General F1un Amendment GPA14-001 is defined as u 'project' and is therefore Subject to environmental review. Given the components and scope of this project, it was determined that "tiering" fromthe General Plan 2020FEIR is appropriate and consistent with the CBUA Guidelines Section l5)52ill that: \� The project and its environmental topic meu/ are broadly covered and analyzed in the General Plan 2020 FEIR. 1 The project proposes u Gcnou| Plan &niex]nocni that is not site-specific or project - specific; it addresses amendments to Current policies that are applicable to the entire San Rafael Planning At -ca. The level of detail contained in this tier need not be greater than the program, plan or policy being analyzed. WHEREAS, Nfurther xuPPOrt^-tiehng'from the General Plan 2020 FEIR, the Initial Study has been prepared uh|izin(T dlc most Current CEOA Guidelines environmental checklist and oonsiJc�dthe following factors that consiik/icthe ^buscUne^for review: \. None of the components of the project result in any changes to land use assumptions or projections currently p»cuenkxj in the San Ru[ac| General Plan 2O2Oand analyzed in the General y|unB8l. 2Nochan�eaare toland use dcyign4ionaorduirrespecdvedooiiyand intensity puruoeters, nor are any changes proposed to adopted land use designations for individual 3. The project proposes no ckunoey to circulation (transportation/traffic) projections, policies o, implementing pro�rums thatwould result in changes to level of service conditions at intersections ora|on�ur�riu|a. WHEREA0, in preparing the Initial Studv, the project was reviewed against inupucts identified and nib@�km��m�i�|��in�eu�ificd(��nJ����@3K�O ). The purpose ofthis review was todetermine ifthe project *ouN ncyuh in: new significant impacts; an increase in the severity of impucts� or new or expanded mitigation measures from those analyzed and determined inthe General Plan EIB;and W0iEREAS, the project and the findings of the lniiiu] Study were assessed to determine whether an Addendum to the EIR, Supplemental EIR or Subsequent EIR would be appropriate to address environmental review for General Plan Amendment GP}\l4-OOi. Public Resources Code Section 21 t66 and CE(lf\ Guidelines Section 15162 set forth limited situations in which u Supplemental EIR or Subsequent EIR is required once all FEIR has been certified, Further, N CEQA Guidelines Section 15164 provides for preparation of an Addendum EIR if no Supplemental EIR or Subsequent EIR is required; and WHEREAS, as demonstrated in the preparation of an Initial Study and comparing the project activities and actions against the impacts identified and mitigation measures included in the General Plan 2020 FEIR, none of the conditions analyzed under the General Plan 2020 FEIR have changed, nor does the proposed project meet the criteria for preparing a Subsequent EIR or Supplemental EIR. Further, the project will not result in one or more significant effects not discussed in the General Plan EIR, nor does the project create substantially more severe significant effects than previously examined in the General Plan EIR. Therefore, the Initial Study supports and recommends an Addendum versus the preparation of a Subsequent EIR or Supplemental EIR. As a result, an addendum to the certified General Plan 2020 FEIR (Addendum) was prepared; and WHEREAS, on November 14, 2014, Addendum (No. 3) to the San Rafael General Plan 2020 FEIR was prepared for General Plan Amendment GPAI4-001; and WHEREAS, on December 9, 2014, the Planning Commission reviewed and considered Addendum No. 3 for General Plan Amendment GPA14-001, along with the previously certified General Plan 2020 FEIR and all applicable mitigation measures therein. On a 6-0-1 vote (Commissioner Schafer absent), the Planning Commission adopted Resolution 1408 recommending to the City Council the adoption of EIR Addendum No. 3; and WHEREAS, on January 5, 2015, the City Council reviewed and considered the Addendum No. 3 for General Plan Amendment GPA14-001, along with the previously certified General Plan FEIR and all applicable mitigation measures therein; and WHEREAS, the custodian of documents, which constitute the record of proceedings upon which this decision is based, is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the Addendum No. 3 to San Rafael General Plan 2020 FEIR for the General Plan Amendment GPA14-001 based on the following findings, and hereby reaffirms the findings made by the City in adopting Resolution No. 11664 (listed above) certifying the General Plan 2020 FEIR: CEQA Section 21166 and its corresponding CEQA Guidelines Sections 15162 and 15163, provide that once an EIR has been prepared, no subsequent or supplemental EIR shall be required by the lead agency unless: (a) substantial changes are proposed in the project, requiring major revisions in the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) substantial changes arise in the circumstances of the project's undertaking, requiring major revisions in the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (c) new information, which was not known and could not have been known at the time the EIR was certified, shows any of the following: ➢ The project will have one or more significant effects not discussed in the previous EIR; Significant effects previously examined will be substantially more severe than shown in the previous EIR; ➢ Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or ➢ Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline the mitigation measure or alternative. 2. CEQA Guidelines Section 15t64(a) provides that a lead agency shall prepare an Addendum to a previously certified General Plan 2020 FEIR if sorne changes or additions to the certified EIR are necessary but none of the conditions calling for the preparation of a supplemental EIR have occurred. Based on the analysis and documentation in Addendum No. 3 and the supportive Initial Study environmental checklist prepared for the proposed project, none of the situations described in CEQA Section 21166 and CEQA Guidelines Sections 15162 and 15163 apply here. Based on the results of the supportive Initial Study environmental checklist, the City has concluded that the proposed project would not result in new significant adverse impacts nor an increase in the severity of impacts identified and studied in the certified General Plan 2020 FEIR. None of the conditions requiring a supplemental or subsequent EIR exists and the Addendum has been prepared in compliance with CEQA. 3. The Addendum has been prepared in accordance with CEQA, the CEQA Guidelines, and the provisions of the City of San Rafael Environmental Assessment Procedures Manual. 4. The Addendum has been presented to the Planning Commission and City Council, who have reviewed and considered the information in the Addendurn and the certified General Plan 2020 FEIR prior to approving the Project Approvals. 5. The Addendum No. 3 and the certified General Plan 2020 FEIR reflect the City's independent judgment and analysis. The foregoing resolution was adopted at a regular meeting of the San Rafael City Council held on the 5th day of January 2015. AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough, and Mayor Phillips NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HUEUpdate.CCreso CEQA 1 5 15 (Adopted) ESTHER C. BEIRNE, City Clerk 4 RESOLUTION NO. 13863 RESOLUTION OF THE SAN R&FAEL CITY COUNCIL ADOPTING AN AMENDMENT TO THE SAN RAFAEL GENERAL PLAN 2020 UPDATING THE HOUSING ELEMENT (HOUSING ELEMENT 2085-2023) GX^Al4-OOI The City Council ofthe City nfSan Rafael finds and determines that: WHEREAS, on November 14, 2004' the City of San Rub/J adopted Resolution Nos. 11664 and 11605 certifying the San Rafael (3cncmJ Equn 2020 Final 2xvio*nnoenkU Impact Report (General Plan 2020FETk) and adopting the Sun Bu[uc\ General Plan 2020 ({}cncru| Plan 2020); and WHEREAS, The Ocneod Plan 2020 in connposcd of numerous elements, sections and supportive background data.. including a Housing Element, which is required by State |mv. California State Government Code Section 65588 requires that local jurisdictions periodically review and update its Housing Elernent; and WHEREAS, since the 2004 adoption of the General Plan 2020. the City has adopted noxnerouy amendments to the Plan consistent with the provisions of State Government Code Section 65358. The State law ,ccnanizcs that the General Plan is intended to be amended periodically in that over |ioe. there are changes in: a) conditions and circumstances; b) regulations and laws; and o) community goals and policies. Accordingly, General Plan Amendment GPA14-01 was initiated by the City to update the Housing Element following current statutory requirements. this update represents the third cycle for and second amendment to the General Plan 202OHousing Element. The 6oi amendment to the General Plan Housing Element in 20]] covered m four -five-year planning period between 2009 and 2014. This second amendment, as required by the California Department of Housing and Community Development (I8C0) and State Housing Element law. must cover the next eight-year period. tiono 2015 to 2O23;und WHEREAS, this om]u|c was initiated with the preparation of the San Ru[uc| Housing Needs Aascaannun| (Needs }\sacaomenn, which was completed in April 2014. The Needy Assessment confirmed the City's Regional Housing Needs Allocation (R8N/\) for the next cycle (2015-2023) and housing needs to address, arnong others, an increasing senior citizen population, an imbalance in jobs and hoosio�. and homelessness. The ��ccds��aaeyanuentwas presented to and reviewed bythe P|annin�Cornnoiooinnon'�prU29,2O[4;and WHEREAS. on August l` 2014. the [}ndt Housing Element Update and supportive Background Report (Appendix B) were published. On August 12. 2014. the Planning Commission conducted a public hearing accepting public comments on the draft document. Following public oonomcn| and deliberation, the Planning Commission directed staff to complete additional edits and submit the Draft Housing Element to HCD for review; and WHEREAS, consistent with State Government Code Section 05505, the Draft Housing Element was submitted to HCD for review and comment. HCD staff reviewed the draft doounneni, have me| with City staff to discuss the content and reconnmendudona, and provided U written comments on the element. As a result, revisions were made to the proposed amendments, which are reflected in latest Final Draft Housing Element and Background Report; and WHEREAS, on November 3, 2014, HCD confirmed that the draft document, as revised complies with the State requirements; and WHEREAS, additional edits were made to the draft document to address comments from the Planning Commission and HCD, which have been finalized and completed as the Final Draft Housing Element and Background Report, published on November 21, 2014, dated December 9, 2014. The key changes presented in the update are summarized as follows: The dissolution of the San Rafael Redevelopment Agency in 2012 has resulted in changes that reference funding and management by this agency. The responsibilities previously held by the Redevelopment Agency have been shifted to the Economic Development Division of the City Manager's Office, Community Development Department and other City departments and agencies, as appropriate. 2. The time frames for implementing certain programs have been updated and revised. 3. Consolidation of duplicative programs and a relocation of programs to achieve efficiency in the presentation of material, and enhance readability and ensure consistency with the goals of the Element, 4. Revised Program H -7b sets the objective to conserve very low income rental units at risk of conversion. New Program H -7c sets objectives to monitor affordable units owned by non -profits as required by funding sources and by private entities as necessary pursuant to City inclusionary requirements. _S. New Program H -9c proposed coordination and outreach with organizations assisting persons with disabilities in finding housing. 6. A new Program H-llb is proposed to evaluate appropriate zoning regulations to support with the creation of a "Junior Second Units" provision, which will allow for the repurposing of existing space within a single-family dwelling unit to create a semi -private living space for a renter or care giver in conjunction with the owner - occupied unit. 7. New Program H -12d consolidates Existing Program H -16d (Emergency Shelters) and Existing Program H -16e (Transitional and Supportive Housing) and is refined to reflect zoning code amendment adopted with SB2 to allow shelters by right and to explicitly provide for transitional and supportive housing as a residential use. 8. Revised Program H -14c (Continue to Implement Zoning to Encourage Mixed Use), New Program H -17c (Waiver or Reduction of Fees), and New Program H -17d (Efficient Project Review) are amended and added, to address issues related to processing and permit procedures. 9. New Program H -1_5a consolidates existing Programs H -18g, H -21d, H -22a (High Density Infill Housing Near Transit), H -22b (Station Area Plans), and H -23a by proposing to complete the Station Area parking study and Transit Center relocation analysis in 2015 to address housing for the Downtown SMART station area plan. 2 lO. New Program B-l5b Civic Center Station Area Plan proposes to guide development around the station area through consideration for station access and transportation connection ofvarious modes, H. New Program 8-16u consolidates existing programs R -25u to B'25fand establishes objectives for second units. 12. New Policy H-17 (Regulatory Processes and Incentives for Affordable Housing) is proposed with consolidation of existing programs including B -21u (State Density Bonus Law), H -21c (Height Bonuses), H -25a to H -25f, and H -5b and H -18c. lI Refined B�|Aupropoa�sU�cd�vdVpx�nLofanIno|usionu?yBoonin�NexosStudy and evaluation of in -lieu fees. 14. New Program B -19a references the Sustainability Element to guide energy conservation and sustainability in housing development. 15. Some programs are proposed to be deleted because they have been: u) implemented; b) rendered obsolete doe W the diysn|odVn of Redevelopment, or c) done as n mutter Of Course and would be unnecessary to call out. l(i The Housino- Element Background Report Appendix W has been revised to incorporate updated data onpopulation dco.nrunkics.housing yr*Glea,and incomes; 4 -- household characteristics: Doos)n� Stock Characteristics; and Special Needs Populations, This report is organized to ruu1ub the State of California Department of Housing and ConnnnuniLy Development (FICD) format. Further, the |iaL of housing sites in this report has been updated to reflect the current sites available for development, Inaddition Nthe above, the Bou*in�B�mL i���a�m�r*f���u� �uniuu| cdLo to LcxL� �h� Housing EJ�n�nL Update does [�1 result in ��of the Changes to the adopted residential land use designations or their respective density 2. Changes o `� adopted �d use designations foror, �c rezoning of individual properties/sites-,or 3. Increase inthe housing projectionsfrom those projectionspublished inthe currently adopted Housing Element, The above amendment, General Plan Amendment GPA]4-00].is being brought forward for review and consideration; and WHEREAS, consistent with City Cnond| Resolution No. H379and State Government Code Section b535h, Gcncnd Plan AmendmenLGPA|4-00| has been processed consistent with adopted referral and scheduling procedures. As required, the project was referred to local agencies and utility/service districts for review and comment; and � WHEREAS, on March 26, 2014, in accord with California Government Code Section 65352.3(a), specifically the directive of Senate Bill 18 (SB 18), the Department of Community Development staff sent an offer for tribal consultation to the representatives of the Federated Indians of the Graton Rancheria (Federated Indians). Tribal consultation is required for all projects that propose an amendment to the local General Plan. The purpose of the tribal consultation is to consult with the local tribe representatives on potential impacts to Native American places, features and objects described in Section 5097.9 and 5097.993 of the California Public Resources Code. The prescribed 90 -day period was observed for the Federated Indians to respond to the offer, but the City received no response; and WHEREAS, following the initiation of the General Plan Amendment GPA14-001 application, the City commenced with environmental review of the project. Consistent with the California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael Environmental Assessment Procedures Manual, the appropriate steps were followed to complete environmental review of the project, which included: a) review of the certified General Plan 2020 FEIR to determine if it adequately assesses the environmental impacts of the project; and b) the preparation of an Initial Study to determine if the project would result in new significant impacts, and increase in the severity of the impacts, or new or expanded mitigation measures frorn those analyzed and determined in the General Plan 2020 EIR. As a result of this review, an Addendum to the General Plan 2020 FEIR (Addendum No. 3) was prepared. The City Council has adopted Addendum No. 3 by separate resolution; and WHEREAS, on December 9, 2014, the Planning Commission held a duly noticed public hearing on proposed General Plan Amendment GPA14-001, accepting all public testimony and the written report of the Department of Community Development. As part of the Planning Commission's deliberation, several edits were recommended to reinforce the need for senior housing (additional language to Housing Element Policy H-13, Senior Housing) and to respond to recent changes in the State Housing Element law (AB 1537, Levine). On a 6-0-1 vote (Commissioner Schafer absent), the Planning Commission adopted Resolution 1409 recommending to the City Council adoption of General Plan Amendment GPA14-001, including minor edits to the Housing Element text and Background Report along with additional suggested text to Housing Element Policy H-13 (Senior Housing). In response to AB1537, the Planning Commission recommended no changes to the document or to current City zoning district residential densities; and WHEREAS, on January 5, 2015, the City Council held a duly noticed public hearing on proposed General Plan Amendment GPA14-001, accepting all public testimony and the written report of the Department of Community Development; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED that the City Council adopts General Plan Amendment G14-001 amending the General Plan 2020 Housing Element (Housing Element Update 2015-2023) dated January 5, 2015, and on file with the Department of Community Development. This action is based on and supported by the following findings: The public interest would be served by the adoption of proposed General Plan Amendment GPA14-001 in that, regarding the amendments to the Housing Element, this action would comply with State law by ensuring that local housing data is updated regularly and by promoting a tracking system that measures progress 4 towards meeting housing kuggcis. Secondly, this action would implement Housing Benmn{ Program H -la (Annual Housing Element Review) by providing opportunities for public input and discussion in conjunction with the State requirements. Thind|y, this action would: |) introduce new policies and progruonek` address housing needs such as B -9c (Housing Opportunities for Persons Living with Disabilities) that promote coordination to help persons with disabilities find housing and B-l|b(Junior Second Units) that support the evaluation ofanaffordable housing option; 2) s{reuxdine the organization of programs through consolidation such as D - 16u (Second Units) and R'12d (Eonergcncy Shelters, Transitional and Supportive Housing) ; and 3) guide housing development around SMART station areas (B -15u and H -15b). In conclusion, adoption of the updated Housing Element would be in the best interest of the public as it would provide updated information and data on h000ing, Population unddcnnogrupbics' which is chdcu] in determining San Ku[ue)`o III id-undlon���rnmhousin�nc�daund�nu]s. 2 Adoption of General Plan Amendment GPA14'001 would not be growth inducing nor Would it be precedent setting in that the amendments to the Housing Element would not: |) rcso|| III changes to the adopted residential land use dcyianadoneor their respective density parameters; 2) result in changes to the adopted )and use desianu1iono for individual properties/sites; or 3) result in changes in the housing projections from those projections published in the currently adopted Housing BenmnL Further, the amendments to the 8nusincrBenncnt do not expand the City's planning area and nno|d therefore not induce new growth from that projected under the current General Plan 2O2O. 3. Adoption of General 91un Amendment GPA14-001 would be consistent and would not conflict with the related elements, �noJs, policies or programs of the Bun ku[uc| General Plan 2020 in that, as druKed, the unnended Dousing B|enncn1 would be consistent with: u) Housing �|�on�nt Prn�runo B'\u (Annual Housing Element Review) as itpresents un updated assessment o[housing conditions, data and issues, and provides opportunities for public input and discussion. 4. In reviewing and rendering recommendation on the amendments and update to the Housing Element, the City Council has considered recent chuu�eo in the State of California Housing Element |uw, spec\GcuUy, changes to State Government Code Section 655832(/\81537,Levine). The recent change in the law re -designates the Bay Area Metropolitan SLudabcu| Area (MSA) catc�ory for Marin County bmon ^'nneknpo|iinn" to ^suburbun." The suburban &88A category for Marin County changes the required "default dcna\iy" for zoning for high density hou^ingfroon u nuini/nunn of 30 dwelling units per acre to u nnininnunn of 20 d*cU\ner units per acre. However. theuhan-e in the minimum default density does not apply 1oresidential zoning densities (in effect on June 30. 20]4) that are within 1/2 -mile of the two Sun Rafael SMART stations (Downtown and Civic Center). Further, this |uvv is effective for eight years and will ^^sunset" in 2023. lnconsidering the law, the City Council recognizes that, while the law provides the City the opportunity to "dial -back" the densities in the currently -adopted zoning districts that permit residential densities in excess of the rnininiUrn'rcguinx] 20 dwelling units per acre, no changes should be made to these dia|duis for the following reasons: a. The currently -adopted City zoning districts comply with this law as those districts that allow higher densities, establish u noin\nouno density of 20 dwelling � units per acre. Further, the Final Draft Housing Element Update is consistent with this law; b. Affordable housing is very difficult to finance and build at lower densities. As the cost to purchase land in Marin County is extremely high, and the securing of tax credit dollars to projects that yield a higher unit count, the opportunities for building affordable housing become significantly reduced; c. As noted above, this law will sunset in 2013, which coincides with the next Regional Housing Needs Allocation (RHNA) cycle and it is conceivable that the City's RHNA could increase in the next cycle; d. As the zoning districts that allow residential densities in excess of 20 dwelling units per acre are distributed citywide on fully developed properties, many developed properties could become non-compliant with their property zoning. The City contains many sites and areas of San Rafael that are residentially - developed at densities that exceed 20 dwelling units per acre, which include, among others, Downtown, the Lincoln Avenue corridor, the Canal neighborhood and portions of Terra Linda. A reduction of zoning densities in these areas would constitute a "down -zoning," which requires significant outreach to all effected property owners; and e. There is a need to maintain an adequate cushion or buffer of potential housing sites above the minimum RHNA. A dial -back of zoning district densities could significantly reduce this cushion/buffer. The foregoing resolution was adopted at a regular San Rafael City Council meeting held on the 5t1i day of January 2015. AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough and Mayor Phillips NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HEUpdate.Meso GPA l 5 15 (Adopted) ESTHER C. BEIRNE, City Clerk I y'� 1 N 1�_ J41 y��yntlult DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. EI Camino Avenue, Suite 500 ° Sacramento, CA 95833 �'116) 263-2911 1 FAX (916) 263-7453EXHIBIT 3 rv.hcd.ca.gov November 3, 2014 Mr. Paul Jensen Community Development Director City of San Rafael 1400 Fifth Ave, PO Box 151560 San Rafael, CA 94915 Dear Mr. Jensen: 8 ECEI NOV o 2014 PLANNING ri Thank you for submitting the City of San Rafael's draft housing element update which was received for review on September 9, 2014, along with additional revisions received on October 31, 2014. Pursuant to Government Code (GC) Section 65585(b), the Department is reporting the results of its review. Our review was facilitated by a conversation on October 23, 2014 with you, Mr. Raffi Boloyan, Planning Manager, and Ms. Karen Warner, the City's consultant. The revised draft element meets the statutory requirements of State housing element law. The revised element will comply with State housing element law (GC, Article 10.6) when adopted and submitted to the Department, in accordance with GC Section 65585(g). The Department conducted a streamlined review of the draft housing element based on the City meeting all eligibility criteria detailed in the Department's Housing Element Update Guidance. The City also utilized ABAG pre -approved housing element data. To remain on an eight year planning cycle, pursuant to Senate Bill 375 (Chapter 728, Statutes of 2008) the City of San Rafael must adopt its element within 120 calendar days from the statutory due date of January 31, 2015 for ABAG localities. If adopted after this date, GC Section 65588(e)(4) requires the housing element be revised every four years until adopting at least two consecutive revisions by the statutory deadline. For more information on housing element adoption requirements, please visit our website at: http://www.hcd.ca.gov/hpd/hrc/plan/he/he review adoptionsteps110812.pdf. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. HCD Review of San Rafael's Housing Element November 3, 2014 Page 2 of 2 The Department appreciates the hard work and dedication of your staff and Ms. Warner in preparation of the housing element and looks forward to receiving San Rafael's adopted housing element. If you have any questions or need additional technical assistance, please contact Melinda Coy, of our staff, at (916) 263-7425. Sincerely, 61 fen AA.Ca�mmpora Assistant Deputy Director EXHIBIT 4 "ROAD MAP" — NAVIGATION TABLE AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014 2009-2014 Housing Element Program Recommendation in 2015-2023 Housin Element 1I-1 HOUSING DISTRIBUTION Policy carried forward as H-1. H-Ia. Annual Housing Element Review. Provide an annual assessment of Maintain program. housing element implementation through annual review of General Plan 2020. Provide opportunities for public input and discussion, in conjunction with State requirements. H -Ib. Housing Production. Monitor housing production annually to review Consolidate with Program H -la. achievements in meeting the community's housing goals. Monitoring housing production and measuring progress towards RHNA is already required as part of Annual Housing Element Report. H-2. NEIGHBORHOOD IMPROVEMENTS Policy removed H-2. Neighborhood Improvements — see NH -2a (ZoningOrdinance) Remove- no associated program. H-3. DESIGN THAT FITS INTO THE NEIGHBORHOOD CONTEXT Policy carried forward (renumbered to H-2) H -3a. Design Concerns of Single -Family Homes. Examine and amend, as Maintain program. (renumbered needed, zoning regulations and guidelines for single-family homes to address Program H -2a) 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. H -3b. Compatibility of Building Patterns. Adopt design guidelines to ensure Maintain program. (renumbered compatibility of neighborhood building patterns. Guidelines may address Program H -2b) 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 developin new re Mations and guidelines. H-4. PUBLIC INFORMATION AND PAWFICIPATION Policy carried forward (renumbered to H-3) H -4a. Neighborhood Meetings. Continue to require neighborhood meetings, Maintain program. Refine to as provided for by the City Council resolution for Neighborhood Meeting replace "require" with Procedures, for larger housing development proposals and those that have "encourage" (renumbered potential to change neighborhood character. Program H -3a). Discussion on the Citv's effort` in assisting a�plicattts set up meetings with the common {edited per HED H -4b. Information and Outreach on Housing Issues. Continue to provide Maintain program. (renumbered information to improve awareness of housing needs, issues and programs, and Program H -3b) 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 Department of Housing and Community Development. H-5. CITY LEADERSHIP Policy removed H -5a. Housing Element Update. Undertake housing element updates as Remove program. Done as required by law or generally every five years. matter of course, unnecessary to call out as program. H -5b. Constraints and City Incentives for Affordable Housing. As part of the Move to renumbered program five-year General Plan update, conduct a review by staff and development H -17d -Efficient Project Review experts of housing needs, financing, City processing and development (under new policy Regulatory incentives, and potential constraints and opportunities to create affordable Processes and Incentives for housing. Affordable Housing) rH" EXHIBIT 4 "ROAD MAP" - NAVIGATION TABLE AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014 .......... Redevelopments Implementation Plan. Update the Redevelopment _--- _ ------ - Remove program - no longer Agency's Implementation Plan, as required by State law or generally every applicable with loss of RDA. five years. H -5d. Expertise in Production of Affordable Housing. Contract with housing Remove program. Done as consultant(s) as needed to provide staff with the expertise to negotiate matter of course, unnecessary to affordable housing contracts and housing development proposals. call out as program. H -5e. Redevelopment p nt Agency Activities. Promote residential opportunities in Remove program - no longer the redevelopment area, where appropriate, through the Redevelopment applicable with loss of RDA. Agency. Specifically, develop a summary resource of development requirements for properties around the Downtown and Civic Center transit hubs, and other areas as needed. H -C. COORDINATE WITH OTHER JURISDICTIONS IN ADDRESSING Policy carried forward HOUSING NEEDS. (renamed and renumbered to H-4) H -Ca. Inter -Jurisdictional Housing Activities and Resources. Continue to Maintain program. (renumbered implement shared responsibilities, common regulations, coordinated lobbying Program 1 -I -4a) efforts and the housing data clearinghouse to efficiently and effectively respond to housing needs within the Cities and County of Marin. H-7. COMMUNITY COLLABORATION AND PARTNERSHIP Policy consolidated and carried forward (renamed and consolidated with A-4) H 7a. Cooperative Ventures. Encourage cooperative and joint ventures Retitled Community between owners, developers and community non-profit groups in the Collaboration (Program 1-1-4b), provision of affordable housing. Give technical assistance to non-profit a d provided more detail on developers by providing information on other local sources of funding for �njemcntatii>n (e iitct r affordable housing and introductions to other funders. EK, 12) H -B. HOUSING DISCRIMINATION Policy carried forward (renamed and renumbered to H-5) H -8a, Complaints. Continue to refer discrimination complaints to the Maintain program - integrate appropriate legal service, county, state or federal agency, or Fair Housing of within renumbered Fair Housing Marin. _ Program H -5a. _ _ H -8b. Nondiscrimination Clauses. Continue to provide nondiscrimination .... Remove program. Done as clauses for housing receiving City or Redevelopment Agency financial matter of course, unnecessary to assistance.call out as program. _._. ....... — - - H -8c. Fair Housing Laws. Designate the Community Development Director -- Maintain prograrn. (renumbered as the Equal Opportunity Coordinator in San Rafael. Ensure that written Program H -5a) 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. H-9. FUNDING FOR AFFORDABLE MOUSING. Policy carried forward (renumbered to 11-6 H - 9a. Housing Set -Aside Fund. Continue to utilize the Redevelopment Remove program-- no longer Agency's Housing Set -Aside Fund for affordable housing development to applicable with loss of RDA. increase, improve, and preserve the community's supply of housing affordable to low- and moderate -income persons. _ ...... _ --- .... H -9b. Trust Fund for Housing. Support efforts by the private sector, local Remove. Completed and employers and housing advocates to create a Housing Trust Fund to assist jgggLiage consolidated with, with the financing of affordable housing. Support efforts of the Housing renumbered Proa am,I"4-, r. Trust Fund to assist with the financing of affordable housing. This support HN EXHIBIT 4 "ROAD MAP" — NAVIGATION TABLE AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014 includes identifying sites that meet the funding requirements of the Marin j Workforce Housing Trust Fund, notifying the Marin Workforce Housing Trust staff of discussion and pending CD13G, HOME and tax credit applications that may require additional support, and including a link on the City website to the Marin Workforce Housing Trust Fund. H -9c. In -Lieu Fees for Affordable Housing. Dedicate in -lieu fees for Revised program - renumbered affordable housing, including rehabilitation, acquisition and design support Program H -6a. Expanded C for second units and infill housing. Dedicate a portion of the commercial in description, including projected lieu fees for housing for very low income households. funding amounts and objective to direct funding towards acquisition/rehab rather than new construction. H -9d. Technical Assistance to Housing Developers. Continue to provide staff Remove program. Addressed expertise and assistance to housing developers on methods and resources under renumbered Program H - available to reduce the cost of housing units. 4b Community Collaboration. H -9e. Funding Resources. Work with community and elected leaders to Maintain program. Added identify potential revenue sources that support local affordable housing objective to secure 2 new initiatives, and to leverage the City's and Redevelopment Agency's affordable funding sources (renumbered housing funds. Program H -6b) H -9f. Funding Applications. As opportunities for funding become available. Maintain program. (renumbered coordinate applications for State and Federal subsidies for affordable housing, Program H -6c) 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. H -9g. Waiver or Reduction of Fees. Continue to offer fee waivers and Move to renumbered Program reductions for applications including affordable units, consistent with 17c -Waiver or Reduction of Resolution 11025. Fees (under new policy Regulatory Processes and Incentives for Affordable Housing). H -9h. Funding for Very Low Income Housing. Work with Marin County, the Remove program. Addressed Chamber of Commerce and Marin Community Foundation to identify within renumbered Program H - approximately $1,000,000 for funding for housing for very low income 6b to pursue outside funding households. sources and a minimum of $200,000, and renumbered Program H -9d - Housing for Extremely Low Income Households. 11-10. PROTECTION OF THE EXISTING HOIJSING STOCK Policy carried forward (renumbered to H-7 H-IOa. Condominium Conversion Ordinance. As stated in the zoning Maintain program. (renumbered ordinance, prohibit conversion of existing multifamily rental units to market Program H -7a) 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. 11-1 Ob. Preserving Existing Rental Housing Affordable to Low Income Maintain program. Households through Ongoing Affordability Restrictions. Continue to work (Renumbered Program H -7b. with nonprofit housing organizations seeking to acquire and rehabilitate Preserving Existing Rental affordable rental housing units in order to maintain ongoing affordability of Housing Affordable to Low the units. Post and update as necessary information about the Redevelopment Income Households at Risk for 4-3 EXHIBIT 4 "ROAD MAP"- NAVIGATION TABLE AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 22, 2024 Agency's housing conservation program and other funding opportunities and �. Conversion). Updated scope. programs appropriate for nonprofit housing organizations on the City's Add that ihe City will monitor website.affcrrdal)ilit - ed_ite;er_1-I (i C _-- - ....... - H-IOc. Canal Housing Improvement Program. Work with the Canal Housing _.. Rene -program --RDA Improvement Program (CAHIP) citywide as a housing conservation program funding no longer available to to provide financial assistance for nonprofit housing organizations to acquire support. In _rated within and rehabilitate existing poorly maintained rental units and assure long-term remunbercd I�fogK m_%i-6a as an affordability of the units (see Program lO (b)). Post and update as necessary pjij jNe activity, information about the Redevelopment Agency's housing conservation program and other funding opportunities and programs appropriate for nonprofit housing organizations on the City's website. -- ..... ... .. ... .._.. _ -- H-IOd. Canal Affordable Safe and Healthy Housing. The Canal Affordable RDA funding no longer Safe and Healthy Housing (CASH) program was expanded citywide to available to support. Integrated provide forgivable rehabilitation loans to private owners in exchange for long- within renumbered Program H - term affordability of a certain portion of units. Information on this program 6a as an eligible activity. and other funding opportunities and programs appropriate for private rental property owners is posted on the City's website and updated as necessary. . _--- - H-IOe. Retention of Mobile homes and Preservation of Existing Mobile home Maintain program. (renumbered Sites. Retain where possible this type of housing, which includes the 400- Program H -7e) 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. H -I 1. HOUSING CONDITIONS AND MAINTENANCE Policy carried forward (renumbered to H-8) _ — _ H-1 I a. Apartment Inspection Program. To assure safe living conditions - _ Maintain program. (renumbered continue to enforce housing codes for all apartment projects three units or Program H -8a) }agger in size. H-1 Ib. Code Enforcement and Public Information Programs. Coordinate Maintain program. (renumbered housing, building and fire code enforcement to ensure compliance with basic Program H -8b) Integrate health and safety building standards and provide information about program prior Program H -12a rehabilitation loan programs for use by qualifying property owners. (investigate and abate illegal — ---._ . ....... — -- units) within program _. _— H-1 I c. Rehabilitation and Energy Loan Programs. Coordinate with other Refine program to focus on organizations, including the Marin Housing Authority and PG&E, to continue CDBG funded rehab and add to provide and expand rehabilitation loan and grant programs to eligible quantifies objectives for homeowners and renter households. assistance. (renumbered Program H -8c Residential Rehabilitation Loan Programs) H-1 I d. Volunteer Efforts. Continue to work with community service clubs Remove program. Im lQm( ratan and organizations on volunteer labor -assistance housing improvement but volunteer rgup has since programs for homeowners physically or financially unable to maintain their been disbanded, properties. Support such programs through volunteer coordination and assistance, T_ublic information cam aigns, and financial assistance. ....... ...... _. H -I Ie. Maintenance of Older Housing Stock. Pursue funding for conservation Remove program. Addressed and rehabilitation of the viable older housing units to preserve neighborhood under Residential Rehabilitation character and, where possible, to retain a supply of low- and moderate -income Loan Program (renumbered 14 - units. Allocate a portion of annual CDBG funds for the County Home 8c) and In -Lieu Fees for Rehabilitation program, which provides funding for owner -occupied homes Affordable Housing Program and group homes for the disabled. In addition, provide Redevelopment (renumbered H -6a) Agency funds to nonprofits to purchase and rehabilitate existing multifamily housing, and continue to require the recordation of long term affordability covenants on the property. H -I If. Relocation Assistance. Require applicants to provide certain limited Maintain program. (renumbered 4-4 EXHIBIT 4 "ROAD MAP" — NAVIGATION TABLE AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014 . ........... --- — ----------- ­­­­­­­­­­ — --- — ------------------------------- relocation assistance for low-income tenants displaced by development, .... ........... -- Program H -8d) —relocation including referring tenants to Marin Housing and providing cash compensation. Require notice of displacement to be distributed at least 60 Jays before the property is to be vacated. H-12. ILLEGAL UNITS Policy removed (consolidated into code enforcement programs) H-1 2a. Investigation and Abatement or Legalization o f Units Built without I tl Consolidated with Pro -ram H- c' Required Permits. Continue to investigate reported illegal units and abate or I lb -Code Enforcement and legalize where possible units built without permits or occupied in violation of I Public Information Programs. San Rafael's ordinances. 14-13. SPECIAL NEEDS Policy carried forward (renumbered to H-9) H- 13 )a. Adaptive Housing. Ensure compliance with State and Federal Maintain program. Additionally, requirements for accessible units. aim to conduct regular meetings with design and construction industry members. (Renumbered Program H -9a). Added more detail about the meetings the City holds to discuss ADA requirements (edited per HCD_) H -1 3b. Reasonable Accommodation. Review and amend zoningregulationsMaintain pro -ram (renumbered as necessary to provide individuals with disabilities reasonable Program H -9b). Add new accommodation in rules, policies, practices and procedures that may be Program H -9c -Housing necessary to ensure equal access to housing. The purpose of this is to Opportunities for Persons establish a specific process for individuals with disabilities to make requests Living with Disabilities - to for reasonable accommodation in regard to relief from various land use, specifically address needs of zoning, or building laws, rules, policies, practices and/or procedures of the persons with developmental City disabilities. 11-14. INNOVATIVE HOUSING APPROACHES Policy carried f6_nvard (renumbered to H-10) H -14a. Manufactured Housing. Continue to allow quality manufactured Maintain program. (renumbered housing in all zoninp districts which allow single-family Program H -10b) . ..... H- I 4b. Zoning for Live/Work Opportunities. Review implementation of Maintain program. (renumbered live/work and provisions in the Zoning Ordinance and amend as appropriate Program H- I Od) to ensure effective standards that encourage live/ ork projects. ............... 11-14c. Single Room Occupancy (SRO) Units. Actively promote existing Maintain program. Remove incentives for SRO apartments., such as no density regulations and lower reference to RDA Housing parking standards, in multifamily and mixed use districts in recognition of Funds. their small size and low impacts. Where needed, encourage linkages to social (renumbered Program H -I Oc) services. Continue to utilize Redevelopment Housing Funds as available to protect the existing SRO unit supply. - - — ---------------------- . ..... - - — ------------------- -------- - H -14d. Co -Housing, Cooperatives, and Similar Collaborative Housing Maintain program. (renumbered Development. Provide zoning flexibility through Planned Development rn, Program H- I Oa) 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. H-15. HOUSE SHARING Policy carried forward to H-11) H- I 5a. Home sharing and Tenant Matching Opportunities. Continue to Maintain program. Replace support, and consider increased participation in, the Shared Housing Project "Marin Housing Authority" with in collaboration with the Marin Housing Authority. "community partners." (renumbered Program -_1 1'a) 11-16. RESIDENTIAL CARE FACILITIES AND EMERGENCY Policy carried forward 4-5 EXHIBIT 4 "ROAD MAP" — NAVIGATION TABLE AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014 SHELTERS (renumbered to H-12) H -16a. Countywide Efforts to Address Homeless Needs. Work with other Maintain program. jurisdictions and agencies in Marin to provide emergency, transitional, and (Renumbered Program H -12a). supportive housing and assistance for families and individuals who are Clarify staffs role as homeless homeless. Continue to support and allocate funds, as appropriate, for coordinator for the County programs providing emergency, supportive, and/or transitional shelter and (edited per HCD) counseling services. H -16b. Good Neighborhood Relations Involving Emergency Shelters and Maintain program. Eliminate Residential Care Facilities. Where determined necessary during review of an reference to Use Permit. application for a Use Permit application, encourage positive relations between (renumbered Program H-I2b) neighborhoods and providers of emergency shelters and residential care facilities by requiring shelter outreach communication programs with the neighborhoods. H-I6c. Residential Care Facilities. Regularly update zoning regulations that Maintain program. (renumbered govern residential care facilities to conform to Federal and State laws and to Program H -12c) 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 rentals with access to market -rate services. H -16d. Emergency Shelters. Revise the zoning ordinance to allow emergency Refine program to reflect zoning shelters as required by State law. Continue to allow emergency shelters with a code amendment adopted use permit in areas zoned for office and commercial uses, including those consistent with S132 to allow areas designated as General Commercial, Retail/Office, Residential/Office, shelters by right and to Industrial, Light Industriall'Office, and Public/Quasi-Public on the Land use explicitly provide for Map. Amend the zoning ordinance to comply with State law and designate the transitional and supportive LI/O and other zoning districts south of Bellam and east of highway 580 housing as a residential use. where San Rafael's need for shelter beds as described in Appendix B may be (Renumbered Program H -12d). provided without a use permit or other discretionary city approvals, and with Amend zonin- code to clarity appropriate performance standards as allowed by State law. retirements that are �rniissive, rather tharf mandator under State law (edited per HCD . H -16e. Transitional and Supportive Housing. Amend the zoning ordinance, Consolidated with renumbered consistent with State and Federal law, to recognize transitional and supportive Program H -12d - Emergency housing as residential uses, subject to the restrictions and standards of similar Shelters, Transitional and residential dwellings in the same zone. Supportive Housing. 9-17. SENIOR HOUSING Policy carried forward (renurnbered to 11-13) H-1 7a. Assisted Living. Amend the zoning ordinance to provide regulations Maintain program. Evaluate for new assisted living housing. establishing inclusionary housing requirements for assisted living. (renumbered Program H -13a) H -17b. Deleted Remove. H -17c. "Age -in -Place" Assistance. Provide assistance to older residents who Maintain program. (renumbered want to remain independent and in their homes for as long as possible, such as Program H-13 b) 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. H-18. ADEQUATE SITES Policy consolidated and carried forward (renumbered to H-14) H -18a. Affordable Housing Sites. Encourage residential development in areas Maintain program. Rename appropriate and feasible for new housing. These areas are identified in "Residential and Mixed Use 4-6 EXHIBIT 4 "ROAD MAP" — NAVIGATION TABLE AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014 Appendix B, Housing Element Background, Summary of Potential Housing Sites Inventory" (renumbered Sites (available for view on the City's website). Program H -14a). Add that the Cix has employ different strategies to deliver information about development and these are ongoing and evolving {edited er HCD). H -18b. Efficient Use of Multifamily Housing Sites. Do not approve Maintain program. Zoning residential -only development below minimum designated General Plan ordinance amendment densities unless physical or environmental constraints preclude its completed. achievement. Residential -only projects should be approved at the mid- to (renumbered Program H -14b) 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. Amend the zoning ordinance to allow residential use as a permitted use in Downtown zoning districts. H -18c. CEQA review. Use CEQA exemptions for infill development Integrate within renumbered whenever possible. If environmental review is warranted, require the Program H -17d - Efficient appropriate level of review based on the environmental issues identified in the Project Review initial study. H -18d. Reuse of Commercial Sites. Encourage adaptive reuse of vacant Refine as "Continue to buildings and underutilized sites with residential and mixed use development Implement Zoning Provisions to on retail, office and appropriate industrial sites. In addition: Encourage Mixed Use" to a. Explore zoning regulation incentives to encourage lot consolidation where promote mixed use and higher needed to facilitate housing. density development within the b. Review zoning requirements for retail in a mixed use building or site, and Downtown. (Renumbered to amend the zoning ordinance as necessary to allow for residential -only Program H -14c.) buildings in appropriate mixed-use zoning districts. H-1 8e. Underutilized Public and Quasi -Public Lands for Housing. Explore Remove program - staff effective ways to share housing site information and developer and financing completed. information to encourage housing development of underutilized institutional lands (City, County, School District, Sanitation District, religious institutions, etc.). H-1 8f. Air Rights Development. Take an active role in evaluating the �€faintaiaa feasibility of air rights development and consider possible zoning incentives program. iRenumbered Program for such development. Encourage developers of affordable housing to utilize H -14d). Set timeframe of 2n20 air rights, such as above public parking lots or commercial uses Downtown. Leditedner HCD . H -18g. Revisions to the Parking Standards. Review parking standards, and Remove program. Downtown amend the zoning ordinance to allow for more flexible parking standards for parking analysis integrated housing development. Issues to study include the following: within renumbered Program H- a. Parking issues in neighborhoods with congested on -street parking. 15 - Downtown Station Area b. Reduced parking requirements for projects in close proximity to a SMART Plan. station. c. Tandem Parking. d. Residential parking in public lots and garages. e. Shared parking for mixed use. f. A parking reserve designated for parking if needed in the future, but in the interim, the area is landscaped or used as a tot lot or gardens. g. Designated, secure bicycle parking areas. h. Expanded or new parking district(s) to address parking issues around the new SMART stations. i. Flexible parking design in structures regarding minimum parking stall and aisle width dimensions. 4-7 EXHIBIT 4 "ROAD MAP" — NAVIGATION TABLE AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014 H -18h. Staff Consultation. Continue to provide developers conducting a Remove program. Done as feasibility analysis of potential housing development a consultation with staff matter of course, unnecessary to to identify potential design and/or zoning considerations, such as methods for call out as program. early discovery of historic resources and mitigation(s). H-1 8i. Las Gallinas Sanitary District Fees. Work with other local jurisdictions Integrated with renumbered to lobby Las Gallinas Valley Sanitary District to reduce fees for water for Program H -17c- Waiver or affordable housing and for second units. Reduction of Fees H-I8j. Housing for Extremely Low Income Households. To meet the needs of Maintain program. Eliminate extremely low income households, prioritize some set-aside funds and in lieu reference to RDA set-aside. fees for the development of housing affordable to extremely low-income (renumbered as Program H -9d) 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. H -18k. Lot Consolidation. To promote redevelopment of underutilized mixed- Integrated use sites and to provide more design options, amend the zoning ordinance to within renumbered Program II - provide a 12 foot (one story) height bonus where two or more lots are l 7b -- Height Bonuses. Lot consolidated into one parcel of at least 10,000 square feet. consolidation also addressed under Program H -14c --- Continug to Implement Zoning Provisions to Encourage Mixed Use H-22. INFILL NEAR TRANSIT (REFINED AND MOVED TO THIS NEW Policy refined and carried LOCATION) forward (renumbered to 11-1 5). Added timeframe for ro rams: 66 ne vear after the start of SMART servmcgj Iedmted Amer HGDs H-25SECOND UNITS (REFINED AND MOVED TO NEW THIS Policy refined and carried LOCA 770N) forward (renumbered to II -IN H-17. REGULATORY PROCESSES AND INCENTIVES FOR NEW POLICY with programs AFFORDABLE HOUSING consolidated from other sections (renumbered to 11-17) H-19. INCLUSIONARY HOUSING REQUIREMENTS Policy carried forward (renumbered to H-18 H -19a. Inclusionary Housing. Engage with the local development community Refine as "Inclusionary Housing and affordable housing advocates to evaluate the Inclusionary Housing Nexus Study" (renumbered Ordinance and in -lieu fee requirements for effectiveness in providing Program H -18a) affordable housing under current market conditions. Evaluate the Inclusionary Housing Ordinance in light of recent court decisions. Amend as necessary, consistent with State law. H-20. PROTECTION OF EXISTING AFFORDABLE HOUSING Policy carried forward (Programs moved and consolidated into other Policy sections) H -20a. BMR Resale Regulations. Continue to require resale controls on Maintain program. ownership BMR units to assure that units remain affordable to very low, low (renumbered/renamed as and moderate -income households. Continue to monitor database with Marin Program H -7d). Housing. H -20b. BMR Rental Regulations. Continue to require ongoing reporting for Maintain program, consolidate BMR rental projects to assure that these units remain at an affordable price under renumbered Program H - level. 7b (Preserving Existing Rental W. EXHIBIT 4 "ROAD MAP" — NAVIGATION TABLE AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014 Me Housing Affordable to Low Income Households) H -20c. "At Risk" Units. Continue to identify and monitor assisted properties Maintain program, consolidate at risk of conversion to market rate housing so that these units are retained to under renumbered Program H - the extent possible as part of the City's affordable housing stock. For housing 7b (Preserving Existing Rental that is identified as being at risk, monitor compliance with California Housing Affordable to Low Government Code Sections 65863.10 and 65863.11 including required Income Households) notifications to existing residents and the California Department of Housing and Community Development. Notify previously identified nonprofit organizations with the capacity to acquire the units. Support CDBG and HOME and other applications for Federal or State funding to assist nonprofit housing groups to acquire the units. The San Rafael Redevelopment Agency's 2010/11-2014/I5 Implementation Plan includes a housing conservation program to assist nonprofit housing organizations to acquire existing housin units, includin at risk units. H-21. DENSITY BONUS AND OTHER REGULATORY INCENTIVES Policy carried forward FOR AFFORDABLE HOUSING. (Programs moved and consolidated into other Policy sections or removed) H-21 a. State Density Bonus Law. Continue to offer density bonuses Maintain program. (renumbered consistent with the State Density Bonus Law. as Program H -17a). H-2Ib. Exceptions from Zoning Standards for Density Bonus Development. Eliminate program. State For density bonus development, provide limited zoning exceptions to allow density bonus requirements minor site adjustments from development standards (e.g. parking, lot presented in renumbered coverage, setback, height standards) to accommodate density bonuses for Program H -17a. affordable housing. The exception(s) should be subject to the type of housing, size and unit mix, location and overall design. Provide early design review to assist with design issues related to a height bonus. Explore amending the ordinance to a ply to projects smaller than five units. H-21 c. Height Bonuses. Continue to offer height bonuses for projects that Maintain program. (renumbered include affordable housing units as provided in Exhibit 10 of the Land Use as Program H -17b). Element. Explore appropriate locations for additional height bonuses where needed to encourage lot consolidations. H-21 d. Revisions to the Parking Standards. Consider amendments to parking. Remove program. Downtown standards and amend the zoning ordinance as necessary to encourage the parking analysis integrated creation of affordable housing units, consistent with the considerations in within renumbered Program H - Program H-1 8g (Revisions to Parking Standards). l5a - Downtown Station Area Plan. H-22. INFILL NEAR TRANSIT Policy carried forward (Policy and Programs moved to new H- 15 and consolidated) H -22a. Higher Density Infill Housing Near Transit. Study underutilized sites Integrated within comprehensive near transit hubs, SMART stations, and transit corridors that are not currently renumbered Program 1I -15a zoned for housing to evaluate potential for rezoning to allow high-density Downtown Station Area Plan residential uses. and new Program H -15b - Civic Center Station Area Plan. H -22b. Station Area Plans. Complete the Station Area Plans for the Downtown and Civic Center SMART station areas. Revise the Zoning Ordinance to im lement the recommendations of the final plans. H-23. MIXED-USE Policv carried forward (Programs moved and consolidated into other Policy sections) Me EXHIBIT 4 "ROAD MAP" — NAVIGATION TABLE AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014 H -23a. Zoning Amendments to Encourage Mixed -Use. Review existing Integrated within renumbered development standards to encourage housing development in mixed-use Program H-I4c — Continue to zones. Incentives can include reduced and shared parking based on the use Implement Zoning Provisions to mix and allowances for tandem, shared and off-site parking. Encourage Mixed Use, renumbered Program H -15a - Downtown Station Area Plan and new Program H -15b - Civic Center Station Area Plan. H-24. CONTRIBUTIONS TOWARDS EMPLOYEE HOUSING Policy carried forward (Programs moved and consolidated into other Policy_ sections or removed ) H-24 i. Jobs/Housing Linkage Ordinance. Continue to implement the Integrated within renumbered affordable housing zoning requirement for nonresidential development Program H -6a - In Lieu Fees for projects. Affordable Housing. H -24b. Employee Housing Opportunities. Work with businesses, public , -pr g_ . Inte rate agencies, and local school districts to seek opportunities to help employees within remembered Program II - find local housing, such as new construction, purchasing or leasing larger 4b- Communit Collaboration. facilities to provide local housing opportunities, mortgage buy -downs or subsidies, rent subsidies, etc. Seek the commitment of philanthropic and non- profit housing organizations and others to address employee -housing opportunities. H-25. SECOND UNITS Policy carried forward (Policy and Programs moved to new H- 16 where old programs were consolidated and new programs were added) H -25a. New Second Units. Encourage second units, including some second units as part of new single-family development. H -25b. Second Unit Assistance. Provide staff assistance to explain financing options, recommend design options to designers, assist property owners with preparing a rental management process, and guide property owners through the process of legalizing an illegal unit. Consolidated into single H -25c. Publicity. Promote second units through the City's newsletter, workshops, updates as needed of the Community Development Department's Program addressing second units second unit handout, and use of the City's website. (renumbered Program H ). Component addressing reduced H -25d. Required Parking for Second Dwelling Units. Explore zoning amendments to permit a waiver or reduction in the required off-street parking fees for second units integrated for second dwelling units. within renumbered Program H- 17c (Fee Waivers/Reductions). H -25e. City Fees to Reduce Second Dwelling Unit Costs. Amend the Citywide Traffic Mitigation Fee to waive the amount that is currently charged Create new program to adopt for second dwelling units, as a financial incentive and cost savings to property standards to facilitate junior owners. Implement a deferred and/or easy payment plan for required city second units (renumbered fees. Explore using the commercial in -lieu fees to subsidize second dwelling Program H-1 lb) unit fees. H -25f. Detached Second Dwelling Unit Stock Plans. Reduce barriers, such as design and permit fees, to building second units by developing a program to assist property owners who want to add a detached second dwelling unit on their property. Work with architects and residents to prepare stock plans appropriate for second units in San Rafael neighborhoods. 4-10 71 W December 3O'3Ol4 Honorable Mayor and Council Members San Rafael City Council l4OUFifth Avenue San Rafael, C&9490l RE: Revised San Rafael Housing Element Dear Mayor Phillips and Council Members, Sustainable San Rafael strongly supports your approval of the revised Housing Element, without significant alterations or delay. The Housing Element has been through a thorough process of public review. It needs to be adopted now io avoid tangible risks to the City, including a) reduced regional funds to address traffic issues; b) doubling the fiscal and political burdens of preparing the Housing Element by defaulting from an eight-year ioa four-year review cycle; and c) breaking faith with the public to provide a reliable, transparent planning process leading to thoughtful policies that address critical needs. San Rafael faces a crisis of housing affordability that the numbers in the Housing Element clearly show can only be met by building apartments and condominiums. Such housing choices are essential, especially for seniors, service workers, and young adults to continue to live in our community. The Housing Element simply assures San Rafael residents and businesses—and the state—that we have enough sites already zoned to provide these choices and accommodate the slow growth expected. It also includes athorough examination ofhow tomake housing more economically feasible here. The staff report to the Planning Commission on this item details multiple reasons why downzoning existing districts would reduce housing feasibility, invalidate years of public process embodied in the General Plan, endanger private investments made ioreliance onexisting zoning, and incur unnecessary City expenditures of funds and time. We urge you to accept the Commission's recommendation and approve the Housing Element with existing zoning intact. It is imperative that San Rafael retain and enhance the natural character of our open space and the economic, social, and aesthetic vitality o[our compact developed areas. Encouraging apartments nn infill sites close to commerce and transit accomplishes all these goals, while also reducing driving— the largest emitter of climate -altering greenhouse gas iothe county. Please act to maintain and extend San Rafael's proud tradition of sound, sustainable planning and social diversity bypassing the Housing Element now. r From: Joe O'Hehir < Sent: Monday, December 08, 2014 5:43 PM To: Jack Robertson Cc: Raffi Boloyan Subject: Housing Element Dear Jack: I'm contacting you with your Chair of the Planning Commission "hat" on. I'm requesting that the commission direct the city planning staff to place a greater emphasis on the importance of Section 1-1-1.3., Senior Housing, of the Housing Element for the following reasons: ® I in 4 residents are over the age of 60, with the increase to 1 in 3 within the next ten years. And, the fast growth segment of this population is over the age of 85. We are seeing life expectancy pushing up to the age of 80, then 90, and in the future to 100. ® 20,000 older adults have incomes under the Elder hconomic Index, which is $29,000 per year in Marin for a single person living alone in a rented apartment. And, the largest economic challenge they face is the cost of housing. The average annual social security check is around $12,000. ® Given these statistics the need for affordable senior housing is large now, and will continue to be greater within the next ten years. I'm also requesting that the title of Section 14-13b., "Aging in Place" be replaced by "Aging in Community" for the following reasons: ® While living at home is preferable to life in an institution, it can still feel like a hollow victory when it happens in a home that poses physical, financial, or emotional challenges and makes meaningful connections with others difficult, if not impossible. Without social interaction, meaning, and purpose, advanced aging in one's home, often alone, can result in diminishing choices and mounting levels of loneliness, helplessness, and boredom, - the same three plagues of nursing homes. As one 89 year-old woman in a recent study said, "The hardest thing about getting old is that the world around you dies before you do". We have over 13,000 older adults living alone, and 75% are women. ® The future of "Aging in Community" is about transforming how we age. It is focused on approaching aging, and aging well, within the context of community based support and services. As evidenced by research, we are better together than when we try to fly solo during life's third chapter. ® There is a growing movement, especially among America's inventive boomer generation, to explore new pathways, strategies, and challenges of how to age successfillly. This new trend is to not merely "age in place", but to age in community, for better health, enhanced quality of life, and a heightened sense of self -value and connection. ® The concept of aging in community is of critical importance because aging well is best achieved in social connectedness. And, if there are needs for support that develop, services alone are insufficient. What people really need is for natural social systems to work at an ideal level, which means self-care, care for each other, and systems of support in place that help individuals to remain connected, so that life remains emotionally and purposefully meaningful. Aging in community is compelling and relevant because it is at the core of how people live every day. ® hn the spirit of Aging in Community, there is a need for housing, and affordable housing, for the people who take care of older adults, and who are with them for the end of their journey. To that end, we recognize the need for more housing in Marin not just for our older adult residents, but for their caregivers. Our oldest citizens have given us a wonderftil gift- Marin County. Let's make sure that they can enjoy the fruits of their labor by giving back to them at their time of need. All of us need to be committed to finding ways to help older adults in Marin/San Rafael age in community and not simply age in place. It's our responsibility. Thank you for your time and for considering my request, Joe Joe O'I3ehir Chief Executive Officer, Whistlestop Marin Senior Coordinating Council 930 Tamalpais Avenue San Rafael CA 94901-3325 We all share in the responsibility to ensure thaat l ariu's older radults aage with diquity, grace, and iudepen(leuee. Please visit w)viy.ivhistlestop.org to learn more. From: Sarjit Dhaliwal Sent: Tuesday, December 09, 2014 6:08 AM To: Paul Jensen; Raffi Boloyan Subject: FW: Housing Element From: Dan Monte [ Posted At: Monday, December 08, 2014 4:18 PM Posted To: Community Development Internet Mail Conversation: Housing Element Subject: Housing Element Dear Commissioners Please adopt your Housing element without reducing affordable housing sites. 12-9-2014 am here today to speak on behalf of the workers who care for members of our community, maybe even relatives of those in this room, who because of disability require services. These workers need affordable housing here in Marin. recently retired from driving a paratransit bus, carrying folks from their homes to day programs, doctor appointments, shopping, or other such destinations. As a bus driver was paid about $15 per hour, rather handsomely compared to others serving the human needs of our residents. I am lucky that I have a local extended family that allows me to reside in Santa Venetia, close to work. There are few others doing this work so fortunate. I have met no one in the five years of driving that lives independently and locally. Most others travel for hours each day to provide us with service. I interviewed the director of a day program that serves over 100 clients daily. Their employee turnover rate is high in part because of this travel. One employee, a mother of two, recently stopped working at this agency to work near her home in Fairfield. I mention her because she cared for her clients with a skill and compassion unsurpassed by others. She and her husband, .who still works in Marin, and her children would have been an asset to any of our schools. She earned a science degree in her homeland and migrated here to work in our pharmaceutical industry. As happens her passion and employment changed to caring for our community members with disabilities. But her family could no longer afford Marin on this lower income, and after a few years of the long commute this working mother of two found a job close to her new home. Designating property available for housing affordable to such workers is a benefit to all of us. Those that build it are not as some people have said 'vultures', but are Community minded folks, professional and working class, providing a very needed service. I think everyone in this room can agree that we need planning—for affordable housing and a lot more. The food we eat, the roads traveled to get it here, and the electricity we are using today come not from Marin but from concentric rings of regiona planning, Respect -fully Dan Monte 33 Jefferson Ave, San Rafael, 94903 J- !�T,MN, ESi-2iRt{-id3e or December 30, 2014 Honorable Mayor and Council Members San Rafael City Council 1400 Fifth Avenue San Rafael, CA 94901 RE: Revised San Rafael Housing Element Dear Mayor Phillips and Council Members, Sustainable San Rafael strongly supports your approval of the revised Housing Element, without significant alterations or delay. The Housing Element has been through a thorough process of public review. It needs to be adopted now to avoid tangible risks to the City, including a) reduced regional funds to address traffic issues; b) doubling the fiscal and political burdens of preparing the Housing Element by defaulting from an eight-year to a four-year review cycle; and c) breaking faith with the public to provide a reliable, transparent planning process leading to thoughtful policies that address critical needs. San Rafael faces a crisis of housing affordability that the numbers in the Housing Element clearly show can only be met by building apartments and condominiums. Such housing choices are essential, especially for seniors, service workers, and young adults to continue to live in our community. The Housing Element simply assures San Rafael residents and businesses—and the state—that we have enough sites already zoned to provide these choices and accommodate the slow growth expected. It also includes a thorough examination of how to make housing more economically feasible here. The staff report to the Planning Commission on this item details multiple reasons why downzoning existing districts would reduce housing feasibility, invalidate years of public process embodied in the General Plan, endanger private investments made in reliance on existing zoning, and incur unnecessary City expenditures of funds and time. We urge you to accept the Commission's recommendation and approve the Housing Element with existing zoning intact. It is imperative that San Rafael retain and enhance the natural character of our open space and the economic, social, and aesthetic vitality of our compact developed areas. Encouraging apartments on infill sites close to commerce and transit accomplishes all these goals, while also reducing driving— the largest emitter of climate -altering greenhouse gas in the county. Please act to maintain and extend San Rafael°s proud tradition of sound, sustainable planning and social diversity by passing the Housing Element now. Sincerely. William Carney. President, Sustainable San Rafael January 3, 2015 LEAGUE OF WOMEN VOTERS OF MARIN COUNTY Housing Element Update 2015-2023 Mayor Gary Phillips and Members of the San Rafael City Council The League of Women Voters of Marin County commends the city's Community Development staff in the goals, policies and programs contained in the Housing Element Update 2015-2023. The League strongly supports the revised Housing Element as written and that you approve it tonight without major changes. It has already been through an extensive public review process, and further delay would serve no useful purpose. We recognize the City's analysis of San Rafael's housing need and would add that it's clear that the need is even greater than that planned for in this document. This plan has zoned sites for the apartments and condominiums necessary to provide housing for its young adults, service workers and seniors who deserve the opportunity to live, or continue to live, in San Rafael. Planning for such housing on infill sites is essential to the continuing diversity and growth of the City. We agree with the staff's reasoning against downzoning existing districts. We support the Planning Commission's recommendation and approve this plan that leaves the existing zoning intact. We urge you to support the Housing Element Update tonight. /s/ Suki Sennett First Vice President Esther Beirne From: Nancy Mackle Sent: Sunday, January 04, 2015 11:38 AM To: Nancy Mackle Cc: Jim Schutz; Paul Jensen; Esther Beirne Subject: Housing Element Dear Mayor and Council Below is something making its way around the City and there have been a few others sent directly to Paul that he has responded to on the proposed Housing Element update. Staff will be ready to respond to misconceptions such as this one if they arise Monday night and of course any questions from City Council. For Monday's agenda item, the sole reference to heights is the policy regarding the Downtown Station Area Plan, which recommends STUDYING additional heights around the SMART station. Building heights are addressed in the GP Land Use Element, which is not a part of this action on the Housing Element update. Nancy Event this SundaV! 67 apartments in San Rafael? "Hen discuss! ago I r�,;��,. 3 Dear neighbors, This Monday (in two days 01-05-2015) the San Rafael City Council will pass an update to the General Plan that will encourage 67 foot tall apartment complexes to be built without regard for the traffic implications or providing parking for the new residents. I fear that carpetbaggers will find a way to turn our fair city into an uninteresting interchangeable urban experiment. Like the failure in Corte Madera at WinCup. I know this is the last minute but this is serious. This will not benefit you, me, or San Rafael. Billed as "affordable" housing the beneficiaries (but it is not affordable housing but market rate housing) are multi -national real-estate consortiums and the major banks (BofA financed WinCup) not those of us that live here. We did not agree to it. Add the Chamber of Commerce (Citizens United / Republicans) who's past local presidents are now the Mayor and Vice -Mayor the Council definitely has a confirmation bias as their previous votes have been unanimous. Last month the draft housing document was hustled through the Planning Commission,The Chairman of the Planning Commission was the VP of Lermar Urban, (market cap of $8.82B) redeveloper of that huge Hunters Point Shipyard acreage and now a principal of a private equity group that benefits by high density projects ... and the public policy that makes it possible. WinCup was referred to as "the Boogyman" by a commissioner who is also in the density business. Conflicts or not, there is no one on the City Council willing to stand up for maintaining the character of the Downtown. I love this town. In fact, maintaining the character of San Rafael has disappeared from the City's Mission Statement! This is very important. The Marin IJ was apparently uninterested in this issue as it was billed as "perfunctory by city staff'. Mark Levine's well intended Legislation AB 1537 which limits forced urbanization was ignored and the required public vetting of large projects was eliminated because the press had such things "covered" according to City staff. This is not the time to be passive. Ask questions of the Planning Director and the San Rafael City Council Monday Night. Please tell them "No". This is the last minute. This is serious. This will not benefit you, nor San Rafael, nor Marin County. Under the guise of state mandates the Council effectively cedes local control and will surrender the San Rafael skyline and character of San Rafael on Monday evening 7:00 PM at City Hall on 5th and "D" street.The Council by passing this update becomes a ceremonial functionary for the "corporatocracy" and intentionally obsolete. If the Council will not defend it's citizens' best interests, whose interests are being served? It's going to look like Walnut Creek! For a further discussion of this historic event meet us at the 2 "Ivy Elephant" this Sunday,1517 5th Ave 1-4 pm. The ivy elephant is Henry, my topiary elephant on 5th Street at "E" Street across the street from Cake Art in front of my old white 1890s Victorian House at 1517 Fifth Avenue. You can park nextdoor (free) in the large parking lot next to my house. Henry will be wearing his New Year's suit and lights. I would love to hear your insights and organize. Sincerely, Brad Sears, concerned citizens, and "Henry" the topiary elephant. (Click on the photo to enlarge it) Edited lh ago • Shared with Downtown + 13 neighborhoods in General �� Marin Independent Journal 150 Alameda del Prado PO Box 6150 Novato, California 94948-1535 (415) 382-7335 legals@marinij,com SAN RAFAEL,CITY OF CITY OF SAN RAFAEL,CITY CLERK, ROOM 209,1400 FIFTH AVENUE, SAN R SAN RAFAEL CA 94915-1560 PROOF OF PUBLICATIOM (2015.5 C.C.P.) County of Marin FILE NO. 0005371411 I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 12113/2014 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 15th day of December, 2014. Signature Legal No. 0005371411 CITY OF SAN RAFAEL NOTICE OF PUISLIC HEARING You are invited to attend the City Council hearing on the following project: PROJECT: the state tate Department e Pa m n orH 0 05i n and d Commun- ity De ommun-1tyDe e 0pment D Per State jaw, an up- date 0f1e 0 ty'SHousing Element, 0n of the eur elements f the City's General Plan, is e'red everyfiveeht y-ars.t`s - datwill -erthe time Per00'5_2,2, The matter isreviewed and recommended approval by the Planning C.mnat,heDecember . 0 14 meeting; C"YofSan Rafael, project pro- ponent; ,o- P., n . File GPA 14.001: PI 13 As required by state law, the project's potential environmental impacts have been assessed. Planning staff has prepared an Addendum to the General Plan 2020 Environmental Impact Re- port for the proposed Housing Element update which meets the provisions of the Californ is En- vironmental quality Act (CEQA). Comments on the adequacy of the Addendum to the General Plan 2020 EIR will be received until Monday, January 5, 2015. HEARING DATE: Monday, January 5, 2015 at 7:00 P.M. LOCATION: San Rafael City Halt - City Council Chambers 1400 Fifth Aven ue at "D- Street Sari Rafael, California WHAT WILL HAPPEN: You can comment on the General Plan Update for the Draft Housing Ele. ment. The Ci Council will consider all public testimony and consider adoption of the Hous- ing Element update and associated environ- mental document. IF YOU CANNOT ATTEND: You can send a letter to the Community Devel- opment Department, Planning Division, is city of San Rafael, P. O. Box 151560, San Rafael, CA 94915-1560. You can also hand deliver prior to meeting. FOR MORE INFORMATION- Contact Paul Jen- sen at (415) 485.5064 or pauI4ensen@cityofsa nralael.o r You can also come to the Plannin Division o%ce, located in City Hall, 1400 Fi4l Avenue to review the file an pertinent infor- mation. The office is open from 8:30 a.m. to 5:00 p.m. on Monday and Thursday and 8:30am to 12:45pm on Tuesday, Wednesday and Friday. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at http:// kvwv,d.cityofsonrafael.org/meetinp. The Draft Hou5lnElement and EIR adden LIM are availa- ble on t ie City's web site at http://wvvw.cityofs anrafael.org/commdev-planning-prof-home and then clicking on "Housin%Element Update 2015-2023" link. A limited number of hardcopies will be available at City Council meeting. SAN RAFAEL CITY COUNCIL /s/ Esther Beirne Esther Beirne CITY CLERK At the above time and place, all letters received %vilk be noted and all interested Parties will be heard. If you challenge in court the matter de- scribed above, you may be limited to raising only those issues you or someone else raise�iat the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing (Gov- ernment Code Section 65009 (b) (2)). Judicial review of an administrative decision of the City Council must be filed with the Court not later than the 90th day following the date of the Council's decision. (Code of Civil Procedure Section 1094.6) Sign Language and interpretation and assistive listening devices may be requested by calling (415) 4853085 (voice) or (415) 465-3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon re- quest. e- Quest. Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para -transit is available by railing Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meetin/hearing, individuals are requested to refrain from wearing scented products. no. 1502 Dec. 13, 2014 I CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL/ AGENCY. SRRA / SRCC AGENDA ITEM NO. :I DATE OF MEETING: January 5, 2015 FROM: Paul Jensen DEPARTMENT: Community Development DATE: December 24, 2014 TITLE OF DOCUMENT: HOUSING ELEMENT UPDATE 2015-2023; REVIEW OF SAN RAFAEL GENERAL PLAN 2020 FINAL DRAFT HOUSING ELEMENT UPDATE; CITY OF SAN RAFAEL, PROJECT PROPONENT; FILE NO. GPA14-001 (CD) Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (sig ature) NOT APPROVED REMARKS: APPROVED AS TO FORM: ellP City Attorney (signature) j December 8,2Ol4 Honorable Commissioners San Rafael Planning Commission I4OUBkhAvenue San Rafael, CA949Ol RE: Additional Coinments on 1700 Fourth Street Mixed Use Development Dear Commissioners, &aoutlined ioour October 27letter, S''"^—' dysignificant new housing development, which could set �,^ led the unnecessary driveway over the Fourth Street sidevv Thank you for requesting the architect t both entry and exit via CStreet, there6ypreserving San Kah ealmooFourth Street, ioaccordance with City design gu driveway) ocC (2O'driveovay) would achieve this. Any safety concerns with Alternative BCOL ... oeameliorated bysimple signal devices activated when the driveway is in use --and must also 6eweighed against the far greater hazards n[cars exiting directly into the 6st'mnvioQ2-vvay, visually obscured traffic along Fourth Street. Regarding the apparent loss o[two parking spaces with Alternative C'bappears that reconfiguring the bicycle parking might gain back a space, which together with the additioua|spaceQainedonFourduStreeLmouldprnvidctheI3spaccsrequircd.Thc availability of an underutilized public parking lot within easy walking distance of the development should also be factored into this alternative, essentially replicating conditions in the downtown parking district where retail parking is provided by public lots. Our only otlier comment is to require replacement of the London plane trees being removed from this site with the same species (or one of the same size when mature) as street trees. Again, thank you for diligently protecting and extending San Rafael's public realm. Sincerely, William Carney President, Sustainable San Rafael