HomeMy WebLinkAboutPlanning Commission 2014-08-12 #2Community Development Department -Planning Division
P. O. Box 151560, San Rafael, CA 94915·1560
PHONE : (415) 485-3085/FAX: (415) 485-3184
Meeting Date: August12,2014
Agenda Item:
Case Numbers: GPA14-001 ; P13-003
Project
Planners:
Pau l Jensen-415.485 .5064 c<111 ___
Raffi Boloyan -415.485 .3095-(J-
REPORT TO PLANNING COMMISSION
SUBJECT: Housing Element Update 2015-2023 -Review of San Rafae l General Plan 2020
Draft E lement Update ; City of San Rafael , project proponent ; File No(s).: GPA14-001,
P13-0 03
EXECUTIVE SUMMARY
The Housing Element Update is a required process to obtain certification of San Rafael's Housing
Elem e nt from the California Department of Housing and Community Development (HCD). San Rafael's
current Housing Elem ent was certified by HCD in 2011 . As San Rafael has not experienced s ubstantial
changes in its community character or housing stock , and the Regiona l Housing Need A ll ocation (RHNA)
for San Rafae l is lower for th is cycle, the City is ab le to pursue a streaml in ed update process that allows
for m inor targeted updates to the current Housing Element. To meet the deadline for an adopted Housing
Element by January 31 , 2015 , the scope and schedule are presented for Planning Commission revie w .
In April 2014 , the C ity completed the City of San Rafael Housing Needs Assessment (Needs
Assessment), which was the first step in the update process . This assessment, which was reviewed by
the Planning Commission on April 29 , 2014, summarizes the City 's existing and projected housing needs
with key housing issues being : the imbalance of jobs-to-housi ng , housing affordability for different
income levels, high leve ls of housing overpayment , concentrations of household overcrowding in certain
neighborhoods, age-in-place housing poliCies to support the growing senior population , and the ongoing
need for emergency shel ters and supportive/transitiona l hou sing .
The draft update of the Housing Element and supportive Background Report (General Plan 2020
Appendix B) has been comp leted, which represents the second step in the update process . First , a
rev iew of the current Housing Element revea led that the organization of policies and programs , as well
as the content of the background material can be reformatted to more effectively present the information .
As such, draft changes made to both docume nts are intended to improve the readabil ity for reviewers
and improve the accessibility of information, while remaining in comp lian ce with State Housing Element
law . Second, the update re sponds to the Needs Assessment, which has resulted in some updates to
policies and programs , as well as data in th e Background Report . Third , the update of th e element
proposes to conso lid ate, remove and renumber policies and programs, in part to reflect the dissolution of
the San Rafael Redevelopment Agency (RDA). Lastly , the Background Report contains updated
information divided into five separate sectio ns : B-1 Hous ing Needs Assessment , B-2 Housing
Constraints , B-3 Site inventory and Capacity AnalYSiS , B-4 H ousing Resources and B-5) Eva lu ation of
Accomplishments Under Adopted Housing Element.
RECOMMENDATION
It is recommended that the Planning Comm ission take the following action :
1. Open public hearing and accept public comment
2 . Provide comments and questions on the draft Housing Element and Background Report
3 . Recommend that staff proceed with submitting the draft Housing Element and Background
Report to the State (Housing & Community Deve lopment) for review
REPORT TO PLANNING COMMISSION -Case No: GPA14 -001; P13 -003 Page 2
BACKGROUND
State Law
Since 1969. Hous ing Elements have been one of seven mandatory elements required for General Plans .
Housing Elements must be prepared in accordance with statutory requirements in Stale Housing
Element law . Housing Elements are regulated by provisions under Article 10 .6 of the Government Code
(Sections 65580-65589 .8) and are reviewed by HCD . Further, this law (Government Code 65584) directs
HCD to work with regional councils of government (COG), the Association of Bay Area Governments
(ABAG) for the Bay Area, to project regional housing needs and allocate a portion to each jurisdiction in
the region . The RHNA is th e distribution of housing need by income level that local jurisdiction s are
required to accommodate in their Housing Elements . Since the first RHNA in 1981 , Housing Elements
have incorporated the allocation of proj ected regional housing needs into the needs assessment. Unlike
the other State -ma ndated elements of local General Pial'), historically , the State requires that the Housing
Element be updated every five years, which includes review and certification by HCD. The RHNA is
provided to th e local jurisdiction for each five -year cycle . Since 1981, the City has prepared and adopted
five housing elements. The City has consistently been responsive in complying with the State Housing
Element laws, and has rece ived past housing element cert ification in a timely mann er.
Current Housing Element (2009 -2014)
The City of San Rafae l's current 20 09 -2 014 Housing Element was adopted by the City and certified by
HCD in 2011 . This Housing Element included an update of hous ing -related da ta , additions to hous ing
information and Incorporation of policies for compliance with state mandates including Senate Bill 2
(2007). The Housing Element planned for a to tal capacity of 2,539 units to meet the 2009-2014 RHNA
cycle of 1,403 units , providing an adequate buffer . The Zoning Ordinance and Map were amended to
implement the Housing Element.
Changes in the Housing Element Cycle and Review Process
Between th e previous Housing Element cycle and the current cycle (2015 -2023 , the fifth cycle since
1981), several changes must now be taken into consideration . First , the Hous ing Element planning
period has been extended from five to eight years to link with the review cycle for Regional
Transportation Plans (RTPs). thereby reducing the frequency of updates . Second , an HCD certified
Housing Element is now required to qualify for ABAG transportation improvement grant funding . The
City's current certified Housing Element has been instrumental in receiving several million dollars in
funding from the Transportation Author ity of Marin and One Bay Area grants (OBAG) to help improve
local roads and other transportation infrastr ucture . Third , San Rafael's RHNA for this current cycle
(2015-2023) has been reduced by nearly 30 perc ent, from 1,403 units to 1,007 un its . However HCD
re commends 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 low er densities than identified in the capacity ana lysis . A healthy buffer above the required
RHNA therefore demonstrates a "margin of safety ". Lastly . the current Housing Element must be in
compliance with other legislation includ ing : Senate Bill 2 (emergency shelters by right), Assembly Bil l
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 Dens ity Bonus Law).
Fo ll owing the passage of Senate Bill 375 (2008), housing and transportation planning have become
linked w ith reg ion -wide planning and programming strategies. Plan Bay Area , which was adopted by
ABAG and MTC in 2013 , is the Bay Area 's Sustainable Communities Strategy (SCS), the regional
planning document addressing housing and transportation growth . The SCS is required to promote land
use strategies which reduce greenhouse gas emissions -such as by promoting compact. mixed use
commercial and residential dev e lopment -which in turn is reinforced by ABAG's Regional Housing
REPORT TO PLANNING COMMISSION -Case No: GPA14-001; P13-003 Page 3
Needs Allocation (ABAG). To qualify for transportation funding and grants linked to Plan Bay Area ,
Housing Elements must be compatible with regional transportation plans and demonstrate compliance
through HCD certification . A new tool to assist in the Housing Element update process is the streamlined
review process available to jurisd ic tions with compliant fourth cycle Housing Elements and adoption of
specified Zoning Code amendments for special needs housing and density bonuses .
The City is seeking the streamlined update process through "red lined " targeted updates to the current
Housing Element, to accommodate the new RHNA projections and comply with State mandates to obtain
HCD certification for the next eight-year planning period (2015 -2 023). Failure to obtain certification
exposes the City to legal cha llenges against the Hou si ng Element; the possible suspension of the City's
ability to issue building permits , grant variances and approve subdivision maps until the Housing Element
is certified; a RHNA that becomes cumulative w ith the previous cycle; an additional requirement to
complete a Housing Element update every four years instead of eight years for the ne x t three planning
cycles ; an overall higher level of scrutiny from HCD ; and loss of eligibility for Federal , State and local
grants fo r transportat io n improvements .
The deadline for an adopted Housing Element by City Council for the 2015 -2023 planning cycle for all
Bay Area jurisdictions is January , 31 2015. City staff has been working with the planning consulting firm
M-Group to set a schedule to meet the deadline and update the Housing Element following requirements
from HCD . Th e steps in this update process , as well as th e schedule are provided as fo llows :
);> Step 1-Per the State guidelines , this f irst phase requires the preparation of a "Housing Need s
Assessment." This assessment has been completed and was reviewed by the Planning
Commission on Apri l 29, 2014. A summary of the housing needs assessment is provided below.
);> Step 2-Draft Housing Element & Background Report Update completed. Schedu led to be
published and posted on City website on August 1,2014; Planning Commission hearing on
August 12 , 2014.
);> Step 3-Submit to State HCD for review-August 2014 .
> Step 4 -Final Housing Element & Background Report completed and public hearing with Planning
Commission and City Council = October and November 2014 .
Completion of Housing Needs Assessment
The City has completed the City of San Rafael Housing Needs Assessment (Apri l 2012), which, as noted
above , is the first step in the update process . This assessment is available on-line and ca n be accessed
via the following link : http ://docs .cityofsanrafael.org/CommDev/planning/housing-element-
upd ate/Hou si ngN ee dsAss mt searcheable .pdf
A summary of the key housing issues identified in this assessment is provided as fOllows :
./ For this next 2015 -2 023 cycle , the City's RHNA is slightly lower (1,007 res idential units) .
./ Th e City 's senior popu lation is increasing. Nearly one -quarter of San Rafael 's househo lds are
senior citizens . For this reason , there is an in crease in senior housing need and demand for
"aging-in-place " programs .
./ The City 's home less housing need for permanent emergency housing has increased . Based on
the methodology that is used to determine this need (survey/census), the housing need is
accomm odate 175 beds .
REPORT TO PLANNING COMMISSION -Case No: GPA14-001; P13 -003 Page 4
./ There conlinues 10 be an imbalance in jobs and hou sing . A s ignificant percentage of those
emp loyed in San Rafael live elsewhere .
,/ The City is experiencing an increase in the disparity of incom e of the residents that rent versus
residents that own property . Renters mal<e up nearly one-ha lf of all households in San Rafael
but their median annua l income ($44,646) in 2011 was less t han one-ha lf of the owner median
<\nnua l income ($108,914).
,/ While household overcrowding has decreased in the las t decade (renter overcrowding dropped
from 21 .3% in 2000 to 12.4% in 201 0), it continues to be an issue in certa in neighborhoods.
The update of the Housing Element must address and incorporate th e ex ist ing and projected housing
needs identified in this assessment.
PROJECT DESCRIPTION
Overview
The 2015-2023 Housing Element update builds off of the current 2009-2014 Housing Element with
targeted updates . Therefore, the draft update is not a "s tart -from -scratch " approach and it does not
propose major edits to the current element. As th ere has been little residential development in the past
fiv e years in San Rafael and having been issued a slightly lower RHNA (1,007 units) for this ne xt housing
cycle, the 2015-2023 Housing Eleme nt also does not prop ose a s ubstantive change to the current
housing site inventory that wou ld resu lt in the need for the addition of new housing sites or the re zon ing
of properties. In addition, the update d data in the Hou si ng Element add resses the find ings of the Needs
Assessment , the most significant being the dissolution of th e San Rafael Redevelopment Agency (RDA)
which resu lt ed in the elimination of a number of element programs.
Consequently, the City is pursuing the Stream lin ed Review process through HCD and has proposed
targeted updates to the current 2009-2014 Housin g Element to achieve that objective . Tex t e dits are
shown in redline s with new text underli ned and sIr~ketRfe\l~for text being removed or relocated . The
following provides an overview of the overall structure of the 2015-2023 Housing Element and a
summary of key revisions . The Public Review Draft of the Housing Element and Background Report can
be accessed at: http ://www .city ofsanrafael.org/commdev-pla nning -p roj -upd ate/.
Document Organization
The document is structured to follow the current 2009 -2014 Housing Element which in cludes a section
on th e Housing Goals, Policies and Programs as the key component of the element. The corresponding
sections of the plan have been pu ll ed from sections in Ih e City's General Plan Epilogue (or Append ices)
and include strategies and background analyses . Th ese sections have been organized into Appendix B
(Background Report) and the City's General Plan will be amended to includ e Appendix 8 -1 through 8-5
as described below. The 2015 -2023 Hou s ing Element is organized as follows:
General Plan Housing Element Chabter -Policies and Programs
This section outlines the strategies for promoting affordable housing in th e City and provides a status
upd ate on the specific programs that were drafted for the 2009-2014 Housing Element. As part of the
2025-2023 update programs were reorganized , conso lidated andlor removed as described below.
Appendix 8 -8ackground Report
Housing Needs Assessment (Appendix B.1) -as discussed above, the Hou si ng Nee ds
Assessment (April 2014) is an analysis of demographic profi les, household prof il es, special needs
popu lations, housing characteristics and t he Regional Housing Needs Al location (RHNA). This
section ha s received a complete update from the Needs Assessment in the cu rr ent 2009·2014
REPORT TO PLANNING COMMISSION -Case No: GPA14-001; P13 -003 Page 5
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 10 provide c larity in
review and remove unnecessary impediments in th e rev iew of t hi s document by HCD , City staff and
interested parties.
Housing Constraints (Appendix B-2) -th e Housing Constraints se ction identifi es governmental
and non -gove rnmental constraints that may affect the development of hous ing . The changes in this
section have been red lined to show what has changed from the last Housing Element.
Sites Inventory and Capacity Analysis (Appendix B-3) -thi s section provides an analys is
showing how the City has planned for the required number of units to me et the RHNA . Th is section
con tains an inventory of sites and shows that the residentia l capacity of these sites can meet
projected housing needs in each income level. The changes in this section have been redlined . This
section conta ins an updated and reorganized discussion the sites inventory and capacity analys i s .
Housing Resources (Appendix B-4) -the Housing Resources section identifies the financial
reso urces and administrative resources that are avai lable to support the development of housing .
Energy conservation opportunities are presented here, highlightin g the City's effort to promote
susta inability and the energy conservation programs that are available . Redlined changes show the
revis ions that have been made .
Eva luation of Accomplishments under Adopted Housing Element (Appendix B-5) -The
Eva luation of Accompl ishments section discusses accomp lish ments that have been made Linder
programs adopted in the 2007-2014 Housing Element. The updates are shown as red lined edits .
Summary of Edits
Attachment 1 provides a roadmap of the edits to th e policies and programs section of the 2015-2023
Housing Element. While the edits are not substant ial , this sec tion has been refinedlreorganized to reflect
changes (e .g ., dissolution of the RDA and updated policies). The edits to the policies and programs
generally fall into the following categori es:
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 .
2 . Updated , Refined or Consolidated
Many programs hav e been refined to include the latest updates and consolidated to organize and
simplify the stream lined review pro cess. The most notable edi ts include the following :
» Program H-11 b (Jun io r Second Units). This new program recommends that the City
evaluate and adopt appropriate zoning regu lations that promote "junior second units ." As
reported to the Planning Commission during the review of th e Needs Assessment, junior
second units involv e the re -pu rposing of an existing space within a single -family dwelling
to create a separate, small unit (under 500 square feet). These units are intended to
promote "age-in -place" housing for seniors by providing a separate , small Unit for a
caregiver, renter or extended family .
» Program H-12d (Emergency Sile it ers). This program was updated and co nsolidated with
other programs addressing transitional a nd supportive hou sing to demonstrate
compl iance with State Housing Element requirements and reflect recen tly-adopt ed (SB 2)
zon ing provisions in San Rafael Mun iC ipal Code Section 14.16.115 .
REPORT TO PLANNING COMM ISS IO N -Case No: GPA14-001; P13-003 Pa ge 6
» Program H-18a (Inclus iona ry Housing Nexus Study). No changes are proposed to the
current in clusionary housing po li cy (except a renumbering t o Policy H-18). This policy has
been in-p lace since 1986 and has resulted in the development of many below-market rate
for-sa le and rental units in residential development projects throughout the Cit y. However,
given rece nt court decis ions and changes in State law that impact the local jurisdictions
ability to impose inc lu sion ary housing requirements (e .g ., Palmer v. City of Los Angeles),
Prog ram H-18a recommends that a nexus stud y be prepared t o evaluate in -lieu fee
requirements and amend , if necessary , th e In clu sionary Housing Ordina nce (Sa n Rafael
Mun ic ipal Code Sec tion 19.16 .030). It is recommended that this nexus stud y be prepared
wi thin the ne xt t wo years (2016).
» New Prog ram s H-15a and H-15b (Down t own and Civic Center Statio n Area Plans).
These new programs replace current Program H-22b (Station Area Plans), whic h has
bee n comp leted . In 2012, th e City comp leted the Downtown Station Area Plan and Civic
Center Station Area Pl an. The later p lan was revised in 2013 . 80th plans are "visi on "
docume nt s th at include a list of land use recommendat ions tha t shou ld be considered for
further study. New Programs H-15a and H-15b includ e reference to these
recommendations and that th ey be studied following the opera tion of t he SMART ra il
service (20 16).
3 . Removed
Sin ce t he dissolution of th e RDA , programs that were the direc t responsibility of th at agency were
removed since they are no longer ap pli cab le (so me programs re lated to th e RDA were sim pl y
revised to remove the RDA reference). Other programs were removed if they we re completed, did
not h ave associated measureable po licies, or are no lon ger releva nt.
Housing Site Inventory
Appendix 8 -3 of the 8ackground Report presents th e sites inventory and capacity analysis . This
information is presen t ed in a series of tables including but not lim ited to the following :
» Table 83.3 -Tota l Unit Capacity of Res identia l Sites » Tabl e 83 .5 -Residential Sites Vacant and Avai labl e fo r Development » Tab le 83 .6 -Residential Sites Underutili zed Availab le for Development
» Tab le 83 .10 -Mi xed Use Inventory, Vacant Underutili ze d Sites
As this process is simply an update to the current 2009 -2014 Housing Element (and not a full re -write),
no substantia l changes to the housing site inventory presented in the se tables are proposed n or needed .
As not ed above , the City's RHNA for this cycle is lower (1,007 units down from 1,403 units), so th e
cur rent sit e invento ry meets the curre nt RHNA. However, th e reside nti al site inventory has been revised
to inco rp orate newly proposed hous ing pro jects a nd approved p roj ec ts that are und er cons tru ction (e .g .,
1867 Li n co ln Avenue and 114 4 Mi ss ion Avenu e are now und er co nstruction). It shou ld be noted that the
upda te of th e site inve ntory reflects th e remova l of the 3833 Redwood Highway ("Marin Ventures ") site .
This sit e was removed as a potent ial housing site during the 2013 revisions of th e Civic Center St ation
Area Plan , when the Civic Center Priority Development Area (PDA) designation was rescinded by the
City Council. Only two new sites have been added to the si te inventory, 930 Tamalpa is Avenue
(Whistiestop se nior housing) and 1700 4'h Street @ H St reet (10 resi dentia l units over re tail ). 80th sites
are loca ted in zo ning districts that perm it resident ial use, so property re z oning is necessa ry .
REPORT TO PLANNING COMMISSION -Case No: GPA14 -001; P13-003 Page 7
ANALYSIS
Compliance with State Law
The 2015-2023 Housing Element update is compliant with requirem ents set forth by state law (pu rsuant
to Article 10.6 of the Government Code (section 65580-65590)) and consistent with HCD's streamlined
update requirements as part of thi s fifth cycle, by:
,/ Effectively assessing th e exis ting housing need s in San Rafael through an updated Housing
Needs Assessment.
,/ Providing strategies to reduce any potential housing constraints , reflective of changing needs,
resources , and conditions .
I' Id entifying and updating the necessary conditions to support the development and the
preservation of an adequate supply of housing , includin g housing affordable to seniors, families
and workers .
,/ Updating the inven to ry of si tes to refl ecl changes since adoption of the 20 09 -20 14 Housing
Elemenl (e.g ., sites that have been approved for development, are currently under construction,
or have been bui lt out).
,/ Implementing programs identified in the previous hOllsing element (e .g., Dens ity Bonus
provisions).
,/ Refining the Programs and Po li cies that provide the roadmap for promoting affordable housing
strategies suc h as second units , mixed -lise development , and housing for the disab led.
Compliance with the Housing Needs Assessment
As discussed above, State law mandates that loca l jurisdiction adequately plan to me et the exis ting and
projected housing needs of all economic segments of the com munity. Therefore, jurisdictions must
identify t he housing need within the communiiy (through a Hous ing Needs Assessment) and remove
constraints by adopting local regu latory too ls to provide opportunities for the pub lic and private market to
adequately address housing needs and demand. The Needs Assessment identified a number of key
housing concerns over th e 2015-2023 planning period including the ne ed for affordable housing ,
opportunities for small househo lds and seniors and resources for special needs populations . Policies and
programs in th e Housing Element were drafted to specifical ly address the housing needs in the City . For
example the following policies directly relate to the key concerns identifi ed above:
,/ Policy H-6. Funding for Affordable Housing
,/ Policy H-7 . Protection of the Existing Housing Stock
,/ Policy H-11 . House Sharing
,/ Policy H-1 3. Senior Housin g
,/ Policy H-16 . Second Units
,/ Policy H-12 . Resid eht ial Care Facilities and Emerge ncy Shelters
Compliance with San Rafael General Plan 2020
The update of th e Housing Element and supportive Background Report is consistent with and required
by the San Rafael General Plan 2020 . The General Plan must co mply with State law which requires that
the mandatory Housing Element be periodi ca lly updated . When the final dra ft of the Housing Elem ent
and Background report is completed for revi ew and adoption by the Planning Commission and City
Council, this action wi ll requ ire a General Plan Amendment.
Related and/or Requested Information
Per the planning Commission request at April 29, 20 14 meeting , Staff ha s been tracking the lat es t
litigation and legislation that may impact the Housing Element update process. Th e following provi des a
status of Assembly Bill (AS) 1537 and a summary of th e latest Hous ing Element litigation :
REPORT TO PLANN ING COMM ISS ION -Case No: GPA14-00 1; P13-003 Page 8
~ Status of Assembly Bill (AB) 1537 (Levine)
AB 1537 aims to designate cities within Marin County with a "su burban" default density standard
(reduc ing the current defau lt density of 30 du/ac to 20 du/ac) for accommodating its share of
affordab le housing . AB 1537 wou ld affect Marin and other counties with a population of less than
400,000 that are located in a San Francisco-Oakland -Fremo nt Metropo litan Statistical Area
(MSA) (with a population of more than 2 million). The bill wou ld apply to any jurisdiction with in
Marin with a popu lation less than 100,000 but more than 25 ,000 . The State Senate is currently
finishing review of this bill. A hearing process that will include input from the Appropriation
Comm ittee is pending the Senate's vote . Should the Senate vote to support the bil l it would be
presented to the Governor for his signature . The estimated time frame for cornp letion of the bill
process is late Summer/early Fall 2014 . City staff is monitoring the progress of the bill. At this
time, it is unknown if AB 1537 will be passed and signed by the Governor.
~ Housing Element Litigation Summary (I/lrough 20131
Per the request of the Planning Commission (April 24 , 2014 meeting), a summary of Housing
Element litigation has bee n prepared . Ex hibit 2 provides a summary of the lawsuits that local
jurisd ict ions throughout California have fa ce d through 2013 for not co mp leting and certifying their
Housing Elements on time ..
Recurring circumstances in these lawsuits include the fOllowing :
• The Housing E lement was not certified by HCD .
• Affordab le housing opportunities were not properly identified or were insufficient.
• Zoning was not in place to accommodate affordable housing .
Consequences in lawsuits may include the fol lowing :
• Bring Housing Element into comp liance for HCD cert ification
• Moratoria on deve lopment, except in certain cases wh ere affordable hous ing was stil l
al lowed .
• Cities would also be required to make zoning adjustments to all ow for affordable housing
development.
ENVIRONMENTAL DETERM I NATION
The Housing Element Update will require and include amendments to the element te xt and background
report . Per the provisions of the California Environmenta l Quality Act (CEQA) Guidelines , this activity is
defined as a "project " and is therefore subject to environmental review . The required environmental
review will be completed and processed once the draft Housing Element and accompanying Background
Report have been reviewed by HCD . AI this time , environmenta l review wi ll be completed on the Fina l
Draft Housing Elem e nt. When the Housing Eleme nt was last updated in 2011 , an Addendum to the San
Rafael Genera l Plan 2020 Environmental Impa ct Report (E IR) was completed . It is anticipated that a
similar document will be prepared for this update .
NEtGHBORHOOD MEETING / CORRESPONDENCE
Noti ce of this meeting was mailed to all interested and affected parties 15 days prior to the meeting date .
Th e list of thos e notifi ed in cl ud es representatives from all of the neighborhood and homeowner
associations , special interest groups (enVironmental , business and housing organizations), neighboring
agencies and ut il ities . Cor respondence rec e ived to date is attached (Exhibit 3).
REPORT TO PLANNING COMMISSION -Case No: GPA14-001; P13 -003 Page 9
OPTIONS
The Planning Commission has the following options :
1. Direct staff to forward the Draft Housing Element and Background Report to HCD for review
2. Continue this matter for staff to respond to Commission questions/comments
3. Require c hanges/revisions to the Draft Housing E lement and Background Report
EXHIBITS
1. Navigation of draft text track ch anges to th e Housing Goa ls, Policies and Programs
2. Housing Element Litigation Summary -2013
3. Correspondence received to date
4. Public Meeting Notice
HEUpdate.pcrpt draft HE 812 14 (final)
E~hibit 1
Navigation of draft te~t track changes to the Housing Goals, Policies and Programs
2009-201 4 HOllsing E lement Policies and Recommendations in 2015-2023 Housing
Programs E l ement
H-1 HOUSING DISTRIBUTION Policy carried forward as H-1 .
(Housina Element Policies and Programs Pag~e 47)
H-1a , Annual Housing Element Review , Maintain program .
H-1b , Housing Production , Consolidate with Program H-1 a .
Monitoring housing production and measur in g
progress towards RHNA is already required as part
of Annual HousinQ Element Report.
H-2 . NEIGHBORHOOD IMPROVEMENTS Policy car ri ed forward (consolidated with
(Housing Element Policies and Programs Page 48) renumbered H-2)
H-3 . DESIGN THAT FITS INTO THE Policy carried forward
NEIGHBORHOOD CONTEXT (renumbered to H-2)
(Housina Element Policie s and Proarams Paae 48)
H-3a . Desion Concerns of Sinole -Familv Homes , Maintain prooram . (renumbered Program H-2a)
H-3b . Compatibilitv of Build ing Patterns , Maintain program . (renumbered Program H-2b)
H-4 , PUBLIC IN FORMATION AND Policy carried forward
PART ICIPAT ION (renumbered to H -3)
(Housing Element Policie s and Proarams Page 49)
H-4a , Neighborhood Meetings , Maintain prog ram. Refine to replace "requ ire" with
"encourage" (renumbered ProQram H-3a)
H-4b , Information and Outreach on HousinQ Issues . Mainta in prOQram . (renumbered ProQram H-3 b)
H-5 . CITY LEADERSHIP Po l icy carried forwa rd (consolidated with
(Housing Element PoliCie s and Programs, Page 50) renumbered H-4)
H-5a , Housing Element Update. Remove program, Done as matter of course,
unnecessary to ca ll out as program,
H-5b , Constraints and City Incen t ives for Affordable Move to renumbered program H-17d -Efficient
Housing . Project Review (under new po li cy Regu latory
Processes and Incentives for Affordab le Hou sino)
H-5c . Redevelopment 's Imp lemen ta ti on Plan , Remove program -no longer applicab le with loss of
RDA.
H-5d , Expertise in Produc ti on of Affordab le Hous ing . Remove program . Done as matter of course,
unnecessary to ca ll out as proQram.
H-5e , Redeve lopment Agency Activities. Remove program -no long er applicable with loss of
RDA.
H-6 , COORDINATE WITH OTHER Policy carried forward
JURISDICTIONS IN ADDRESS IN G HOUSING (renamed and renumbered to H-4)
NEEDS.
(Hollsing Element Policies and Programs, Page 51)
H-6a . Inter-Jurisdictional Housing Activities and Maintain program . (renumbered Program H-4a)
Resources .
H-7 . CO MMUNITY COLLABORATION A ND Pol icy conso lidated and carri ed forward
PARTNERSHIP (renamed and consolidated with H-4)
(Housing Element Policies and Proarams, Page 52)
H-7a . Cooperative Ventures . Retitled Community Co llaboration (Program H-4b)
H-8 . HOU SING DISCRIM I NATION Policy carried forward
(Housina Element Policies and Programs, Paae 52) (ren amed and renumbered to H-5)
H-8a. Complaints , Maintain program -integrate with in renumbered Fair
HousinQ ProQram H-5a ,
H-8b , Non -discrimination C lauses , Remove program . Done as matter of cours e ,
lin necessary to ca ll out as proQram .
H-8c. Fair Housing Laws . Maintain program . (renumbered Program H-5a)
H-9. FUNDING FOR AFFORDABLE HOUSING ~ Policy carried forwa rd
1-1
Exhibit 1
Navigation of draft text track changes to the Housing Goals, Policies and Programs
2009-2014 Housing Element Policies and Recommendations in 2015-2023 Housing
Programs Element
(Housing E lement Policies and Programs, Page 53) (renumbered to H·6)
H-9a . Housing Set·Aside Fund . Remove program -no longer app li cable with loss of
RDA.
H-9b . Trust Fund for Housing . Remove program . Comp leted and language
conso lidated with Program H·6b .
H-9c. In -Lieu Fee s for Affordable Housing . Revised prog ram -renumbered Program H·6a .
Expanded description, including proj ected funding
amounts and objective to direct funding towards
acquisitionlrehab rather than new construction.
H-9d . Techn ica l Assistance to Hou sing Developers. Remove program . Addressed under renumbered
Program H·4b Communit~ Collaboration .
H-ge . Funding Resources. Maintain program . Added objec ti ve to secure 2 new
funding sources (renumbered Program H·6b)
H-9f. Funding App li ca ti ons . Maintain program . (renumbered Program H·6c)
H-9g . Waive r or Reduction of Fees. Move to renumbered Program 17c -Waiver or
Reduction of Fees (under new policy Regulatory
Processes and Incentives for Affordable Housino).
H-9h . Funding for Very Low Incom e Housing . Remove program . Addressed within renumbered
Program H·6b to pursue outside funding sources,
and renumbered Program H-9d -Housing for
Extremel~ Low Income Households.
H-10. PROTECTION OF THE EXISTING HOUSING Policy carried forward
STOCK (renumbered to H·7)
(Housin.q Elem ent Policies and Proqrams, Paqe 57)
H-10a . Condom inium Conversion Ordinance. Maintain prooram. (renumbered Prooram H· 7a)
H-10b. Preserving Existing Rental Housing Maintain program . (renumbered Program H-7b .
Affordable to Low In come Househo ld s through Preserving Existing Rental Hou sing Affordable to
Ongoing Affordabil ity Restrictions . Low Income Households at Risk for Conversion).
Updated scope.
H·1 Dc . Cana l Housing Improvement Program. Remove program . RDA funding no longer availab le
to support.
H·10d . Cana l Affordab le Safe and Healthy Housing. Remove program . RDA funding no longer avail able
to support.
H·10e. Retention of Mobilehomes and Preservation Maintain program . (renu mb ered Program H·7e)
of Existinq Mobilehome Sites .
H-11 . HOUSING CONDITIONS AND Poli cy carried forward
MAINTENANCE (renumbered to H·B)
(Housing Element Policies and Program s, Page 60)
H·11a. Apartment In spection Program . Maintain program. (renumbered Program H·8a)
H·11b. Code Enforcement and Public Information Ma intain program . (renumbered Program H·8b)
Programs. Integrate program prior Program H-12a (inves ti gate
and abate illeoal units) within prooram
H-11c. Rehabi litation and Energy Loan Programs . Refine program to focu s on CDBG funded rehab
and add quantifies objectives for assistance.
(renumbe red Program H·8c Resident ial
Rehabilitation Loan Programs)
H·11d . Volunteer Efforts . Remove program . Implemented but volunteer group
has since beeh disbanded .
H-11e. Maintenance of Old e r Housing Sto ck . Remove program. Addressed unde r Residential
Rehabilitation Loan Program (renumbered H·8e)
and In ·Lieu fees for Affordable Hou sing Program
(renumbered H·6a)
1-2
Exhibit 1
Navigation of draft text tracl< changes to the Housing Go als , Policie s a nd Programs
2009·2014 Housing Element Policies and Recommendations in 2015·2023 Housing
Programs E lem e nt
H·11f. Re location Assistance . Mainta in proqram . (renumbered Proqram H-8d)
H-12. ILLEGAL UNITS Pol icy removed (consolidated into code
(Housing Element Po licies and Programs Page 62) enforcement prog rams)
H-12a . Investigation and Abatement or Legali za tion Consol ida ted with Program H·1 1 b ·Code
of Units Built without Require d Permits. Enforcement a nd P ubli c Informati on Prog rams.
H-13. SPEC IAL NEEDS Policy carried forward
(Housinp Elemen t Po licies and Pro.orams, Pa.oe 62) (renumbered to H·9)
H-13a. Adapt ive Ho usin g. Maintain program . Additionally . aim to co ndu ct
regu lar meetings w ith design a nd construction
in dustry members . (renumbere d Program H-9a)
H-13b . Reasonable Accommodat ion . Mainta in progra m (renumbered Program H-9 b). Add
new Program H-9c-Housi ng Opportun it ies for
Persons Liv ing wit h Disabilities -to specifica ll y
address needs of persons w ith developmenta l
disabil ities.
H-14. INN OVATIVE HOUS IN G A PPR OACHES Policy carried forward
(Housing Element Policies and Programs. Page 64) (renumbered to H-10)
H-14a . Manufac tured Housing . Maintain program . (renumbered Program H-10b)
H-14b. Zoning fo r Live/Work Opportunities . Mainta in prog ram . (renumbered Program H-10d)
H-14c. Si ngle Ro om Occupancy (SRO) Units . Maintain prog ram. Re move reference to RDA
Housing Funds.
(re num bered Program H·1 0c)
H-1 4d. Co -Housi ng, Cooperatives, and Sim ilar Maintain program . (re num be red Program H-10a)
Co lla bo rativ e Hou si na Development.
H-15. HOUSE S HAR IN G Policy carried forward
(Housin.o Element Po licies and Proarams, Paae 65) (renumbered to H-11)
H-1Sa . Homesharing and T ena nt Mat ching Maintain program . Replace "Marin Housing
Oppor tuniti es . Authority" with "community partners." (renumbered
Program H-11a)
H-16 . RES IDENT IAL CARE FAC ILI TIES AND Poli cy car ried forwa rd
EMERGENCY SHE LTE RS (renumbered to H·12)
(Housina Element Policies and Programs Paae 66)
H-16a . Countywide Efforts to Address Homeless Mai nta in program . (renumbered Program H-12a)
Ne eds .
H-16b. Good Neig hborhood Re lations Involvin g Maintain program . Eliminate re fe re nce to Use
Emergency She lters and Re sidenti al Care Facil it ies. Permit. (renumbered ProQram H-12b)
H·16c. Residential Care Facil ities . Main tain program . (renumbered ProQram H-12cl
H-16d . Emergency Shellers. Refine program to re fl ec t zoning code amendmen l
adopted cons istent w ith SB2 to allow she lt ers by
ri ght a nd to ex pl ici tl y provide for transition a l and
supportive ho u sing as a residentia l use .
(renumbered Program H-12dl
H-16e. Transi tional and Supportive Ho using . Conso li dated wi th re numbered Prog ram H-12d •
Emergency Shelters , Transitional a nd Supportive
Hou sing .
H-17 . SENIOR HO USING Policy carried forwa rd
(Housing Eleme nt Policies and Programs, Page 68) (renumbered to H-1 3)
H-17a. Assisted Living . Maintain program . Evaluate establishing
inclusionary housing requ ire ments for assisted
living . (renumbered Program H-1 3a)
H-17b. Deleted Remove .
1-3
Exhibit 1
Navigation of draft text track changes to the Housing Goals, Policies and Pro grams
2009-2014 Housing E lement Policies and Recommendations in 2015-2023 Housing
Programs Element
H-17c . "Age-in -Pla c e" Assistance . Mai n tain prog ram . (renu m be red Program H-13 b)
H-18 . ADEQ UATE SITES Po licy c on solidate d a nd car ri ed forward
(Housing Element Policies and Programs Page 70) (renumbered to H-14)
H-18a. Affo rdabl e Hou sin g Sites . Main tai n pro gram . Rename "Residen tial and Mi xed
Use Si tes In ve ntory " (renumbe red Program H-14a )
H-18b . Effi c ient Use of Multifa mily Hou si ng Si tes. Maintain program . Zo ning ord in a nce ame ndment
co mpleted .
(renumb e red Prooram H-14b)
H-18c . CEQA review. Integra te wi thin re numbered Program H-17d -
Effic ien t Pro iec t Review
H-18d . Reuse of Commercia l Sit es. Refi ne as "Zoning Pro visio ns to Er'\Courage Mi xed
Use " to promo te mi xe d use and higher density
development within th e Downtown .
(renumbe red Program H-14c.)
H-18e. Und eruti li zed Pu blic a nd Quasi-Public L an ds Rem ove program -staff com pl e ted.
for HousinQ .
H-18 f. Air Righ ts Deve lopment. Remove program - sta ff com pl ete d.
H-18g . Rev isions to th e Parking Stand ards . Remove program . Downtow n parking a nalys is
integra ted with in re numbered Program H-1Sa -
Down tow n Stati o n Area P la n.
H-18 h. Staff Consult ation. Remove program . Don e as matte r of co urse ,
unn ecessa ry to ca ll o ut as program .
H-18i. Las Ga liin as Sa nitary Dis tri ct Fees . Integ rated wi th renumbered Program H-1 7c-Wai ve r
or Redu cti o n of Fees
H-18j. Hou sing fo r Ex tr emely Low In come Mai ntain prog ram . Eliminate refere nce to RDA set-
Household s. as id e . (renumbered as ProQram H-9d)
H-18k. Lot Consolidation . Rem ove program . Lot conso lidation also addressed
under Prog ram H-14c -Zonin g Provisions to
Encourage Mixe d Use
H-22 . INF ILL NEAR TRA N SIT (REF INED A ND Policy refined an d ca rri ed forward
MOVED TO THI S NEW LOCATION as H-15) (renumbe red to H·1S)
(Housino Element Policies and Programs, Page 74)
H-25 SECOND UNITS (REFINED A ND MOVED TO Po licy refin ed and ca rried forward
NEW THI S LOCATION as H-16) (renumbered to H·16)
(Hou s ing Element Policies and Programs, Page 75)
H-17 . REG UL ATORY PROCESSES AND NEW POLICY w it h programs co nsolidated from
IN CE NTIV ES FOR AFFORDAB LE HOUSING oth er sec tions
(Ho us in g Eleme nt Po licies and Program s, Page 76) (numbered to H·17)
H-19 . INC LU S IONARY HOUS IN G Pol icy ca rri ed forwa rd
REQ UI REME NT S (renumbered to H-18)
(Housing Element Policies and Programs , Page 78)
H-19 a . In clu sionary Ho using . Re fine as "In c lusionary Ho usi ng Nex us Stud y"
(ren umbered Program H-18 a)
H-20 . PROTECT ION OF EX ISTI NG AFFORDABLE Po li c y car ri ed forward (P rog rams moved a nd
HOUSING co nso lid ated into othe r Pol icy sections)
(H ous ing Element Policies an d Programs Page 79)
H-20a . BM R Resale Regulations. Maintain program .
(renumbered /renamed as ProQram H-7dl.
H-2 0b . BMR Renta l Regu lat ions . Main tain program , consolidate und er re num bered
ProQram H-7b (Preservino Exis ti no Rental Hous inQ
1-4
Exhibit 1
Na vigation of draft text track changes to the Housing Goals, Policies and Programs
2009·2014 Housing Element Policies and Recommendations in 2015·2023 Housing
Programs Element
Afford a ble to Low In co me Households)
H-20c . "At Risk " Units . Mainta in prog ram , consolidate unde r renumbered
Program H-7b (Preserving Existing Rental Housing
Affordable to Low In come Householdsl
H-21 . DENSITY BONUS AND OTHER Policy car ri ed fo rward (Programs moved and
REGULATORY INCENTIVES FOR AFFORDABLE consolidated into other Policy secti ons or removed )
HOUSING .
(Hollsino Elemen t Policies and Programs Page 80)
H-2 1 a. State Density Bonus Law. Maintain program .
(renumbered as Program H-17al.
H-21 b. Exceptions from Zoning Standards for El imi nate program . State density bonu s
Density Bonus Deve lopment. requirements presented in renumbered Program H-
17a .
H-2 1 c . Height Bonuses . Maintain program .
(renumbe red as Program H-17b) ..
H-2 1d . Revis ions to the Parking Stand ards . Remove program . Downtown parking ana lysis
integrated within renumbered Program H -15a -
Downtown Sta ti on Area Plan .
H-22 . IN F IL L NEAR TRANSIT Policy carried forward (Policy and Programs moved
(Housing Element Policies and Programs Page 81) to new H-15 and consolidated)
H-22 a . Hiq her Density Infill Housinq Near Transit. Integrated within comprehensive renumbered
H -22b. Station Area Plans . Program H-15a Downtown Station Area Plan and
new Program H-15b -C iv ic Cen ter Station Area
Plan .
H-23 . MIXED-USE Policy carried forward (Programs moved and
(Hollsing Element Policies and Programs Page 82) consolida ted into other Policy sections}
H -23a . Zoning Amendments to Encourage Mixed -Integrated within renumbered Program H-14c-
Use . Zoning Provisions to Encourage Mixed Use ,
renumbered Program H-15a -Downtown Station
Area Plan and new Program H-15b -Civic Center
Station Area Plan .
H-24 . CONTRIBUTION S T OWARDS EMPLOYEE Policy carried forward (Programs mov ed and
HOUSING conso lidated into other Policy sections or removed)
(Hou s ing Element Policies and Progra ms, Page 82)
H-24a . Jobs/Housing Linkage Ordinance . Integrated within renumbered Program H-6a -In
Lieu Fees for Affordable Housing .
H-24b . Employe e Hou s ing Opportunities . Remove program .
H-25. SECOND UNITS Policy carried forward (Policy and Programs moved
(Housing Elem ent Policies and Programs, Page 83) to new H-16 where old programs were conso lidat ed
and new proqrams were added}
H-25a . New Second Un its .
H-25b . Second Unit Assistance .
H-25c . Publicitv. Consolid ated i nto single program addressing
H-25d . Required Parking for Second Dwe lling Units . second units (renumbered Program H-16a).
H -25e. City Fees to Redu ce Second Dwelling Uni t Component addressing reduced fees fo r second
Costs . units in leg rat ed within renumbered Program H-17c
H-25 f . Detached Second Dwelling Unit Stock Plan s. (Fee Waivers/Reductions).
Create new program to adopt standards to fac ilit ate
j unior second units (renumbered Program H-11 b)
1-5
Exhibit 1
Navigation of draft text track changes to the Hou s ing Goals, Policies and Programs
1-6
Exhibit 2
HOUSING ELEMENT LITIGATION SUMMARY (2013)
LIST OF JURISDICTIONS
City of Alameda
City of Benicia
City of Ca le xic o
City of Carlsbad
City of Folsom
C ity of Fremont
City of Healdsburg
City of Lincoln
City of Menlo Park
City of Monte Sereno
City of Murrieta
City of Pasadena
City of Pittsburgh
City of Pleasanton
CITY OF ALAMEDA
City of Rohnert Park
City of Santa Rosa
City of Solano Beach
City of Winters
County of Humboldt
County of Madera
County of Mendocino
County of Napa
County of Sacramento
County of Santa Cru z
County of Sonoma
County of Sutter
County of Yuba
Town of Corte Madera
• SUED IN FEBRUARY 2007: COLLINS V. C ITY OF ALAM EDA.
• PLAINTI FF OWNS 9 ACRES ALONG THE WATER AND WISHES TO DEVELOP HIGH DENS IT Y
RESIDENTIAL UN ITS ON A PORT ION ZO NED INDU STR IAL AND DES IGNATED AS POTE NTIAL
PUBLIC PARK SPACE .
• PLAINTIFF IS ARGU IN G THAT THE CITY'S HOUSING ELEMENT IS IN CONSISTENT W ITH ITS
GENERAL PLAN, I.E., TH E ZON ING ORDINANCE WHICH PROHIBITS PLAINTIFF FROM
DEVELOP IN G HIGH DENS ITY RESIDENTIAL UNITS ON HI S PARCEL IS INCO NSISTE NT WITH
THE CITY'S NEED FOR AFFORDAB LE HOUSING IN ORDER TO IMPLEMENT THE PROVISION S
OF THE IR HOUSING ELEMENT.
CITY OF BENICIA
• SUED BY CALIFORN IA AFFORDABLE HOUSING LAW PROJECT .
• STATE HCD CERTIFIED THE CITY'S HOUSING ELEMENT "BASED ON PAPER." CAHLP
TOOK PIC T URE S OF SITES THE CITY IDENTIFI ED. SOME WERE UNDER WATER ; OTHER
WERE ALREADY DEVELOPED. HCD RESCINDED THE IR CERTIF ICATION.
• CITY SETTLED AFTER 6 MONTHS OF LITIGATION . THE CITY wAs ORDERED TO PAY
$90,000 IN ATTORNEYS' FEES .
• A NEW CITY COUNCIL RENEGED ON T HE AGREEMENT, A PPEALED THE COURT'S
JUDGMENT THREE TIMES, AND LOST ON EVERY APPEAL . ALL IN ALL, THE CITY EXPENDED
$500,000 IN ATTORNEYS' FEES .
• SETTLEMENT EXCEEDED TH E REQU IREMENTS OF STATE LAW .
CITY OF CALEXICO
• SUED IN 2009 AND 2 010 BY A PR IVATE DEVELOPER WHO ARGUED RECENTLY
ADOPTED HOUSING ELEMENT WAS INAD EQUATE. BOTH LAWSUITS WERE
EITH ER DISMISSED OR SETTLED PRIOR TO GOING TO TRIAL.
2-'
Exh i bit 2
CIT Y O F CAR L SBAD
• FR IENDS OF AV IARA V . C ITY OF CARLSBAD (2012) 2 10 CAL. APP . 4TH 1103.
• RES I DENTS SUED T H E C ITY ALLEG I NG THAT THE REZON I NG PROGRAM IN THE
HOU S ING ELEMENT WAS INCONS I STENT W ITH THE C ITY'S GENERAL PLAN. THE
COURT HELD THAT THE HOUS I NG ELEMENT STATUTE ANT IC IPATED THAT
THERE COULD BE INCONSISTENC IES BETWEEN THE HOUSING ELEMENT AND
GENERAL PLAN , SO LONG AS THE HO US I NG ELEME NT CONTAINED A T IMELINE
FOR RESOLVING THE INCONS ISTENC IES .
CITY OF F REMONT
• SUED BY CALIFORNIA AFFORDABLE HOUSING LAW PROJECT AND LAW CENTER FOR
FAM ILIES .
• SETTLEMENT COMM ITTED THE CITY TO (1) REZONE 286 ACRES FOR MULTI-FAM ILY
HOUS ING AND PLANNED DEVELOPMENT TO MEET AFFORDABLE HOUS ING NEEDS , (2)
IDENTIFY S ITES FOR BU ILD ING HOUSING THAT IS AFFORDABLE TO LOW AND VERY LOW
INCOME HOUSEHO LDS, AND (3) SIGNIFICANTLY MOD IFY ITS HOUS ING ELEMENT TO
REMOVE BARR IERS AND BETTER PLAN FOR AFFORDABLE HOUS ING .
CITY OF HEALDSB URG
o SUED BY SONOMA COUNTY HOUS ING ADVOCACY GROUP .
o SETTLEMENT AGREEMENT REQU IRED THE C ITY TO REZONE PARCELS, ANNEX OTHERS,
AND ENACT ZONING ORD INANCES TO ENCOURAGE AFFORDAB LE HOUS ING.
• THE C ITY WAS ORDERED TO PAY ATTORNEYS' FEES.
CITY OF liNCOLN
• SUED BY LEGAL SERVICES.
• COURT ORDERED M ORAT ORIA ON ALL DEVELOPMENT UNTIL THE C ITY ATTAI N ED A STATE
CERT IFIED HOU SING ELEMENT.
C ITY OF PASADEN A
• SUED BY CALIFORN IA AFFORDABLE HOUS ING LAW PROJECT AND LEGAL SERVICES.
• COURT ORDERED MORATORIA ON ALL DEVELOPMENT UNTIL THE C ITY ATTA INED A STATE
CERTIF IED HOU SING ELEMENT.
CITY OF P ITTSB URGH
• SUED BY CALIFORN IA AFFORDABLE HOUSING LAW PROJECT AND PUBLI C ADVOCATE S,
INC .
• SETTLEMENT COMMITTED THE C ITY TO PRODUCE 990 UN ITS OF AFFORDABLE HOUSING
OVER 9 YEAR S. 396 OF THESE UN ITS MUST BE AFFORDABLE TO VERY LOW INCOME
RES IDENTS . 200 OF THESE MUST BE BU ILT W ITH IN 4 YEARS.
o CITY ALSO AGREED TO PROVIDE INCENTIVES FOR CONSTRUCT ION OF LARGER UN ITS, AND
UN ITS AFFORDABLE TO EXTREMELY LOW INCOME RES IDENTS, AND TO PROVIDE A
PREFERENCE THAT ENSURES PEOPLE WHO LIVE OR WORK IN THE C ITY WILL BENEFIT
FROM NEW UN ITS.
C ITY OF ROHNERT PARK
• SUED BY SONOMA COUNTY HOU SING ADVOCACY GROUP .
2-2
Ex hibit 2
• COURT ORDERED ROHNERT PARK TO REVISE ITS HOU SING ELEMENT FOR IMMEDIATE
SUBM ISS ION TO HCD .
• THE CITY WAS ORDERED TO PAY ATTORNEYS' FEES .
C ITY OF SANTA ROSA
• SUED BY CAHLP AND SONOMA COUNTY HOU SING ADVOCA CY GROUP .
• MOST OF THE HOU SING BU IL T PRIOR TO LITIGATION WAS FOR UPPER IN COME
HOUSEHOLDS. Low AND MOD ERATE INCOME FAM ILIES (70% OF THE POPULAT ION) SAW
ONLY 7% OF THE HOUS ING BU ILT.
• COURT ORDERED SANTA RO SA TO REVISE IT S HOUSING ELEMENT FOR IMM EDIATE
SUBMISS ION TO HCD .
• UNDER THE TERMS OF THEIR SETTLEME NT, SANTA ROSA IS COMMITTED TO SIMPLIFY ING
THE APPROVAL PROCESS FOR HIGHER DENSITY HOUS ING DEVELOPMENTS (E .G.,
DEVELOPERS ARE NOT REQUIRED TO APPLY FOR CUPS), TO SPEC IFYING A SITE FOR A 40
+ BED HOMELESS SHELTER AND ASSISTI NG WITH ITS ACQUIS ITION , TO ESTABLISH IN G AN
AFFORDABLE HOUSING TRUST FUND , AND TO IMPOS ING A FEE ON NEW COMMERCIAL AND
INDUSTRIAL DEVELOPMENT TO SUPPORT DEVELOPMENT OF AFFORDABLE HOU SING FOR
THE FAC ILI TIES' WORKERS .
CITY OF WINTERS
• SUED BY LEGAL SERVICES FOR NOT SETTING ASIDE A SUFFICIENT PERCENTAGE OF
UN ITS IN NEW DEVELOPM ENTS FOR AFFORDAB LE HOUSING.
• PAR TIES SETT LED PURSUANT TO A STIPULATED JUDGMENT .
• THE CITY MUST REPORT TO PLAINTI FF EACH YEAR, AND PLAINTI FF MAY APPROVE OR
DISAPPROVE OF THE CITY'S HOUSING ELEMENT.
COUNTY OF HUMBOLDT
• S U ED BY HUMBOLDT SUNSH IN E, INC ., A COALITION OF DEVELOPERS, BECAUSE
THE HOUSING ELEMENT WAS O UT OF COMPLI ANCE . HOUSING ADVOCACY
GROUP H O USING FOR ALL IN TERVENED.
• THE COUNTY SETTL ED W ITH HOU SING FOR ALL IN 2011 . THE SETTL EMENT
PROVIDED A TIMELINE FOR COMPLETION OF THE MULTIFAMILY REZON ING
EFFORT IN ORDER TO AVOI D A COURT-IM POSED BU ILD ING MORATORIUM. THE
COU NT Y DID NOT OBTA IN ITS RECERTIF ICATIO N FOR ITS HOUS ING ELEMENT BY
A U G . 15,2011, SO T H E HUMBOLDT COU NTY S U PERIOR COU RT IMPOSED A
BUI L D IN G MORATOR IUM THAT TOOK EFFECT IN OCTOBER 2011 .
CITY OF MENLO PARK
• LAWSU IT BROUGHT I N 2012 BY P U B LI C ADVOCATES,INC. AND T H E PUBLIC
INTEREST LAW PROJECT REPRESENTING PEN IN SULA INTERFAITH ACTION,
UNI TED HABITAT PROGRAM, A ND YOUTH UNITED FOR COMMU NI TY ACTION FOR
NOT ADOPTING HOUSING ELEMENT S IN CE 1992.
• THE CITY AGREEDTOA SETTLEMENT IN MAY 2 01 2 , IN CLUD IN G ADOPTION OF A
VALID H O U S ING E L EME NT BY MARCH 2013, IMPLEMENTING ANY REQUIRED
REZONING , A N D GIVING PRIOR ITY TO NON-PROFIT HOUSING DEVELOPERS IN
ALLOCATIN G LOCAL FUNDS .
2-3
Exhibit 2
CITY OF MONTE SERENO
• CITY SUED IN 2012BY DEVELOPER ALLEG ING THAT HIS PROPERTY WAS
REQUIRED TO BE REZONED PURSUANT TO A POLICY IN THE C IT Y'S HOUSI N G
ELEMENT. CASE IS PEND ING IN SA NTA CLARA SUPERIOR COURT
CITY OF MURRIETA
• DEVELOPER FILED PETITION FOR WRITOF MANDATE IN 2008 TO ORD ER CITY TO
PREPARE OVERDUE HOUSING E LEMENT . C ITY ADOPTED ITS H OUSIN G ELE MEN T
IN JUNE 2011 AND PREVAILED ON THE WRIT OF MANDATE ACT ION IN SUPER IOR
COURT.
CITY OF PLEASANTON
• URBAN HABI TAT PROGRAMV. C ITY OF PLEASANTON (2008) 164 CAL. APP . 4TH
1561 .
• LAWSUI T BROUGHT BY PUBLIC ADVOCATES , INC.
• COURT OF APPEALS DISMISSED THE HOUSING ELEMENT CHALLENGE AS
UNTIMELY. HOWEVER, CLAIMS WERE ALLOWED TO PROCEED ALLEG ING THAT,
AFTER ADOPTION OF THE HOUSING ELEMENT, THE CITY'S GROWTH
MANAGEMENT LAWS PREVENTED COMPLIANCE W ITH HO U SIN G ELEME NT LAW.
• CALIFORN IA ATTORNEY GENERAL WAS ALLOWED TO INTERVENE . SUPERIOR
COURT FOUND IN MARCH 20 10 THATTHE GROWTH CONTROL MEAS URES WERE
IN CONS ISTENT W ITH HOU SI NG ELEMENT LAW. IN A SETTLEMENT, THE CITY
AGREED TO: 1) ELIM INATE GROWTH CAP ; 2) PREPARE AN ADEQUATE HOUS IN G
ELEMENT; 3) ADOPT A CLIMATE ACT ION PLAN; 4) ADOPT A NONDISCR IMIN ATION
RESOLUT ION ; AND 5) APPROVE RESIDENT IAL DEVELOPMENT OF AT LEAST 30
UNITS/A CR E ATTHE HAC IE NDA BUS INESS PARK, INCLUD ING 15 % OR MINIMUM
130 UN IT S OF VERY LOW INCOME FAMILY HOUSING . $1.9 MILLION IN ATTORNEYS
FEES , PLUS $600,000 IN DEFE NS E COSTS .
CITY OF SOLANA BEACH
• HARO V. C ITY OF SOLANA BEACH (20 11 ) 195 CAL APP . 4TH 542.
• LAWSU IT BROUGHT BY AFFORDABLE HOUSING ADVOCATES IN 2008 ON BEHALF
OF AN IN DIVIDUAL FOR FA ILURE TO IMPL EMENT HOUS ING ELEMENT. CO U RT OF
APPEAL FOUND CASE TO HAVE BEEN UNTIMELY F ILED .
CO UN TY OF MADERA
• SUED BY CALIFORN IA RURAL LEGAL ASS ISTANCE.
• COUNTY CHAL L ENGED HOUSIN G EL EMENT LAW AS AN "UNFUNDED MANDATE," A
DEFENSE WHICH CO UNTY COUNSEL DESCR IBED AS HANDING A "SLAM DUNK " W IN TO
PLAINTIFFS.
• COURT ORDERED COUNTY TO PAY ATTORNEYS' FEES.
COUNTY OF MENDOCINO
• SUED BY LEGAL SERVICES AND CALIFORN IA AFFORDABLE HOUSING LAW PROJECT .
• STATE HCD REQU IRED COUNTY TO REZONE 40 ACRES FOR AFFORDABLE HOUSING.
COUNTY SIT ES WERE NOT PHY SICALLY OR REALIST ICALLY CAPABLE OF ACCOMMODAT IN G
AFFORDABLE HOUS ING .
• SETTLEMENT IMPLEMENTED A DEVE LOPMENT MORATORIUM IF HCD DID NOT CERT IFY
THE COUNTY'S HOUSING ELEME NT .
2-4
Ex hibit 2
• ATTORNEYS' FEES AWARDED FOR PRE-LITI GATIO N WORK BASED oN PUBLIC BENEF IT
THEORY.
• HCD HAS COND IT IONALLY CERTIF IED TH E COUNTY'S CURRENT HOU S IN G ELEMENT, BUT
THE CO URT MO NITO RS ONGO ING COUNTY COMPLIANCE .
C OUNTY OF NAPA
• SUED BY CALIFORN IA RURAL L EGAL A SSISTANCE AND PUBLIC ADVOCA T ES, I NC .
• COURT ORDERED STIPULATION: THE COUNTY AGREED TO (1) MAKE ADEQUATE
PROVISION FOR LOW IN CO ME AND FARMWORKER HOUSING IN ITS GENERAL PLAN, (2)
IDENTIFY AND REZONE SITES TO A CCO MM ODATE AFFORDABLE HOUSI N G, (3) ALLOCATE
FUNDS FROM ITS TRUST FU ND FOR AFFORDABLE HOUS IN G, AND (4) PROH IB IT MARKET
RATE DEVELOPME NT FROM S ITES "RESTRAINED" TO AFFORDABLE HOU S ING -AS
DETERMINED BY PLAINTIFF .
• COURT ORDERED MORATORIA ON DEVELOPMENT.
• THE COUNTY WAS ORDERED TO PAY ATTORNEYS' FEES .
CO UNTY OF SACRAMENTO
• SUED BY LEGAL SERVICES.
• COUNTY FA ILED TO IMPLEMENT ITS HOUS IN G ELEME NT.
• COURT RULED AGAI NST COUNTY IN SEVERAL PRO CEE DIN GS, RESULTING IN STIPUL ATED
JUDGMENT TO IMPLEMENT HOUS IN G ELEM ENT. SUBSTANTIAL ATTORNEYS' FEES
AWARDED.
• COURT ORDERED COUNTY TO ADOPT UPGRADED DEV ELOPMENT STA NDARD S FOR
MULTIFAM IL Y PROJECTS AND ENACT AME NDM EN TS TO THE ZONING CODE TO ENSURE
THAT MULTIFAM ILy PROJECTS ARE REV I EWE D THROUGH A SIMPLIF IED PROCESS .
• COUNTY IMPOSED MORATOR IA PROH IBITING BU ILD IN G EXCEPT MU LT IFAM ILY RES IDENCES
ON LANDS ZO NED LIMITED COMMERCIAL OR SHOPP IN G CENTER. COUNTY ADOPTED AN
INCLUS IONARY ZO NING ORD IN ANCE.
• LEGAL SERVICES LAWS UI T REMA IN S ACTIVE BA SED ON CLA IM S COUNT Y ST ILL HAS NOT
COMPLIED WITH T HE SE TTL EM ENT AGREEMENT.
CO UN TY OF S ANTA CRUZ
• SUED BY CALIFORN IA RURAL L EGA L A SS ISTAN CE.
• C IVIL GRAND JURY RECOMMENDED THE DI ST RI CT ATTORNEY SUE COUNTY
S UPERVISORS TO FORCE THEM TO COMP LY WITH HOU S ING MANDATE.
• COUNTY'S HOUS IN G ELEMENT CO NTAIN S AN "AFFORDABLE H OUS IN G COMB IN ING
D ISTR ICT PROGRA M," WHI CH PROVIDES FOR THE REZON ING OF 44 ACRES AT 20 UNIT S
PER ACRE, W ITH 40% OF T HE UNITS PERMANENTLY AFFORDABLE THROUGH DEED
RESTRICTIONS .
• WHEN PLA INT IF F S UED, THE PROG RA M HAD NOT GONE IN TO EFFECT, AND THE 44 ACRES
HAD NOT BEE N DESIGNATED.
• THE PROGRAM REQU IRED TH E COUNTY TO APPLY DESIGN REVIEW, SUBDIV ISION MAP
A CT AND CEQA REV IEW. BUT STATE LAW SAYS "THE USE A ND DENS ITY SHAL L BE
ALLOWE D BY RIGHT." THE CO URT RULED THE PROGRAM GAVE THE COUNTY DISCRETION
TO APPLY CEQA CONTRARY TO STAlE LAW.
• COUNTY COUN SE L ANTIC I PATES THEY W ILL BE WR ITING PLA INTIFF "A BIG [AT TORNEYS'
FEESj CHECK'::
2-5
Exhibit 2
o COURT ORDERED THE COUNTY TO REZONE 30 ACRES FOR HIGH DENSITY PRO J ECTS BY
J UNE 30 , 2007. T HE COUNTY WI LL NOT MEE T THE DEAD LIN E , AND EXPECTS PLAINTIFF
WI LL TAKE THEM BACK TO COURT.
COUNTY OF SONOMA
o SUED BY SONOMA COUNTY HOUSIN G ADVOCACY GROUP.
o COURT ORD ERED MORATORIA ON AL L DEVELOPMENT UNTIL T HE COUNTY ATTA IN ED A
STA TE CERTIFIED H OU SIN G ELEME NT.
o THE COUNTY WAS ORDERED TO PAY OVER $300 ,000 IN ATTORNEYS' FEES .
COUNTY OF SUTTER
o SUED BY CALIFORNIA RURAL LEGAL A SS ISTANCE.
o COURT ORDERED CO NSENT DECREE REQUIR IN G THE COUNTY IDENTIFY ADEQUATE SITE S
T O ACCOMMODATE AFFORDABLE HO US IN G.
COUNTY OF YUBA
• SUED BY CALIFORNIA RURAL LEGAL A SSIS TA NCE .
o COURT ORDERED MORATORIA ON ALL DEVE LO PMENT UNTIL THE COUNTY ATTAINED A
STATE CERTIF IED HOU SI NG ELEMENT.
o COUNTY WAS ORDERE D TO PAY SUBSTANTIAL ATTORNEYS' FEES .
TOWN OF CORTE MADERA
• SUED BY LEGAL AID AND PUBLIC ADVOCAT ES, I NC .
• COURT ISS UED AN INJUNCTION AGAINST CORTE MADERA, WHI CH SETTLED T HE LAWS UIT
ON THE CONDITION THAT THE CITY MEET A SERIES OF STR IN GENT REQUIREMENTS,
INCL UDING ATTA INING A STATE CERT IFIED H OUSING ELEMENT AND IM POS IN G A FEE ON
COMMERCIAL DEVELOPMENT TO FUND AFFORDABLE HOUSING .
o COURT PROHIBITE D THE CITY FROM APPROVING ANYT HIN G BUT AFFOR DABLE HOUS ING
DEVELOPMENT ON 10 KEY S IT ES UN T IL IT ATTAI NED CERT IFI CATION.
• THE CITY WAS ORDERED TO PAY ATTORN EYS ' FEES .
2-6
EXHIBIT 3
Correspondence Received to Date on
Draft 2015-2023 Housing Element Update
Marin Envi ro nm e nt al Housing Coll aborati ve
June 23 , 2014
Paul Jensen, Community Development Director
City of San Rafael
1400 Fifth Ave
San Rafael, CA 94901
Dear Paul ,
~1Jool !_'_CoI.l"""
PO Bo>SiJl
S"R~QeI,CAI)I9j 2
4 '!l-.666 -::.20 ~
The Marin Environmenta l Housing Collaborative is a partnership of affordable hou sing ,
environmenta l, and socia l justice advocates. MEHC works to promote public support for
projects that advance affordab le housing, environmental integrity , and soc ia l justice . We
have reviewed the attached white paper on "Junior Second Units " (JSU's) prepared by the
City of Novato. We are endorsing the JSU concept for inclusion in the Housing Elements that
are currently being drafted in Marin's cities, towns , and the County .
Junior Second Units are smaller versions of the "second dwelling units" or "granny flats " that
are allowed in a ll Ca lifornia municipalities . JSU's are created by repurposing a bedroom in an
e xisting single -family , owner-occupied home . They have wet bars and microwave ovens
rather than kitchens , and an exterior entrance . They are typically limited to 500 square fe e t.
Utility connections are sized to preclude future expansion.
JSU's offer the following advantages over conventional granny flat s :
• For all practical purposes , JSU 's do not increase the occupancy on a property since
use existing bedroom space . JSU's have no off-site impacts . Accordingly, JSU's can
be regulated with less strenuous zoning regulations than co nv entiona l second
dwelling units . For example, there would be no need to require additiona l on-s ite
parki ng .
• Fee reductions are appropriate for JSU 's . A home that has converted the third
bedroom to a JSU wo uld not generate more trips than the three-bedroom hom e next
door. The JSU cou ld be ex empt from traffic fees .
• Local surveys have shown that in the Marin market , second dwelling units are
affordable housing . Due to their very compact si ze, JSU 's would be even more
affordable.
•
•
HCD has ind icated that JSU 's can be counted towards meeting a jurisdiction 's RHNA
numbe rs .
JSU's would not increase the dens ity in an area and would be more readily accepted
by neighbors .
We believe that Junior Second Units can be an attractive and affordab le housing option for
low-incom e people , and for households with space to spare, or for senior homeowners who
need a live-in caretaker. We are encouraging all of th e Marin jurisdictions to incl ude policies
that encourage JSU's in their Housing El e ments.
Si ncerely
IjJ
Robert J . Pendoley
Chair olthe Board
Marin Environmental Housing Collaborative
Exhibit 4
NOTICE OF PUBLIC MEETING -PLANNING COMMISSION
You are i nvited to attend th e Planning Commission mee ting on th e foll owi ng proposed project:
PROJECT: SAN RAFAEL GENERAL PLAN 2020 HOUSING ELEMENT UPDATE Introductio n of Hous ing Element Update in clud ing: a )
review o f see pe and up comi ng schedu le for co mpl etio n of a draft Housing Element; a nd b) revi ew of th e Housing Needs Assessment. P er Sta t e
law, an upd ate of th e Ci ty's Housing El ement , one of th e req ui red elements of th e City's Gene ral Pl an, is req uired every five-e ig ht yea rs; thi s
update will cove r th e tim e pe riod of 2015-2023: City of Sa n Rafae l, project proponen t ; File No(s).: GPA 14 -001 : P1 3-0 03.
As r fJqlJlred by staff! law, the 110Cls/,.,g Elemen t Update will be slJbject to the provisIons of /h e California EnvlrQnmen lf1/ Q /,J~lIIy Act (CEQA) Guldelires, Upon
completed of the draft Housing Element and supportive BtlckgfOund Report, an assessment o f th e poten tial environmental impac ts of the project will be completed
and (lIe appropriate en~ironmentaf documen t will be prepared,
MEETING DATEITIME/LOCATION: Tue s day, April 29, 2 014 , 7:00 p.m . City Cou ncil Chambers, 1400 Fifth Ave at D St , San Rafael, CA
FOR MORE INFORMATION: Cont act Paul Jen se n, at (415) 485-5064 or paul ,j ensen@c ltyofsanrafao l.o rg . You can a lso come t o th e
Planni ng Division offi ce, loca ted in City Hall , 1400 Fifth Ave n ue to review th e fil e, pertinent Infor m ati on and the Housing Needs Assessm ent. T he
office Is ope n fr om 8:3 0 a .m . to 5:00 p.m. on Mond ay a nd Thursd ay and 8:30am to 12:45pm on T uesday, Wednesd ay and Fr id ay. You can a lso
view th e s ta ff report afte r 5:00 p.m. o n the Frid ay before th e meeti ng at http://v.-ww.ci tyofsa nrafae l.org/m eeti ngs
WHAT WILL HAPPEN : You can comment on th e Housing Etemen t Upd ate. The Plann ing Commission wil l co nsider all public testimony a nd
provide co mme nts on t hi s project.
tF YOU CANNOT ATTEND : Yo u can send a letter to th e Co mmunity Development Depa rtm e nt, Pl ann in g Divisio n, Cily of Sa n Rafae l , P. O . Box
151560, Sa n Rafael, CA 949 15-1560. You ca n also hand deliver it pri or to th e meeti ng .
Allhe above lime and pl ace. ali lettel'$ rece ived will be nOled "nd ~lIl nt efasted part le5 will be heard , If you chlilllellge: 111 court the matler described abolle, yq u rpay be IImll ed 10 r"islng
only Ihose Inues yo u or so meone else raised at the public heanng described In this nollol!l, or in wrltlen corrlupondence dl!lllve red at, or prior 10, th e above re ferenced public hearing
(Governmen t Code Section 65009 (b) (2»).
App eals of dac:15 Iof\$ by tht'l Planning Commlulon to the City Counoll e.hall be made ~. fi Ung iii notice the reo f In wri ting wi th Ihe required feo 10 th e Planolng Dlv l&lon of Ihe Comm unity
Developmen t Departmen t wi thin 5 working days of a d~cls l on Involving Tille 14 (Zo ning) (SRM C Section 14 .28.030) or within 10 ca lendar days of OJ decis ion Invo lv in g TWa 15
(S ubd ivisio ns) (S RMC 15.56.010).
S/pn LOl1guage and In /erpre/atlon and 8ss/sliva }{s/enlng devices m8y be requ8stt'ld by c8111ng (415) 485-3D85 (voice) or(4 15) 485-3198 (TOO) et leasi72/JOIlf5 fn advanc;o . Coplas of
documents are avallabl9 In bCC9:;s;ble IOmla ts upon r6qu8.s/.
Puc/(c trallsportation to Ci/JI Hell Is avsj/eb/e throug11 GOlden Gate TransIt , L.ine 22 or 23. Pors·trfmslt /s 811sifable by celj]nQ Whislleslop WIIO(J/s,,/ (4'5) 454-0984 ,
To allolV Indivldu81s with environmen tal Illness or multlpje, chemical sensllMty to attend th o meelinglhearing, Individuals are requested to re frs ln from WBSrlrfg scented products .
City of San Rafael
Public Review Draft
July 31, 2014
Appendix B
2015-2023 Housing Element Update
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
[This page intentionally left blank]
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
Introduction to Appendix B (2015-2023 Housing Element)
Appendix B, the Housing Element appendices of the 2009-2014 Housing Element, was part of the
overall appendices for the City’s General Plan. In developing the 2015-2023 Housing Element, the
appendices for the Housing Element will continue to remain as Appendix B. However, the content
of the 2009-2014 Housing Element appendices has been reorganized in the 2015-2023 Housing
Element to better present information by key relevant sections. In other words, the information
presented in the previous Housing Element appendices has been carried over and updated but
the arrangement may differ from the previous format. Appendix B of the 2015-2023 Housing
Element organizes information in five sections:
Appendix B-1: Housing Needs Assessment
The Housing Needs Assessment is an analysis of demographic profiles, household profiles, special
needs populations, housing characteristics and the Regional Housing Needs Allocation. 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 and remove unnecessary impediments in the review of this document by HCD, City staff
and interested parties. Appendix B-1 roughly corresponds to Appendix B of the 2009-2014
Housing Element, pages 317 to 355.
Appendix B-2: Housing Constraints
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
differences from the last Housing Element. Appendix B-2 roughly corresponds to Appendix B of
the 2009-2014 Housing Element, pages 392-8 to 392-30.
Appendix B-3: Site Inventory and Residential Capacity
The Site Inventory and Residential Capacity section provides an analysis showing the ways in
which the City would plan for the required number of units to meet the RHNA. This section
contains an inventory of sites and shows that the residential capacity of these sites can meet
projected housing needs in each income level. This section contains an updated and reorganized
discussion of the sites inventory and capacity analysis. Redlined changes show revisions that have
been made. Appendix B-3 roughly corresponds to Appendix B of the 2009-2014 Housing Element,
pages 378 to 392-8.
Appendix B-4: Housing Resources
The Housing Resources section identifies the financial 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 listing the energy
conservation programs that are available. Redlined changes show the revisions that have been
made. Appendix B-4 roughly corresponds to Appendix B of the 2009-2014 Housing Element, pages
356 to 357.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
Appendix B-5: Evaluation of Accomplishments under Adopted Housing Element
The Evaluation of Accomplishments section reviews the status of existing Housing Element
programs and reestablishes the programs section to meet the goals of the 2015-2023 Housing
Element. This section discusses accomplishments and proposes the addition, removal, renaming
or consolidation/integration of programs in the 2015-2023 Housing Element. Appendix B-5
roughly corresponds to Appendix B of the 2009-2014 Housing Element, pages 358 to 377.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B-i
Table of Contents
Table of Contents
Table of Contents .............................................................................................................................. i
Table of Exhibits ............................................................................................................................. iii
Appendix B-1. Housing Needs Assessment ................................................................................ B1-1
A. Executive Summary ........................................................................................................ B1-1
B. Introduction to the Housing Needs Assessment ............................................................ B1-7
C. Demographic Profile ....................................................................................................... B1-9
1. Population Growth and Trends ................................................................................ B1-9
2. Age Characteristics ................................................................................................. B1-11
3. Race and Ethnicity .................................................................................................. B1-12
4. Employment ........................................................................................................... B1-13
D. Household Profile ......................................................................................................... B1-17
1. Household Type ...................................................................................................... B1-17
2. Household Income.................................................................................................. B1-18
E. Special Needs Populations ........................................................................................... B1-21
1. Senior Households .................................................................................................. B1-22
2. Persons with Disabilities ......................................................................................... B1-24
3. Large Households ................................................................................................... B1-26
4. Female-Headed Households .................................................................................. B1-27
5. Homeless ................................................................................................................ B1-28
6. Farmworkers .......................................................................................................... B1-33
F. Housing Stock Characteristics....................................................................................... B1-35
1. Housing Growth ...................................................................................................... B1-35
2. Housing Type and Tenure ....................................................................................... B1-37
3. Housing Age and Condition .................................................................................... B1-39
4. Housing Costs and Affordability ............................................................................. B1-41
5. Assisted Housing At-Risk of Conversion ................................................................. B1-47
6. Housing Problems ................................................................................................... B1-52
G. Regional Housing Needs Allocation (RHNA) ................................................................. B1-55
Appendix B-2. Housing Constraints ............................................................................................ B2-1
A. Governmental Constraints and Opportunities ............................................................... B2-1
1. Land Use Controls and Development Standards ...................................................... B2-1
2. Second Units ............................................................................................................. B2-4
3. Provision for a Variety of Housing Types.................................................................. B2-7
4. Housing for Persons with Disabilities ..................................................................... B2-10
5. Transitional and Supportive Housing ..................................................................... B2-11
6. Emergency Shelters ................................................................................................ B2-12
7. Building Code .......................................................................................................... B2-14
8. Local Processing and Permit Procedures ............................................................... B2-14
9. Project Selection Process ....................................................................................... B2-21
10. Affordable Housing (Inclusionary Housing) Requirement .................................... B2-21
11. Fees and Exactions ................................................................................................ B2-24
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B-ii
Table of Contents
12. Article 34 Referenda .............................................................................................. B2-29
B. Non-Governmental Constraints and Opportunities ..................................................... B2-30
1. Land and Construction Costs .................................................................................. B2-30
2. Financing Costs ....................................................................................................... B2-31
3. Community Concerns ............................................................................................. B2-31
4. Working with Non-Profit Housing Developers ....................................................... B2-32
5. Financing Incentives for Workforce and Special Housing Needs ........................... B2-32
6. Fair Housing ............................................................................................................ B2-34
Appendix B-3. Sites Inventory and Capacity Analysis ................................................................. B3-1
A. Site Inventory and Capacity Analysis .............................................................................. B3-1
1. Summary of Sites to Meet RHNA ............................................................................. B3-1
2. Residential Projects with Entitlements .................................................................... B3-2
3. Residential District Sites ........................................................................................... B3-3
4. Mixed Use and Commercial Districts ..................................................................... B3-11
5. Housing Opportunity Sites Map. ............................................................................ B3-21
6. Zoning to Accommodate Housing Lower Income Households .............................. B3-26
7. Second Dwelling Units ............................................................................................ B3-30
B. Infrastructure Availability ............................................................................................. B3-32
Appendix B-4. Housing Resources .............................................................................................. B4-1
A. Financial Resources ........................................................................................................ B4-1
B. Administrative Resources ............................................................................................... B4-5
C. Opportunities for Energy Conservation.......................................................................... B4-6
1. Climate Change and Sustainable Housing ................................................................ B4-6
2. Opportunities for Energy Conservation ................................................................... B4-7
3. Energy Conservation Programs ................................................................................ B4-8
Appendix B-5. Evaluation of Accomplishments under Adopted Housing Element .................... B5-1
A. Summary of Accomplishments ....................................................................................... B5-1
B. Key Findings from the Evaluation of the City’s Current Housing Element ..................... B5-4
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B-iii
Table of Contents
Table of Exhibits
Appendix B-1. Housing Needs Assessment
Table B1. 1: RHNA Allocation by Income Level 2014-2022 ....................................................................... B1-5
Table B1.2: Regional Population Growth Trends 1990-2010 .................................................................... B1-9
Table B1.3: Regional Population Projections 2010-2040 ........................................................................ B1-10
Table B1.4: Age Distribution 2000-2010 .................................................................................................. B1-11
Table B1.5: Racial and Ethnic Composition 2000-2010 ........................................................................... B1-12
Table B1.6: Occupations of Employed San Rafael Residents in 2011 ...................................................... B1-13
Table B1.7: Jobs in San Rafael by Industry Sector 2011 .......................................................................... B1-14
Table B1.8: Major Employers in San Rafael in 2013 ................................................................................ B1-15
Table B1.9: ABAG Employment Projections ............................................................................................ B1-15
Table B1.10: Household Characteristics 2000-2010 ................................................................................ B1-17
Table B1.11: Household Projections 2010-2040 ..................................................................................... B1-18
Table B1.12: 2013 Income Category Definitions ..................................................................................... B1-18
Table B1.13: Household Income Distribution 2011 ................................................................................. B1-19
Table B1.14: Bay Area Wages for Select Occupations - 2013 .................................................................. B1-20
Table B1.15: Special Needs Populations - 2010 ....................................................................................... B1-21
Table B1.16: Developmentally Disabled Residents Served by GGRC w/in San Rafael Zip Codes ............ B1-25
Table B1. 17: Marin County Homeless Count 2013 ................................................................................. B1-28
Table B1.18: Marin County Unsheltered Homeless 2013 ........................................................................ B1-30
Table B1.19: 2013 Marin County Homeless Housing Inventory .............................................................. B1-31
Table B1.20: Shelter and Housing for Homeless in City of San Rafael (# of Beds) .................................. B1-32
Table B1.21: Countywide Housing Growth Trends 1990-2013 ............................................................... B1-36
Table B1.22: Household Growth Trends 2010-2040 ............................................................................... B1-36
Table B1.23: Housing Unit Type 2000 - 2010........................................................................................... B1-37
Table B1.24: Owner/Renter Tenure 2000-2010 ...................................................................................... B1-37
Table B1.25: Age of Housing Stock - 2011 ............................................................................................... B1-39
Table B1.26: Annual Rent Trends By Unit Type 2010-2013 ..................................................................... B1-41
Table B1.27: Regional Single-Family Homes and Condominium Sales Jan-Dec 2013 .............................. B1-42
Table B1.28: San Rafael Home and Condominium Sales Prices Jan-Dec 2013 ........................................ B1-43
Table B1.29: 2013 Marin County Maximum Affordable Housing Cost (Moderate Income) ................... B1-45
Table B1.30: 2013 Maximum Affordable Rents in Marin County ............................................................ B1-46
Table B1.31: Publicly Assisted Affordable Rental Housing in San Rafael ................................................. B1-48
Table B1.32: Annual Rent Subsidies Required to Preserve At-Risk Units ................................................ B1-51
Table B1.33: Housing Overpayment in San Rafael - 2010 ....................................................................... B1-52
Table B1.34: Overcrowded Households - 2010 ....................................................................................... B1-53
Table B1.35: Regional Housing Needs Allocation 2014-2022 .................................................................. B1-55
Figure B1.1: Senior Homeowners Living Alone ........................................................................................ B1-23
Figure B1.2: Renter Overcrowding .......................................................................................................... B1-54
Appendix B-2. Housing Constraints
Table B2.1: City of San Rafael Zoning Standards for Multifamily and Mixed-Use Residential Districts .... B2-1
Table B2.2: Parking Standards in San Rafael ............................................................................................. B2-3
Table B2.3: Second Units Production: 2000 to 2013 ................................................................................. B2-5
Table B2.4: Survey of Second Units (Results from 1990, 2001, and 2008 Surveys) .................................. B2-6
Table B2.5 : Permitted Housing Types by Zoning District .......................................................................... B2-8
Table B2.6: Planning Permits for Housing Development ......................................................................... B2-15
Table B2.7: Neighborhood Meetings in Projects ..................................................................................... B2-17
Table B2.8: Design Review Process Elements and Timeline .................................................................... B2-19
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B-iv
Table of Contents
Table B2.9: Types of Fees Charged .......................................................................................................... B2-24
Table B2.10: Survey of Impact Fees for Selected Cities ........................................................................... B2-25
Table B2.11: Average Development Fees in San Rafael and Marin County ............................................ B2-26
Table B2.12: San Rafael and Average Marin County Fees for a Single-Family Home and a
Multifamily Unit ................................................................................................................. B2-27
Appendix B-3. Sites Inventory and Capacity Analysis
Table B3.1: Potential for Sites to Accommodate Housing Units during 2014-2022 RHNA Period ............ B3-1
Table B3.2: Residential Projects (of 3 or More Units) Entitled or Constructed in 2014 ............................ B3-2
Table B3.3: Total Unit Capacity of Residential Sites .................................................................................. B3-3
Table B3.4: Historic Approvals of Sites Zoned Residential, 2000 – 2014 .................................................... B3-3
Table B3.5: Vacant Residential Sites Available for Development .............................................................. B3-7
Table B3.6: Residential Sites Underutilized Available for Development ................................................... B3-9
Table B3.7: Total Unit Capacity of Mixed-Use Sites ................................................................................ B3-11
Table B3.8: Historic Approvals of Mixed Use Sites, 2000 – 2014 .............................................................. B3-12
Table B3.9: Available Acreage for Nonresidential Development in Mixed-Use Districts ......................... B3-13
Table B3.10: Vacant Mixed-Use Sites Available for Development ............................................................ B3-15
Table B3.11: Underutilized Mixed-Use Sites Available for Development ................................................... B3-16
Table B3.12: Residential Development at 30+ Units/Acre, 1992 – 2013 ................................................. B3-26
Table B3.13: Vacant or Underutilized Residential Sites at 30+ Units per Acre Available for
Development ...................................................................................................................... B3-27
Table B3.14: Vacant or Underutilized Mixed Use Sites at 30+ Units per Acre Available for
Development ...................................................................................................................... B3-28
Table B3.15: Type of Second Unit Approval ............................................................................................ B3-31
Table B3.16: MMWD Schedule of Service Installation Charges in 2014 .................................................. B3-32
Figure B3.1: Housing Opportunity Sites Map (Overview) ........................................................................ B3-21
Figure B3.2: Housing Opportunity Sites Map (North).............................................................................. B3-22
Figure B3.3: Housing Opportunity Sites Map (West) ............................................................................... B3-23
Figure B3.4: Housing Opportunity Sites Map (East) ................................................................................ B3-24
Figure B3.5: Housing Opportunity Sites Map (North-East) ...................................................................... B3-25
Appendix B-4. Housing Resources
N/A
Appendix B-5. Evaluation of Accomplishments under Adopted Housing Element
Table B5.1: 2009-2014 San Rafael Housing Element Accomplishments chart .......................................... B5-6
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-1
Housing Needs Assessment
APPENDIX B-1. HOUSING NEEDS ASSESSMENT
A. Executive Summary
Housing Element law requires local governments to meet existing and projected housing needs
for all economic segments of a community. Each city plays an important role not only in providing
opportunities to develop housing for its community but in the overall supply of housing in the
State. The Housing Needs Assessment examines the demographic composition, household
characteristics and housing stock within a community, which provides a foundation to inform
housing policy. Through a planning process that accounts for State housing allocation targets and
examines housing needs unique to the city, the Housing Needs Assessment both meets State
requirements and supports locally-based planning policies. The major findings of the Housing
Needs Assessment are presented below.
1. Demographic Profile
The population of San Rafael was 57,713 in 2010, which is a 19 percent population increase since
1990. Between 2010 and 2040, the Association of Bay Area Governments (ABAG) projects another
19 percent population growth, from 57,713 to 68,700 residents.1
San Rafael’s population is aging-in-place, in which middle age and older residents have become a
larger proportion of the population since 2000. In 2010, persons under age 25 represented 27
percent of the population, which was a slight decrease from 28 percent in 2000. Young Adults (25-
44) represented 33 percent of the population in 2000 but decreased to 29 percent in 2010. Age
groups that experienced increases in proportional distribution included Middle Age persons (45-
64) – from 25 percent to 27 percent – and Early Seniors (65-74) – from 6 percent to 7 percent. The
median age over this period increased from 38.5 years to 40.2 years.
San Rafael has become more racially diverse over the past decade. Persons who identified
themselves as White represented 59 percent of the population in 2010. Although this group
continues to be the majority in the City’s racial and ethnic composition, the proportional
distribution has decreased from 66 percent in 2000. Between 2000 and 2010, persons who
identified themselves as Hispanic increased from 23 percent to 30 percent of the population.
The City had nearly 36,000 jobs in 2011, however 87 percent of those employed in San Rafael
commuted from outside the City. More than 29,600 San Rafael residents were employed in 2011,
the majority of whom worked outside of San Rafael. These employment figures suggest that there
is a jobs-housing imbalance in San Rafael, but it is just part of a larger issue related to the
separation between job and housing locations for many residents around the Bay Area. Policies
promoting inclusionary housing in San Rafael can help address this challenge locally.
1The City of San Rafael commented on population, housing and employment projections that are part of Plan Bay Area in a
letter to ABAG on May 13, 2013. The City has asserted that a reexamination of the projection methodologies can yield results
that may more accurately reflect the growth potential in San Rafael and Marin County – current projections appear to be
overly ambitious. The City will continue to follow the progress of new methodologies used for the next projection period.
However, acquiring certification for the Housing Element by the State mandated deadline of Jan. 31, 2015 requires the use of
ABAG’s forecasts in this Housing Element.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-2
Housing Needs Assessment
2. Household Profile
San Rafael’s household characteristics have changed little since 2000, despite a slight increase in
the number of households. San Rafael had 22,764 households in 2010, with an average household
size of 2.44 persons, compared to 2.36 persons in the County. In 2000, the City had 22,371
households with an average household size of 2.42. Household types remained fairly consistent
between 2000 and 2010. Families made up 57 percent of households in 2000 and 2010. Singles
increased from 32 to 33 percent during the same period. And Other Non-Families decreased from
11 to 10 percent. Households are projected to increase 16 percent to 26,490 by 2040.
The median household income was $71,343 in 2011. However, there is a large disparity between
the incomes of owner households and renter households. Median income for owner households
($108,914) was more than twice the median income for renter households ($44,646). The median
income in 2000 was $61,080 for all households – the median was $87,704 for owners and $41,541
for renters.
Affordable housing is a challenge for single wage households in the very low income category such
as retail workers, who earn an average of $28,427 annually in Marin, and in the low income
category such as elementary school teachers, whose incomes average $66,590.
Housing affordability is not only an issue for low income households, but moderate income
households also experience difficulty in affording market-rate housing in San Rafael. For example,
the maximum affordable purchase price for a three-person moderate income household is
$510,000, whereas the median sales price for a two-bedroom single-family home was $600,000,
showing the disparity between affordable homeownership – measured as 35% of household
income – and market values. The result causes some households to overpay for housing, live in
overcrowded units or choose to look elsewhere for housing.
Housing overpayment, defined as spending greater than 30 percent of income on housing costs,
impacts 53 percent of San Rafael's renter households and 42 percent of owner households. Severe
overpayment - spending more than half of income on housing - affects 30 percent of renters and
20 percent of homeowners. The impact of housing overpayment on San Rafael's lower income
households is significant, with the community’s special needs populations – seniors, persons with
disabilities and female-headed households with children - most vulnerable to losing their housing
due to an inability to pay.
Overcrowding has been a continuing problem in San Rafael. Defined as greater than 1.01
occupants per room, the percentage of households experiencing the problem increased from 1.9
percent in 1980, to 5.6 percent in 1990 and 10.6 percent in 2000. Overcrowding had a larger
impact on renters than owners, with 21.3 percent of the City's renter households in 2000 living in
overcrowded conditions. The most recent data from the 2006-2010 American Community Survey
shows a 50 percent decline in renter overcrowding to 12.6 percent, however relatively high
concentrations of overcrowding remain in certain neighborhoods, namely the Canal
Neighborhood and Francisco Boulevard West.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-3
Housing Needs Assessment
3. Special Needs Populations
San Rafael had 5,972 senior households, 73 percent owned a home and 27 percent rented
housing. Over half of San Rafael's seniors were 75 years of age and above, a population which
may require more supportive housing options as they age. The majority of the City's senior
households were lower income, with more than 40 percent living on annual incomes of less than
$50,000. Housing policy will need to address affordability for those on fixed incomes, assisted
living for those requiring supportive housing options, and housing maintenance for many senior
homeowners who live alone.
About 9.6 percent of San Rafael residents have one or more disabilities, which may include
ambulatory, cognitive, hearing, or vision disabilities. City’s reasonable accommodation is one
process that aims to remove barriers to construction of housing for persons with disabilities.
About 408 residents in San Rafael have developmental disabilities. Golden Gate Regional Center
estimates that there would be a housing need of 130 units for these individuals. GGRC identifies
a variety of care facilities and subsidize housing that would be appropriate for persons living with
a developmental disability. San Rafael has 21 licensed adult residential facilities, providing
supportive housing for up to 95 developmentally disabled adults and 41 adults with mental
disabilities (Community Care Licensing, Feb 2014).
In 2010, San Rafael had 2,250 large households, defined as households with five or more persons,
representing 10 percent of all households in the City. Of these large households, approximately
72 percent were renters and 28 percent were homeowners. Market rate housing prices and the
shortage of affordable rental units pose serious challenges to low and moderate large households.
San Rafael had 2,004 female-headed families, accounting for nine percent of all households in
2011. Of these, 1,182 (59 percent of female-headed families) had children under the age of
eighteen. Supportive services, such as proximity to schools and child care, in addition to affordable
housing for single income households are crucial for these families. Transitional and emergency
housing provide needed support in times of difficulty.
The 2013 Marin Point In Time Homeless Count identified 175 unsheltered homeless residing in
San Rafael on the day of the count. While San Rafael is home to more emergency shelters,
transitional and supportive housing than other Marin jurisdictions, these facilities tend to operate
at full or near capacity. The 175 unsheltered homeless represents an unmet need.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-4
Housing Needs Assessment
4. Housing Stock Characteristics
In 2010, San Rafael had 24,011 housing units. The housing stock consisted of 56 percent single-
family units, 42 percent multifamily units and 2 percent mobile homes or other units. Eighty
percent of the housing stock was built before 1980. The condition of the housing stock has not
been an issue due to investment and upkeep by residents.
Renters occupied 48 percent of units and owners occupied 52 percent of units. Between 2000 and
2010, renter-occupied units increase from 46 to 48 percent. Residential vacancy rate was 1.2
percent for owners and 4.4 percent for renters.
Vacancy rates shows there is demand for housing in San Rafael, especially in rental units. The
citywide vacancy rate was 5.2 percent according to the 2010 Census. It is a lower rate than Marin
County 7.2 percent and San Francisco at 8.3 percent. Rental housing in San Rafael also has a
vacancy of 5.2 percent, indicating a healthy supply, but an improving economy and associated job
growth can increase demand and drive up rents.
Rent increases have already been observed, as indicated by a 25 percent average rent increase
between 2010 and 2013 according to REALFACTS contract rent data. The average price rose from
$1,571 in 2010 to $1,962 in 2013. Low income households with two or more persons would have
difficulty finding a unit, with an affordability gap ranging from $100 to $436 per month.
Single-family home and condominium prices in 2013 increased from the previous year. In the
94901 zip code area, the median price was $745,000, which was a 30 percent increase from the
previous year. In the 94903 area the median was price was $610,000, which was a 17 percent
increase. These prices include both single-family and condominium prices together.
There is a large difference between single-family home and condominium prices. In 2013, the
median price of a single-family home was $815,000. The median price of a condominium was
$429,500. A moderate income household would not be able to afford a median-priced single-
family home for the appropriate household size without spending more than 35 percent of
household income towards housing. However, the household would be able to afford a median-
priced condominium.
Foreclosures in San Rafael are much lower than those in the State. At 1 foreclosure per 3,716
residential units, San Rafael has a ratio approximately a quarter of that in California as a whole (1
per 921 units).
San Rafael has 8 of its 32 assisted rental projects at risk of conversion to market rate housing. Of
these projects, seven are “low risk” and the one is “high risk” as of March 2014. Despite the at-
risk classifications, these eight projects are owned by non-profit entities and their conversion to
market rent is highly unlikely. To continue preserving affordable rental units, future steps may
include maintaining a stable source of funding of rental assistance and developing new affordable
rental units.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-5
Housing Needs Assessment
5. Regional Housing Needs Allocation (RHNA)
The Regional Housing Needs Allocation (RHNA) is the projected number of housing units by
income level that cities must meet in their planning. Cities are not required to build all of the units
in the allocation but must show that they have the capacity to accommodate these units and the
policies in place to support the development of housing. In the prior RHNA cycle (2007-2014), San
Rafael was given a “fair share” allocation of 1,403. San Rafael was given an allocation of 1,007
units for the updated 2014-2022 RHNA period, a lower allocation than the previous cycle. The
allocation by income level is shown in the table below.
Table B1. 1: RHNA Allocation by Income Level 2014-2022
Income Level Percent of AMI* Units
Extremely Low** 0-30% 120
Very Low 31-50% 120
Low 51-80% 148
Moderate 81-120% 181
Above Moderate 120%+ 438
Total 1,007
Source: Association of Bay Area Governments (ABAG) 5th Cycle RHNA.
* AMI - Area Median Income
** An estimated half of San Rafael's 240 very low income housing needs (120 units) are for extremely low income
households earning less than 30% AMI.
6. Conclusions
Jobs/Housing Imbalance- Affordable Workforce Housing
More than 87 percent of those employed in San Rafael reside in other cities, which implies a
significant jobs/housing imbalance. Affordable workforce housing is needed for those who
contribute vital services to the City but whose incomes limit their ability to obtain affordable
housing in San Rafael. Examples of workforce occupations priced out of the local housing market
include nursing assistants (very low income), elementary and high school teachers (low income),
and firefighters (moderate income).
Income Disparity
In an effort to provide all residents with opportunities for quality housing, planning for housing in
all income levels should be a focus in housing policies. The median income of renter households
in San Rafael was $44,646, compared to $108,914 for owners in 2011. Renter households make
up nearly half of all households in the City, which represents a large income disparity for a
significant portion of the population and a persistent need for affordable housing.
Overpayment
Housing overpayment is a problem where households expend more than 30 percent of their
incomes on housing and has an impact on a significant number of San Rafael residents. Fifty-three
percent of San Rafael's renters experience overpayment, with over half of these renters
expending greater than half their incomes on housing. Although a lower proportion of owner
households (42 percent) experience overpayment, it is nonetheless a pervasive issue and can
result in households losing their homes to foreclosure.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-6
Housing Needs Assessment
Overcrowding
Household overcrowding (defined as greater than one person per room) has declined by
approximately one-half over the past decade, with overcrowded renter households dropping
from 21.3 percent in 2000 to 12.4 percent in 2010. High concentrations of overcrowding remain
a concern in certain neighborhoods, namely the Canal Neighborhood and Francisco Boulevard
West.
Seniors/Aging Population – Age-in-Place Housing
Senior citizens comprise one-quarter of San Rafael's households, and will continue to increase as
the baby-boomer population ages. Among the City's approximately 4,300 senior homeowners,
40 percent live alone. As these homeowners age, many may be unable to maintain their homes.
Policies to promote second units, including conversion of unused bedrooms to "junior second
units", can both enhance utilization of the existing housing stock and provide the economic and
social support to better allow seniors to age in place.
Homelessness
Although San Rafael provides more emergency shelters, transitional housing and supportive
housing than other Marin jurisdictions, the 2013 Marin Point in Time Homeless Count identified
175 unsheltered individuals that resided in San Rafael, representing an unmet need for permanent
shelter. With apartment rents in San Rafael increasing nearly 25 percent over the past four years
and continuing on this upward trend, the risk of increasing homelessness is a real issue.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-7
Housing Needs Assessment
B. Introduction to the Housing Needs Assessment
The Housing Needs Assessment serves as the foundation for San Rafael’s Housing Element. Its
purpose is to provide a comprehensive assessment of the community’s existing housing needs
and to evaluate household and demographic trends impacting those needs. The results of the
Needs Assessment will provide direct input into creation of an effective housing strategy for San
Rafael’s Housing Element update.
The San Rafael Housing Needs Assessment contains the following chapters, as required under
State Housing Element law:
Demographic Profile
Household Profile
Special Needs Populations
Housing Stock Characteristics
Regional Housing Needs Allocation (RHNA)
Much of the demographic and household data in the Needs Assessment is derived from the 2000
and 2010 US Census and the 2007-2011 American Community Survey. Current housing market
data is compiled from a variety of sources, including DataQuick sales transactions, REALFACTS and
internet rental listings. Marin Housing, also known as the Housing Authority of the County of
Marin, provided information on affordable rental and ownership housing in San Rafael, and
California Housing Partnership Corporation assisted in evaluating assisted units at risk of
conversion to market rates. Finally, the Association of Bay Area Governments (ABAG) provided
future projections of population, employment and regional housing needs.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-8
Housing Needs Assessment
[This page was left blank intentionally]
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-9
Housing Needs Assessment
C. Demographic Profile
Demographic changes such as population growth or changes in age can affect the type and
amount of housing that is needed in a community. This section addresses population, age and
race and ethnicity of San Rafael residents.
1. Population Growth and Trends
As of the 2010 Census, San Rafael had just over 57,700 residents, a 19 percent increase over the
past two decades, and well above the 10 percent population increase countywide (see Table
B1.1). Population growth was most significant between 1990 and 2000, when the City saw 7,600
new residents make their home in San Rafael. Since then, growth has been more modest with an
increase of about 1,700 residents between 2000 and 2010.
Table B1.2: Regional Population Growth Trends 1990-2010
Jurisdiction 1990 2000 2010 % Change
1990-2010
San Rafael 48,404 56,063 57,713 19%
Belvedere 2,147 2,125 2,068 -4%
Corte Madera 8,272 9,100 9,253 12%
Fairfax 6,931 7,319 7,441 7%
Larkspur 11,070 12,014 11,926 8%
Mill Valley 13,038 13,600 13,903 7%
Novato 47,585 47,630 51,904 9%
Ross 2,123 2,329 2,415 14%
San Anselmo 11,743 12,378 12,336 5%
Sausalito 7,152 7,330 7,061 -1%
Tiburon 7,532 8,666 8,962 19%
Marin County 230,096 247,289 252,409 10%
Source: U.S. Census 1990, 2000, 2010
-5%
0%
5%
10%
15%
20%
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-10
Housing Needs Assessment
In terms of future trends, the Association of Bay Area Governments (ABAG) projects that San
Rafael will continue to experience the highest population growth rate within Marin County. ABAG
2013 Projections estimates the City's population will reach 68,700 by the year 2040, an increase
of nearly 11,000 residents from 2010 and representing approximately one-third of the projected
growth countywide.
Table B1.3: Regional Population Projections 2010-2040
Jurisdiction 2010 2020 2030 2040 Difference
2010-2040
% Change
2010-2040
San Rafael 57,713 60,800 64,400 68,700 10,987 19%
Belvedere 2,068 2,100 2,200 2,200 132 6%
Corte Madera 9,253 9,500 9,800 10,200 947 10%
Fairfax 7,441 7,600 7,900 8,200 759 10%
Larkspur 11,926 12,400 12,900 13,500 1,574 13%
Mill Valley 13,903 14,300 14,800 15,400 1,497 11%
Novato 51,904 53,200 54,700 56,700 4,796 9%
Ross 2,415 2,500 2,600 2,700 285 12%
San Anselmo 12,336 12,600 13,000 13,400 1,064 9%
Sausalito 7,061 7,300 7,600 7,900 839 12%
Tiburon 8,962 9,200 9,500 9,900 938 10%
Marin County 252,409 261,100 272,100 285,400 32,991 13%
Source: ABAG 2013 Projections
0%
5%
10%
15%
20%
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-11
Housing Needs Assessment
2. Age Characteristics
Table B1.3 displays the age distribution of San Rafael’s population in 2000 and 2010. The table
presents a comparison of the City's age distribution with that of the County in 2010.
Children under the age of 18 made up 19 percent of San Rafael’s 2010 population, fairly
comparable to the proportion of children countywide. While the overall proportion of
children remained relatively stable over the decade, in terms of absolute numbers, the
school aged population (5-17 years) actually declined from 7,726 to 7,664, while the
number of children less than five years in age increased from 3,271 to 3,590.
The biggest change in San Rafael's age profile between 2000 and 2010 was a relative
decrease in young adults (25-44 years) from 33 to 29 percent and increase in middle age
residents (45-64 years) from 25 to 27 percent of the population. Factors contributing to
this change included adults aging into the “Middle Age” bracket and fewer young adults
moving into San Rafael.
Senior citizens (65 years and older) represent a growing segment of the San Rafael
community. Between 2000 and 2010, San Rafael’s senior population increased by 1,000
residents. Half of San Rafael's seniors are age 75 or above, which poses a continuing
challenge for the provision of adequate supportive housing options for this older age
group. Senior households are examined further in Section E. Special Needs Populations.
Consistent with nationwide trends of an aging population, the median age in San Rafael increased
from 38.5 to 40.2 years over the past decade. However San Rafael’s median age was more than
four years below the Marin County median of 44.5 years, due in large part to the greater
proportion of San Rafael’s population in the younger age groups (under 44 years).
Table B1.4: Age Distribution 2000-2010
Age Group 2000 2010
Persons Percent Persons Percent Marin Co. %
Preschool (<5 yrs) 3,271 6% 3,590 6% 6%
School Age (5-17 yrs) 7,726 14% 7,664 13% 15%
College Age (18-24 yrs) 4,462 8% 4,834 8% 6%
Young Adults (25-44 yrs) 18,661 33% 16,915 29% 24%
Middle Age (45-64 yrs) 13,888 25% 15,574 27% 33%
Early Seniors (65-74 yrs) 3,628 6% 4,327 7% 9%
Late Seniors (75+ yrs) 4,427 8% 4,809 8% 8%
TOTAL 56,063 100% 57,713 100% 100%
MEDIAN AGE 38.5 years 40.2 years 44.5 years
Source: U.S. Census 2000 and 2010
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-12
Housing Needs Assessment
3. Race and Ethnicity
The 2010 Census reports that persons identifying themselves as White continued to represent the
majority of the San Rafael community, although this segment of the population has decreased
from 66 percent in 2000 to 59 percent in 2010 (Table B1.4). In contrast, the City's Hispanic
population increased from 23 percent to 30 percent during this same decade. For all other groups,
the proportional distribution remained largely the same between 2000 and 2010. San Rafael had
a lower percentage of White residents and a higher percentage of Hispanic residents than Marin
County as a whole.
Table B1.5: Racial and Ethnic Composition 2000-2010
Racial/Ethnic Group 2000 2010
Persons Percent Persons Percent Marin Co. %
White 36,960 66% 34,031 59% 73%
Hispanic 13,070 23% 17,302 30% 16%
Asian/Pacific Islander 3,171 6% 3,556 6% 6%
African American 1,175 2% 1,024 2% 3%
American Indian/Alaskan 117 <1% 107 <1% <1%
Two or More Races 1,402 3% 1,500 3% 3%
Other Race 168 <1% 193 <1% <1%
TOTAL 56,063 100% 57,713 100% 100%
Source: U.S. Census 2000 and 2010
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-13
Housing Needs Assessment
4. Employment
a. Resident Employment
The State Employment Development Department estimated that in 2013, San Rafael had 32,300
residents in the labor force with 6.0% unemployment, compared to an unemployment rate of
5.0% in Marin County and 8.9% Statewide. A breakdown of occupations held by residents is
available through the 2007-2011 American Community Survey.
The occupations of San Rafael residents in 2011 are shown in Table B1.5 and compared with the
County as a whole. More than 40 percent of residents were employed in Management, Business,
Science and Arts Occupations, although the majority of these workers were employed outside the
County in urban centers such as San Francisco and Oakland. Sales and Office Occupations were
held by 22 percent of residents, with Service Occupations also accounting for 22 percent of
resident employment. In comparison with Marin County, a lower proportion of San Rafael
residents were employed in Management Occupations, with a greater proportion of the City's
workforce employed in occupations typically considered blue-collar, including Services; Natural
Resources, Construction and Maintenance; and Production, Transportation and Material Moving.
According to the U.S. Census OnTheMap 2011, San Rafael residents worked in a variety of cities.
More than 21 percent worked within San Rafael. Twenty percent worked in other cities in Marin
County. More than 2 percent were employed in Sonoma County. About 22 percent worked in San
Francisco. Over 6 percent worked in Alameda County, and more than 5 percent worked in Contra
Costa County. Three percent of San Rafael residents were employed in Santa Clara County.
According to the 2007-2011 American Community Survey, San Rafael residents commuted an
average of 24.9 minutes one-way to work. Although most residents (63.5%) drove alone, many
relied on alternatives to the single occupancy vehicle. In 2011, 11.0 percent of the workforce
utilized public transportation, 9.9 percent carpooled, 8.0 percent worked from home, 4.6 percent
walked to work and 2.9 percent had other means.
Table B1.6: Occupations of Employed San Rafael Residents in 2011
Occupation Persons Percent Marin Co. %
Management, business, science and arts occupations 12,480 42% 51%
Sales and office occupations 6,581 22% 23%
Service occupations 6,522 22% 15%
Natural resources, construction, maintenance occupations 2,429 8% 7%
Production, transportation, material moving occupations 1,602 5% 4%
TOTAL 29,614 100% 100%
Source 2007-2011 American Community Survey
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-14
Housing Needs Assessment
b. San Rafael Employment
As depicted in Table B1.6, the Census identifies approximately 36,000 jobs in San Rafael in 2011.
Health Care and Social Assistance was the most dominant employment sector (18.7%), followed
by Retail Trade (12%); Professional, Scientific and Technical Services (9.7%); Educational Services
(8.4%) and Public Administration (7.5%). Nearly 40 percent of San Rafael's employment was in
lower paying retail, hospitality, construction, transportation and service-related industries, with
wages generally below the level necessary to afford to live in the City. The Census documents that
87 percent of the 36,000 persons employed within San Rafael commute in from outside the City
limits, indicative of the shortage of local affordable housing opportunities for the community’s
workforce.
Table B1.7: Jobs in San Rafael by Industry Sector 2011
Industry Sector # Jobs % Total
Jobs
Health Care and Social Assistance 6,705 18.7%
Retail Trade 4,296 12.0%
Professional, Scientific and Technical Services 3,497 9.7%
Educational Services 3,015 8.4%
Public Administration 2,702 7.5%
Other Services (excluding Public Administration) 2,336 6.5%
Finance, Insurance and Real Estate 2,319 6.5%
Accommodation and Food Services 2,242 6.2%
Construction 2,205 6.1%
Administration & Support, Waste Management & Remediation 1,777 4.9%
Wholesale Trade 1,004 2.8%
Transportation and Warehousing and Utilities 1,090 3.0%
Management of Companies and Enterprises 903 2.5%
Information 715 2.0%
Manufacturing 608 1.7%
Arts, Entertainment and Recreation 411 1.1%
Agriculture/Forestry/Fishing and Oil/Gas Extraction 95 0.3%
TOTAL 35,920 100%
Source: 2011 Census OnTheMap Application http://onthemap.ces.census.gov/
San Rafael’s top ten largest employers provided nearly 20 percent of employment opportunities
in the City. Health Care and Social Assistance is the largest Industry Sector in San Rafael. Kaiser
Permanente is the largest employer accounting for many of the jobs in this sector and almost 6
percent of the jobs in the City. Autodesk is the next largest employer with 1000 employees. The
City of San Rafael and the San Rafael Elementary/High School District each have about 600
employees. Dominican University has more than 300 employees and has consistently been a
major employer. These five institutions have been among the top ten employers in recent years,
according to the City of San Rafael Comprehensive Annual Financial Report - FY Ending June 2013.
Table B1.7 shows the ten major employers and their contributions to the total employment in the
City.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-15
Housing Needs Assessment
Table B1.8: Major Employers in San Rafael in 2013
Number
% of Total
Employment
Kaiser Permanente 1756 5.7%
Autodesk, Inc. 1000 3.3%
City of San Rafael 643 2.1%
San Rafael Elementary/High School District 600 2.0%
Macy's 380 1.2%
Bradley Real Estate 369 1.2%
MHN 350 1.1%
Dominican University of California 347 1.1%
Wells Fargo Bank 334 1.1%
Community Action Marin 300 1.0%
Total 6,079 19.9%
Source: City of San Rafael, Comprehensive Annual Financial Report 2013
ABAG 2013 Projections forecasts a 20 percent increase in San Rafael's employment base over the
2010-2040 period. This level of employment growth exceeds the projected 17 percent increase
in jobs for Marin County during this same 30 year period.
Table B1.9: ABAG Employment Projections
2010 2020 2030 2040 Difference
2010-2040
% Change
2010-2040
San Rafael 37,620 41,200 42,790 44,960 7,340 20%
Marin County 110,730 119,990 123,820 129,150 18,420 17%
Source: ABAG 2013 Projections
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-16
Housing Needs Assessment
[This page was intentionally left blank]
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-17
Housing Needs Assessment
D. Household Profile
Household type and size, income levels and the presence of special needs populations all affect
the type of housing needed by residents. This section details the various household
characteristics affecting housing needs in San Rafael.
1. Household Type
A household is defined as all persons living in a housing unit. Families are a subset of households,
and include persons living together related by blood, marriage or adoption. A single person living
alone is also a household. “Other” households are unrelated people residing in the same dwelling
unit. Group quarters, such as dormitories or convalescent homes are not considered households.
The 2010 Census recorded 22,764 households in San Rafael. With an average household size of
2.44 persons and an average family size of 3.02 persons (Table B1.9), the City had larger average
household and family sizes than Marin County. Average household and family sizes have remained
nearly the same since 2000.
San Rafael has seen an increase in both numbers and percentages of households over the past
decade. Family households grew in total number but remained about the same proportionally
during that period. Singles accounted for 32 percent of households in 2000 now comprised 33
percent in 2010. Other non-family households declined over the ten-year period. Persons living
alone accounted for one-third of San Rafael households. According to ABAG 2013 Projections, San
Rafael can expect a continuing growth of households with a 16 percent increase in households
between 2010 and 2040 (see Tables B1.10).
Table B1.10: Household Characteristics 2000-2010
Household Type 2000 2010
Households Percent Households Percent Marin Co. %
Families 12,776 57% 12,982 57% 60.7%
With children under 18 5.780 26% 5,902 26% 27.5%
Without children 6,996 31% 7.082 31% 33.2%
Singles 7,187 32% 7,434 33% 30.8%
Other non-families 2,408 11% 2,348 10% 8.5%
Total Households 22,371 100% 22,764 100% 100%
Average Household Size 2.42 2.44 2.36
Average Family Size 2.99 3.02 2.94
Source: U.S. Census 2000 and 2010
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-18
Housing Needs Assessment
Table B1.11: Household Projections 2010-2040
2010 2020 2030 2040 Difference
2010-2040
Percent Change
2010-2040
San Rafael 22,764 24,000 25,240 26,490 3,726 16%
Marin County 103,210 106,170 109,100 112,050 8,840 9%
Source: ABAG Projections 2013
2. Household Income
Household income is one of the most important factors affecting housing opportunity and
determining a household’s ability to balance housing costs with other basic necessities of life.
a. Income Definitions
The State and Federal government classify household income into several groupings based upon
the relationship to the County area median income (AMI), adjusted for household size. The State
of California utilizes the income groups presented in Table B1.11, which are used throughout the
Housing Element document. The 2013 Marin County income limits are presented for each of the
five income categories based on a one, two, three and four person household size (San Rafael’s
average household size in 2010 is 2.31 for owner households and 2.58 for renter households).
Households below 30 percent of the area median income, or extremely low income households,
are considered at-risk of homelessness.
Table B1.12: 2013 Income Category Definitions
Income
Category
% County
Adjusted Median
Income (AMI)
2013 Marin County Income Limits
1 person
household
2 person
household
3 person
household
4 person
household
Extremely Low 0-30% AMI $23,750 $27,150 $30,550 $33,950
Very Low 31-50% AMI $39,600 $45,250 $50,900 $56,550
Low 51-80% AMI $63,350 $72,400 $81,450 $90,500
Moderate 81-120% AMI $86,500 $98.900 $111,250 $123,600
Above Moderate 120%+ AMI >$86,500 >$98,900 >$111,250 >$123,600
Source: California Department of Housing and Community Development, 2013 Income Limits.
*Marin County’s 4-person Area Median Income is $103,000
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-19
Housing Needs Assessment
b. Income Characteristics
The median income in San Rafael was $71,343 in 2011, however, there was a significant disparity
between owner and renter households. The median income for an owner household was
$108,914, more than twice the median income of renter households ($44,646). In 2000, the
Census (SF3) reported that median income was $61,080 for all households – the median was
$87,704 for owners and $41,541 for renters. Nearly 40 percent of renter households had incomes
of less than $35,000, compared with 12.5 percent of owner households. A higher percentage of
renter households (17%) had incomes between $35,000 and $49,999 than owner households
(9%).
The City had a larger proportion of lower income households than Marin County as a whole. San
Rafael had a greater percentage of total households (25%) with incomes under $35,000 than
Marin County (20%). The City had another 13 percent of total households that earned incomes
between $35,000 and $49,999, which was a higher proportion of the population than the
countywide distribution (9%). According to the CHAS 2006-2010 Databook prepared by HUD,
about 15 percent of all households in San Rafael (about 4 percent of which were owner
households and 12 percent of which were renter households) were classified as extremely low
income households, larger than 12 percent for Marin County as a whole.
Table B1.13: Household Income Distribution 2011
Income Level Owner Renter Total
%
Marin
Co. % Households % Households %
Less than $20,000 679 6% 1878 17% 11% 10%
$20,000 - $34,999 810 7% 2442 23% 14% 10%
$35,000 - $49,999 1072 9% 1824 17% 13% 9%
$50,000 - $74,999 1572 13% 1759 16% 15% 14%
$75,000 - $99,999 1322 11% 1368 13% 12% 12%
$100,000 - $149,999 2418 20% 1086 10% 15% 18%
$150,000 or more 4049 34% 488 5% 20% 27%
Total households 11909 100% 10855 100% 100% 100%
Median Income $108,914 $44,646 $71,343 $89,605
Source: 2007-2011 American Community Survey.
Housing affordability in San Rafael will continue to be a challenge for workers who earn modest
incomes. Table B1.13 presents a sampling of occupations in the Bay Area that fall within very low,
low and moderate income thresholds (based on a single worker household). The analysis of
0%
10%
20%
30%
40%
Less than
$20,000
$20,000 -
$34,999
$35,000 -
$49,999
$50,000 -
$74,999
$75,000 -
$99,999
$100,000 -
$149,999
$150,000 or
more
Owner %
Renter %
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-20
Housing Needs Assessment
housing costs and affordability presented in Section F4 of the Housing Needs Assessment
compares current market rents and sales prices in San Rafael with the amount that households of
different income levels can afford to pay for housing. This analysis illustrates that very low and
low income occupations, such as elementary school teachers and retail sales workers, will have
great difficulty renting in San Rafael, and that moderate income occupations, such as firefighters
and librarians, will have great difficulty purchasing a home.
Table B1.14: Bay Area Wages for Select Occupations - 2013
Very Low Income
(< $45,250 - 2 person household) Hourly Wage Annual Income
Max. Monthly
Affordable
Housing Cost
Waiters/Waitresses $12.02 $25,009 $625
Home Health Aides $12.39 $25,774 $644
Retail Salespersons $13.67 $28,427 $711
Security Guards $15.56 $32,354 $809
Preschool Teachers $18.18 $37,829 $946
Nursing Assistants $19.09 $39,713 $993
Low Income
($45,250 -$72,400 - 2 person household) Hourly Wage Annual Income
Max. Monthly
Affordable
Housing Cost
Dental Assistants $23.00 $47,851 $1,196
Tax Preparers $31.52 $65,555 $1,639
Computer Support Specialists $31.67 $65,872 $1,647
Elementary School Teachers n/a $66,590 $1,665
Real Estate Agents $32.16 $66,895 $1,672
Paralegals and Legal Assistants $33.50 $69,684 $1,742
High School Teacher $33.61 $69,917 $1,747
Moderate Income
($72,400 - $98,900 - 2 person household) Hourly Wage Annual Income
Max. Monthly
Affordable
Housing Cost
Graphic Designers $34.92 $72,624 $1,816
Social Service and Community Service Managers $36.41 $75,735 $1,893
Librarians $36.97 $76,884 $1,922
Accountants and Auditors $41.65 $86,642 $2,166
Physical Therapists $44.11 $91,765 $2,294
Firefighters $44.21 $91,953 $2,299
Source: 2013 California Occupational Employment Statistics – San Francisco- San Mateo-Redwood City MD (County:
Marin)
Income categories based on two person household with single wage earner
Maximum affordable housing cost based on standard of 30% of income on housing, including rent/mortgage, utilities,
taxes, insurance, HOA fees.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-21
Housing Needs Assessment
E. Special Needs Populations
Certain segments of the population may have greater difficulty finding adequate and affordable
housing due to special circumstances related to employment and income, family type and
characteristics, disability or various other household characteristics. State Housing Element law
defines “special needs” groups to include the following: senior households, persons with
disabilities, large households, female-headed households, homeless persons and farmworkers.
Table B1.14 summarizes the special needs populations in San Rafael. Each of these population
groups, as well as their housing needs, is described in the section which follows.
Table B1.15: Special Needs Populations - 2010
Special Needs Groups Persons Households Percent*
Seniors (65+) 9,136 16%
Below Poverty 365 4.2%
Senior Households 5,972 26%
Renter 1,621 (27%)
Living Alone 1,243 (77%)
Owner 4,351 (73%)
Living Alone 1,711 (39%)
Persons Living with Disabilities 5,396 10%
Age 5 - 64 2,719 (50%)
Age 65+ 2,677 (50%)
Large Households (5+ persons) 2,250 10%
Renter 1,630 (72%)
Owner 620 (28%)
Female-Headed Families 2,004 9%
with Related Children under 18 1,182 (59%)
Homeless 175 <1%
Farmworkers** 269 <1%
TOTAL Persons or Households 57,713 22,764
Source: U.S. Census 2010, American Community Survey 2007-2011 (as compiled by ABAG for Bay Area Housing
Elements). American Community Survey 2008-2012, County of Marin Point in Time Homeless Count 2013.
* Numbers in ( ) reflect the% of the special needs group and not the % of the total City population/ households.
For example, of the City’s senior households, 27% are renters and 73% are owners.
**Reflects persons employed in agriculture, forestry, fishing, hunting or mining in American Community Survey.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-22
Housing Needs Assessment
1. Senior Households
Seniors are a significant special needs group in San Rafael, with persons age 65 and above
comprising one-quarter of the community’s households. Senior citizens are considered to have
special housing needs because their fixed incomes, higher health care costs and physical
disabilities make it more difficult to find suitable and affordable housing. Concurrent with the
trends throughout the nation, this population is expected to continue increasing as the baby boom
generation approaches retirement.
Although often viewed as homogeneous, San Rafael's senior population is quite diverse. Among
the City’s 5,972 senior households, 73 percent (or 4,351) owned a home and 27 percent (or 1,621)
rented housing. Over half of San Rafael's seniors were 75 years of age and above, a population
which may require more supportive housing options as they age. The majority of the City's senior
households were lower income, with more than 40 percent living on annual incomes of less than
$50,000.
Some of the more pressing housing needs of San Rafael's seniors include:
Rental affordability. Rising rents are a particular concern due to the fact that most seniors
are on fixed incomes and market rents in San Rafael are above the level affordable to
lower income households.
Disabilities. The Census identifies 30 percent of San Rafael's seniors as having one or
more disabilities. Combined with the significant number of older seniors (age 75+)
indicates a large segment of the senior population which may require various levels of
housing support.
Housing maintenance. Of San Rafael's approximately 4,300 senior homeowners, 40
percent live alone. As these homeowners age, many may be unable to maintain their
homes or perform minor repairs. The installation of grab bars and other assistance
devices may be necessary to enhance accessibility.
Among San Rafael's approximately 12,000 owner-occupied units, 1,700 (14%) are occupied by a
senior citizen living alone. As indicated in Figure B1.1, several neighborhoods in North San Rafael
exhibit particularly high concentrations of senior homeowners living alone: the eastern portion of
Terra Linda closest to the 101 freeway (55%), Smith Ranch (52%) and a small neighborhood in
western Terra Linda (21%). Policies to promote second units, including conversion of unused
bedrooms to "junior second units", can both enhance utilization of the existing housing stock and
provide the economic and social support to better allow seniors to age in place.
While assisted living provides an option for some seniors requiring a more supportive housing
environment, lower income seniors often cannot afford the cost of licensed facilities in Marin.
According to the Marin County Division of Aging, the average basic rent averages from $3,500 to
$4,500 per month for assisted living (room, bathroom and three meals a day). Personalized care
is an additional cost above the basic charge for housing and meals. The State of California
Community Care Licensing Division identifies 29 Residential Care Facilities for the Elderly (RCFE)2
in San Rafael, providing capacity for 899 seniors.
2 RCFE provide care, supervision and assistance with activities of daily living, such as bathing and grooming, and may
also provide incidental medical services to persons 60 years of age and over. RCFEs may also be known as assisted living
facilities
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-23
Housing Needs Assessment
Figure B1.1: Senior Homeowners Living Alone
Source: Census 2010, Table 18.
Addressing the diverse housing needs of San Rafael's senior population will require strategies
which foster independent living (such as accessibility improvements, second units, shared
housing, rehabilitation assistance), as well as strategies which encourage the provision of variety
of supportive living environments for seniors of all income levels.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-24
Housing Needs Assessment
2. Persons with Disabilities
A disability is defined as a long lasting condition that impairs an individual’s mobility, ability to
work, or ability to care for themselves, encompassing physical, mental and emotional disabilities.
Disabled persons have special housing needs related to fixed incomes, shortage of affordable and
accessible housing, and higher health costs.
The 2008-2012 American Community Survey (ACS) identifies 9.6 percent of San Rafael residents
over the age of 5 as having one or more disabilities (5,396 persons). Nearly half of these residents
are unable to live independently. The ACS documents the presence of the following types of
disabilities among San Rafael's disabled residents:
52% Ambulatory
36% Cognitive
29% Hearing
14% Vision
a. Developmental Disabilities
"Developmental disability" refers to a disability that originates before an individual attains age 18
years, continues, or can be expected to continue, indefinitely, and constitutes a substantial
disability for that individual, which includes mental retardation, cerebral palsy, epilepsy and
autism. In 2010 the California legislature passed SB 812 which requires the housing element to
specifically analyze the housing needs of persons with developmental disabilities and to identify
resources available to serve this population. The State Department of Developmental Services
(DDS) currently provides community-based services to 6,000 adults diagnosed with a
developmental disability; over 4,000 California teenagers diagnosed with a developmental
disability will reach adulthood over the next five years, many of whom will want to live
independently and need appropriate housing.
The Golden Gate Regional Center (GGRC), which serves the counties of Marin, San Francisco and
San Mateo, is among 21 regional centers operated by the State DDS to serve the developmentally
disabled population. The goal of these centers is to: 1) prevent/minimize institutionalization of
developmentally disabled persons and their dislocation from family and community; and 2)
enable this population to lead more independent and productive lives. The living arrangements
for persons served by the GGRC in 2010 were as follows:
69% Parent’s Home
13% Community Care Facility/ Residential Care Home
6% Own Home Independent Living
4% Own Home Supported Living
4% Intermediate Care/Skilled Nursing Facility
2% Developmental Center
1% Family Home Agency/Foster Care
1% Other
The GGRC provides services to approximately 1,200 individuals with developmental disabilities
and estimates that 380 of these individuals are in need of a variety of housing assistance. Within
San Rafael zip codes 94901 and 94903, the Regional Center provides services to 408 residents with
developmental disabilities, generating an estimated need for 130 housing units:
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-25
Housing Needs Assessment
Table B1.16: Developmentally Disabled Residents Served by GGRC w/in San Rafael Zip Codes
Zip Code 0 - 14
years
15 - 22
years
23 - 54
years
55 - 65
years
65+
years Total Estimated
Housing Need*
94901
(S. of Puerto Suello) 83 14 64 5 0 165 51 units
94903
(N. of Puerto Suello) 53 21 135 28 6 243 79 units
Total 136 35 199 32 6 408 130 units
Source: Golden Gate Regional Center (GGRC).
* GGRC uses the following factors to estimate housing need by age group: age 0-14 25% need hsg; age 15-22 50% need
hsg; age 23-54 35% need hsg; age 55-65 25% need hsg; age 65+ 20% will seek placement in the community.
GGRC has identified a number of community-based housing types appropriate for persons living
with a developmental disability: licensed community care facilities and group homes; supervised
apartment settings with support services; SB 962 homes (for persons with special health care and
intensive support needs); and for persons able to live more independently, rent subsidized homes;
inclusionary housing, and Section 8 rental vouchers. San Rafael has 21 licensed adult residential
facilities, providing supportive housing for up to 95 developmentally disabled adults and 41 adults
with mental disabilities (Community Care Licensing, Feb 2014).
The design of housing-accessibility modifications, the proximity to services and transit, and the
availability of group living opportunities represent some of the types of considerations that are
important in serving this need group. Incorporating ‘barrier-free’ design in all, new multifamily
housing (as required by California and Federal Fair Housing laws) is especially important to provide
the widest range of choices for disabled residents. Special consideration should also be given to
the affordability of housing, as people with disabilities may be living on a fixed income.
Senate Bill 520 requires localities to analyze potential and actual constraints upon the
development, maintenance and improvement of housing for persons with disabilities and to
demonstrate local efforts to remove governmental constraints which hinder the locality from
meeting the housing needs for persons with disabilities. The City has mechanisms, either through
the variance or reasonable accommodations process, to modify standards to accommodate
persons living with special needs. The City will continue to conduct a periodic evaluation of its
zoning ordinance and other policies to identify and eliminate potential barriers to the construction
of housing for people with disabilities (see Policy H-9).
San Rafael provides reasonable accommodation for persons with disabilities with respect to
zoning, permit-processing and building laws, and makes this information available to the public.
The City does not restrict the siting of group homes nor require a minimum distance between
group homes. Licensed group homes with six or fewer occupants are permitted by right in single-
family homes, and the City does not have any occupancy standards in the zoning code that apply
specifically to unrelated adults. Group homes with over six persons are allowed in all residential
districts with a Use Permit. The Use Permit approval process for a group home is the same as for
any other residential development; it requires public notice and approval by the Zoning
Administrator or a public hearing and approval by the Planning Commission.
People living with disabilities who are on fixed incomes may require a wide range of housing
options depending on the type and severity of their disability, as well as their personal preference
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-26
Housing Needs Assessment
and life-style. Some of the types of considerations and accommodations that are important in
serving this need group include: on-site services, mixed income diversity, proximity to services
and transit, group living opportunities and housing designed ‘barrier-free’ with accessibility
modifications. Examples of affordable projects with disabled housing in San Rafael include the 11-
unit low income Ecology House (opened in 1994), which is a national model for people with
environmental sensitivities.
The City’s zoning code has been determined to be in compliance with the Americans with
Disabilities Act (ADA). San Rafael allows displacement of required on-site parking if it is to
accommodate ADA accessibility facilities (ramps, etc.) and offers reduced parking standards for
any development, including housing for the disabled, wherever reduced need can be
demonstrated. The Building Division administers Title 24 provisions consistently for all disabilities-
related construction and responds to complaints regarding any violations. As the population ages,
handicapped-accessible housing will become even more necessary.
Organizations serving people with disabilities in San Rafael and the County at large include
Buckelew, Allegria, Lifehouse, Centerpoint and the Marin Center for Independent Living. The
Marin Center for Independent Living, for example, serves approximately 1,000 persons annually
throughout Marin County, with the majority of their clients living under the poverty level. The
need for affordable housing options for persons with physical, mental and developmental
disabilities is a significant and growing need.
3. Large Households
Large households, defined as households with five or more persons, typically consist of families
with children and extended families. They are considered a special needs group due to the limited
availability of affordable and adequately sized housing in many communities. This shortage of
large units is especially evident in communities with an older rental stock with few three bedroom
units.
The 2010 Census documented 2,250 large households in San Rafael, representing 10 percent of
all households. Of these large households, approximately 72 percent were renters and 28 percent
were homeowners. According to 2007-2011 American Community Survey data compiled by
ABAG, 9,665 owner-occupied homes (78% percent of the total ownership housing stock) had
three or more bedrooms, while just 1,986 rental units (18 percent of the total rental stock) had
three or more bedrooms in San Rafael.
However, many large homes may be occupied by a single occupant, such as an over-housed
senior, thus restricting many of these homes for occupancy by large families. Additionally, with
the median cost of a single-family home in San Rafael exceeding $800,000, low and moderate
income large families may not be able to afford to buy a home large enough for their needs,
despite an adequate supply of market-rate homes with three or more bedrooms. The tendency
for large households to earn lower incomes is evidenced by the high proportion of large
households who are renters (accounting for 72 percent of large households). San Rafael's low
rental vacancy rate may limit the supply of large rental units, which made up only 18 percent of
the total rental stock. A shortage of affordable rental units for large families can lead to
overcrowding conditions.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-27
Housing Needs Assessment
Countywide subsidized housing complexes for low-income families, such as those managed by the
Marin Housing Authority, mostly consisted of two-bedroom units, with a reduced availability of
three-bedroom units, and most had waiting lists which may make immediate housing unavailable
even for qualified applicants. In San Rafael, the MHA-managed Sundance apartment complex
provides 28 one and two-bedroom apartments, which cannot accommodate large families. Thus,
there is a need for larger rental units at prices affordable to lower-income households within the
City.
4. Female-Headed Households
The 2007-2011 American Community Survey identified 2,004 female-headed families in San
Rafael, accounting for nine percent of all households in the City. Of these, 1,182 (59 percent of
female-headed families) had children under the age of eighteen. Single parent and female-headed
households with children need affordable housing with access to services, in close proximity to
schools, and with day care and recreation programs on-site or nearby. These households, like
large households, may have difficulty in finding affordable housing of the appropriate size.
Additionally, despite fair housing laws and programs, discrimination against households with
children may make it more difficult for this group to find adequate housing. Both homeownership
and rental units are extremely expensive relative to the incomes of many people in this need
group.
One major consideration in this need group is women in need of emergency or transitional
housing as a result of an abusive partner. During their time in emergency or transitional housing,
women may not be working as they regain their physical and emotional health. Legal proceedings
may constitute a further financial burden, leaving victims with a reduced income and fewer
resources to pay for housing. Furthermore, many women already have difficulty attaining
positions with high salaries, as evidenced by numerous studies that show that women continue
to earn considerably lower wages than their male counterparts.
Center for Domestic Peace (formerly Marin Abused Women's Services) located in San Rafael
provides emergency and transitional housing for women and a safe place to live when leaving an
abusive partner and establishing a new life. The Center provides a 16 bed, confidential refuge for
abused women and their children, as well as food, clothing, housing assistance, childcare and
transportation. Second Step is the Center's 21-unit transitional living facility for women and their
children where they have access to counseling and supportive services that help them achieve
financial and emotional independence while preparing them to live violence-free lives. In addition
to these services, Center for Domestic Peace provides legal assistance to abused women who
need help in divorce proceedings or other legal actions. The Center serves approximately 4,000
people each year through direct services for abuse victims and educational domestic violence
prevention programs for men and women.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-28
Housing Needs Assessment
5. Homeless
Pursuant to Senate Bill 2 (2008), Housing Element statutes now require a more detailed analysis
of the needs of the homeless population and quantification of the need for emergency shelter.
Based on the outcome of this analysis, SB 2 requires jurisdictions to identify zones that will allow
emergency shelters as a permitted use. The following section presents the homeless needs
assessment for San Rafael; the identification of zoning for emergency shelters will be addressed
in the governmental constraints and Housing Plan chapters of the Housing Element.
a. Homeless Population Count
The most reliable source of information for evaluating the homeless population in Marin County
is the 2013 Marin Point in Time Homeless Count3. The Marin County Department of Health &
Human Services, in partnership with housing and service providers, faith based groups and
schools, led the effort to conduct the biennial census of persons experiencing homelessness in
Marin, consistent with U.S. Department of Housing and Urban Development (HUD) requirements
for jurisdictions receiving HUD Continuum of Care funding. In addition to meeting HUD
requirements, Marin County used this federal mandate as an opportunity to conduct a community
count of broader populations of homeless not formally recognized by HUD as homeless.4
Marin County conducted its “Point in Time Count” on January 24, 2013. The Count is intended as
a one day snapshot of unduplicated numbers of homeless families and individuals in sheltered,
unsheltered and other locations, and is in no way a complete census of homeless. The County’s
methodology included a detailed survey of each individual counted, with surveys administered at
over 50 locations/programs throughout Marin on the day of the Count. The following summarizes
key findings of the Count:
Table B1. 17: Marin County Homeless Count 2013
Total 2013 Marin County Homeless Count 933
Persons counted in places not meant for human habitation 196
Persons counted in shelters and transitional housing 519
Persons counted as part of “other homeless populations” 218
3 Refer to the Homeless Count Report for a detailed description of count methodology and findings:
www.marinhhs.org/sites/default/files/files/servicepages/2013_09/2013_point_in_time_count_full_report.pdf
4 In addition to persons defined under the HUD “literally homeless” definition (a person sleeping in a place
not meant for human habitation -including living on the streets, in an abandoned building, or in a vehicle -
or residing in an emergency shelter or transitional housing program), Marin County’s count included the
following “other homeless populations”: person s in jail or an institution who would not have a permanent
address after release or “literally homeless” prior to incarceration; person s who stayed temporarily with
family/friends due to loss of housing and identified themselves as homeless on the day of the count; persons
living in a motel/hotel; and persons in a hospital but homeless prior to admission.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-29
Housing Needs Assessment
The number of homeless persons counted in Marin decreased from 1,220 in 2011 to 933 in
2013 and may be attributable, in part, to the collective efforts to reduce homelessness
through various initiatives and housing assistance programs, including:
Housing First - 25 chronically homeless individuals have moved into permanent
housing. This represents 11% of the chronically homeless counted in 2011.
Improved coordination and planning among providers and agencies through 10
Year Planning efforts.
Over 350 transitional housing beds and more than 475 permanent supportive
housing beds for families and individuals.
Of the 933 homeless counted, 195 (21%) were children under the age of 18. In 2010/11, over
700 homeless adults and children were re-housed in Marin through various initiatives and
targeted programs including:
One-time Homeless Prevention Rapid Re-housing (HPRP) stimulus funding
housed 101 homeless adults and children.
Fireside permanent housing project provided housing to 18 homeless families and
individuals.
Veterans Affairs Supportive Housing (VASH) permanently housed 35 chronically
homeless veterans.
While the number of people experiencing homelessness on the day of the count in 2013 was
lower than in 2011, the number of those precariously housed and at risk of homelessness has
increased. The 2013 count included 4,388 people at risk of losing their housing, whereas the
2011 count identified 4,179 people at risk of becoming homeless.
As in previous counts, the primary reasons stated for homelessness were loss of a job, lack of
affordable housing and lack of income.
Table B1.16 presents a breakdown of the unsheltered homeless count by jurisdiction in Marin
County. In response to the question “In what city/area did you stay in last night?,” approximately
48 percent of the unsheltered adult population identified San Rafael, nine percent identified
Novato, seven percent identified Bolinas and six percent identified Sausalito.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-30
Housing Needs Assessment
Table B1.18: Marin County Unsheltered Homeless 2013
City/Location on the night
prior to the Count
# Unsheltered
Homeless Adults % of Total
San Rafael 175 48%
Not Stated 71 19%
Belvedere/Tiburon 2 1%
Bolinas 27 7%
Corte Madera 4 1%
Fairfax 3 1%
Forest Knolls 2 1%
Inverness 2 1%
Marin City 1 0%
Mill Valley 3 1%
Novato 32 9%
Olema 1 0%
Out of Area 7 2%
Pt. Reyes 9 2%
Ross 2 1%
San Anselmo 3 1%
San Geronimo 1 0%
Sausalito 23 6%
Total Unsheltered Adults 368 100%
Source: Marin Point in Time Homeless Count, 2013.
b. Homeless Subpopulations and Service Needs
The detailed surveys conducted for the 2013 Marin Homeless Point in Time Count provided
information on disabilities and other special needs of Marin’s homeless, offering insight into the
specific service needs of the adult homeless population. The following summarizes the results to
the question “Do you have any of the following health issues?”
52% At Least One Health Issue
32% Alcohol Use Issues
24% Physical Disability
24% Mental Illness
17% Multiple Disabilities
3% Developmental Disability
7% Drug Use Issues
7% Chronic Health Condition
3% HIV/AIDS
Poor health can be a contributing factor to homelessness, and people experiencing homelessness
have disproportionately high rates of health issues. The lack of medical insurance and access to
housing can exacerbate problems which could be better managed in a stable living environment.
In Marin, 52% of people counted reported having at least one health issue and, of those, 17%
reported having multiple health issues.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-31
Housing Needs Assessment
The Marin Count found that 89 persons, or 24 percent, were chronically homeless, meaning they
had a disability and had been homeless continuously for 12 months or had experienced four
episodes of homelessness over a three year period. This data is consistent with national studies
that have found high levels of disability among homeless people and suggests that both health
and behavioral health services are needed to assist this population.
Marin's 2013 Count also found a high proportion of homeless adults who had experienced
domestic abuse (26% of all adults, including 38% of homeless women and 16% of homeless men).
Veteran's comprised nine percent of the homeless in Marin.
c. Inventory of Resources Available
SB 2 also requires that the Housing Element include an inventory of the homeless housing
resources available within the community, including emergency shelters, transitional housing and
supportive housing. Every two years, in conjunction with the Point in Time Homeless Count, the
Marin County Continuum of Care surveys providers to determine the number and type of housing
and services available to individuals and families experiencing homelessness. Table B1.17
provides a summary of Marin's homeless housing inventory for 2013:
Table B1.19: 2013 Marin County Homeless Housing Inventory
Emergency
Shelter
Transitional
Housing
Permanent
Supportive Housing
Total # of
Beds
Family Beds 49 252 185 486
Individual Beds 216 90 316 622
Totals 265 342 501 1,108
Chronic Homeless Beds varies varies 209 209
Veteran Beds 1 16 35 52
Seasonal Beds 66 -- -- 66
Domestic Violence Beds 20 84 -- 104
Source: Marin County Continuum of Care: 10 Year Plan to Prevent & End Homelessness 2013-2023
The following Table B1.18 presents an inventory of the number of beds for emergency shelter,
transitional and supportive housing located within the City of San Rafael. In addition, there are
numerous "scattered site" locations where homeless service providers operate facilities across
Marin County, providing an additional 300+ beds.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-32
Housing Needs Assessment
Table B1.20: Shelter and Housing for Homeless in City of San Rafael (# of Beds)
Facility/ Program Name Provider Name Emergency
Shelter
Transitional
Housing
Supportive
Housing
Assisted Independent Living (AIL)
1103 Lincoln
Roger Green Apts.
Marin Center for Independent Living
410 Mission
Buckelew
Program
38
Helen Vine Recovery Center
301 Smith Ranch Rd
Buckelew
Program
26
The Manor(drug/alcohol recovery)
603 D St
Center Point, Inc. 40
(men)
Life-Link (drug/alcohol recovery)
39 Mary St
Center Point, Inc. 13
(women)
Family Center
430 Mission Avenue
Homeward Bound
of Marin
27
(families)
Mill Street Center
190 Mill St
Homeward Bound
of Marin
55
Family Park
Merrydale Rd
Homeward Bound
of Marin
30
(families)
Family Center
430 Mission Ave
Homeward Bound
of Marin
25
(families)
Voyager Program
830 B St
Homeward Bound
of Marin
10
(mental
health)
Carmel Program
830 B St
Homeward Bound
of Marin
26
(mental
health)
Palm Court
199 Greenfield Ave
Homeward Bound
of Marin
22
(mental
health)
Fourth Street Center (SRO)
1111 Fourth St
Homeward Bound
of Marin
20
Second Step Center for
Domestic Peace
96
Motel Voucher Program St. Vincent DePaul
Society
3
St. Vincent DePaul Society
822 B St
St. Vincent DePaul
Society
6
Shelter Plus Care
Woodland Ave
Housing Authority
of the Co. of
Marin
8
City of San Rafael Total 85 240 120
Source: San Rafael Housing Element, Jan 2013, with updates based on review of homeless provider websites
(Buckelew, Center Point, Homeward Bound, Center for Domestic Peace, St. Vincent DePaul Society).
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-33
Housing Needs Assessment
d. Unmet Need for Emergency Shelter, Transitional and Supportive Housing
There is no data presently available documenting the increased level of demand for shelter in
Marin County during particular times of the year. Due to the relatively mild climate, the only time
of year when increased demand appears to be a factor is during the winter months (December to
February). The County’s biannual homeless count always takes place in the last week of January,
a period when demand for shelter typically is at its highest. Since the year-round need described
above is based on that biannual count, the seasonal need for emergency shelter is no likely greater
than the year-round need.
While San Rafael is home to more emergency shelters, transitional and supportive housing than
other Marin jurisdictions, these facilities tend to operate at full or near capacity, and the 2013
Marin Point In Time Homeless Count identified 48 percent of the County's homeless as residing in
San Rafael. Thus, the estimated 175 unsheltered homeless individuals determined by the 2013
Homeless Count creates an unmet need for 175 emergency shelter beds5. Rising costs of rent has
greatly increased the difficulty in supporting rental housing.
6. Farmworkers
State law requires that housing elements evaluate the needs of farmworker housing in the local
jurisdiction. However, ABAG does not assess the regional need for additional farmworker housing
in Bay Area jurisdictions. The 2007-2011 American Community Survey identifies 269 San Rafael
residents employed in agriculture, forestry, fishing, hunting and mining. Most, if not all, these San
Rafael residents employed in "farming" occupations are employed in wholesale and horticulture
businesses and there are no localized needs for seasonal or other types of farmworker housing.
Therefore, given the extremely limited presence of farmworkers in the community, the City has
no specialized housing programs targeted to this group beyond overall programs for housing
affordability.
5 The 2013 Marin Point in Time Homeless Count occurred on a day when up to 40 homeless men
and 20 homeless women participating in the countywide Rotating Emergency Shelter Team (REST)
winter shelter program were receiving meals in San Rafael, and were thus attributed to the City's
count of unsheltered homeless.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-34
Housing Needs Assessment
[This page was left blank intentionally]
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-35
Housing Needs Assessment
F. Housing Stock Characteristics
This section evaluates the characteristics of San Rafael’s housing stock, including housing unit mix,
conditions, prices/rents and affordability and assisted housing at-risk of conversion.
1. Housing Growth
San Rafael had 24,011 housing units in 2013 according to the Department of Finance. San Rafael
experienced a 9 percent growth between 1990 and 2000. Between 2000 and 2013, growth slowed
to about 5 percent – the 24,011 units estimated by the Department of Finance in 2013 is actually
the same number reported by the Census in 2010. However, development is expected to pick up
with the resurgence of the housing market. As of March 2014, the City also has 160 entitled
projects that will add to the housing stock.
The growth trends among Marin County cities shows that San Rafael is among a few cities in which
the housing growth rate between 2000 and 2013 has decreased from its rate in the previous
decade. Increasing growth rates in Marin County have come from other cities – Novato in
particular increased from a growth rate of 1 percent to 12 percent. Table B1.19 shows countywide
housing growth trends between 1990 and 2013.
ABAG’s 2013 Projection forecasts about a 5 percent growth in households each decade from 2010
to 2040, a growth of households from 22,764 in 2010 to 26,490 in 2040. Household growth in San
Rafael is greater than the countywide rate during the same time period. Preserving the existing
housing stock and finding opportunities to expand housing opportunities will help San Rafael
address the large projected growth of households over the next few decades.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-36
Housing Needs Assessment
Table B1.21: Countywide Housing Growth Trends 1990-2013
Jurisdiction 1990 2000 2013* % Change
1990-2000
% Change
2000-2013
San Rafael 21,139 22,948 24,011 9% 5%
Belvedere 1,037 1,059 1,046 2% -1%
Corte Madera 3,717 3,850 4,025 4% 5%
Fairfax 3,225 3,418 3,586 6% 5%
Larkspur 5,966 6,413 6,380 7% -1%
Mill Valley 6,139 6,286 6,600 2% 5%
Novato 18,782 18,994 21,318 1% 12%
Ross 768 805 889 5% 10%
San Anselmo 5,330 5,408 5,540 1% 2%
Sausalito 4,378 4,511 4,537 3% 1%
Tiburon 3,433 3,893 4,026 13% 3%
Marin County 99,757 104,990 111,539 5% 6%
Source: U.S. Census 1990 and 2000; Dept of Finance 2013
*The Census also reports that San Rafael had 24,011 housing units in 2010
Table B1.22: Household Growth Trends 2010-2040
2010 2020 2030 2040
Percent
Change
2010-20
Percent
Change
2020-30
Percent
Change
2030-40
San Rafael 22,764 24,000 25,240 26,490 5.4% 5.2% 5.0%
Marin County 103,210 106,170 109,100 112,050 2.9% 2.8% 2.7%
Source: ABAG Projections 2013
-2%
0%
2%
4%
6%
8%
10%
12%
14%
16%
% Change 1990-2000 % Change 2000-2013
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-37
Housing Needs Assessment
2. Housing Type and Tenure
San Rafael has 24,011 Housing Units comprised of various housing types, but single-family homes
accounted for the majority of housing types in the City. Table B1.21 shows the distribution of
housing types in 2000 and 2010. Single-family attached and detached homes made up 54 percent
of the housing stock in 2000 and 56 percent in 2010. Multiple-family homes represented 44
percent of the housing stock in 2000 and 42 percent of the housing stock in 2010. Mobile homes
and other units represented 2 percent of housing units in 2000 and 2010.
Table B1.23: Housing Unit Type 2000 - 2010
Unit Type 2000 2010
Units Percent Units Percent
Single-Family (SF) Detached 10,490 46% 11,095 46%
SF Attached 1,992 9% 2,372 10%
Total Single-Family 12,482 54% 13,467 56%
2 to 4 Units* 2,433 11% 2,087 9%
5 or more units 7,559 33% 8,050 34%
Total Multi-Family 9,992 44% 10,137 42%
Mobile Homes & Other** 489 2% 407 2%
Total Housing Units 22,963 100% 24,011 100%
Vacancy Rate 2.5% 5.2%
Source: Census 2000. State Department of Finance, E5 Population and Housing Estimates with 2010 Benchmark, E8
City/County Population and Housing Estimates
*The City of San Rafael noted no significant decrease in 2-4 unit housing units or mobile homes between 2000 and
2010. The decrease is likely a result in re-categorization of unit types by the census.
**Mobile homes are subject to rent stabilization per Municipal Code Title 20.
Renter households have increased between 2000 and 2010. Renter units constituted 48 percent
of occupied housing units in 2010, up from 46 percent in 2000. The increase of over 500 renter-
occupied units was met with a decrease of nearly 100 owner-occupied units (see Table B1.22).
Table B1.24: Owner/Renter Tenure 2000-2010
Occupied
Housing Units
2000 2010
Households Percent Households Percent Marin Co. %
Renter 10,346 46% 10,855 48% 37.4%
Owner 12,025 54% 11,909 52% 62.6%
Total 22,371 100% 22,764 100% 100%
Source: Census 2000 and 2010
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-38
Housing Needs Assessment
a. Vacancy Rate
Vacancy rate measures the overall housing availability in a community and is often a good
indicator of how efficiently for-sale and rental housing units are meeting the current demand for
housing. A low vacancy rate may indicate that households are having difficulty in finding housing
that is affordable, leading to housing overpayment and/or overcrowding. A particularly tight
housing market with insufficient vacant units for normal mobility may also lead to high
competition for units, placing upward pressure on rents and for-sale housing prices.
A vacancy rate of five percent for rental housing and two percent for ownership housing is
generally considered healthy and suggests that there is a balance between the demand and supply
of housing. As measured by the 2010 Census, the citywide residential vacancy rate in San Rafael
was 5.2 percent, a doubling of the 2.5 percent rate measured in 2000. By comparison, vacancy
rates also increased in Marin County (from 4.1% to 7.2%) and San Francisco (4.9% to 8.3%) during
the 2000-2010 period. In terms of vacancies among the rental housing stock6, the 2010 Census
documented a 5.1 percent rental vacancy rate in San Rafael, 5.2 percent in Marin County and 5.4
percent in San Francisco. However, while updated Citywide vacancy rates are not available, the
improving economy and associated job growth in San Francisco has resulted in increasing demand
for rental housing, reducing vacancies and placing upward pressure on rents. The spillover of this
increased demand for rentals is evident in San Rafael, as indicated by the 25 percent increase in
average rents between 2010-2013 (refer to Table A.24 later in this chapter). Furthermore, the
REALFACTS rent survey (refer to Table A.24 later in this chapter) of over 1,800 apartment units in
San Rafael documents an average vacancy rate of just 3.9 percent in calendar year 2013.
In situations where the housing market is extremely tight, there can be a greater tendency among
landlords to discriminate against renters. Fair Housing of Marin is a civil rights agency that
investigates housing discrimination complaints, including discrimination based on race, disability,
gender and familial status. Their caseload consists almost entirely of renters. The organization
receives approximately 1,200 complaints a year county-wide, of which approximately 250 are
discrimination complaints that are fully investigated. Fair Housing of Main also conducts extensive
education and outreach to landlords, property owners and tenants on rights and responsibilities
under fair housing laws.
6 The rental vacancy rate is the proportion of the rental inventory that is vacant "for rent." It is computed by the Census by
dividing the total number of vacant units "for rent" by the sum of the renter-occupied units, vacant units that are "for rent,"
and vacant units that have been rented but not yet occupied; and then multiplying by 100.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-39
Housing Needs Assessment
3. Housing Age and Condition
San Rafael is developed with a diversity of housing types and ages. Nearly 80 percent of the City’s
housing stock was built prior to 1980 and about 65 percent of this stock was built prior to 1970.
Further, there is a strong division between owner-occupied housing and rentals. A breakdown of
the age of housing stock by owner/renter tenure is presented in Table B1.23, below.
Table B1.25: Age of Housing Stock - 2011
Year Structure Built Owner-Occupied Units Renter-Occupied Units
# % # %
2005 or later 235 2% 235 2%
2000-2004 171 1% 182 2%
1990-1999 1040 8% 753 7%
1980-1989 1188 10% 1170 10%
1970-1979 1663 13% 1766 16%
1960-1969 3591 29% 2962 26%
1950-1959 2358 19% 2077 18%
1940-1949 1092 9% 913 8%
1939 or earlier 997 8% 1267 11%
Total 12,335 100% 11,325 100%
Source: 2007-2011 American Community Survey
Most of the City’s housing stock is single-family dwellings (detached and attached), which, based
on exterior appearance is generally in good condition. It is estimated that the percent of the
single-family residential housing stock in need of rehabilitation is less than one percent for the
following reasons:
The good condition of the single-family residential stock is a reflection of the high home
values in the City.
Some of the older single-family residential stock built prior to 1950 are smaller and
considered less-than-adequate in today’s market so, over time, much of this stock has
undergone extensive additions and remodels. This activity has consequently resulted in
property and building condition upgrades that would not typically occur.
Since the 1970’s, the City has administered a “resale inspection program” (RBR). The RBR
program promotes a building and property inspection at the point-of-sale for a single-
family home (also required for the sale of duplex and multiple-family residential
properties), as well as an archival search of permit activity on the property/home. Major
health and safety issues and conditions that impair habitability are called out and ordered
for repair, improvement or abatement as part of this inspection process.
San Rafael has the highest stock of multiple-family residential housing (including duplex) in Marin
County, with an estimated 10,100 units (refer to Table B1.21). Most of the City's multiple-family
housing was built after 1960, with the highest concentration developed in the Canal
neighborhood of Southeast San Rafael, followed by Downtown San Rafael and the Lincoln Avenue
corridor. In 2002, the former San Rafael Redevelopment Agency conducted a “windshield survey”
of the City’s Redevelopment Area (includes the Canal and Downtown San Rafael) finding that 16.3-
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-40
Housing Needs Assessment
percent of the housing in this area had dilapidated and/or deteriorated exterior building
conditions and 18.7-percent of the buildings had defective design. Since the 2002 conditions
survey, building and property conditions and maintenance has progressively improved. While the
administering of the RBR program (referenced and described above) may have had some
influence on property and building improvements, this progression is mostly attributed to the
City’s Apartment and Hotel Inspection Program (HIP). Initially administered by the County of
Marin, the City took over the HIP in 2002. The purpose of the HIP is to conduct periodic, proactive
inspections of apartments and hotels to ensure property maintenance and to curtail conditions
of deterioration and blight in housing. The HIP involves a schedule of City inspections of all
properties with three residential units or more. One full cycle of citywide inspections takes
approximately five years to complete. The City inspectors review property conditions, habitability
and compliance with basic building, housing and fire code standards. If violations are identified
during inspection, an order is issued to the property owner to correct the violation. As a result of
City's administration of the HIP, it is estimated that the multiple-family housing stock currently in
need of major rehabilitation improvements has declined to less than ten percent, or
approximately 1,000 multiple-family units.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-41
Housing Needs Assessment
4. Housing Costs and Affordability
a. Rental Housing Market
Rental costs in San Rafael were obtained from REALFACTS, a service that provides existing contract
rents in properties containing 50 or more units. Fifteen market rate apartment complexes totaling
1,817 units were included in the rent survey. Most of the properties were built between 1960
and 1990 and are classified as Class C construction, with one Class A designated property built in
2010. Class C units are older units where rents would typically be lower than comparable Class A
units, which are newer and can demand higher rents.
As illustrated in Table B1.24, during calendar year 2013, average apartment rents in San Rafael
ranged from $1,312 for a studio, $1,795 for a one-bedroom, $1,793 to $2,420 for a two-bedroom
(1 to 2 bath) and $2,523 for a three-bedroom unit. Townhome units commanded a premium over
apartments and averaged $2,583 and $2,936 for two and three bedroom units respectively.
Table B1.26: Annual Rent Trends By Unit Type 2010-2013
Unit Type
(Bedroom/Bath)
2010
2011 2012 2013
4 Year Rent Increase
$ %
Total Average $1,571 $1,664 $1,851 $1,962 $387 24.6%
Studio $1,059 $1,092 $1,220 $1,312 $253 23.9%
1 bd/1 bth $1,421 $1,512 $1,704 $1,795 $374 32.8%
2 bd/1 bth $1,534 $1,614 $1,692 $1,793 $259 16.9%
2 bd /2 bth $1,904 $1,988 $2,279 $2,420 $516 27.1%
2 bd Townhome $2,033 $2,255 $2,463 $2,583 $550 27.1%
3 bd /2 bth $2,134 $2,235 $2,395 $2,523 $389 18.2%
3 bd Townhome $2,571 $2,850 $2,847 $2,936 $365 14.2%
Source: REALFACTS, February 2014.
In order to examine rental trends within a longer time frame, Table B1.24 also provides the rental
history in these fifteen apartment complexes from 2010 through 2013. As indicated by this data,
rent levels have increased significantly over the past four years, with an overall average rent
increase of just under 25 percent.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-42
Housing Needs Assessment
b. Homeownership Market
Table B1.25 compares median home sales prices during calendar year 2013 in San Rafael and
other Marin communities by zip code and contrasts this with sales prices during the prior year.
Within zip code 94901 (generally the southern half of San Rafael, south of Puerto Suello), a total
of 459 single-family homes and condominiums were sold in 2013 for an overall median sales price
of $745,000, representing nearly a 30 percent increase in the median sales price from the prior
year.
Within zip code 94903 (north of Puerto Suello), 441 units were sold for a median of $610,000,
reflecting a more modest 17 percent increase in sales price from 2012. While median sales prices
in San Rafael were below those in the majority of Marin County communities, the data in Table
B1.25 combines both single-family and condominiums and does not account for the greater
proportion of condominiums in San Rafael, which tend to have lower sales prices than single-
family homes.
Table B1.27: Regional Single-Family Homes and Condominium Sales Jan-Dec 2013
Community Zip code
# Homes/
Condos
Sold
% Change
from 2012
Median
Sales Price
% Change
from 2012
Price/
Sq. Ft.
San Rafael 94901 459 -15.3% $745,000 29.6% $437
San Rafael 94903 441 -4.3% $610,000 16.8% $413
Belvedere/Tiburon 94920 223 -6.7% $1,800,000 21.8% $769
Corte Madera 94925 158 11.3% $872,000 3.8% $592
Fairfax 94930 118 20.4% $645,000 15.2% $432
Greenbrae 94904 197 8.2% $1,255,000 20.1% $627
Inverness 94937 25 -7.4% $920,000 89.7% $522
Larkspur 94939 92 -29.8% $1,255,000 19.5% $638
Mill Valley 94941 489 6.1% $1,050,000 16.7% $616
Novato 94945 229 -9.5% $615,000 21.8% $315
Novato 94947 351 -10.0% $488,250 16.5% $343
Novato 94949 250 -12.0% $639,500 9.3% $328
Ross 94957 35 16.7% $2,220,000 3.3% $869
San Anselmo 94960 285 11.8% $869,500 11.0% $535
Sausalito 94965 162 8.7% $895,000 34.9% $707
Stinson Beach 94970 35 -7.9% $1,550,000 29.4% $931
Source: Dataquick Annual Sales Price Charts by Zip Code, 2013.
While the prior Table B1.25 provides an overview of the subregional housing sales market, the
following Table B1.26 provides more detailed information on residential sales differentiated by
unit type within the San Rafael city limits during 2013. A total of 421 single-family home sales
were recorded during this twelve month period, with prices ranging from a median of $600,000
(two-bedroom) to $1,217,000 (five-bedroom). Housing sales reflected the wide diversity of San
Rafael's housing stock, ranging from smaller, older units (two bedroom homes averaged just 1,170
square feet in size and on average were built in 1939), to luxury units on large lots (lot sizes for
five bedroom homes averaged 22,400 square feet). A total of 24 homes sold for under $500,000
and 28 homes sold for greater than $1.5 million.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-43
Housing Needs Assessment
Condominiums comprised nearly 30 percent of San Rafael's housing sales in 2013, with 166 units
sold. Median prices for condominiums were substantially below that of single-family homes and
ranged from $290,000 for a one-bedroom, to $441,000 for a two-bedroom and $499,000 for a
three-bedroom unit. Condominiums remained a relatively affordable homeownership option in
San Rafael, with 45 units selling for less than $300,000.
Table B1.28: San Rafael Home and Condominium Sales Prices Jan-Dec 2013
#
Bdrms
Units
Sold Price Range Median
Price
Avg. Unit
Size
Avg. Parcel
Size
Avg. Year
Built
Single-Family Homes
2* 41 $205,000 - $2,730,000 $600,000 1,170 sf 6,000 sf 1939
3 211 $202,000 - $2,200,000 $772,000 1,850 sf 10,000 sf 1958
4 139 $222,000 - $2,550,000 $880,000 2,450 sf 13,600 sf 1962
5+ 30 $580,000 - $3,175,000 $1,217,000 3,450 sf 24,400 sf 1954
Total 421 $202,000 - $3,175,000 $815,000 2,100 sf 11,850 sf 1957
Condominiums
1 23 $210,000 - $490,000 $290,000 900 sf -- 1985
2 80 $200,000 - $1,375,000 $441,000 1,260 sf -- 1982
3** 63 $207,000 - $1,025,000 $499,000 1,630 sf -- 1980
Total 166 $200,000 - $1,375,000 $429,500 1,350 sf -- 1982
Source: Dataquick On-Line Real Estate Database.
* Includes 3 one-bedroom units. ** Includes 4 four-bedroom units.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-44
Housing Needs Assessment
c. Home Foreclosures
Approximately 1.5 million of the 8.7 homes and condominiums in California have been involved
in a foreclosure proceeding since 2007. In addition to impact of people losing their homes,
foreclosed properties can lead to other problems as these homes are left abandoned, becoming
potential blight and criminal concerns. Fortunately, the number of mortgage default notices in
California has been consistently declining since its peak in 2009, with the number of default
notices filed in the fourth quarter of 2013 the lowest level in eight years. According to the real
estate information service DataQuick, the drop in foreclosure notices is the result of a
combination of rising home values, an improving economy and the use of various foreclosure
prevention efforts - short sales, loan modifications and the ability of some underwater
homeowners to refinance.
Within San Rafael, www.Realtytrac.com identified 95 single-family home and condominiums units
in January 2014 in various states of foreclosure, including “pre-foreclosure” having received a
notice of mortgage default, notice of a trustee sale and bank-owned. The number of properties
that received a foreclosure filing in San Rafael in January was 20 percent lower than the previous
month and 53 percent lower than the same time last year and represented one filing for every
3,716 residential units in the City. In comparison, at one foreclosure filing to every 921 housing
units, the ratio of foreclosure filings in the State was much higher than San Rafael and other Marin
County jurisdictions.7
California 1 : 921
Corte Madera 1 : 2,109
Novato 1 : 3,046
San Anselmo 1 : 3,314
San Rafael 1 : 3,716
Marin County 1 : 4,239
Mill Valley 1 : 4,709
Sausalito 1 : 6,350
7 The foreclosure ratio is calculated by dividing the number of dwelling units in the jurisdiction by the total number of
properties that received foreclosure notices that month. The lower the second number in the ratio, the higher the
foreclosure rate.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-45
Housing Needs Assessment
d. Housing Affordability
The affordability of housing in San Rafael can be assessed by comparing market rents and sales
prices with the amount that households of different income levels can afford to pay for housing.
Compared together, this information can reveal who can afford what size and type of housing as
well as indicate the type of households that would most likely experience overcrowding or
overpayment.
For purposes of evaluating home purchase affordability, Table B1.27 presents the maximum
affordable purchase price for moderate income households (120% AMI) and compares this with
market sales prices for single-family homes and condominiums in San Rafael (refer to Table
B1.26). As illustrated below, the maximum affordable purchase price ranges from $451,000 (two
person household) up to $627,000 (five person household), rendering median single-family home
prices in San Rafael well out of reach.
Condominiums, however, do provide an affordable homeownership option for many moderate
income households. For example, a three person moderate income household can afford a
purchase price up to $510,000 and is thus able to afford the $441,000 median priced two bedroom
condominium. Expanding the supply of condominiums, combined with down payment assistance
programs and inclusionary housing requirements, can be an effective way to extend affordable
housing opportunities and ensure households earning moderate incomes remain part of the San
Rafael community.
Table B1.29: 2013 Marin County Maximum Affordable Housing Cost (Moderate Income)
Moderate Income
Affordable Housing Cost
1 Bedroom
(2 persons)
2 Bedroom
(3 persons)
3 Bedroom
(4 persons)
4 Bedroom
(5 persons)
Household Income @ 120% Median $98,900 $111,250 $123,600 $133,500
Income Towards Housing @ 35% Income $34,615 $38,937 $43,260 $46,725
Maximum Monthly Housing Cost $2,885 $3,245 $3,605 $3,995
Less Ongoing Monthly Expenses:
Utilities ($150) ($170) ($210) ($250)
Taxes (1.1% affordable hsg price) ($413) ($468) ($518) ($574)
Insurance ($85) ($100) ($115) ($130)
HOA Fees & Other ($180) ($180) ($180) ($180)
Monthly Income Available for Mortgage $2,057 $2,327 $2,582 $2,861
Supportable 30 yr Mrtg @ 4.5% interest $406,000 $459,000 $510,000 $565,000
Homebuyer Down payment (10%) $45,000 $51,000 $56,000 $62,000
Maximum Affordable Purchase Price $451,000 $510,000 $566,000 $627,000
San Rafael Median Single-Family Price -- $600,000 $772,000 $880,000
San Rafael Median Condo Price $290,000 $441,000 $499,000 --
Source: Karen Warner Associates.
Utility costs based on 2013 Marin Housing utility allowance schedule for attached units (gas appliances).
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-46
Housing Needs Assessment
Table B1.28 presents the maximum affordable rents for very low, low and moderate-income
households by household size and compares with average apartment rents in San Rafael (as
documented previously in Table B1.24). As the table below indicates, Citywide average rents were
above the level of affordability for all very low and low income households with two or more
persons, with an affordability gap ranging from $100 to $436 per month for low income
households depending on household size. Households earning moderate incomes, regardless of
household size, were easily able to afford market rents in San Rafael.
Table B1.30: 2013 Maximum Affordable Rents in Marin County
Income Level1
Maximum Affordable Rent After Utilities Allowance2
Studio
(1 person)
1 Bedroom
(2 person)
2 Bedroom
(3 person)
3 Bedroom
(4 person)
Very Low Income $890 $1,016 $1,138 $1,239
Low Income $1,483 $1,695 $1,901 $2,087
Moderate Income $2,062 $2,357 $2,646 $2,915
San Rafael Average
Apartment Rent $1,312 $1,795 $2,106 $2,523
Source: Karen Warner Associates
1 Income levels based on State HCD published Income Limits for 2013.
2 Utility costs based on Marin Housing multi-family utility allowance schedule (gas heating, cooking and water heating;
assumes monthly refuse service included in rent): $100 for studios, $115 for 1 bedrooms, $135 for 2 bedrooms and
$175 for 3 bedrooms. Affordable rent is based on 30% of household income.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-47
Housing Needs Assessment
5. Assisted Housing At-Risk of Conversion
State Housing Element law requires an analysis of the potential for rent-restricted low income
housing units to convert to market rate housing during the next ten years. This includes
conversion through termination of subsidy contract, mortgage prepayment, or expiring use
restrictions. The following at-risk analysis covers the period of January 31, 2015, through January
31, 2025, the 10 year period required to be analyzed by State law.
a. Inventory of Assisted Housing Units
San Rafael has facilitated the development of affordable and special needs housing using a variety
of public financing mechanisms from federal, state and local resources. Table B1.29 presents a
complete inventory of publicly assisted rental housing in the City and identifies a total of 932 rent
restricted affordable units within 30 residential projects.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-48
Housing Needs Assessment
Table B1.31: Publicly Assisted Affordable Rental Housing in San Rafael
Project Name/
Address Housing Type Owner Name # Units Deed Restriction
Source
Potential
Conversion Date
Carmel Hotel
831 B St Mental Health Homeward Bound
(Non-profit) 36 RDA, CDBG 2028
St. Vincent’s
822 B St
Supportive
Housing
St. Vincent de Paul
(Non-profit) 6 RDA 2041
Belvedere Place
162 Belvedere St Family BRIDGE Housing
(Non-profit) 26 RDA, TCAC, HOME,
Marin Comm. Fndtn 2057
Casa Vista Apts
55 Fairfax Family BRIDGE Housing
(Non-profit) 40 RDA, CDBG, HOME
Marin Comm. Fndtn 2057
Lone Palm Apts
840 C St Family Continuum Housing Assoc
(Non-profit)
60 -24
low incm RDA, TCAC 2047
Centertown Apts
855 C St Family Centertown Assoc.
(Non-profit partnership) 60
Former RDA owns
land -75-year lease.
TCAC, CDBG, RDA
2064
Riviera Apts
455 Canal St Family EAH
(Non-profit) 28 CDBG, Tax Credits 2059
Ecology House
375 Catalina Blvd Disabled Ecology House, Inc.
(Non-profit) 11
Sec 811, CDBG,
HOME
Section 8 contract
2029
2014
Lifehouse
626 Del Ganado
Developmenta
l Disabled
Lifehouse
(Non-profit) 12 FHA, Section 202
Section 8 contract
2022
2032
Rotary Manor
1851 Fifth Ave
Senior/
Disabled
Rotary Valley/ABHOW
(Non-profit) 99 RDA 2017
Marin Hotel
1111 Fourth St SRO Homeward Bound
(Non-profit) 20 RDA 2015
Marin Center for
Independent Living
710 Fourth St
Disabled MCIL/Buckelew
(Non-profit) 5 RDA, CDBG 2027
Rafael Town Center
988 Fourth St General JB Matteson, Inc. 113-38
low incm RDA 2025
San Rafael Commons
302 Fourth St Senior Danville Senior Housing 83
RDA, Tax Credits
Section 236 (J)
Section 8 contract
2056
2031
Gordon’s Opera
House
1337 Fourth St
General Art Works Downtown
(Non-profit) 17 RDA 2039
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-49
Housing Needs Assessment
Table B1.29: Publicly Assisted Affordable Rental Housing in San Rafael (cont'd)
Project Name/
Address Housing Type Owner Name # Units Deed Restriction
Source
Potential
Conversion Date
5 Golden Hinde
Senior/
Disabled Marin Housing Authority 40 Public Housing Perpetuity
One H St Apts Family Continuum Housing Assoc
(Non-profit)
38-20
low incm RDA 2028
1103 Lincoln Ave Disabled Buckelew
(Non-profit) 12 RDA 2058
Lincoln Avenue Apts
1351 Lincoln
Developmental
Disabled
EAH
(Non-profit) 13 Section 811
Section 8 contract
2016
2016
Martinelli House
1327 Lincoln
Senior/
Disabled Martinelli House, Inc. 66 - 28
low incm
FHA, Sec 236(J),
CDBG
LMSA Sec 8
contract
2062
2027
Rogers Greene Apts
7 Mariposa Rd Disabled Buckelew
(Non-profit) 10 HOME, RDA 2040
39 Mary St. Transitional
Housing
Centerpoint
(Non-profit) 8 RDA , CDBG, HOME Perpetuity
Sundance
95 Medway Family Marin Housing Authority 28 Public Housing, RDA Perpetuity
Mills St. Shelter
29 Mill
Emergency
Shelter
Homeward Bound
(Non-profit) 55 CDBG, RDA Perpetuity
Duncan Greene Court
410 Mission Disabled Buckelew
(Non-profit) 11 RDA 2057
Nova House
393 Nova Albion Way Disabled Lifehouse
(Non-profit) 6
Sec 202, CDBG,
HOME
Section 8 contract
2032
2015
Novato Street
153,161,165 Novato Family Canal Community Alliance
(Non-profit) 12 RDA,
Marin Comm. Fndtn 2040
Pilgrim Park Apts.
96 Pilgrim Way Family Pilgrim Park, Inc.
(Non-profit - church) 61
FHA, Section 236
LMSA Sec 8
contract
2025
2025
Maria B. Freitas
455 M. Freitas Pkwy Senior Mercy Charities
(Non-profit) 60 Sec 202, HOME
Section 8 contract
2040
2017
Sommerhill
Townhomes
30 Novato
Family
Foundation for Affordable
Housing
(Non-profit)
38 TCAC 2054
Total 932 low income units
Sources: San Rafael Community Development and Economic Development Departments, 2014. California Housing Partnership Corporation
- TCAC and HUD Section 8 database, March 2014. Review of housing provider websites (BRIDGE, Buckelew, Centerpoint, Continuum
Housing Assoc, EAH, Foundation for Affordable Housing, Homeward Bound, Lifehouse, Marin Housing Authority, St. Vincent DePaul
Society).
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-50
Housing Needs Assessment
b. Assisted Housing Units at Risk
As highlighted in Table B1.29 above, eight assisted rental projects in San Rafael are potentially at-
risk of conversion to market rate during the ensuing ten year period. However, all these projects
are owned and managed by non-profit organizations that have a public purpose to develop and
maintain affordable housing for low income and special needs populations. According to the
California Housing Partnership Corporation (CHPC), seven of these projects are considered at low
risk of conversion, with the six unit Nova House identified as "high risk" (3/2014).
Nova House is owned by Lifehouse, a Bay Area non-profit formed in 1954 to provide various
support services and housing for the developmentally disabled population. Nova House is a single-
family home serving six disabled clients. The property was purchased with Section 202 funding
and Lifehouse receives rental subsidies for the residents. Lifehouse has a contract with the US
Department of Housing and Urban Development (“HUD”) for the Section 8 Housing Assistance
Payment Program. The current HUD Section 8 contract expires in 2015. The property meets the
current HUD guidelines for contract renewal and Lifehouse anticipates renewing the contract with
HUD for an additional twenty years.
c. Preservation and Replacement Options
As all eight at-risk projects in San Rafael are already owned by non-profit entities, their conversion
to market rents is highly unlikely. Nonetheless, as the HUD Section 8 contracts and/or capital
subsidies have the potential to expire within the next ten years, for purposes of the Housing
Element, these projects are technically considered at potential risk of conversion.
Preservation or replacement of San Rafael's at-risk projects can be achieved in two primary ways:
1) provision of rental assistance using other sources of funds; or 2) replacement or development
of new affordable rental units. These options are discussed below, along with a general cost
estimate for each.
Rental Assistance: The long-term availability of funding at the federal level for Section 8 contract
renewal is uncertain. If terminated, rent subsidies using alternative State or local funding sources
could be used to maintain affordability. Subsides could be structured similar to the Section 8
program, whereby HUD pays the owners the difference between what tenants can afford to pay
(30% household income) and what HUD establishes as the Fair Market Rent (FMR).
The feasibility of this alternative, in the case of the property owners, depends on their willingness
to continue to accept rental vouchers and limit rents to fair market levels. Non-profit owners are
more likely to be willing to accept other rent subsidies, while for-profit owners will compare the
negotiated rents to market rents.
As depicted in Table B1.30, the cost of providing rent subsidies to all 291 at-risk units in San Rafael
(the difference between HUD Fair market Rents and maximum affordable rents for very low
income households) is generally estimated at $885,000 per year, translating to roughly $18 million
in subsidies over a 20-year period.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-51
Housing Needs Assessment
Table B1.32: Annual Rent Subsidies Required to Preserve At-Risk Units
# Bdrms #
Units
2013 Fair
Market
Rents
Hhld Size
Hhld
Income
(50%AMI)
Max.
Afford
Rent
Per
Unit
Subsidy
Total
Monthly
Subsidy
Total
Annual
Subsidy
0 bdrm 74 $1,093 1 person $39,600 $990 $103 $7,600 $91,200
1 bdrm 205 $1,423 2 person $45,250 $1,131 $292 $59,900 $718,800
2 bdrm 12 $1,795 3 person $50,900 $1,272 $523 $6,300 $75,600
Total 291 $73,800 $885,600
Source: Marin Housing Authority 2013 Fair Market Rents; State HCD 2013 Income Limits.
Table calculated by Karen Warner Associates, Inc.
d. Construction or Purchase of Replacement Units
The construction or purchase of a replacement building is another option to replace at-risk units
should they convert to market rates. The cost of developing housing depends on a variety of
factors, including density, size of the units, location, land costs and type of construction. Using a
conservative estimate of total development costs of $300,000 per affordable housing unit, the
cost to replace San Rafael's 291 at-risk units can generally be estimated at $87 million.
e. Cost Comparison
In terms of cost effectiveness for preservation of the 291 at-risk units, 20 years' worth of rent
subsidies ($18 million) are less expensive than construction or purchase of replacement units ($87
million). However, as described in the beginning of this section, while technically at-risk, all eight
at-risk projects are owned by non-profits, rendering their conversion unlikely.
Should units become at risk, several local organizations have the capacity to acquire the units. For
example, the West Bay Housing Corp. and Lifehouse have experience managing supportive
housing for the disabled. Regional affordable housing companies such as BRIDGE, EAH and Mercy
Housing all own and manage affordable housing properties in San Rafael and would be logical
successors if West Bay or Lifehouse could not acquire the units.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-52
Housing Needs Assessment
6. Housing Problems
a. Overpayment
Housing overpayment, as defined by the State and Federal government, refers to spending more
than 30 percent of income on housing; severe overpayment is spending greater than 50 percent
of income. Table B1.31 shows the incidence of overpayment in San Rafael.
Table B1.33: Housing Overpayment in San Rafael - 2010
Overpayment Households Percent Marin Co. %
Owners
Overpayment 4,995 42% 42%
(>30% income on housing)
Severe Overpayment 2,380 20% 20%
(>50% income on housing)
Lower Income Households Overpaying 2,260 64% 60%
Renters
Overpayment 5,780 53% 54%
(>30% income on housing)
Severe Overpayment 3,265 30% 28%
(>50% income on housing)
Lower Income Households Overpaying 5,460 75% 66%
Total Overpayment 10,775 47% 46%
Source: American Community Survey (ACS) 2006-2010 (as compiled by ABAG for Bay Area Housing Elements).
Note: Severe overpayment is a subset of overpayment.
According to the 2006-2010 American Community Survey, 42 percent of owners and 53 percent
of renters in San Rafael were spending more than 30 percent of their total income on housing.
Severe overpayment impacts 30 percent of the City’s renters, a significant housing need and
above the 28 percent renter overpayment Countywide. Twenty percent of homeowners in both
San Rafael and countywide are identified as spending more than half their incomes on housing
and are thus considered at risk of foreclosure.
In terms of overpayment among lower income households (<80% AMI), 5,460 lower income
renter households and 2,260 lower income owners were faced with overpayment in San Rafael,
translating to over 70 percent of the City’s lower income households overpaying. The impact of
housing overpayment on San Rafael's lower income households is significant, with the
community’s special needs populations – seniors, persons with disabilities and female-headed
households with children - most vulnerable to losing their housing due to an inability to pay.
b. Overcrowding
The State defines an overcrowded housing unit as one occupied by more than 1.01 persons per
room (excluding kitchens, porches and hallways). A unit with more than 1.51 occupants per room
is considered severely overcrowded. The incidence of overcrowded housing is a general measure
of whether there is an available supply of adequately sized housing units.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-53
Housing Needs Assessment
Between 1980 and 2000, the incidence of overcrowding increased significantly in San Rafael, from
1.9 percent in 1980, to 5.6 percent in 1990 and 10.6 percent in 2000. Renter households were
particularly impacted, with the 2000 Census identifying 21.3 percent of the City's renters as living
in overcrowded conditions, compared to 10 percent renter overcrowding countywide. Factors
contributing to this rise in overcrowding included the increase in immigrant newcomers in the
Canal Neighborhood, cultural acceptance of extended households, and the economic necessity of
sharing housing.
More recent data from the 2006-2010 American Community Survey indicates household
overcrowding has declined by approximately one-half over the past decade both in San Rafael and
countywide. As depicted in Table B1.32, renter overcrowding has declined to 12.4 percent (from
21.3%) in San Rafael and to 5.8 percent in Marin County (from 10%). While this reflects a
significant drop in renter overcrowding, evaluation of the data by census block group reveals
certain neighborhoods in San Rafael where relatively high concentrations of renter overcrowding
remain. As depicted in Figure B1.2 on the following page, the highest rates of renter overcrowding
(35-46%) are located within the northern Canal Neighborhood and Francisco Boulevard West,
with the southern Canal Neighborhood also experiencing 26 percent renter overcrowding. As
noted in the County of Marin Consolidated Plan (2010), census tracts 1122 (greater Canal area)
and 1110 (downtown San Rafael) have among the highest concentrations of low income and
poverty level households in the County.
Table B1.34: Overcrowded Households - 2010
Overcrowding Households Percent Marin Co.
%
Owners
Overcrowding 103 0.8% 0.7%
Severe Overcrowding 45 0.4% 0.2%
Renters
Overcrowding 1,331 12.4% 5.8%
Severe Overcrowding 651 6.0% 2.3%
Total Overcrowding 1,434 6.1% 1.6%
Source: American Community Survey (ACS) 2006-2010 (as compiled by ABAG for Bay Area Housing Elements).
Note: Severe overcrowding is a subset of overcrowding.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-54
Housing Needs Assessment
Figure B1.2: Renter Overcrowding
Source: 2006-2010 American Community Survey, Table B25014
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-55
Housing Needs Assessment
G. Regional Housing Needs Allocation (RHNA)
The Regional Housing Allocation (RHNA) is a state-mandated process, which determines the
amount of future housing growth each city and county must plan for in their housing elements.
This “fair share” allocation concept seeks to ensure that each jurisdiction accepts responsibility
for the housing needs of not only its resident population, but also for the jurisdiction’s projected
share of regional housing growth across all income categories. Regional growth needs are defined
as the number of units that would have to be added in each jurisdiction to accommodate the
forecasted number of households, as well as the number of units needed to compensate for
anticipated demolitions and changes to achieve an "ideal" vacancy rate.
The RHNA process begins with the California Department of Housing and Community
Development’s (HCD) projection of future statewide housing growth need and the apportionment
of this need to regional councils of government throughout the state. As the Bay Area’s
designated Council of Government, the Association of Bay Area Governments (ABAG) is the
agency responsible for developing an allocation methodology to allocate the region’s assigned
share of statewide need to cities and counties by income level. ABAG has adopted the RHNA for
the 2014-2023 Housing Element cycle and has allocated San Rafael the following share of the
region's housing needs:
Table B1.35: Regional Housing Needs Allocation 2014-2022
Income Level Percent of AMI* Units
Extremely Low** 0-30% 120
Very Low 31-50% 120
Low 51-80% 148
Moderate 81-120% 181
Above Moderate 120%+ 438
Total 1,007
Source: Association of Bay Area Governments (ABAG) 5th Cycle RHNA.
* AMI - Area Median Income
** An estimated half of San Rafael's 240 very low income housing needs (120 units) are for extremely low income
households earning less than 30% AMI.
The 2007-2014 Housing Element planned for a RHNA of 1,403. With a RHNA of 1,007 for the 2015-
2023 Housing Element, the City would be able to accommodate this lower allocation.
Once a jurisdiction receives its RHNA allocation from ABAG, it must demonstrate in its Housing
Element how it will accommodate its RHNA number by providing “adequate sites” through
general plan and zoning. As the RHNA represents a planning target for new residential growth
and not a building quota, so long as a jurisdiction provides sufficient sites and does not impose
constraints to development, it is not penalized for falling short of its RHNA goals.
The RHNA represents the minimum number of housing units each community is required to
provide “adequate sites” through zoning and is one of the primary threshold criteria necessary to
achieve State approval of the Housing Element. As the RHNA represents a planning target for new
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B1-56
Housing Needs Assessment
residential growth and not a building quota, so long as a jurisdiction provides sufficient sites and
does not impose constraints to development, it is not penalized for falling short of its RHNA target.
The RHNA ensures that each jurisdiction plans for its fair share of units to meet the State’s overall
projected number of required housing units, however, planning for these units also allows local
governments to examine how housing can respond to changes in their cities’ demographic
composition, household characteristics and market conditions. The housing element update
process, initiated by the need to accommodate the RHNA, allows cities to see and respond to
foreseeable challenges in the planning of housing through a comprehensive review of the state of
housing in each city. The housing element addresses aspects related to the accessibility of
housing, such as affordability, overcrowding and overpayment, and ties them in to the need for
housing at different income levels, presented in the RHNA.
San Rafael will continue to provide sites for a mix of single-family, multi-family and mixed use
housing, supported by a variety of programs to enhance affordability, to accommodate its RHNA
and contribute towards addressing the growing demand for housing in the Bay Area region.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-1
Housing Constraints
APPENDIX B-2. HOUSING CONSTRAINTS
A. GOVERNMENTAL CONSTRAINTS AND OPPORTUNITIES
1. Land Use Controls and Development Standards
The City of San Rafael regulates the use of land within the City limits through the General Plan,
the Zoning Ordinance, the Subdivision Ordinance and the Building Code. The General Plan
provides overall density and development policies for specific areas of the community. The Zoning
Ordinance implements the General Plan and provides greater specificity on density, height and
yard regulations, etc. The City’s Zoning Ordinance was revised in 1996 to include new Downtown
zoning districts. Zoning has been used as a site-specific tool to derive the density and intensity of
proposed land uses. Below is a summary of multifamily and mixed-use zoning standards.
San Rafael’s zoning allows densities higher than all other communities in Marin County. These
requirements should be viewed in light of the fact that San Rafael is the hub of the County,
centrally located from West Marin to the East Bay, and from north counties to San Francisco. San
Rafael’s multiple-family (“HDR1”) District allows 1 unit per 1,000 square feet of land area,
compared to 1,500 square feet in most Marin cities’ multifamily zoning districts. This translates
to 43 units per net acre as compared to 29 units per acre as allowed in most Marin cities. In
Downtown, densities of 62 units per acre are allowed in order to encourage more residential
development in the city center.
San Rafael has allowed even greater density on selected sites. San Rafael Commons, for example,
was built at 90 units per acre, with the higher density allowed because it was an affordable senior
project. In addition, the City granted a reduction in the parking requirements, recognizing the
lower parking demand of senior housing. The City has also recently approved four density bonus
projects (33 San Pablo, 1203/1211 Lincoln, 1867 Lincoln, 524 Mission, 21 G Street), allowing for
increased densities in exchange for the provision of affordable units. San Rafael’s highest density
single-family (“R5”) District allows lots as small as 5,000 square feet in size, which is the smallest
single-family lot zoning allowed in Marin County. San Rafael also has a P-D (Planned
Development) zoning district that allows for maximum development flexibility, providing that the
project is consistent with General Plan policies.
Table B2.1: Exhibit OO: City of San Rafael Zoning Standards for Multifamily and Mixed-Use
Residential Districts
Zone Classification
Permitted
Use
Minimum
Lot Area
(sq. ft.)
Width
(ft.)
Unit/ Sq.
ft.
Units per
acre**
Front
(ft.)
Setbacks
Side
(ft.)
Rear
(ft.)
Building
Height
(ft.)
Building
Coverage
DR Duplex Residential Duplex 5,000 50 2,500 17 15 3 10 30 40%
MR5
Multifamily Residential
(Medium Density) Multifamily 6,000 60 5,000 8 15 10 5 36 40%
MR3
Multifamily Residential
(Medium Density) Multifamily 6,000 60 3,000 14 15 10 5 36 50%
MR2.5
Multifamily Residential
(Medium Density) Multifamily 6,000 60 2,500 17 15 10 5 36 50%
MR2
Multifamily Residential
(Medium Density) Multifamily 6,000 60 2,000 21 15 10 5 36 50%
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-2
Housing Constraints
Zone Classification
Permitted
Use
Minimum
Lot Area
(sq. ft.)
Width
(ft.)
Unit/ Sq.
ft.
Units per
acre**
Front
(ft.)
Setbacks
Side
(ft.)
Rear
(ft.)
Building
Height
(ft.)
Building
Coverage
HR1.8
Multifamily Residential
(High Density) Multifamily 6,000 60 1,800 24 15 3 5 36 60%
HR1.5
Multifamily Residential
(High Density) Multifamily 6,000 60 1,500 29 15 3 5 36 60%
HR1
Multifamily Residential
(High Density) Multifamily 6,000 60 1,000 43 15 3 5 36 60%
GC General Commercial Mixed Use 6,000 60 1,000 43 NR NR NR 36 NR
NC Neighborhood Commercial Mixed Use 6,000 60 1,800 24 NR NR NR 30-36 NR
C/O Commercial/Office Mixed Use 2,000/bldg NR 1,000 43 NR NR NR 36 NR
R/O Residential/Office Mixed Use 6,000 60 1,000 43 NR NR NR 36 NR
4SRC Fourth Street Retail Core Mixed Use 2,000/bldg 25 600 72 NR NR NR 36-54 NR
HO Hetherton Office Mixed Use 6,000 60 600 72 NR NR NR 46-66 NR
CSMU Cross Street Mixed Use Multifamily 2,000/bldg 25 600 72 NR NR NR 36-54 NR
2/3
MUE
Second/Third Mixed Use
East Multifamily 6,000 60 600 72 5 NR NR 54 NR
2/3
MUW
Second/Third Mixed Use
West Multifamily 6,000 60 1,000 43 5 NR NR 36-42 NR
WEV West End Village Mixed Use 5,000 25 1,000 43 NR NR NR 30-36 NR
5/M
R/O
Fifth/Mission
Residential/Office Multifamily 6,000 60 1,000 43 NR-15 NR NR 42 NR
O Office Multifamily 7,500 60 1,000 43 20 6 20 36 40%
*Exceptions may be granted for height above 36’ subject to provisions in Chapter 14.24, Exceptions.
**Zoning densities (net dwelling units per acre is roughly 30% higher than GP densities (gross du/acre)
NR = No Restriction
Source: City of San Rafael Municipal Code, 2014
Land use controls can be viewed as a constraint in that they determine the amount of land to be
developed for housing and establish a limit on the number of units that can be built on a given
site. However, the adoption of the General Plan 2020 and subsequent Zoning Ordinance
amendments created additional sites for multifamily housing by allowing housing in more
commercial areas at densities that make affordable housing feasible.
San Rafael’s mixed use commercial and residential zoning requirements are additive (not
prorated), so that a developer has flexibility in determining how much commercial and residential
development to include in a project. Site development capacities are based on the aggregate of
the maximum residential density PLUS the maximum floor area ratio (FAR) for the site, thereby
increasing development potential on mixed use sites. However, as shown in the table above, in
some commercial zoning districts, residential is required to be part of a mixed-use development.
While this could potentially This can be a constraint should a developer wish to build a residential-
only project, the City does allow residential-only projects with an Administrative Use Permit. The
Housing Element includes a new program to review zoning requirements for retail in a mixed use
building or site, and to amend the zoning ordinance as necessary to allow for residential-only
buildings in appropriate mixed-use zoning districts.
Parking standards can pose additional constraints to development. However, San Rafael has
developed standards intended to provide reasonable off-street parking for various types of
housing and ensure adequate on-site parking for new residents, while reflecting local parking
usage. A generalized comparison of parking standards in Marin County is shown in Table B2.2
below.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-3
Housing Constraints
For residential development projects, an additional reduction in the parking requirement may be
applied, as well as the possibility of using tandem or uncovered parking to meet the on-site
parking requirement. For details on the specific parking incentives for residential development
projects see the City of San Rafael Zoning Ordinance, section 14.16.030 (H-3) – Affordable Housing
Requirement, found online at:
http://library.municode.com/index.aspx?clientId=16610&stateId=5&stateName=California.
Additionally, the City established a parking district Downtown to encourage residential uses in the
district. For instance, no parking is required for up to three units in the parking assessment district,
provided the units are an infill addition to an existing nonresidential structure, and that the units
are two-bedroom or less and no larger than 900 square feet in size.
Table B2.2:Exhibit PP: Parking Standards in San Rafael
Residential Use
Citywide
Downtown Parking
Assessment District
Other Areas
of Downtown
Most Common
Standard in County
Accessory Dwelling Unit (Studio/One Bedroom) 1.0 1.0 1.0 1.0
Duplex 1.5 1.0 1.0 2.0
Mixed Use By Use By Use By Use n/a
Multifamily: Studio (Depends on size of unit) 1.0-1.5 1.0 1.0 1.0-2.0
Multifamily: One-Bedroom 1.5 1.0 1.0 1.0-2.0
Multifamily: Two-bedroom (Depends on size of unit) 1.0-1.5 1.0-1.5 1.5 2.0
Multifamily: Three-Bedroom 2.0 2.0 2.0 2.0
Guest Parking 0.2 0.0 0.0 0.20-0.25
Senior Housing 0.75 0.75 0.75 1.0
Single Family Dwellings 2.0 2.0 2.0 2.0
Source: City of San Rafael Zoning Ordinance, 201409; Marin County Housing Workbook, 2009
Based on the assessment, the City’s standards, such as San Rafael’s parking standards and San
Rafael’s parking density bonus, compare favorably to other jurisdictions, and do not pose a
constraint to development. The results of a 1996 analysis of Downtown parking standards led to
reduced parking requirements in the Downtown area, reflecting the lower demand for parking
compared to more suburban areas. San Rafael’s standards are also tailored to the size of the unit.
Program H-x aims to continually assess and identify more flexible parking standards.
The Downtown San Rafael Station Area Plan, accepted by City Council in June 2012, establishes a
long-term vision for land use and circulation improvements in the area surrounding the planned
Downtown SMART station. In preparation for the Station's opening in 2016, a parking study is
currently underway to evaluate various options to address small parcels and on-site parking
constraints to development (refer to Housing Element Program H-15a).
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-4
Housing Constraints
2. Second Units
A second dwelling unit is a small unit in addition to the main house on a single-family lot. Second
units have the following benefits:
(1) They provide flexibility for the owner of the main home (they can be used as an apartment
for elderly parents or a source of income);
(2) When rented they help make home-ownership affordable for the owner of the home;
(3) They can provide flexibility for seniors or other homeowners who rent their primary
dwelling because they still want to live in the same neighborhood;
(4) They provide lower cost housing because the units are small and there are no extra land
costs (City surveys show that a quarter of all units collect $0 rents);
(5) They fit in to existing neighborhoods since they are small and often part of the main house.
Second units are widely recognized as a valuable potential source of affordable housing for low-
income households, especially single-person households such as seniors and single adults (Marin
Housing Workbook, 2009). A 2008 survey conducted by the County found that 61 percent of
second units located in the unincorporated county were affordable to lower income households
(making 80 percent or below the County’s median income; Marin County Draft Housing Element,
2009). A similar study conducted by the City in 2008 found an average rent of $707 for second-
units in San Rafael, with a monthly rent range from $0-$1,550, a price range that accommodates
very-low and low income households based on 2009 household income limits (Second Dwelling
Units progress Report, 2009). While the City has not conducted a comprehensive second unit
survey since 2009, as indicated in Table B2.3 second units being developed in San Rafael continue
to be very small in size, thus keeping rents relatively low.
In 2003, the City amended its zoning ordinance second unit provisions in response to a new
requirement by State law which required ministerial review of all second unit applications, as
opposed to discretionary review, so long as the unit met specified development and design
standards. Some of the changes included in the zoning amendments include eliminating the Use
Permit fee (allowing second dwelling units by right in all residential zoning districts) and the public
hearing process, reducing the parking requirement, allowing the construction of detached units,
and allowing second units to be built in zoning districts other than single-family districts. These
zoning amendments effectively reduced many of the barriers, financial and otherwise, which may
have formerly discouraged homeowners from building second units, and the City anticipated an
increase in annual production of 34 second units.
Between 1989 and 2003, the City approved 74 second units, including eight studio units; 61 one-
bedroom units; and five two-bedroom units; and averaging approximately five second units per
year. Immediately aAfter the zoning amendments of 2003, the annual number of second dwelling
units built rose significantly for the next two years (see Table B2.3table below). Since that time,
an average of four to five second units have been developed each year in San Rafael, Between
2004 and 2008, a total of 32 second units were constructed, a considerably higher rate than thee
74 units constructed in the fourteen year period prior to 2004. Although second unit production
did not meet the City’s initial expectation of 34 units per year, the confirming the City's second
unit zoning ordinance revisions have beenproven successful in supporting the continued
production of this important form of affordable housing. increasing the volume of units produced.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-5
Housing Constraints
Additionally, current depressed economic conditions have affected real estate markets and home
construction and may be responsible for the decline in second-unit production from 2006 to 2008.
Table B2.3:Exhibit QQ: Second Units Production: 2000 to 2013
Total Number of
Second Units Approved
No. of
Attached Units
No. of Detached
Units
Unit Size
Range (sq ft)
Average Unit
Size (sq ft)
2000 3 3 0 500-960 670
2001 0 0 0 N/A N/A
2002 2 1 1 581-650 615
2003 4 1 3 340-600 475
2004 10 7 3 444-1000 650
2005 8 4 4 401-800 600
2006 4 2 2 375-781 550
2007 5 3 2 350-747 515
2008 56 24 32 354-942 600
2009 5 4 1 475-850 650
2010 7 5 2 500-800 650
2011 5 3 2 500-690 580
2012 5 5 0 480-1000 600
2013 1 1 0 650 650
Total 6541 2343 1822 350-1000 585
Source: San Rafael Community Development Department CRW Land Trak and address files, April 2009
San Rafael’s second unit regulations allow second unit parcels with a minimum lot size of 5,000
square feet and require owner occupancy of the principal or second unit. The floor area of the
second unit must be at least 500 feet but can be up to 40 percent of the gross square footage of
the principal dwelling. The maximum size (assuming the 40% limit) is 800 square feet, unless a
Use Permit is granted, which can allow a maximum size of 1,000 square feet. If added to a
principal single-family unit, the height limit is 30 feet. If located in a detached accessory building,
the height limit is 15 feet unless a Use Permit is granted. Studios and 1-bedroom units require
one parking space; 2-bedroom units require two spaces. Parking may be uncovered, and, under
certain circumstances, may be tandem. The second unit must have a separate entrance from the
principal unit and cannot be located on the same side as the front entrance of the principal unit.
Second units must comply with design guidelines. In particular, a second unit must maintain
design consistency with the existing structure so that the architectural detailing, window style,
roof slope, building materials and exterior colors are similar.
The type of permit and level of review required for a second unit depends upon the size, height,
and location of the second unit. If the second unit is located on the ground floor of the principal
unit, meets the standards discussed above, and conforms to setbacks, only a building permit, with
plans checked by the Planning and Building Divisions, is required. An Environmental and Design
Review Permit is required for a second unit that (1) exceeds 500 square feet and is located above
the ground floor of the principal unit, or (2) is located above the ground floor of a detached
accessory building, or (3) is located in a detached accessory building that does not meet required
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-6
Housing Constraints
side or rear setbacks. A Use Permit is required for a second unit that is in an accessory building
that does not meet therequired side or rear setbacks required for the primary structure,or is
above 15 feet in height, or is greater than 800 square feet in size.
In 2008, there were 10,872 single-family homes in San Rafael; approximately 8,700 are on lots
that meet the minimum lot size requirement of 5,000 sq. ft. Current and future market conditions
are also expected to have an impact on second unit construction. The high demand for affordable
apartments, coupled with poor economic conditions that compel many homeowners to look for
additional sources of income, may spur an increase in second unit development. Although the
depressed economy had a negative impact on current construction, changing demographics, as
described earlier in this Element, are creating an increase in long-term demand for “granny” units
for aging parents (in 20100, over 1,700613 seniors people over 65 lived alone in their homes).
In the fall of 2008, the City of San Rafael conducted a survey of 121 property owners of approved
second units. The results of the 2008, 2001 and 1990 surveys are shown in Table B2.4Exhibit RR
below. The 2008 survey revealed that an overwhelming majority of second units are one-bedroom
or studio units with one resident. An analysis of the rent levels demonstrates that second units
are affordable to very low and low income households, and support the assumption made that a
significant proportion of new, second unit production will be affordable to very low and low
income households.
Table B2.4:Exhibit RR: Survey of Second Units (Results from 1990, 2001, and 2008 Surveys)
1990 Survey % 2001 Survey % 2008 Survey %
Number of Approved Second Units 32 - 74 - 121 -
Number of Survey Responses 20 63% 30 41% 41 34%
Number of Units Occupied 17 85% 23 77% 30 73%
Number of Renter-Occupied Units NA - 22 96% 26 87%
Number of Owner-Occupied Units NA - 1 4% 4 13%
Number of Studio Units 2 12% 3 11% 8 21%¹
Number of One-Bedroom Units 13 76% 23 82% 27 71%¹
Number of Two-Bedroom Units 2 12% 2 7% 3 8%¹
Number of Units with One Resident NA - 18 78% 24 80%
Number of Units with Two Residents NA - 5 22% 6 20%
Range of Unit Sizes NA - NA - 300-1,300 sq ft -
Average Size of Units NA - NA - 676 sq. ft. -
Affordable to Very Low and
Low Income Households
NA 82% NA 46% NA 100%²
Affordable to Extremely Low NA - NA - 12 39%²
Affordable to Very Low NA - NA - 5 16%²
Affordable to Low NA - NA - 14 45%²
Affordable to Moderate Income NA 18% NA 13% 0 0%²
Affordable to Above Moderate Income NA 0% NA 41% 0 0%²
Range of Rents $0 - 875 - $0 - 1,895 - $0 - 1,550 -
Average Rent $504 - $905 - $707 -
Range of Estimated Incomes $16,000 - 30,000 - $16,000 - 62,901+ - NA -
Source: City of San Rafael Community Development Department, 2009
¹ Based on 38 units (occupied and unoccupied)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-7
Housing Constraints
² Based on 31 units reporting rental amounts
San Rafael has continuously promoted second units as a housing option. Efforts have included
providing a comprehensive handout explaining the second-unit process, posting information
about second units on the City’s website, promoting the second unit program through the San
Rafael Focus City newsletter, offering staff consultation for adding or legalizing a second unit,
holding workshops to educate homeowners about the process to add a second unit, and pursuing
an amnesty program for legalization of illegal second units. In addition, San Rafael staff worked
with local utility agencies to reduce fees for water and sewer service for second units, and in 2012
the City adopted a Citywide Traffic mitigation fee amendment to waive the traffic mitigation fee
for second units.
Housing ElementGeneral Plan pProgram H-16s includes continuing to promote and publicize
second units through departmental handouts and the City’s website. In addition, a new program
has been added to the Element (H-11b) to evaluate appropriate zoning regulations to support in
the creation of "Junior Second Units." Such units would be created through the repurposing of
existing space within a single-family dwelling to create a semi-private living situation for a renter
or caregiver in conjunction with the owner-occupied unit. Junior second units would be required
to have exterior access, and meet the U.S. Census definition of a housing unit to qualify for credit
towards the City's regional housing needs (RHNA).
Through public review of the Second Dwelling Units Progress Report 2009, three new
implementing programs are proposed: to waive or reduce city fees and/or parking requirements
(H-25d), to waive required fees to reduce second dwelling unit costs (H-25e), and to develop stock
plans appropriate for second units in San Rafael neighborhoods (H-25f).
3. Provision for a Variety of Housing Types
Housing element law specifies that jurisdictions must identify adequate sites to be made available
through appropriate zoning and development standards to encourage the development of various
types of housing for all economic segments of the population. This includes single-family homes,
multi-family housing, mobile homes, emergency shelters and transitional housing, among others.
The Tables below summarize the variety of housing types permitted within residential,
commercial, public/quasi-public, and certain industrial districts.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-8
Housing Constraints
Table B2.5 : Permitted Housing Types by Zoning District
Tables Excerpted from Page 350 of Epilogue, with minor updates
Type of Land Use R DR MR HR PD
Single-family residential P P P P C
Duplex residential P P P C
Multifamily residential P P C
Residential care facilities, handicapped
Small (0-6 residents) P P P P C
Large (7 or more residents) P P P P C
Residential care facilities, other
Small (0-6 residents) P P P P C
Large (7 or more residents) C C
Second dwelling units (800 sf or less) P P P P P
Second dwelling units (800+ sf) C C C C C
Boardinghouse, SRO C C C
Emergency Shelters for the homeless
Permanent C
Temporary or rotating C C C C C
Type of Land Use GC NC O C/O R/O FBWC*
Single-family residential C
Duplex residential C
Multifamily residential A C P A P A
Live/work quarters A A A A A A
Residential care facilities, handicapped
Small (0-6 residents) P P P P P P
Large (7 or more residents) P P P P P P
Residential care facilities, other
Small (0--6 residents) P P P P P P
Large (7 or more residents) C C C C C C
Boardinghouse, SRO A C A A A A
Emergency Shelters for the homeless
Permanent P/C C C
Temporary or rotating C C C C C C
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-9
Housing Constraints
Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O
Duplex residential P P
Multifamily residential A A A A A A P
Live/work quarters A A A A A A A
Residential care facilities, handicapped
Small (0--6 residents) P P P P P P P
Large (7 or more residents) P P P P P P P
Residential care facilities, other
Small (0--6 residents) P P P P P P P
Large (7 or more residents) C C C C C C C
Boardinghouse, SRO A A A A A A A
Emergency Shelters for the homeless
Temporary or rotating C C C C C C C
Types of Land Use I LI/O CCI/O LMU M PQP
Live/work Quarters A A A
Caretaker’s residence CZ CZ CZ CZ CZ
Emergency Shelters for the homeless
Permanent C P/C C C C
Temporary or rotating C C C C C
Single-family residential C
Duplex residential C
Multifamily residential A C
Residential care facilities, handicapped
Small (0--6 residents) P P
Large (7 or more residents) P P
Residential care facilities, other
Small (0--6 residents) P P
Large (7 or more residents) C C
Boardinghouse, SRO C A
Note: Consistent with SB 2, transitional and supportive housing are treated as a residential use and only subject to
those restrictions that apply to other residential uses of the same type in the same zone.
P = Permitted by Right A = Administrative Use Permit C = Conditional Use Permit Blank = Not Allowed
Zoning District Key
R: Single-family
DR: Duplex Residential
MR: Multifamily Medium Density
HR: Multifamily High Density
PD: Planned Development District
GC: General Commercial
NC: Neighborhood Commercial
O: Office
C/O: Commercial/Office
R/O: Residential Office
FBWC: Francisco Boulevard West Commercial
4SRC: Fourth Street Retail Core
HO: Hetherton Office
CSMU: Cross Street Mixed Use
2/3 MUE: Second/Third Mixed Use East
2/3 MUW: Second/Third Mixed Use West
WEV: West End Village
5/M R/O: Fifth/Mission Residential/Office
I: Industrial
LI/O: Light Industrial Office
CCI/O: Core Canal Industrial/Office
LMU: Lindaro Mixed Use
M: Marine
P/QP:Public/Quasi-Public
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-10
Housing Constraints
3.4. Housing for Persons with Disabilities
(Excerpt from Epilogue page 337-338)
Chapter 671, Statutes of 2001 (Senate Bill 520) requires localities to analyze potential and actual
constraints upon the development, maintenance and improvement of housing for persons with
disabilities and to demonstrate local efforts to remove governmental constraints which hinder
the locality from meeting the housing needs for persons with disabilities. The City has
mechanisms, either through the variance or exceptions process, to modify standards to
accommodate persons living with special needs. The City will continue to conduct a periodic
evaluation of its zoning ordinance and other policies to identify and eliminate potential barriers
to the construction of housing for people with disabilities (see ProgramPolicy H-9b13).
San Rafael has adoptedprovides reasonable accommodation procedures for persons with
disabilities with respect to zoning, permit-processing and building laws, and makes this
information available to the public/ The City does not restrict the siting of group homes nor
require a minimum distance between group homes. As indicated in Table B2,5, residential care
facilities for persons with handicaps, regardless of size, Group homes with six or fewer occupants
are permitted by right in all residential and commercial zones (with the exception of the Planned
Development Zone where they are conditionally permitted),single family homes. and the City
does not have any occupancy standards in the zoning code that apply specifically to unrelated
adults. Other (non-handicapped) residential care facilities with six or fewer than six persons are
similarly permitted in all residential and commercial zones (except the PD zone), Group homes
with facilities over six persons are allowed in multi-family and PDall residential districts and
commercial districts with a Use Permit. The Use Permit approval process for a group home is the
same as for any other residential development; it requires public notice and approval by the
zoning administrator or a public hearing and approval by the Planning Commission. For a detailed
description of this permitting process, see the discussion on Governmental Constraints and
Opportunities.
People living with disabilities who are on fixed incomes may require a wide range of housing
options depending on the type and severity of their disability, as well as their personal preference
and life-style. Some of the types of considerations and accommodations that are important in
serving this need group include: on-site services, mixed income diversity, proximity to services
and transit, group living opportunities and housing designed ‘barrier-free’ with accessibility
modifications. Examples of affordable projects with disabled housing in San Rafael include the 11-
unit low income Ecology House (opened in 1994), which is a national model for people with
environmental sensitivities.
The City’s zoning code has been determined to be in compliance with the Americans with
Disabilities Act. San Rafael allows displacement of required on-site parking if it is to accommodate
ADA accessibility facilities (ramps, etc.) and offers reduced parking standards for any
development, including housing for the disabled, wherever reduced need can be demonstrated.
The Building Department administers Title 24 provisions consistently for all disabilities-related
construction and responds to complaints regarding any violations.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-11
Housing Constraints
4.5. Transitional and Supportive Housing
SB 2, effective January 2008, amended Housing Element law regarding planning and approval for
transitional and supportive housing. Specifically, SB 2 requires transitional and supportive housing
to be treated as a residential use and only subject to those restrictions that apply to other
residential uses of the same type in the same zone. For example, if the transitional housing is a
multi-family use proposed in a multi-family zone, then zoning should treat the transitional housing
the same as other multifamily uses in the proposed zone
Transitional housing is temporary housing (generally six months to two years) for a homeless
individual or family transitioning to permanent housing. Residents are also provided with one-on-
one case management, education and training, employment assistance, mental and physical
services, and support groups. Transitional housing can take several forms, including group
housing or multi-family units. The Housing Needs Assessment Appendix (Table B1.18) identifies
240 units of transitional housing in San Rafael, including housing facilities operated by Center for
Domestic Peace, Homeward Bound of Marin and Center Point. Consistent with SB 2, the City has
added the following definition to Section 14.03.030 of the Municipal Code and treats transitional
housing as a residential use of property subject only to those restrictions that apply to other
residential uses of the same type in the same zone:
"Transitional housing" and "transitional housing development" mean rental housing
developments as defined under State Health and Safety Code Section 50675.2; i.e.
buildings configured as rental housing developments, but operated under program
requirements that call for the termination of assistance and recirculation of the assisted
units to another eligible program recipient at some predtermined future point in time,
which shall be no less than six months.
Supportive housing is permanent, affordable housing, with no limit on the length of stay, occupied
by the target population (persons with disabilities, AIDS, substance abuse, or chronic health
conditions) and linked to services to allow residents to live independently. The Housing Element
Needs Assessment (Table B1.18) identifies 119 supportive housing units in San Rafael, including
three facilities operated by Homeward Bound of Marin, and a small facility operated by St. Vincent
DePaul Society and another small facility operated by the Marin Housing Authority. Similar to
transitional housing, supportive housing can take several forms, and thus the City has added the
following definition to the Municipal Code and treats supportive housing as a residential use of
property subject only to those restrictions that apply to other residential uses of the same type in
the same zone:
"Supportive housing" means housing as defined under State Health and Safety Code (HSC)
Section 50675.14(b);i.e. with no limit on length of stay, that is occupied by the target
population as defined in HSC subdivision(d) of Section 53260 (i.e. adults with low-income
having one or more disabilities including mental illness, HIV or AIDS, substance abuse or
other chronic health conditions, or individuals eligible for services provided for under the
Lanterman Development Disabilities Services Act Division 4.5, commencing with Section
4500 of the Welfare and Institutions Code and may include, among other populations,
families with children, elderly persons, young adults aging out of the foster care system,
individuals exiting institutional settings, veterans, or homeless people) and that is linked
to on- or off-site services that assist the supportive housing residents in retaining the
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-12
Housing Constraints
housing, improving his or her health status, and maximizing his or her ability to live and,
when possible, work in the community.
5.6. Emergency Shelters
Emergency shelters are defined in California’s Health and Safety Code Section 50801(e) as housing
with minimal supportive services for homeless persons that is limited to occupancy of six months
or less by a homeless person. No individual or household may be denied emergency shelter
because of an inability to pay.
SB 2 also requires the Housing Element address new planning and approval requirements for
emergency shelters. Jurisdictions with an unmet need for emergency shelters for the homeless
are required to identify a zone(s) where emergency shelters will be allowed as a permitted use
without a conditional use or other discretionary permit. The identified zone must have sufficient
capacity to accommodate the shelter need, and at a minimum provide capacity for at least one
year-round shelter. Permit processing, development and management standards for emergency
shelters must be objective and facilitate the development of, or conversion to, emergency
shelters.
As indicated in the tables at the beginning of this section, emergency shelters, both permanent
and temporary (seasonal shelters, up to six months) are permitted with a use permit in many of
San Rafael’s zoning districts. The City is home to two permanent emergency shelters - Family
Center and Mill Street Center - providing a capacity for 82 shelter beds. Even with these
shelters, however, the 2013 Marin Point in Time Homeless Count identifies as unmet need for
175 emergency shelter beds in San Rafael.8
Consistent with SB 2, and as identified in the City's 2009-2014 Housing Element, in June 2014 the
City adopted amendments to the Municipal Code to allow emergency shelters as of right in the
GC and LI/O zoning districts in a 70-acre area south of Bellam and east of Highway 580 (as
delineated on Map 14.16.115 in the Municipal Code)9. This area is characterized by the County of
Marin Wellness Center, single-story light industrial or office buildings. The area is served by
Golden Gate transit routes 40 and 42. Existing land use includes single-story light industrial and/or
office buildings. There are a number of currently-vacant buildings. Similar to a hotel or single-
room occupancy use, density requirements will not apply. San Rafael’s current homeless shelter
facilities, provide shelter for 55 people at the Mill Street Center, and nine families (approximately
27 people) at the Family Center.
Section 14.16.115 "Emergency shelters - permanent" has been added to the San Rafael Municipal
Code and establishes the following objective standards to regulate emergency shelters as
permitted under SB 2:
8 The 2013 Marin Point in Time Homeless Count occurred on a day when up to 40 homeless men and 20 homeless
women participating in the countywide Rotating Emergency Shelter Team (REST) winter shelter program were receiving
meals in San Rafael, and were thus attributed to the City's count of unsheltered homeless.
9 The City's Ordinance permits shelters by right within the designated area up to the total need for shelter beds
identified in the Housing Element, with any additional facilities subject to a conditional use permit.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-13
Housing Constraints
On-site management and on-site security shall be provided during hours when the
emergency shelter is in operation.
Adequate exterior lighting shall be provided for security purposes (i.e., one foot-
candle at all doors and entryways and one-half foot-candle at walkways and parking
lots). The lighting shall be stationary, directed away from adjacent properties and
public rights-of-way, and of intensity compatible with the surrounding area.
The development may provide one or more of the following specific common facilities
for the exclusive use of the residents and staff:
-Central cooking and dining room(s)
-Recreation room
-Counseling center
-Child care facilities
-Other support services
Parking and outdoor facilities shall be designed to provide security for residents,
visitors, employees and the surrounding area, and consistent with the requirements
of Section 14.18.040 (Parking Requirements).
A refuse storage area shall be provided that is completely enclosed with masonry
walls not less than five feet high with a solid-gated opening and that is large enough
to accommodate a standard-sized trash bin adequate for use on the parcel, or other
enclosures as approved by the review authority. The refuse enclosure shall be
accessible to refuse collection vehicles.
The agency or organization operating the shelter shall comply with the following
requirements:
-Shelter shall be available to residents for no more than six months. No
individual or household may be denied emergency shelter because of an
inability to pay.
-Staff and services shall be provided to assist residents to obtain
permanent shelter and income.
-The provider shall have a written management plan including, as
applicable, provisions for staff training, neighborhood outreach,
security, screening of residents to ensure compatibility with services
provided at the facility, and for training, counseling, and treatment
programs for residents.
No emergency shelter shall be located within three hundred feet (300') of another
emergency shelter; unless permitted through review and approval of a conditional
use permit where it is determined that the additional shelter location is appropriate
and necessary to serve the intended population and would not result in an over-
concentration in the community.
The facility shall be in, and shall maintain at all times, good standing with town and/or
state licenses, if required by these agencies for the owner(s), operator(s), and/or staff
of the proposed facility.
The maximum number of beds or clients permitted to be served (eating, showering
and/or spending the night) nightly shall comply with the occupancy limit established
by the building code.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-14
Housing Constraints
6.7. Building Code
San Rafael uses the 2013 California Building Code (based on the International Building Code,
2012), Uniform Building Code (UBC), which sets minimum standards for residential development
and all other structures. The standards may add material and labor costs but are felt to be
necessary minimums for the safety of those occupying the structures. Modification of the code,
in order to reduce the cost of housing, would not be appropriate if it affects safety or adversely
impacts neighboring properties.
The City’s zoning code has been determined to be in compliance with the Americans with
Disabilities Act. San Rafael allows displacement of required on-site parking if it is to accommodate
ADA accessibility facilities (ramps, etc.) and offers reduced parking standards for any
development, including housing for the disabled, wherever reduced need can be demonstrated.
The Building Department administers Title 24 provisions consistently for all disability related
construction and responds to complaints regarding any violations.
The City has made several amendments to the Code applicable to residences, requiring fire
sprinklers in all buildings and Class A fire-retardant roofs for fire protection. Due to the prolonged
dry season and the City’s topography, these are warranted upgrades. The City’s sewer, storm
drain, and other engineering standards conform to Marin County standards, and the City requires
only minimum road widths and improvements in new developments. On-site drainage and
frontage improvements are required for residential development where they do not exist. Costs
vary depending on the size of the lots.
The City enforces energy conservation standards enacted by the State. The standards may
increase construction costs but over time will result in energy savings. San Rafael also has a very
active Code Enforcement program intended to respond to code violations and the early stages of
deterioration. The program requires remedial actions or abatement to maintain the safety of
housing units.
7.8. Local Processing and Permit Procedures
Like all local jurisdictions, the City of San Rafael has procedures and regulations for project review
and approval. The following is an analysis of the permit approval process for residential
development in San Rafael. All properties with residential land use designations have
corresponding zoning; accordingly the rezoning process is not assessed in this analysis. Similarly,
almost all of the remaining residentially zoned properties are infill lots, and subdivision is not an
issue.
The exhibit below outlines the types of permits required for housing development in San Rafael.
Typically, a single discretionary permit is required to develop single-family and multifamily
housing in San Rafael: the Design Review Permit. In addition, for housing units in a commercial
district, an Administrative Use Permit is required; the permit specifies performance standards to
ensure compatibility of use given the surrounding non-residential land uses and to mitigate
potential conflicts or nuisances. Not listed below are permits required in unusual circumstances,
such as a substandard lot size, when a Variance application may be required. In addition, San
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-15
Housing Constraints
Rafael has an exception process that grants minor adjustments to certain zoning standards, such
as height.
Table B2.6: Exhibit SS: Planning Permits for Housing Development
Type of Permit
Level of
Review
Type of
Development Review
Design Review,
Administrative
Staff Flag lot homes Design Review Board (if needed), addresses
access and visibility issues
Design Review,
Minor
Zoning
Administrator
Hillside homes Design Review Board (if needed), addresses
environmental and design compatibitility issues
Design Review,
Major
Planning
Commission
Ridgeline
homes, 3+ units,
some 2nd units
Design Review Board, addresses environmental
and design compatibility issues
Use Permit,
Administrative
Staff Mixed Use
residential,
most districts
Zoning standards address design and
compatibility issues for development in
commercial and industrial areas
Use Permit Planning
Commission
Some 2nd units Zoning standards address design and
compatibility issues for large or two-story 2nd
units
Planned District
Zoning
City Council Development
on lots five
acres or larger
in size
Planning Commission, to encourage cluster
development to avoid sensitive areas and to
encourage innovative design by allowing
flexibility in property development standards.
Source: San Rafael Community Development Department, 2014.
During project review, San Rafael follows procedures set forth in the California Environmental
Quality Act (CEQA) and Guidelines. Thus, processing time for single-family or multifamily projects
is dependent on whether a project is categorically exempt (no environmental review necessary),
or if a Negative Declaration (Neg Dec) or an Environmental Impact Report (EIR) is required.
Hillside sites are more expensive to develop due to known geotechnical and access problems.
Environmental protection requirements, including protection of endangered species, tree
removal, habitat loss, etc. may add significant time to the development process and additional
cost where it is necessary to evaluate the effects of the project and mitigate adverse impacts.
Fees charged by the City for CEQA processing cover the City’s processing costs.
CEQA Section 15332 (“Infill Development Projects”) allows San Rafael to categorically exempt infill
development consistent with the San Rafael General Plan and Zoning requirements from CEQA
review. Other agencies, such as the MMWD, the Bay Area Air Quality Management District and
the Regional Water Quality Control Board, also influence the processing time of environmental
documents.
In response to concerns that the permit process was a constraint, a number of changes have been
made:
1. In 1989, the City approved a “Neighborhood Meeting Procedure” intended to formalize
early meetings with neighborhood groups. (See description below.)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-16
Housing Constraints
2. In San Rafael, planning permits (i.e., design review, administrative use permit and
variance) are processed concurrently at the discretion of the applicant.
3. An interdepartmental permit review committee, the Development Coordinating
Committee, meets biweekly to discuss upcoming applications, identify potential issues
and provide feedback on mitigation options.
4. Application handouts and checklists to help applicants understand departmental
procedures and requirements.
5. San Rafael instituted expanded, more comprehensive (notice to renters and owners),
and more timely (15 day notice) notice about development proposals, to facilitate early
dialogue between neighbors and developers, as well as to ensure full awareness about
proposed changes.
6. Second unit approval process was streamlined, consistent with State law, to provide for
ministerial rather than discretionary review.
7. Reduced the level of planning permit review required for the addition of units to the
single-family, duplex and multi-family residences.
6.8. Eliminated the Design Review Permit requirement for one story duplexes and the
conversion of existing single-family structures to duplexes.
a. Neighborhood Meeting
In 1989, the City approved a “Neighborhood Meeting Procedure” to formalize early meetings with
neighborhood groups and reduce delays caused by concerns raised during the public hearings,
which occur late in the review process. The neighborhood meeting is held as part of the project
review and is not an additional separate or early step in the review process. The neighborhood
meeting is scheduled before the first public hearing during staff’s initial review of the project
application. The drawings for the neighborhood meeting are the same required for the design
review permit.
By encouraging requiring developers of larger projects to meet with neighbors early in the review
process, both developers and neighbors can learn about local concerns and suggestions for
improvements. The meetings are open to the public, and interested parties such as housing
advocates typically attend. The project planner attends to provide information as needed about
the review and approval process.
In addition to the neighborhood meeting comments, applicants will receive early feedback
through the concurrent ‘conceptual review’ provided by the Design Review Board (see below).
This procedure has proven successful in streamlining the permitting timeframe by enabling early
identification of issues and better communication between the developer and neighbors, and in
identifying key project issues and appropriate project modifications that reduce the time in
processing an application through the public hearing process. San Rafael’s housing specialist
reports that since the drawings have to be prepared for design review, there is no added cost, and
that developers appreciate knowing about the issues at the beginning of project review.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-17
Housing Constraints
In the past several five years, the following projects benefitted from the early neighborhood
meeting:
Table B2.7: Neighborhood Meetings in Projects
Project Submitted Approved Neighborhood Issues
33 San Pablo
Ave
93 units 82 units Parking, access, density, bulk and mass, traffic. Although the
Design Review Board recommended a less bulky design with
a subsequent reduction in units, the project density
remained above the allowable density, qualifying as a
density bonus project and reduced parking requirements.
Loch Lomond
Marina
84 units 81 units Traffic, parking, neighborhood commercial viability, views,
public access, marina green design, wetland protection.
Neighbors advocated for 36 single-family homes; approved
project had a mix of housing types. Project size reduced by
three units because of wetland protection policies.
1203-1211
Lincoln Ave
32 units 36 units Parking, access, design, traffic, loss of views, privacy, loss of
affordable housing, setbacks. Planning Commission asked
for more density; project was a density bonus project with
reduced parking requirements. After design changes to
address concerns, near unanimous support by neighbors.
524 Mission
Ave
20 units
(upzoning
requested)
15 units
(without
rezoning)
Street tree preservation. Early dialogue with the neighbors
resulted in near unanimous support for the project, which
was at the high end of the allowable density.
Typically during a neighborhood meeting, some neighbors will speak in support of a project, using
the meeting to speak about the importance of affordable housing, and how new development is
needed in San Rafael to provide housing opportunities.
The neighborhood meeting together with the conceptual design review does not add time or
effort to a developer. They provide an opportunity for an applicant to hear early feedback from
the Design Review Board (for conceptual review) or the public (for neighborhood meeting). Since
these meetings are completed early in the review process, an applicant will receive timely
comments before having developed detailed plans and materials. Incorporating changes to
address early comments is not as costly as when the feedback occurs at the public hearing. By the
time of the public hearings, the applicant and neighbors are familiar with the issues and planning
details.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-18
Housing Constraints
b. Design Review Permit
Design review permits implement General Plan policies by guiding the location, functions and
appearance of development to respect and protect the natural environment and assure that
development is harmoniously integrated with the existing qualities of the city – to ensure a "fit"
with the community. Design Review requirements provide an opportunity for design issues to be
raised early in the discretionary review process, thus helping to assure community acceptance of
a project proposal, which can reduce delay due to project appeals and other forms of community
objections. It is important that a new project will blend with the community, and become a natural
and integral part of the existing neighborhood fabric, both visually and structurally. In a city where
every project will have an impact on a neighbor, discretion is needed to ensure that projects are
adjusted where possible to minimize adverse effects. In San Rafael, design guidelines have proven
to be helpful in designing new housing.
There are three types of design review permits:
Administrative Design Review permit approved by the Community Development Director or
designated staff. The Community Development Director may refer an application to the
Design Review Board for recommendations if needed.
Minor Design Review permit, approved by the Zoning Administrator. Minor improvements,
such as a single-family house, are reviewed at this level, and may involve review by the Design
Review Board for recommendations.
Major Design Review permit, approved by the Planning Commission. Major physical
improvements, such as subdivisions and multifamily development, are first reviewed by the
Design Review Board (which is an advisory body) and then by the Planning Commission. The
Planning Commission grants Design Review Permits after a public hearing. The Planning
Commission’s action may be appealed to the City Council. The City Council considers appeals
from Planning Commission actions at public hearings.
The Design Review process elements and timeline is typically two to eight months, depending on
the size of the project and the type of permit, as outlined below.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-19
Housing Constraints
Table B2.8: Exhibit TT: Design Review Process Elements and Timeline
Task Time
Conceptual Review
Project applicants for a major design review hold a neighborhood meeting and meet for
conceptual review with the Design Review Board.
30 days
Application Filed
Project sponsor submits completed application plans forms, supporting documents and fees.
Plans consist of architectural drawings at the schematic level, landscape drawings and grading
plans. A geotechnical analysis and/or traffic report may be required as supporting documents.
1 day
Completeness Review
Staff reviews application and circulates plans to City departments to determine whether
additional information is required, and for recommended conditions of approval.
3015 days
Completeness Notice
Notice sent to sponsor advising that project is complete or is incomplete and additional
information is required.
1 day
Follow-Up Submittal
If the application has been determined to be incomplete, the sponsor will submit follow -up
information as requested. The time to complete this task is determined by the project sponsor.
If the application was found to be complete, this task is skipped.
Varies
Environmental Review
The application is reviewed to determine whether the project is exempt from CEQA or if an
Initial Study is required. Most projects are found to be exempt. If a Negative Declaration is
prepared, environmental review can take the full 6 months allowed by law.
1 day to
6 months
Staff Report
A detailed evaluation is conducted and a staff report is prepared. 30 days
Public Hearing
A public notice is sent 150 days (if exempt) before the hearing to property owners within 300
feet of the project site. The Planning Commission conducts a hearing and takes action to
approve or deny the project.
150 days
Source: City of San Rafael Community Development Department
Costs – In order to give meaningful input to a developer, the Design Review Permit requires
project plan review. The City’s design review submittal requirements do not differ significantly
from other communities’ requirement for design review plans. Design review and the resulting
quality of development that is an improvement to the community is viewed as an investment of
cost worthwhile and not seen as a constraint on development.
Timing – In addition to the process improvements described above, the Community Development
Department has taken the following steps to improve the design review process:
1. In 2004, various design guideline documents developed over the past 25 years were
consolidated into a single set of design guidelines. San Rafael does not require preoscriptive
design standards, allowing instead for creative design approaches and solutions, such as a
triplex BMR built in a high-end single-family subdivision. San Rafael’s design guidelines cover
site design, architecture, and landscape design. The majority of San Rafael’s design standards
relates to the design and placement of architectural and site features and does not add to the
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-20
Housing Constraints
cost of building and development. Other design standards, such as the requirement to
underground utility connections, provide screening of refuse areas, design units that are
accessible to the disabled, and use high-quality building materials may add to development
and material costs. These guidelines are invaluable in streamlining the site and building
design process, and in helping designers understand the design intent of the community.
2. Optional “Initial consultation” between an applicant and panning staff for an informal staff
review so that an applicant may be informed of design review board issues prior to preparing
working drawings. (Modest fee of $1,000).
3. “Conceptual review” before the design review board on the conceptual design approach.
(Modest fee of $1,500). Conceptual review is required for major project, and focuses on the
conceptual design approach, giving both the design review board and the applicant the
opportunity to work together to achieve a quality design. During the review (one session), the
board identifies and discusses relevant issues and indicates the appropriateness of the design
approach. Generally, any project subject to a neighborhood meeting is also subject to
conceptual review. The neighborhood meeting is a chance for the developer to present a
proposed project to the neighbors and answer questions and receive feedback, and the
conceptual review is an opportunity for the applicant to hear preliminary design feedback
from the Design Review Board.
c. Administrative Use Permit
An administrative use permit, with specific performance standards, is required for residential uses
in commercial districts to “ensure that residential uses in commercial districts are not adversely
impacted by adjacent uses.” The cost is modest as the review is restricted to nine specific criteria
related to noise, refuse location, boarding houses, live/work, etc. The review is processed
concurrently with the design review permit.
The permit has not been a hindrance to mixed use development, as demonstrated by the track
record: three projects in Downtown with 146 units were built 2000-2010. However, with
increased expertise in understanding potential issues that can be addressed through the design
review permit, a new general plan program is proposed to consider deleting the requirement for
an administrative use permit for residential uses in mixed-use development in Downtown zoning
districts.
d. Planning Permit for Certain Second Units
The City modified its Second Dwelling Unit Development Standards and Procedures, consistent
with State law (AB 1866), to eliminate the requirement for Use Permit applications for second
units. Processing time is now typically less than a week for a second dwelling unit permit. In limited
circumstances, for second units between 800 and 1,000 square feet, or located in a detached
accessory building within required side or rear setbacks, or above 15 feet in height, a use permit
or a design review permit from the Planning Commission is required to determine compatibility
with adjacent residential structures. (For more information about second units, see discussion
above.)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-21
Housing Constraints
e. Planned Development Zoning
A general plan program requires ‘Planned Development” zoning for lots larger than five acres.
This zoning provides site design flexibility in that there are no zoning setbacks, etc.; the
development must only be consistent with general plan policies. This long-standing program has
proven instrumental in successful master planning of large sites in San Rafael; PD zoning is
processed concurrently with other development review permits.
8.9. Project Selection Process
To properly manage traffic capacity in a way that best serves the City’s health, safety, and welfare,
and consistent with state law requirements, General Plan policy C-5, Traffic Levels of Service
Standards, includes specific standards for traffic levels of service. To effectively manage these
levels of service while also promoting smart growth within the city, San Rafael developed several
mechanisms by which traffic capacity is regulated and infrastructure limitations are mitigated.
In 1988, the City initiated the Priority Project Procedure (PPP), which allocated traffic capacity to
proposed development projects based on traffic impact, community need, and available
infrastructure for projects affecting in certain traffic-impacted areas, including the interchanges
at I-580/Highway 101/Bellam Ave., Lucas Valley Road/Smith Ranch Road/Highway 101, and
Freitas Parkway/Highway 101. Under General Plan 2000, affordable housing projects with a
minimum of 15 percent affordable units are among the types of projects that were given priority
in the identified traffic-impacted areas. In addition, a limited number of bonus trip allocations
were reserved for projects providing a significant amount of affordable housing. From 1988-2000,
under the PPP program, over 600 housing units went through the development process and were
built in the affected areas (North and East San Rafael) resulting in the creation of over 92
affordable units.
In adopting the General Plan 2020 (2004), the PPP was re-named as the Project Selection Process
(PSP). The PSP was allied citywide and continued to be implemented by the City as a tool for
prioritizing new development projects. However, by 2011, the purpose and importance of the PSP
diminished and the process was eliminated because: a) the community is now largely built-out
and there are very few remaining land development opportunities: and b) the limited traffic
capacity has been used up or needed transportation improvements have been implemented.
In summary, the Housing Element includes the following programs to address issues related to
processing and permit procedures:
Program H-14c. Continue to Implement Zoning Provisions to Encourage Mixed Use
Program H-17c. Waiver or Reduction of Fees
Program H-17d. Efficient Project Review
9.10. Affordable Housing (Inclusionary Housing) Requirement
The City of San Rafael, in 1980, adopted a voluntary inclusionary requirement. The 1985 Housing
Element included a mandatory inclusionary requirement, and in 1988, the City adopted a
comprehensive requirement that market rate units contribute to the development of affordable
housing (“inclusionary housing”). This program resulted in the development of 619 deed-
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-22
Housing Constraints
restricted affordable units (City of San Rafael Community Development Department, 2009). The
inclusionary program has been one of the City’s most successful programs in creating permanent
affordable housing.
Some members of the development community have stated that the affordable units have to be
“subsidized” by the market rate units, which results in higher prices for the market rate units, and
thus act as a constraint on the development of housing. However, no data has been presented
showing this to be the case in San Rafael. Further, the City’s housing studies indicate that the
main determinant on the cost of housing in San Rafael, as well as elsewhere in Marin, continues
to be the price that the market is willing to pay. In addition, affordable units have some economic
benefit to the property owner/developer, despite their restricted return:
1) The current moderate incomeaverage BMR-restricted sales price ($274,50025,000, 2
bedroom unit) exceeds the per-unit cost of development in San Rafael.
2) Through application of State Density Bonus requirements, the affordable housing
requirements for larger projects will actually create more market rate units than would
otherwise be allowed under San Rafael’s development and zoning schemes, thus further
reducing any purported “subsidy.”
In San Rafael, a project with 20 or more units must have at least 20 percent affordable units. For
example, a 20-unit project would have to have four affordable units, thereby automatically
qualifying for the State density bonus, which would allow an additional 5 market rate units. Under
the City’s inclusionary program, additional density bonuses are also available to any developer
that agrees to dedicate affordable units above the minimum requirements of the Ordinance.
San Rafael is not unique in requiring developers of market rate housing to participate in
addressing the affordable housing dilemma. The County of Marin and the Cities of Novato, Corte
Madera, San Anselmo, Mill Valley, Fairfax, Larkspur, and Tiburon have all adopted inclusionary
housing programs. A 2006 survey of inclusionary housing by California Coalition for Rural Housing
and Non-Profit Housing Association of Northern California found that 170 jurisdictions in the State
(comprising about one-third of all jurisdictions) had inclusionary zoning requirements (CCRH,
2007). The record of these jurisdictions, as well as San Rafael itself, indicates that inclusionary
zoning requirements do not act as a constraint on the development of market rate housing and
serves an important public purpose of promoting the development of affordable housing.
San Rafael’s inclusionary ordinance does not apply to the following:
Projects that are the subject of development agreements in effect with the city and
approved prior to the effective date of the City Council ordinance;
Projects where a building permit application has been accepted as complete by the city prior
to the effective date of the city council ordinance; however, any extension or modification
of such approval or permit after such date shall not be exempt;
Any building that is damaged or destroyed by fire or other natural catastrophe if the rebuilt
square footage of the residential portion of the building does not increase upon
reconstruction;
Any residential development project of four (4) or fewer units in a single structure;
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-23
Housing Constraints
Any residential development project of four (4) or fewer units where the square footage of
the floor area of each unit, exclusive of garage, is less than one thousand eight hundred
(1,800) square feet; and
Second units approved by the city of San Rafael pursuant to Section 14.16.285 of the San
Rafael Municipal Code.
In addition, the inclusionary ordinance provides the following flexibility:
In-Lieu Fee Option
Project Design
…Units may be clustered within the residential project when the city determines that such clustering
furthers affordable housing opportunities. The affordable housing units shall be of a similar mix and
type to that of the residential development project as a whole, including, but not limited to:
a. The same or substantially similar mix of unit size (e.g., number of bedrooms, square footage);
[NOTE: developer not required to provide affordable units identical to market-rate units)
b. Compatibility with the design, materials, amenities, and appearance of the other developed units.
[NOTE: developer not required to provide affordable units identical to market-rate units)
Alternative Equivalent Action Option
G. Alternative Equivalent Action. … an alternative equivalent action may include, but is not limited to,
dedication of vacant land, the construction of affordable housing units on another site, or other
actions …
The Housing Element includes a program A General Plan policy is proposed for revision to state
that the inclusionary ordinance will be revised to evaluate its effectiveness and to address legal
issues resulting from Palmer/Sixth Street Properties v. City of Los Angeles (2009) 175 Cal. App. 4th
1396. to conduct a Housing Nexus Study and engage with the local development community and
affordable housing advocates to evaluate the Inclusionary Housing Ordinance and in-lieu fee
requirements for effectiveness in providing affordable housing under current market conditions.
Based on this analysis, the City will amend the Ordinance, as appropriate, to enhance the
Program's effectiveness and consistent with recent court decisions.
In summary, the Housing Element includes the following programs to address issues related to
processing and permit procedures:
(1) Update Housing Design Review Criteria. This program would refine and update the
City’s design guidelines and handouts. Add language to H-3a and H-3b to state that when
updating the guidelines, include a consideration of potential cost impacts.
(2) Delete the Administrative Use Permit for mixed use in Downtown. This new program
would consider deleting the requirement for an administrative use permit for residential uses in
mixed-use development in Downtown zoning districts.
(3) Revise H-4b, Information and Outreach on Housing Issues, to note that information will
be reviewed on an annual basis, and updated as needed.
(4) Add a new program to evaluate the PSP program and consider its elimination.
(5) Revise H-19a, Inclusionary Housing, to evaluate the inclusionary ordinance for
effectiveness in current market conditions, and to amend as necessary for consistency with
the Palmer decision.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-24
Housing Constraints
10.11. Fees and Exactions
Like all cities, San Rafael collects development fees to recover the costs of providing services and
processing applications. When fees are adopted by the City Council, a fee study is provided to
demonstrate that they do not exceed the reasonable cost of providing the service. Most of San
Rafael’s planning permit fees are ‘cost recovery,’ with the initial fee, which covers 80 percent of
the estimated project review cost, required as a deposit. Once the deposit is used, staff time is
charged on an hourly basis. Smaller projects, are charged a modest fixed fee (i.e., $300 for a
second dwelling unit). The types of fees charged by jurisdictions in Marin include are shown in
Table B2.9 (San Rafael fees are shown in bold):
Table B2.9: Types of Fees Charged
Jurisdiction Controlled Fees
Planning and Building Fees Impact Fees
Design Review Affordable Housing
Use Permit Development Impact
Administrative Use Permit (for mixed use) Roads (Traffic Mitigation and Street Maintenance)
Building Permit Storm Water
Plan Check Parkland Dedication (for subdivisions)
Plan Storage Fire
Title 24 Energy Fee Police
Seismic Tax Library
Engineering Plan Check Other Civic Facilities
Engineering Site Inspection
Planning Plan Check
Plumbing
Electrical
Mechanical (including fire sprinklers/alarms)
Crime Prevention
General Plan Surcharge
Database Management
Residential Development Tax
Construction Permits
Sewer Permit, Connection and Inspection
Non-Jurisdiction Controlled Fees
School Impact Fees
Water Fees (including connection, impact, permit and inspection)
Sewer Fees (including connection, impact , permit and inspection)
California Environmental Quality Act review
Source: Marin County Housing Workbook, 2009.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-25
Housing Constraints
One of San Rafael’s highest fees is the traffic mitigation fee. This fee is essential in order to fund
planned circulation improvements necessary to improve safety and relieve congestion during the
time period covered by General Plan 2020. General Plan 2020 projects planned development
citywide through 2020, quantifies necessary transportation improvements, and identifies funding
sources, including the Traffic Mitigation Fee, to pay for those improvements. Traffic mitigation
fees are paid to fund area-wide traffic improvements that enable development to occur within a
safe and acceptable traffic level of service standard. Without this funding, the City would be
unable to fund the infrastructure improvements necessary to support proposed development,
including housing projects, with the result being a significant and unacceptable decrease in the
traffic levels of service identified in the Circulation Element of the General Plan.
Traffic mitigation fees are assessed on development projects that increase morning and afternoon
peak hour traffic, with each project paying a pro-rata share of designated area wide
improvements based on the number of afternoon peak hour trips expected to be generated by
the project. The traffic mitigation fee differs based on the need and cost for traffic improvements
and is adjusted annually.
San Rafael’s traffic mitigation fee falls well within the range of fee costs charged by jurisdictions
across the Bay Area. In a 2009 survey, staff found the following Traffic Mitigation fees (fee per
peak hour trip generated by development) charged by several comparable jurisdictions:
1. County of Marin: $5,315 per pm peak hour trip in the Northgate Activity Center; $4,113
per pm peak hour trip in the West Sir Francis Drake Blvd. area
2. Fairfield: $2,998
3. Mill Valley: $5,000
4. Novato: $7,709
5. Palo Alto: $2,861
6. Petaluma: $15,877
7. Pleasanton: $4,218
8. San Rafael: $8,492 for a single-family home (Previously $4,246 for a second dwelling
unit - traffic mitigation fee eliminated for second units in 2013.)
Unlike some other cities in the Bay Area, San Rafael does not charge impact fees for community
or fire services.
Table B2.10: Exhibit UU: Survey of Impact Fees for Selected Cities
City
Comm.
Facilities
Drainage
Fire
Housing
Parks
Traffic
School
(1)
Sewer
(1)
Water
(1)
Total
Fairfield $3,439 n/a n/a n/a $7,410 $2,998 $6,640 $5,943 $5,424 $31,854
Palo Alto $2,585 n/a n/a n/a $9,971 $2,861 $5,940 n/a n/a $21,357
Petaluma $1,421 $1,500 $786 $9,022 $5,245 $15,877 n/a $8,114 $11,672 $53,667
Pleasanton $4,238 $1,566 n/a $10,053 $9,707 $4,218 $17,240 $13,893 $23,070 $83,985
Santa Rosa $5,561 n/a n/a $12,158 $7,252 n/a $11,000* $9,814 $5,651 $51,436
Mill Valley n/a $340 n/a n/a n/a $5,000 $7,128 $2,800 $14,141 $29,409
Novato $5,633 $2,398 $935 n/a $5,394 $7,709 $3,360 $5,173 $23,275 $53,877
San Rafael n/a n/a n/a n/a $1,509 $4,246 $4,100 $1,595 $10,241 $20,583
(Based on 2,000 square foot single family home)
(1) Impact fees charged by other agencies, and not the City of San Rafael.
Source: Community Development Department (2009). Total fees are approximate and may vary.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-26
Housing Constraints
Fees for second units were substantially reduced through lobbying efforts. First, the City
reduced the fee for a second dwelling units to $300. As part of implementation program H-
18i, Marin Municipal Water District (MMWD) Fees in the prior Housing Element, City staff
worked with Marin County planning staff to work with MMWD on a policy change to reduce
its fees for second units. Other fee reductions for second units were a lower traffic mitigation
fee and reduced sanitary district fees for the southern half of the city.
The City waives traffic impact fees for affordable housing units. In addition to the fee waiver
for traffic impact fees, in 2001 the City adopted Resolution 11025 which provides for fee
waivers for Planning and Building permit fees for affordable housing projects. The fee waiver
was recently used to waive use permit fees for a rotating homeless shelter operated by a
consortium of local churches during the winters of 2010 and 2011.
A recentThe 2009 Marin housing Workbook includes a survey of fees and exactions charged
for new housing in the county of Marin and shows that the City’s permit fees are fairly
comparablesimilar to the average of or less than those of other cities in the county. While
this fee survey has not been updated since 2009, within San Rafael, none of the Planning &
Building Fees or Impact Fees have been increased since the completion of this survey.
As depicted in Table B2.11 below, for a single family home, the average sum of Planning and
Building Fees in Marin is$11,125, ranging from a low of $7,743 to $14,480. By contrast, the
average sum of Impact Fees is $10,524, but the range is much wider from $3,750 up to $28,463.
For a ten-unit condominium project, the average sum of Planning and Building fees is $56,467,
with a range of $23,498 to $83,399. The average Impact Fee is $93,757, with a very broad range
of $30,000 to $207,300. It is evident that impact fees are the greater source of variation in
development costs between jurisdictions.
Table B2.11:Exhibit VV: Average Development Fees in San Rafael and Marin County
San Rafael Average Marin Average* Marin Range*
Single Family Home
Planning & Building Fees $12,561 $11,125$12,832 $7,743 - $14,480
Impact Fees $13,392 $10,524$33,801 $3,750 - $28,463
Total Fees $25,953 $21,649$46,633
10-Unit Condo
Planning & Building Fees $52,380 $56,467$68,422 $23,498 - $83,399
Impact Fees $124,820 $93,757$252,649 $30,000 -
$207,300
Total Fees for 10-Unit Condo $203,153 $150,224$321,071
Fees per Unit $20,315 $15,224
Source: Marin County Housing Workbook, 2009.
*Countywide average and range do not include Sausalito or the County of Marin.
The exhibit Table B2.12 below details San Rafael’s fees for a single-family house and a ten-
unit multifamily condominium projectunit, compared with the average fees charges by all
jurisdictions in Marin. The chart summarizes the development fees that would be charged
for two hypothetical developments in each jurisdiction in the county of Marin, for both local
fees and for total fees (including fees charged by other agencies).
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-27
Housing Constraints
Table B2.12:Exhibit WW: San Rafael and Average Marin County Fees for a Single-Family Home
and a Multifamily Unit
Single-Family House (1) Multifamily Unit (2)
Type of Fee San Rafael
Marin County
Average* San Rafael
Marin County
Average (3)
Jurisdiction-Controlled Building and Planning Fees
Design Review (4) $2,641 $2,449 $6,392 $3,866
Building Permit $3,234 $3,584 $15,059 $21,160
Plan Check $2,425 $2,481 $11,294 $14,042
Plan Storage $33 $63 $153 $187
Title 24 Energy Fee n/a $480 n/a $3,170
Seismic Tax $50 $50 $400 $400
Engineering Plan Check n/a $575 n/a $1,675
Engineering Site Inspection n/a $221 n/a $1,809
Planning Plan Check $90 $174 $180 $533
Plumbing $264 $227 $1,957 $1,276
Electrical $209 $270 $920 $1,308
Mechanical (incl. fire sprinklers / alarms) $1,907 $372 $9,682 $2,028
Crime Prevention n/a $72 n/a $720
General Plan Surcharge $453 $559 $2,108 $3,755
Database Management Surcharge n/a $540 n/a $3,755
Residential Development Tax $382 $602 $2,250 $4,775
Construction Permits n/a n/a $3,750
Sewer Connection Fee (not impact fee)
(5) (6) n/a $1,652 n/a $16,515
Other $873 $388 $1,985 $1,836
TOTAL FEES $12,561 $11,125 $52,380 $56,467
TOTAL FEES PER UNIT $12,561 $11,125 $5,238 $5,647
Jurisdiction-Controlled Impact Fees
Affordable Housing In -Lieu Fee n/a n/a $470,000
Roads $4,900 $5,489 $39,900 $41,972
Storm Water n/a $3,768 n/a $25,550
Parks n/a $9,463 n/a $49,533
Fire n/a $979 n/a $7,640
Police n/a n/a
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-28
Housing Constraints
Single-Family House (1) Multifamily Unit (2)
Type of Fee San Rafael
Marin County
Average* San Rafael
Marin County
Average (3)
Jurisdiction-Controlled Impact Fees (continued)
Library n/a n/a
Other Civic Facilities n/a $6,381 n/a $65,710
Solid Waste n/a n/a
Other (Traffic Mitigation Fee) $8,492 $4,331 $84,920 $40,277
Sewer (5) n/a $3,722 n/a $37,220
TOTAL IMPACT FEES $13,392 $10,524 $124,820 $93,757
TOTAL IMPACT FEES PER UNIT $13,392 $10,524 $12,482 $9,375
Service Provider Fees
Water $14,141 $15,054 $102,890 $100,219
Sewer Connection (5) $1,860 $2,133 $18,600 $14,944
Sewer Impact (5) $4,340 $4,792 $43,400 $45,577
School $4,920 $5,487 $24,600 $27,765
TOTAL $25,261 $24,984 $189,490 $170,848
1) Single-Family Home: Assumes a 3-bedroom, 2,400 sq. ft., on 10,000 sq. ft. lot with a 400 sq. ft. garage at density
of 4 units per acre and construction cost of $500,000, estimated sale price $800,000.
2) Multifamily Unit: Assumes a ten unit condominium development, 2-bedroom, 1,200 sq. ft., on 0.5 acres with a
construction cost of $400,000 per unit, to be sold at an average of $500,000 per unit.
3) Average and median calculations do not include Sausalito or County of Marin data. Note that most cities and towns
in the County do not process longer projects
4) Includes fees related to State-required California Environmental Quality Act (CEQA) review fees. Typical CEQA fees are:
Initial Study & Mitigated/Negative Declaration- City Fee: $9,713 deposit
Environmental Impact Report (EIR)- City Fee: Actual cost of consultant + 25% surcharge for staff review and
contract administration
Marin County Clerk Recordation Fee: $50
CA Department of Fish and Game Fees
Mitigated/Negative Declaration: $2,010.25
EIR: $2,792.25
Certified Regulatory Program: $949.50
5) Highlighted data cells indicate that a single fee given by a sanitary district has been divided 30% connection / 70% impact, according
to the ratio indicated by districts, which provided categorized fees.
(6) Sewer fees for Mill Valley and Corte Madera are controlled by the jurisdiction, and not by an independent sanitary district.
Source: Marin County Housing Workbook, 2009.
The Housing Element recommends the following program to address issues related to
the timely processing of development applications:
(1) Update program H-18i, Marin Municipal Water District (MMWD) Fees. This program would
be revised to apply to working with Las Gallinas Valley Sanitary District for a second unit fee
reduction similar to that approved by other agencies in San Rafael.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-29
Housing Constraints
11.12. Article 34 Referenda
California Law (Article 34) requires jurisdictions to place public housing projects on the ballot for
local approval before construction. In 1977, San Rafael voters passed (by a 73 percent majority)
a referendum allowing construction of 120 publicly-financed housing units for senior citizens. The
election results indicated a general community willingness to approve Article 34 referenda in San
Rafael. Eighty-three of these non-market rate units were built in the San Rafael Commons project.
An additional 12 units of the Article 34 Allocation were utilized for the Buckelew Project at 1103
Lincoln. Twenty-five units remain under the referendum authorization.
By requiring referendum approval of all low rent housing projects “developed, constructed, or
acquired in any manner” by any state or public body, Article 34 of the State’s Constitution poses
an obstacle to the delivery of housing suited to the needs of lower income households. In general,
Article 34 applicability depends on three criteria. First, a state or public body must be involved in
the project. Private sponsors developing low rent housing projects with federal or private money,
for instance, are not subject to Article 34. Second, the State or public agency must develop,
construct or acquire the project. Public agencies which lease low rent housing are not covered by
Article 34. The third requirement is that the project be a low income rental development. The
development of mixed income rental housing that is not 50 percent or more low income has been
held by California courts not to require a referendum.
State legislation exempts from the referendum requirement the following types of projects: (1)
privately owned housing which is less than 50 percent low income rental; (2) privately owned
housing which is not financed or subsidized by a State or local public agency; (3) cooperative
housing or any other type of owner-occupied housing; and (4) newly constructed, privately
owned one-to-four family dwellings not located on adjoining sites.
To summarize, in order to promote the development of affordable housing within San Rafael, the
City has adopted numerous incentives. These include:
Fee waivers (see Housing Program H-9g), including specifically traffic impact, planning,
and building fees for affordable housing projects. After considering a request from the
City, the Marin Municipal Water District expanded its 50 percent fee reduction policy for
affordable housing units to all 11 cities in the County; formerly, the fee reduction only
applied to County projects. The fee reduction policy also applies to second units.
Density bonuses above and beyond those mandated by state law, pursuant to the City’s
inclusionary housing ordinance.
Height bonuses (see policies established in the City’s General Plan 2020 Land Use
Element).
Reduced parking standards (see Housing Program H-18g).
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-30
Housing Constraints
B. NON-GOVERNMENTAL CONSTRAINTS AND OPPORTUNITIES
State law requires an analysis of potential and actual governmental and non-governmental
constraints to the maintenance, improvement, and development of housing for all income levels.
The Housing Element must identify ways, if any, to reduce or overcome these constraints in order
to meet the City’s housing needs.
1. Land and Construction Costs
The price of housing in Marin County has continued to rise at a faster rate than household income.
Contributing factors include the rising cost of land, construction costs (materials and labor),
financing, fees and associated development requirements, sales commissions, and profits.
Another factor is the increasing perception of housing as a commodity for speculation. According
to the Marin Economic Commission, 84 percent of land in Marin is protected as open space,
agricultural land, watersheds, or parkland, leaving only 16 percent of land available for
development. As of 1999, 11 percent of the remaining developable land was developed, leaving
approximately five percent available for future development (Marin Economic Commission,
1999). The scarcity of developable land in the County is a significant driving factor in the increase
in land costs.
The typical cost to build an average-quality, two-story, wood frame, single-family, detached home
is about $125/square foot, and more for expensive custom-built homes. Land costs for single-
family homes account for approximately 40 percent of the total cost, with hard construction costs
(including labor and materials) and soft costs (including design and insurance) accounting for 40
percent and 20 percent, respectively. Generally, land zoned for single-family homes is less
expensive than land zoned for multifamily homes. (Marin Housing Workbook, 2009)
The total cost for recently built multifamily developments in Marin County averages between
$300 and $500 per square foot. Land costs account for 15 to 20 percent of total cost. Land costs
for multifamily development depend upon allowable densities; construction constraints; and
potential fees for rezoning, general plan amendments, environmental impact review, and
mitigation efforts. Total costs per multifamily unit can range from $400,000 to $500,000. (Marin
Housing Workbook, 2009)
Vacant land within the City of San Rafael is extremely limited (between 10 and 15 vacant lots were
on the market in December of 2009). Since the demand for housing in the City is very high, the
value of potential residential land is increasing and has become a substantial factor in the cost of
providing housing. An informal survey of vacant residential land sales in San Rafael from January
2012 to May 2014 identified a wide range of prices, from $98,000 for a small, 5,900 square foot
infill parcel, up to $2.9 million for a 1/2 acre hillside lot. The overall price for the fifteen residential
land sales during this period was $125 per square foot. conducted by city staff in December of
2009 found the costs of vacant lots currently on the market ranged between $165,833 and
$956,000 per acre, with an average price of approximately $330,000 per acre (approximately
$14.73 per square foot). Land costs may exceed this amount in areas that provide more amenities
or are located in the more desirable locations.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-31
Housing Constraints
2. Financing Costs
Financing for above moderate or market rate housing is not restrained for those who can qualify.
It is difficult, however, for first-time home buyers without capital or equity to qualify for financing
without incomes above $100,000. For example, the income required for a $450,000 mortgage at
4.5% is about $100,000, which requires a monthly payment of about $2,800 (inclusive of
expenses).
Financing new construction has also become more difficult, as lenders have reduced their loan to
value ratios, thus responded to the faltering real estate market by requiring builders to shoulder
a larger portion of project costs. Complicated projects, such as mixed-use developments, are often
the most difficult to finance. Non-profit developers may have even greater difficulty securing
funding from the private sector, and the increasing competition for federal funding can create
additional roadblocks to the construction of affordable housing units. Additionally, smaller
projects often cost more to develop, which may necessitate higher retail prices above the
affordability level of low-income renters or buyers. The reduction of tax credits for low-income
housing has also had a chilling effect on the construction of affordable housing. Despite these
barriers, smaller projects have been successfully built in Marin County by several local community
based organizations. (Marin Housing Workbook, 2009)
From 1990 to 2000, multifamily housing construction in California dropped from almost 50
percent of total units constructed to only 25 percent. Because multifamily housing provides the
bulk of the rental housing units, new construction in the rental sector dropped by 41 percent,
contributing to low vacancy rates and rising rents (Myers, Park 2002). University of Southern
California demographer and planner Dowell Myers cites the loss of federal tax credits for
multifamily developments, local resistance to apartment construction, and litigation and liability
issues as the driving forces behind the precipitous drop in multifamily housing construction
(Myers, Park 2002). In addition, units for sale are often easier to finance during construction.
Because of these financial disincentives, many developers prefer to use scarce land to build units
for sale in order to realize an early profit and minimize risk (Baird + Driskell, 2004).
3. Community Concerns
Potential opposition to affordable housing exists in many communities throughout Marin and the
Bay Area. It is important, in this regard, to identify sites for special needs and affordable housing
that fit with community character and have minimum impacts. Design plays a critical role in
creating new developments that blend into the existing neighborhood, especially in higher density
developments that might otherwise seem out of place. Good design can help ensure that high
density developments are not bulky or out-of-scale. Through sensitive design, a building’s
perceived bulk can be significantly reduced to create a development that blends with the existing
character of the neighborhood. Design strategies that the City has used to minimize the
perception of bulk and create a blending with the community do not necessarily increase costs.
These include the following:
(1) Minimize building heights;
(2) Break-up the building “mass” in its architecture and detailing;
(3) Vary the roofline;
(4) Create a three-dimensional facade (rather than a massive, flat facade);
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-32
Housing Constraints
(5) Step back the building height, with the lowest part of the building towards the street
and adjacent properties, locating the highest part of the building towards the center of
the property;
(6) Site the building appropriately in relation to surrounding buildings;
(7) Use architectural design, landscaping, materials and colors that fit with the area;
(8) Use landscaping to blend the buildings with the natural setting; and
(9) Provide for open space and pathways throughout the development.
The Marin Consortium for Workforce Housing was established to build public understanding and
support for workforce housing. The Consortium focuses public concern on potential
environmental impacts, quality of design, and the quality of long-term management of the
project. The Housing Element includes a pProgram H-3b - Information and Outreach on Housing
Issues - to work with other entities to help address this potential constraint. In addition, the City’s
environmental and design review procedures assist in achieving project acceptability and allow
for neighborhood participation.
4. Working with Non-Profit Housing Developers
Community Development and Redevelopment Agency staff works closely with housing advocates
and developers to create financially viable projects. Financial support is available in a variety of
forms, from loans and grants to tax credits and outright purchase.
The key to the success of non-profit developers lies in three areas: first, in their ability to draw
upon a diversity of funding sources and mechanisms to make their developments work financially;
second, in their commitment to working cooperatively and constructively with the local
community, including local officials as well as neighborhood residents; and third, in their long-
term commitment to ensuring excellence in design, construction and management of their
developments, creating assets that are valued by the community.
All affordable housing developments in San Rafael have been the result of collaborative efforts
between the government, affordable housing developers and the philanthropic community. In
most cases, the City and/or Redevelopment Agency works collaboratively with non-profit
developers to provide technical assistance, funding through Redevelopment housing funds, City
in lieu fees, CDBG funds and the issuance of tax exempt bonds. The State and Federal
governments provide funding through the HOME program and tax-exempt bond allocations. The
philanthropic community provides additional funding and the non-profit housing groups construct
and manage the housing.
5. Financing Incentives for Workforce and Special Housing Needs
There are a wide variety of resources provided through federal, state and local programs to
support affordable housing development and related programs and services. The single largest
(and often least recognized) federal program is mortgage interest tax deduction, saving 70
percent of all homeowners (or 36 million taxpayers) $67 billion in FY 2008 (National Low Income
Housing Coalition, 2009). State agencies also play an important role in providing housing
assistance by allocating federal housing funds and/or making loans available to affordable housing
developments. The three principal agencies involved are the State Treasurer’s Office, the
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-33
Housing Constraints
California Housing Finance Agency (CHFA), and the California Department of Housing and
Community Development (HCD). In 2008 in California, $90 million of federal funding and $97
million from the State was applied towards tax credits issued for the construction of over 5,000
low-income housing units. An additional $75 million in tax-exempt bonds were issued by the
federal government to help finance the construction of over 10,000 low-income units across the
state. (CA State Treasurer’s Office, 2009)
California localities receive federal subsidies for affordable housing through a number of
programs. Like State programs, federal programs often change in terms of program details,
application procedures, and amount of subsidy dollars available. In 2007, the Marin Housing
Authority received over $27 million from the U.S. Department of Housing and Urban Development
to fund the Section 8- Housing Choice Voucher Program, which serves over 2,000 households
throughout Marin (MHA Annual Financial Report, 2008). Approximately $9 million of the County
funding was distributed to almost 500 households in San Rafael who were recipients of Section 8
vouchers in 2008 (MHA, 2008; Marin Housing Workbook, 2009). Federal funding for MHA-
administered programs, however, continues to be unpredictable; in 2008, federal funding for
public housing nationwide was below full funding at 88.96 percent (MHA, 2008). Public housing
complexes that depend on federal funding include the Golden Hinde, a public housing complex
for seniors managed by MHA and located in Terra Linda.
City government resources, especially through the Redevelopment Agency, have also played an
important role in supporting housing development. Highlights of Redevelopment Agency
achievements are described in the previous section. The Redevelopment Implementation Plan
for the period of 2010/11-2014/15 anticipates receiving approximately $925,000 annually. The
Agency anticipates the following ongoing annual expenses; $300,240 annual bond debt service
payment for previous housing activities, $90,000 for administration of the ownership Below
Market Rate Housing program, $100,000 for code enforcement related activities serving low
income renters, and $500,000 for personnel services, including oversight of the affordable
ownership program and management of the affordable rental units resulting from the City’s
Inclusionary requirements. The Agency anticipates spending $2,300,000 between 2010 and 2015
on projects and programs to increase and improve the supply of low and moderate income
housing in San Rafael.
When developments are able to demonstrate a financial commitment and contribution from local
sources—especially if coupled with regulatory support through policies such as fast-track
processing, fee waivers, and/or density bonuses—they are better able to leverage funding from
other ‘outside’ sources.
Additionally, all funding sources require separate reporting and data collection. When multiple
funding sources are used (usually necessary), additional burdens are placed on developers to track
the information required and report on a timely basis with limited staffing.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B2-34
Housing Constraints
6. Fair Housing
The City of San Rafael provides financial support to a variety of fair housing organizations,
including Fair Housing of Marin (through CDBG funds distributed by the RDA) and the Marin
Housing Authority (which receives $30,000 annually from the RDA for its Rebate for Marin Renters
program). Fair Housing flyers are distributed throughout City buildings, including City Hall, City
Hall at the Mall and the City libraries. Information on housing opportunities in the City of San
Rafael and the County of Marin is available through the Housing Assistline, which is staffed by
Marin Housing workers and trained volunteers. However, due to recent budget cuts, Marin
Housing has temporarily discontinued the Housing Assistline. When operational, the Assistline
provides information and referrals on affordable housing, including Section 8, Public Housing,
housing for persons with special needs, Below Market Rate rental and ownership programs, the
Low Cost Rehabilitation Program, housing discrimination and landlord tenant law.
The Redevelopment Agency has previously provided $10,000 annually to Mediation Services, an
organization providing bilingual assistance in the area of landlord tenant law. In 2001 and 2002,
the City sent bilingual letters to all tenants in buildings over four units informing them of
Mediation Services and encouraging them to use this service if necessary. The City does not
anticipate sending further letters due to the cost being too substantial to justify the small number
of calls received as a result of the letter. The County of Marin removed funding for Mediation
Services stating that legal assistance could be provided by the Marin County Superior Court’s Legal
Self Help Services Division (formerly Legal Self Help of Marin), which provides free assistance to
self-represented litigants on all legal matters, including landlord tenant and Fair Housing law.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-1
Site Inventory and Capacity Analysis
APPENDIX B-3. SITES INVENTORY AND CAPACITY ANALYSIS
Potential for new housing exists throughout San Rafael. This section provides an overview of the
methodology used to identify housing opportunity sites and estimate residential capacity on
those sites. Included are tables showing and explaining residential capacity assumptions for each
site. The San Rafael Housing Element identifies opportunities for new housing in two main
categoriesresidential and mixed-use districts and examines second unit development.
The methodology for meeting the City’s regional housing needs allocation (RHNA) employs a
balanced approach utilizing the full range of options allowed under State Housing Element law.
HCD recommends that jurisdictions provide extra capacity in their site inventory to offset sites
that may be developed at lower densities, and therefore a “buffer” is provided above the required
RHNA. San Rafael’s sites strategy includes housing units built or issued building permits during
the planning period, accessory dwelling units and potential housing units on vacant and under-
utilized parcels.
A. SITE INVENTORY AND CAPACITY ANALYSIS
1. Summary of Sites to Meet RHNA
San Rafael has developed a thorough and realistic approach to identifying sites suitable for
development during the planning period. Through this site inventory analysis, the City is able to
demonstrate sufficient site capacity zoned at appropriate densities to accommodate its RHNA for
both the prior and current planning periods.
As summarized in Table B3.1, sites have been identified within San Rafael’s residential and mixed
use districts, in addition to new second unit and junior second units, suitable to accommodate
487 units affordable to very low income households, 485 units affordable to low income
households, 455 units affordable to moderate income households, and 1,250 units affordable to
above moderate income households.
Table B3.1: Potential for Sites to Accommodate Housing Units during 2014-2022 RHNA Period
Income Levels Very Low Low Moderate Above Moderate TOTALS
RHNA TARGETS 240 148 181 438 1,007
Entitled/Under-Construction 2 0 0 17 19
Residential* 46 46 46 306 444
Mixed Use* 409 409 409 927 2,154
Second Units 20 20 0 0 40
Junior Second Units 10 10 0 0 20
Total Unit Capacity 487 485 455 1,250 2,677
Unit Capacity Over RHNA Target 247 337 274 812 1,670
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-2
Site Inventory and Capacity Analysis
*Projected affordable units for each income level is estimated as 20 percent of the total units for a site within the
default density (zoned at 30 or more units per acre). Section B3.6 Zoning to Accommodate Lower Income
Households lists the sites and number of units on sites with densities of 30+ units per acre.
Exhibit GG: Summary of Residential Capacity
Opportunity Sites
Remaining RHNA Requirement (from Exhibit FF above)
Units
1,184
Residential
Vacant 260
Second Units 29
Underutilized 260
TOTAL 539
Mixed Use
Vacant 179
Underutilized 1,821
TOTAL 2,000
Total Unit Capacity Estimate 2,539
Estimated Excess Capacity 1,355
The methodologies for selected sites and estimated capacity are described below. In summary, in
residential districts, housing capacity estimates are based on the allowed residential density and
the average density from past development. For mixed use sites, housing capacity estimates are
based on lot size and the average density from past development.
2. Residential Projects (of 3 or more units) with Entitlements/Under Construction
Residential projects under construction or with development entitlements with occupancy post
January 1, 2014 are credited towards the City's 2014-2022 RHNA. As illustrated in Table B3.2, San
Rafael has two projects that are under construction, and which are expected to be completed
within the planning period and will count towards the RHNA target. In total, 19 units will be added
upon completion of the projects. Table B3.2 provides the breakdown by income level in each of
these projects.
Table B3.2: Residential SitesProjects Entitled or Constructed in 2014
APN Address General
Plan Zoning
Market
Rate
Units
Mod Low Very
Low Site Description
011-172-32 1144
Mission HDR HR2 3 Under construction
011-023-02 1867 Lincoln
Ave HDR HR1.8 14 2 Under construction
Total Units 19
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-3
Site Inventory and Capacity Analysis
2.3. Residential Districts Sites
San Rafael’s Housing Opportunity Site Inventory below includes residential-zoned sites in San
Rafael without existing structures, and able to support at least three housing units. Nearly all of
the parcels in the City’s residential zoning districts have been developed. In the 2009-2014
Housing Element, the City zoned for 520 units on residential sites – for a total inventory of 2,520
units when combined with mixed use sites that can accommodate residential. With the excess
capacity established in the prior Housing Element, the City is able to carry over the majority of
these residential sites into the 2015-2023 Housing Opportunity Sites Inventory. There are an
estimated 16 12 sites zoned for residential development that remain vacant. Six residential sites
are underutilized. The underutilized sites are largely zoned for high density residential
development and present opportunities to accommodate a larger number of units than vacant
residential sites. Six have received planning permit approvals, or are under review. The unit
capacity for residential development is shown below:
12 sites are vacant and available for development. The realistic capacity is 200 units (see
Table B3.3).
Six sites are underutilized and available for development. The realistic capacity is 244 units
Two projects are under construction. The projects feature a total of 19 units (see Table
B3.2).
Table B3.3: Total Unit Capacity of Residential Sites
Max Zoning
Capacity
Realistic
Potential
Vacant Available 248 200
Underutilized Available 284 244
Total 532 444
Source: City of San Rafael Community Development Department
The exhibit Table B3.4 below demonstrates San Rafael’s track record of approving residential-only
housing development. The datae includes all multi-unit projects approved of three or more units.
The ‘maximum potential units’ is the number of units allowed per the zoning district. For sites
zoned ‘Planned Development,’ the General Plan maximum density was used. In some cases, the
‘approved units’ are higher than the ‘maximum potential units’ because of a density bonus; these
sites are conservatively considered to have reached 100% of their zoning potential. In the
inventory, for sites which are vacant and without approvals or under review, the ‘total realistic
units’ is calculated using the 8683% average potential achieved.
Table B3.4:Exhibit HH: Historic Approvals of Sites Zoned Residential, 2000 – 20102014
Address
Maximum
Potential Units
Approved
Units
% Approved of
Maximum Potential
111 Merrydale Rd 31 56 100%
440 Canal Street 5 3 60%
Marin Lofts, 50 Cresta Dr. 32 15 46%47%
157 Woodland 17 10 59%
Northview (Sterling Way) 28 28 100%
262-268 Channing Way 8 4 50%
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-4
Site Inventory and Capacity Analysis
119 Laurel Place 5 3 60%
110 North Ave. 49 50 100%
Redwood Village 102 134 100%
1203-1211 Lincoln 30 36 100%
1867 Lincoln Ave. 12 16 133%100%
524 Mission Ave. 13 15 100%
Live Oak 5 5 100%
1515 Lincoln 30 24 80%
56 San Pablo 3 3 100%
21 G St. 13 8 62%
1203-1211 Lincoln 30 36 100%
1144 Mission 4 3 75%
1867 Lincoln Ave 21 16 76%
6-18 Live Oak 2 2 100%
Average potential achieved 86%83%
Source: City of San Rafael Community Development Department
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-5
Site Inventory and Capacity Analysis
For the residential sites in Table B3.5 and Table B3.6Exhibit II below, the following assumptions
are made:
For projects already approved or proposed, realistic units are determined by the project
proposal.
Vacant sites without existing structure are currently zoned to accommodate housing, and able
to support at least three housing units.
Sites suitable for redevelopment are currently zoned to accommodate housing, and able to
support at least fifteen housing units.
The maximum dwelling units per acre is the net allowable density described per zoninge
district in the San Rafael zoning ordinance. For areas zoned PD (Planned Development) the
General Plan gross density is used.
For sites not already approved or under review, Realistic Capacity is derived from historical
approval trends from 2000 to 2010, which show that since 2000 the City has approved
residential development at 836% of the maximum allowable density, as described above.
Sites identified as eligible for tax credit financing allow for greater than 36 units and scored
more than 15 points using current tax credit competitive scoring guidelines in an analysis
conducted by Non Profit Housing and Green Info.
Constraints list any known conditions that might act as a deterrent to developing new
housing. All sites have ready access to necessary utilities and infrastructure unless otherwise
noted. Commonly listed constraints include:
o Hillside - any site that contains an average slope of 25% or greater.
o Historic - any site listed on San Rafael's Historic/ Architectural Survey.
o CUP required - Conditional Use Permit Required to build housing (requires Planning
Commission approval).
o Biological - signifies that biological mitigation would need to occur in order to build
housing.
o Traffic - lack of available traffic capacity could trigger the need for an Environmental
Impact Report (EIR).
o Wooded - means there are a significant amount of trees on site that could cause
environmental mitigation and/or difficulties with site grading.
o Access- means a road would have to be developed or improved.
o Geologic - signifies sites expecting to require a significant amount of engineering
work due to unsuitable terrain to make the site suitable for housing development.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-6
Site Inventory and Capacity Analysis
[This page was intentionally left blank]
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-7
Sites Inventory and Capacity
Table B3.5: Vacant Residential Sites Vacant and Available for Development
APN Address General
Plan Zoning Density
Lot
Size
(acres)
Max
Zoning
Capacity
Total
Realistic
Potential
Units
Site Description Constraints
011-193-06 1628 Fifth
Ave HDR HR1.5 29 0.3 9 7 Vacant None
009-330-01
104
Windward
Way
MDR MR2 21 2.3 48 42 Vacant. Former San Rafael
Sanitation District Site
Traffic
capacity;
geotech
013-101-07 225 Picnic
Ave MDR MR3 15 3 45 39
Vacant. Ready access to all
essential public facilities and
services.
Hillside
185-020-02
Glenwood
School
(Vacant Lot)
LDR R7.5 5 9 45 26
Vacant. Level lot adjacent to
Glenwood School. Unit estimate
based on CEQA constraints.
Limited
access;
wetlands;
archaeology
011-031-07,
011-031-43
to
011-031-50
Coleman Dr LDR R10 4 2.1 9 9 Vacant. Nine single-family homes
on nine lots.
Hillside;
wooded;
access
011-022-02
to
011-022-27
Fair Dr LDR R5/R7.5/
R10 2 5.3 10 6 Vacant. Owners have indicated an
interest to develop.
Hillside;
wooded;
access;
parcels under
separate
ownership
016-213-12 Point San
Pedro Rd LDR PD 3 6.2 18 9
Vacant hillside site that was part of
a larger subdivision but never
developed. There have been 2
different applications for
development of 6- 9 units on this
site, but due to economy, were not
pursued through completion.
Hillside;
traffic;
drainage;
geotech;
wooded
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-8
Sites Inventory and Capacity
APN Address General
Plan Zoning Density
Lot
Size
(acres)
Max
Zoning
Capacity
Total
Realistic
Potential
Units
Site Description Constraints
015-163-03 Dominican
University
Hillside
Residential PD 2 18.7 37 32
Dominican University has indicated
an interest in building affordable
staff housing.
Requires
master plan
165-240-02
to
165-240-05
Jaleh Estates
(previously
Look Out
Mountain)
Hillside
Residential PD 1 6 4 4 Vacant. Four single-family homes
on four lots.
Hillside;
wooded;
access
015-250-44
Dominican
University
(end of
Domican Dr)
Hillside
Residential PD-H 0.5 18 9 8 Vacant Hillside
165-220-06,
165-220-07
End of Los
Gamos Dr
Hillside
Residential
Resource
PD-H 0.3 11 3 3
Vacant. Parcel -06 is approximately
three acres, with potential for one
unit. Parcel - 07 is approximately
eight acres with potential for two
units. Lots are under same
ownership.
Hillside;
geotech; site
access
155-101-03,
155-101-04
280 Channing
Way
LDR,
Hillside
Residential
PD 2 6.6 11 15
Vacant hillside site and never
developed. There have been very
preliminary inquiries for
development, but no formal
applications submitted to city.
Hillside;
traffic;
drainage;
geotech;
wooded
Total 248 200
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-9
Sites Inventory and Capacity
Table B3.6: Residential Sites Underutilized Available for Development
APN Address General
Plan Zoning Density
Lot
Size
(acres)
Max
Zoning
Capacity
Total
Realistic
Potential
Units
Site Description Constraints
011-141-46
Lincoln Hill
Community
Church
1411 Lincoln
Ave
HDR HR1 43 1.4 60 52
Underutilized. Owned by non-
profit; surrounded by residential.
The only structure on the parcel is a
church, occupying just 14% of total
lot area. Eligible for Tax Credit
Financing.
Partial
hillside
011-245-38 220 Shaver St HDR HR1 43 0.9 39 33
Underutilized. On residential street;
potential for residential use if
disbanded. Tax Credit Financing.
Utility Service
011-076-11
Villa Inn &
Restaurant
1600 Lincoln
Ave
HDR HR1 43 1.2 51 44
Underutilized. Level, near public
transit and freeway; surrounded by
residential use. Had proposal for
housing in early 2000s.
Currently
generating
Transient
Occupancy
Tax for City.
177-240-21,
177-240-22
Camgros
2416 to 2432
Fifth Ave
Unincorpor
ated (HR)
PDUninc
orporate
d
5 53 28 15
Underutilized site that was formerly
a dairy and currently hosts a variety
of small rental units. Site is located
in unincorporated Marin County,
but is surrounded by City of San
Rafael. Would need to be annexed
into San Rafael. A creek bisects the
front of the property, the front
portion is relatively flat, while the
rear 1/2 of the site is hillside.
Hillside;
geotech
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-10
Sites Inventory and Capacity
APN Address General
Plan Zoning Density
Lot
Size
(acres)
Max
Zoning
Capacity
Total
Realistic
Potential
Units
Site Description Constraints
011-131-04
Elks Club
1312 Mission
Ave
HR PD 43 10.5 45180 67
Large site currently developed with
a few buildings used as a private
club (Elks Club). Site is a hillside,
with a large bowl area that is used
as surface parking that could
accommodate development. A
proposal for 67 units was submitted
and under review by the City until
the member of the blub terminated
the lease option with the
development for their own reasons.
Hillside;
historic;
biological;
geotech
011-064-06
Colonial Motel
1735 Lincoln
Ave
HDR HR1 43 0.6 26 33
Underutilized site currently
developed with a one story motel,
containing 20 motel units. Site is
small, but has a graded potion of
the site that could accommodate
development.
None
Total 655284 244
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-11
Sites Inventory and Capacity
4. Mixed-Use and Commercial Districts
The City of San Rafael identified mixed use zoning districts as areas with the greatest potential for
new units and a record of accomplishment of units being built. Mixed use districts are located in
commercial areas throughout the Ccity. In the 2009-2014 Housing Element, the City zoned for
2000 units on mixed use sites – for a total of 2,520 units when combined with sites in the
residentially-zoned areas. With the excess capacity established in the prior Housing Element, the
City is able to carry over the majority of these mixed use sites and add several new sites into the
2015-2023 Housing Opportunity Sites Inventory.
Opportunity sites were identified using the City’s database of parcels. This analysis did not identify
all underutilized sites with redevelopment potential; it identified the sites considered most likely
to redevelop based on community input, General Plan land use policy direction, past trends,
and/or expressed development interest. Many of the sites are developed with one-story single-
use commercial structures with surface parking lots. The majority of the zoning districts allow
three stories, and up to six stories in parts of Downtown. Additionally, the mixed use zoning
districts allow mixed-use development, which generally provide more potential revenue than
commercial-only buildings. Therefore, many commercial sites are underutilized compared to
allowable building sizes and uses. The unit capacity of mixed-use sites is shown below:
Table B3.7: Total Unit Capacity of Mixed-Use Sites
Max Zoning
Capacity
Realistic
Potential
Vacant Available 169 160
Underutilized Available 3,531 1,994
Total 3,700 2,154
Source: City of San Rafael Community Development Department
In general, and depending on the type of use, the value of the land will be greater than the value
of the older single-story building on the land. When land values are greater than the value of
existing development there is an incentive to redevelop the land with more valuable buildings and
uses.
Opportunity sites in the mixed use districts are more likely to redevelop with mixed-use or
residential-only buildings, rather than commercial-only building for several reasons:
The majority of recent redevelopment for commercial uses has been new buildings with
residential uses above ground floor commercial, or in the most recent housing project, a
residential-only building in the Office District. This is due to market conditions where there
is a high commercial vacancy rate. For the timeframe of the Housing Element, residential is
forecast to offer a higher return than office use. Residential and retail uses command a
higher rent than office uses, therefore there is a strong economic incentive to build a mixed-
use building with residential units over a retail space.
The San Rafael zoning ordinance favors mixed-use buildings over exclusively residential or
commercial buildings by allowing shared parking, and
San Rafael has no restrictions that pro-rate residential development against a site’s
commercial development potential, thereby encouraging the maximum amount of density
possible.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-12
Sites Inventory and Capacity
The exhibit below demonstrates San Rafael’s track record of approving mixed use housing
development. The data includes all multi-unit projects approved of three or more units. The
maximum potential units is the number of units allowed per the zoning district. For sites zoned
‘Planned Development,’ the General Plan maximum density was used. The ‘approved units’ in
some cases is higher than the ‘maximum potential units’ because of a density bonus. For
development approved with a density bonus, the site was conservatively considered to have
reached 100% of its zoning potential. In the inventory, for sites which are without approvals or
under review, the ‘total realistic units’ is calculated using the 92% average potential achieved.
In addition, as shown in Table B3.8 the Exhibit below, residential development on sites zoned for
mixed-use typically surpasses the district’s zoning. In all but three projects was the density below
the maximum allowed.
Table B3.8:Exhibit JJ: Historic Approvals of Mixed Use Sites, 2000 – 20140
Address
Maximum
Potential Units
Approved
Units
% Approved of
Maximum Potential
729 Fourth Street 28 30 100%
Rafael Town Center 94 11
3
100%
Albert Lofts, 931 Second (residential-only) (1) 92 11
1
100%
Edge Hill Village, Dominican University
(residential-only)
96
54
56%
515 Northgate Dr. (residential-only) (1) 63 12
8
100%
110 Loch Lomond 99 82 83%
33 San Pablo (residential-only) (1) 81 82 100%
522 Third St. 3 3 100%
Average potential achieved 932%
Source: City of San Rafael Community Development Department
(1) Sites zoned for mixed-use, developed with a residential-only project.
Nearly all of the parcels in the City’s mixed-use zoning districts have been developed. There are
an estimated five sites zoned for mixed-use development that remain vacant. One site is under
review for planning permit approvals. (See Exhibit KK below.)
As can be seen in Exhibit KKTable B3.9 below, the identified housing sites in Exhibit KK below make
up only a small portion of the total available acreage for residential development in the mixed use
zoning districts. As noted above, the zoning regulations, which do not prorate residential
development against commercial development, are an incentive to building housing on a mixed
use zoned site. Even with development of all housing sites below, there remains over 8685
percent of commercially-zoned property available for commercial redevelopment to meet
community needs.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-13
Sites Inventory and Capacity
Table B3.9:Exhibit KK: Available Acreage for Nonresidential Development in Mixed-Use Districts
Zoning
Residential Development
Acres,
Citywide
Acres, Housing
Opportunity
Sites
% Available for
Nonresidential
Development
C/O Residential as part of a mixed use project 30 21.6 93%
GC Residential as part of a mixed use project 206 45.5 78%
HO Residential as part of a mixed use project 6 0.3 95%
M Residential as part of a mixed use project 93 2.2 98%
NC Residential as part of a mixed use project 38 2.4 94%
0 Residential-only allowed 196 5831.6 8470%
CSMU
2/32
MUW
2/3 MUE
Residential as part of a mixed use
project Residential-only allowed
Residential as part of a mixed use project
37
2.5
9395%
WEV Residential-only allowed 12 2.3 8175%
TOTAL (1) 618 114.986.2 8681%
Source: City of San Rafael Community Development Department
(1) P/QP is not included in the total because much of the district’s 940 acres is not
available for housing. Note: Loch Lomond Marina project is not included as it is on a site
with multiple land use districts.
For the mixed-use sites In Exhibit LLTable B3.10 and Table B3.11 below, the following criteria
was used:
Currently zoned to accommodate housing.
At least 0.5 acre in size, or where an application has been received for a smaller site
Accommodated at least 20 units per site, or under public ownership.
For projects already approved or proposed, realistic units are determined by the project
proposal.
Contained older buildings with suburban design of single-story buildings and surface parking
lots. Existing underutilized property are assumed to redevelop with the outdated buildings
replaced.
The maximum dwelling units per acre is the net allowable density described per zone in the
San Rafael zoning ordinance.
For sites not already approved or under review, Realistic Capacity is derived from historical
approval trends from 2000 to 2010, which show that since 2000 the City has approved
residential development at 932% of the maximum allowable density, as described above.
Sites identified as eligible for tax credit financing allow for greater than 36 units and scored
more than 15 points using current tax credit competitive scoring guidelines in an analysis
conducted by Non Profit Housing and Green Info.
Sites identified as “PDA” are located within a Priority Development Area, an area designated
by the Association of Bay Area Governments (ABAG) as supportive of sustainable
development that will contribute to the reduction of greenhouse gases. ABAG anticipates
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-14
Sites Inventory and Capacity
that PDA development will receive regulatory streamlining, and that PDAs will receive
funding to assist with needed infrastructure improvements to support the new housing. San
Rafael has two PDAs; each are ½ mile radius around each SMART station. An MTC grant is
funding two station area planning projects for the PDAs.
Constraints list any known conditions that might act as a deterrent to developing new
housing. All sites have ready access to necessary utilities and infrastructure unless otherwise
noted. Commonly listed constraints include:
o Hillside - any site that contains an average slope of 25% or greater.
o Historic - any site listed on San Rafael's Historic/ Architectural Survey.
o CUP required - Conditional Use Permit Required to build housing (requires Planning
Commission approval).
o Biological - signifies that biological mitigation would need to occur in order to build
housing.
o Traffic - lack of available traffic capacity could trigger the need for an Environmental
Impact Report (EIR).
o Wooded - means there are a significant amount of trees on site that could cause
environmental mitigation and/or difficulties with site grading.
o Access- means a road would have to be developed or improved.
o Geologic - signifies sites expecting to require a significant amount of engineering
work due to unsuitable terrain to make the site suitable for housing development.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-15
Sites Inventory and Capacity
Table B3.10:Exhibit LL: Vacant Mixed-Use Inventory, Vacant Underutilized Sites, with planning approvals or under review, or Aavailable for
Ddevelopment
APN Address General Plan Zoning Density
(u/a)
Lot Size
(acres)
Max
Zoning
Capacity
Total
Realistic
Potential
Units
Site Description Constraints
011-275-13
901 Tamalpais/ 706
3rd St
Heatherton
Office HO 72 0.311 232 30
Vacant site that used to host a two
story restaurant, that was demolished
in mid-2000's. Site is one block from
downtown transit center and has
received interest in a variety of
development, including retail, banks
and housing. Site has one of the most
development potential of all zoning
classifications in the City.
parking, access;
traffic capacity
011-263-22 Third St. & Lootens Second/Third
Mixed Use
2/3
MUE 72 0.8 60 51
Vacant; no structures, level site; in
Downtown; suitable for missed use.
Within ¼ mile of transit, market and
services. Eligible for tax credit
financing. PDA site.
Traffic
capacityPDA site
009-191-09
Former
Dodge/Chrysler
Dealership 1075
Francisco Blvd. East
General
Commercial GC 43 1.59 68 63
Vacant. Former auto dealership
Housing developers have expressed
interest in site; Eligible for Tax Credit
Financing.
Traffic Capacity;
noise; air quality
011-023-02 Park and Ride 1867
Lincoln Ave
Public- Quasi-
Public P/QP 24 0.9 22 19 Vacant. Surface parking lot; no
structures. Caltrans ownership.
Parking; steep
slopes; noise; air
quality
011-162-17 Menzes Parking Lot
1429 Mission
Public- Quasi-
Public P/QP 24 0.8 18 16 Vacant. Surface parking lot; no
structures. City ownership.
Loss of City
parking
Total 190169 179160
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-16
Sites Inventory and Capacity
Table B3.11: Underutilized Mixed-Use Sites Available for Development
(New sites for the 2015-2023 Housing Element are highlighted in Blue)
APN Address General Plan Zoning Density
(u/a)
Lot Size
(acres)
Max
Zoning
Capacity
Total
Realistic
Potential
Units
Site Description Constraints
011-256-12
011-256-14
011-256-15
011-256-32
809/815 B St Second/Third
Mixed Use
CSMU/
MUW 72 0.5 36 33
Under review since 2005 in various
forms. There is a current application
filed and under review. An EIR is
needed since the project involves the
demolition of a historic resource. Will
not be built until 2016 at the earliest
Historic
Preservation
011-277-01 930 Tamalpais
(Whistlestop)
Hetherton
Office HO 62 0.35 25 30
Whistlestop is considering applying to
tear down existing senior center and
building new senior center with 50
senior age restricted units above. Site
is right next to the SMART rail station
in downtown San Rafael. No formal
application has yet been submitted.
Traffic capacity;
parking
011-263-21 First Federal
1030 Third St.
Second/Third
Mixed Use CSMU 72 0.7 50 43
Underutilized. Level site, suitable for
mixed use, close to transit. Eligible for
tax credit level parking structure. PDA
site.
None
011-278-01 898 Lincoln Ave. Second/Third
Mixed Use
2/3
MUE 72 0.5 36 31
Underutilized. Level site, suitable for
mixed use. Single-story/surface
parking. One block from transit
station. Eligible for tax-credit
financing. PDA site.
Parking
(outside of
downtown
parking district)
011-192-07 1700 4th St West End
Village WEV 32 0.17 7 10
Site is currently underdeveloped, with
a one story restaurant. Site is flat, and
has the ability to be developed with a
mixed use project.
nNone
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-17
Sites Inventory and Capacity
APN Address General Plan Zoning Density
(u/a)
Lot Size
(acres)
Max
Zoning
Capacity
Total
Realistic
Potential
Units
Site Description Constraints
010-291-49 1826 4th St. West End
Village WEV 43 0.5 22 20
Underutilized. Single story building.
Built in 1925, currently unoccupied,
former retail use.
Narrow site
011-231-16 1800 2nd St. West End
Village WEV 43 0.6 26 24
Underutilized. Site consists of one
single-story building and parking lot.
Former retail use. Eligible for Tax
Credit Financing.
None
011-231-21 1801 4th St West End
Village WEV 43 1.1 47 43
Underutilized. Site consists of one
single-story building and parking lot.
Former retail use. Eligible for Tax
Credit Financing.
None
175-250-14
Northgate 3
400 Las Gallinas
Ave.
General
Commercial GC 43 5.5 237 203
Underutilized. Single-story shopping
center with large surface parking lot,
built in 1968. Within ½ mile of
planned SMART station. Eligible for
tax credit financing. PDA site
Freeway noise;
air quality
175-060-
60,
175-060-67
Northgate Mall
1500 Northgate
Mall
General
Commercial GC 43 31 1,333 200
Underutilized. Unit potential based
on General Plan 2020 site estimate.
Commitment to potential housing
scenarios (rezoning not required).
Eligible for Tax Credit Financing. PDA
site.
Cross Easements
018-051-20 Marin Square
55 Bellam Blvd
General
Commercial GC 43 6.2 267 202 Underutilized. One-story mostly large
surface parking lot. Traffic; access
179-064-01
Hudson Street
Design
(Former Bruener’s
General
Commercial GC 43 1.2 52 45
Underutilized. Large single-story retail
with large surface parking lot, within
a half mile of the future Civic Center
Freeway noise;
air quality
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-18
Sites Inventory and Capacity
APN Address General Plan Zoning Density
(u/a)
Lot Size
(acres)
Max
Zoning
Capacity
Total
Realistic
Potential
Units
Site Description Constraints
Furniture Store)
3773 Redwood
Hwy.
SMART rail station and within ¼ mile
of neighborhood market. PDA site
179-041-27 3833 Redwood
(Marin Ventures) Deleted per changes to the Civic
Center Station Area Plan.
155-141-28
155-141-29
155-141-30
155-141-31
12 Mitchell Blvd. Office O 43 3.6 155 133
Underutilized. Currently a single story
office building on three parcels,
constructed in 1966 on a level site
with freeway access. Parcels under
same ownership; lot -31 is parking for
the building on parcels -28 to -30.
Freeway noise;
air quality
155-141-26 4380 Redwood Office O 43 5.1 219 189 Underutilized. Single story level site
with freeway access.
Freeway noise;
air quality
165-220-11 Marin Commons
1600 Los Gamos Dr. Office PD 32 16.7 585 400
Underutilized. Large mostly vacant
office complex under the site could
accommodate 400 units; housing
developers have expressed interest in
the site.
Freeway nose;
requires master
plan
175-060-32 555 Northgate Dr. Office O 43 2.2 95 81 Underutilized. Level site, close to Civic
Center SMART station. None
175-321-34 820 Las Gallinas Ave Office O 43 1.0 43 37
Underutilized. Level site, only 25%
developed. Across from residential.
Adjacent to Safeway, major transit
stop. Eligible for Tax Credit Financing.
None
175-331-13 670 Las Gallinas
Ave. Office O 43 0.6 26 24
Underutilized. One-Story building and
adjacent parking. Eligible for Tax
Credit Financing. PDA site
Freeway noise
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-19
Sites Inventory and Capacity
APN Address General Plan Zoning Density
(u/a)
Lot Size
(acres)
Max
Zoning
Capacity
Total
Realistic
Potential
Units
Site Description Constraints
175-331-20 550 Las Gallinas Office O 43 0.57 25 23
Underutilized. One-story building and
adjacent parking. Eligible for Tax
Credit Financing. PDA site.
Freeway noise
175-331-21 550 Las Gallinas Office O 43 0.58 25 23
Underutilized. One-story building and
adjacent parking. Eligible for Tax
Credit Financing. PDA site.
Freeway noise
175-331-24 600 Las Gallinas Office O 43 1.3 56 52
Underutilized. One-story building and
adjacent parking. Eligible for Tax
Credit Financing. PDA site.
Freeway noise
010-277-12 2114 4th St. Retail Office C/O 43 0.6 26 24
Underutilized. Level site. One story
fast food restaurant with surface
parking. Eligible for Tax Credit
Financing.
Traffic
014-092-26 Salvation Army
350 4th St. Retail Office C/O 43 1.0 47 41
Underutilized. Owned by a non-profit;
level lot, near transit. Eligible for Tax
Credit Financing. PDA site.
Traffic
008-092-02 Country Club Bowl
145 Belvedere St.
Neighborhood
Commercial NC 24 2.4 58 53
Significant amount of pavement and
surface parking area. One story; built
in 1959.
Traffic
014-12-28 Harbor Center 555
Francisco Blvd. East Marine M-C 15 2.2 33 30 Underutilized. One story shopping
center. Level lot with Canal frontage
Freeway noise;
air quality; flood
zone
Total 3,531 1,994
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-20
Sites Inventory and Capacity
[This page was left blank intentionally]
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-21
Sites Inventory and Capacity
3.5. Housing Opportunity Sites Map.
Figure B3.1: Housing Opportunity Sites Map (Overview)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-22
Sites Inventory and Capacity
Figure B3.2: Housing Opportunity Sites Map (North)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-23
Sites Inventory and Capacity
Figure B3.3: Housing Opportunity Sites Map (West)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-24
Sites Inventory and Capacity
Figure B3.4: Housing Opportunity Sites Map (East)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-25
Sites Inventory and Capacity
Figure B3.5: Housing Opportunity Sites Map (North-East)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-26
Sites Inventory and Capacity
4.6. Zoning to Accommodate Housing Lower Income Households
State law requires cities to demonstrate that sites in their land inventory can accommodate some
portion of their share of units for lower income households. California Government Code Section
65583.2(c) establishes minimum or “default” densities that are deemed appropriate to
accommodate housing for lower income households. This is based on the recognition that higher
densities provide the potential for lower construction costs through economies of scale and
reduced per-unit land cost, which can then lower the rental or sale price of the units. For San
Rafael, the default density according to state law is a least 30 units per acre based on Government
Code Section 65583.2(c)(3)(B)(iv).
Examples of recent projects developed at 30 units or more per acre, with affordability levels,
include the following:
Table B3.12: Exhibit MM: Residential Development at 30+ Units/Acre, 1992 – 20092013
Project Name,
Location or Name
APN
Very
Low
Income
Low
Income
Moderate
Income
Market
Rate at/or
above 30
units/acre
TOTAL
Net
Density
Note
Centertown
815 C Street
011-254-19 12 29 19 19 60 71 62% density
bonus
Clocktower
729 Lincoln at
Fourth Street
011-275-01 3 2 25 30 44 Mixed-use
project
Boyd Court
1115 B
Street
011-300-01
to 25
2 5 18 25 69 25% density
bonus
Rafael Town Cntr
998 Fourth and
Court Streets
011-222-04 19 19 75 113 164 12’ ht
bonus
66% density
bonus
Mixed-use
project
Lone Palm Apts.
840 C Street
011-256-35 24 12 12 12 60 61 40% density
bonus
Albert Lofts
931 Second Street
013-012-33 17 94 111 76 Mixed-use
project
Muir Terrace
1110-1126
Mission Ave.
011-310-01
to -13
1 12 13 43 Tandem
parking
33 San Pablo 0 8 8 66 82
Source: Community Development Department, 20092014
San Rafael’s RHNA requirement for lower-income households is 469569 units. The totalexhibit
below demonstrates that total of housing opportunity sites available for development zoned at
30+ units/acre, with the potential for projects of 20 or more units on the site, is 2,3172,274 units.
Therefore, San Rafael has identified sufficient sites at densities above the default density to
accommodate the RHNA requirement for housing for lower-income households.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-27
Sites Inventory and Capacity
The five residential sites with densities of 30 or more units per acre, with the potential for projects
of 20 or more units on site, have a total realistic zoning capacity of 229 units. Although the
maximum zoning capacity is over 600 units when multiplying the density by lot size, a more
realistic expectation is 229 units because of site constraints. In particular, the Elks Club sites (1312
Mission Ave) is largely restricted by steep slopes and previous applications to develop on the site
have suggested that 67 units is a reasonable figure. Table B3.13 shows the realistic potential units
of available sites with densities over 30 units per acre.
Table B3.13: Vacant or Underutilized Residential Sites at 30+ Units per Acre Available for
Development
Address Zoning Density Lot Size
(acres)
Max
Zoning
Capacity
Total
Realistic
Potential
Units
Elks Club – 1312 Mission Ave HR 43 10.5 80 67
Lincoln Hill Community Church
- 1411 Lincoln Ave HR1 43 1.4 60 52
220 Shaver St HR1 43 0.9 39 33
Villa Inn & Restaurant - 1600
Lincoln Ave HR1 43 1.2 51 44
Colonial Motel - 1735 Lincoln
Ave HR1 43 0.6 26 33
Total 256 229
Source: City of San Rafael Community Development Department, 2014
The 25 mixed use sites with densities of 30 or more units per acre, with the potential for
projects of 20 or more units on site, have the potential for a large number of affordable units.
The total realistic capacity of these sites is 2,045. Among the larger sites are Northgate 3 (400
Las Gallinas), Northgate Mall, Marin Square, 4380 Redwood and Marin Commons. Table B3.14
lists these vacant or underutilized mixed use sites.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-28
Sites Inventory and Capacity
Table B3.14: Vacant or Underutilized Mixed Use SitesResidential Development at 30+ Units per
Acre Approved or Under Construction in 2014Available for Development
Address Zoning Density Lot Size
(acres)
Max
Zoning
Capacity
Total Realistic
Potential
Units
901 Tamalpais/ 706 3rd St HO 72 0.311 22 30
Third St. & Lootens 2/3 MUE 72 0.8 60 51
Former Dodge/Chrysler
Dealership 1075 Francisco
Blvd. East
GC 43 1.59 68 63
809/815 B St CSMU/
MUW 72 0.5 36 33
930 Tamalpais (Whistlestop) HD 62 0.35 25 30
First Federal - 1030 Third St. CSMU 72 0.7 50 43
898 Lincoln Ave. 2/3 MUE 72 0.5 36 31
1826 4th St. WEV 43 0.5 22 20
1800 2nd St. WEV 43 0.6 26 24
1801 4th St WEV 43 1.1 47 43
Northgate 3 - 400 Las
Gallinas Ave. GC 43 5.5 237 203
Northgate Mall 1500
Northgate Mall GC 43 31 1,333 200
Marin Square - 55 Bellam
Blvd GC 43 6.2 267 202
Hudson Street Design 3773
Redwood Hwy. GC 43 1.2 52 45
12 Mitchell Blvd. O 43 3.6 155 133
4380 Redwood O 43 5.1 219 189
Marin Commons 1600 Los
Gamos Dr. PD 32 16.7 585 400
555 Northgate Dr. O 43 2.2 95 81
820 Las Gallinas Ave O 43 1 43 37
670 Las Gallinas Ave. O 43 0.6 26 24
550 Las Gallinas O 43 0.57 25 23
550 Las Gallinas O 43 0.58 25 23
600 Las Gallinas O 43 1.3 56 52
2114 4th St. C/O 43 0.6 26 24
Salvation Army - 350 4th St. C/O 43 1 43 41
Total 3,579 2,045
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-29
Sites Inventory and Capacity
Source: City of San Rafael Community Development Department, 2014
Exhibit NN: Sites to Accommodate Housing for Lower-Income Households
APN
Street Address
and/or
Project Name
General Plan
Designation
Zoning
District
Density
(u/a)
Lot Size
(Acres)
Maximum
Zoning
Capacity
Total
Realistic
Units
011-184-09 1203-1211 Lincoln High Density
Residential HR1 43 0.7 30 36
011-131-04 Elks Club
1312 Mission Ave.
High Density
Residential PD 43 10.5 451 52
011-064-06 Colonial Motel
1735 Lincoln Ave.
High Density
Residential HR1 43 0.6 26 33
011-141-46
Lincoln Hill Community
Church
1411 Lincoln Ave
High Density
Residential
HR1
43
1.4
60
52
011-245-38 220 Shaver St. High Density
Residential HR1 43 0.9 39 33
011-076-11 Villa Inn & Restaurant
1600 Lincoln Ave.
High Density
Residential HR1 43 1.2 51 44
011-275-13
Former Salute
Restaurant
901 Tamalpais/
706 Third Street
Hetherton Office
HO
72
0.3
23
28
011-256-12 809 B St. Second/Third Mixed
Use
CSMU/ 2/3
MUW 72 0.5 36 40
011-263-21 First Federal
1030 Third St.
Second/Third Mixed
Use CSMU 72 0.7 50 43
011-278-01 898 Lincoln Ave. Second/Third Mixed
Use 2/3 MUE 72 0.5 36 31
011-263-22 Third St. & Lootens Second/Third Mixed
Use 2/3 MUE 72 0.8 60 51
011-231-21 1801 4th St. West End Village WEV 43 1.1 47 43
011-291-49 1826 4th St. West End Village WEV 43 0.5 22 20
175-250-14 Northgate 3
400 Las Gallinas Ave. General Commercial GC 43 5.5 237 203
009-191-09
Former Dodge/Chrysler
Dealership
1075 Francisco Blvd.
East
General Commercial
GC
43
1.59
68
63
175-060-60 Northgate Mall
1500 Northgate Mall
General Commercial
GC
43
31
1,333
200
018-051-20 Marin Square
55 Bellam Blvd. General Commercial GC 43 6.2 267 202
179-064-01
Former Bruener's
Furniture Store
3773 Redwood Hwy.
General Commercial
GC
43
1.2
52
45
179-041-27 3833 Redwood Hwy. General Commercial PD 32 2.2 70 61
155-141-28
155-141-29
155-141-30
155-141-31
12 Mitchell Blvd.
Office
O
43
3.6
155
133
155-141-26 4380 Redwood Office O 43 5.1 219 189
175-060-32 555 Northgate Dr. Office O 43 2.2 95 81
175-321-34 820 Las Gallinas Ave. Office O 43 1.0 43 37
175-331-13 670 Las Gallinas Office O 43 Office 0.6 26
175-331-20 550 Las Gallinas Office O 43 Office 0.57 25
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-30
Sites Inventory and Capacity
175-331-21 550 Las Gallinas Office O 43 Bank 0.58 25
175-331-24 600 Las Gallinas Office O 43 Bank 1.3 56
165-220-11
165-220-13
Marin Commons
1600,1650
Los Gamos Dr.
Office
PD
32
16.7
585
400
010-277-12
2114 4th St.
Retail/Office
C/O
43
0.6
26
24
014-092-26 Salvation Army
350 4th St. Retail/Office C/O 43 1.1 47 41
TOTAL 2,317
One incentive that the City offers to encourage affordable housing is to allow developments that
meet affordability criteria to develop at higher densities (“density bonus”). Projects that receive
such density bonuses must guarantee units at below market rate prices for a specified period of
time. This allows cost items such as land, site design and long-term management and maintenance
costs to be shared across a larger number of units, thereby bringing down the per-unit cost, and
making it easier to achieve affordability goals. San Rafael requires that projects of 20 or more
units provide inclusionary units. Thus, projects of 20 units or more automatically qualify for San
Rafael’s density bonus ordinance which provides for reduced parking standards, a height bonus,
or other regulatory assistance. Because State regulations do not include density bonus units in
housing potential, the housing unit estimate below for development above 20 units is less than
what will be built, based on past results.
5.7. Second Dwelling Units
Second units are “accessory” or subordinate to a main single-family dwelling unit developed on a
lot or parcel. San Rafael allows “second dwelling units” with ministerial approval (“by-right”), or
with a use permit for certain designs, in all residential districts. There are approximately
10,50011,000 single-family homes in San Rafael. Approximately 9,000 of these homes were
located on lots of at least 5,000 square feet, the minimum lot size requirement to establish a
second unit. Because second units are added to already existing single-family homes, they have
ready access to all essential public facilities and services.
Sixty-five second units have been approved between 2000 and 2013. Forty-three of these units
were attached to a primary dwelling unit, while the remaining units were detached structures.
Unit sizes ranged from 340 to 1,000 square feet, with an average size of 600 square feet.
New unit production only accounted for half of the second units approved between 2007 and
2013. Of the 34 second units approved, 18 units were new and 16 units were legalized units. Units
that were legalized abide by development standards in the City’s Municipal Code.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-31
Sites Inventory and Capacity
Table B3.15: Type of Second Unit Approval
New Legalized Total Number
of Second Units
Approved 2007 4 1 5
2008 3 3 6
2009 3 2 5
2010 4 3 7
2011 1 4 5
2012 2 3 5
2013 1 0 1
Total 18 16 34
Source: City of San Rafael Community Development Department, December 2013
The City estimates that 45 second units will become available in the housing market during the
housing planning period covered in this Housing Element. This estimate is based on the following
factors:
• Between 2003 and 2008, 36 second units were approved, for an average of 6 units per year.
(Second Dwelling Unit Progress Report, 2009).
• Second unit fees were reduced by three agencies, in response to general plan policy.
• The Housing Element includes new general plan programs to increase production of second
units.
Note that of the 45 second units projected for 2009 – 14, 16 have been approved as of the end of
2010. Therefore, an estimated additional 29 second units is anticipated for the planning period.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B3-32
Sites Inventory and Capacity
B. INFRASTRUCTURE AVAILABILITY
Infrastructure, service and utility needs for future development are addressed in the San Rafael
General Plan. They do not represent a constraint to development as policies and programs are in
place to assure that adequate infrastructure and services will adequately serve new in-fill
development consistent with San Rafael’s share of the regional housing need. Traffic, in particular,
continues to be a community-wide concern. Sites closer to transit and services offer opportunities
to provide housing with limited impacts on traffic.
The Marin Municipal Water District (MMWD), a special purpose district, provides water service
throughout Central and Southern Marin County. A member of the City Council acts as a liaison
between the City and the District. In order to be eligible for water service, a property must front
on an existing water main and the structure to be served must be within 125 feet of the main. The
standard connection fee for a new residential unit is $3,850, though reduced fees are available
for developments providing affordable housing (MMWD, 2009). $29,260 per acre foot of
estimated annual consumption (MMWD, 2014)., The schedule of service installation charges is
shown in the following:
Table B3.16: MMWD Schedule of Service Installation Charges in 2014
Meter Size Charge*
5/8" x 3/4" $4,350
3/4" $4,370
1" $4,420
1 1/2" $5,290
2" and larger Estimated
Source: Marin Municipal Water District, June 2014
*Additional change for meter relocation requiring two street openings is $2,020
During past periods of drought, temporary restrictions were placed on new water connections.
Currently, despite several years of below average rainfall, there is no moratorium on new hook-
ups. However, in 2009 the Sonoma County Water Agency (which supplies MMWD with 25 percent
of its freshwater from the Russian River) announced that due to drought conditions, delivery to
all its customers would be cut by 30 to 50 percent. Despite this reduction, wWater services are
not anticipated to affect new housing in San Rafael throughout the remainder of the current
planning period. MMWD has completed engineering and environmental analysis on a desalination
plant to meet future water needs. Although development of the plant is on pause due to lack of
demand, MMWD plans to pursue the project if current water supply becomes inadequate to meet
the necessary demand. Currently, Marin County has enough water supply options for the
foreseeable future.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B4-1
Housing Resources
APPENDIX B-4. HOUSING RESOURCES
This “Housing Resources” chapter describes the resources available for development,
rehabilitation, and preservation of housing in San Rafael, including financial and administrative
resources available to facilitate housing production and housing-related services; and
opportunities for energy conservation in existing and new residential development as a means of
reducing housing costs.
A. FINANCIAL RESOURCES
The ability of the City of San Rafael to achieve its housing goals and objectives will, to a large
extent, depend on the financial resources that are available to the City and its residents.
The foremost local source of funds for affordable housing in San Rafael has traditionally been its
Redevelopment Agency’s Low- and Moderate-Income Housing Fund which generated
approximately $1 million per year for housing activities, including rehabilitation of existing
affordable units, homeownership assistance, assistance with acquisition-rehabilitation projects
and development of affordable rental and special needs housing. However, due to passage of
Assembly Bill (AB) 1 26, as of February 1, 2012, redevelopment agencies across California have
been eliminated, removing the primary local tool for creating affordable housing. The former San
Rafael Redevelopment Agency has approximately $425,000 remaining in former RDA housing
funds, which will be spent on managing the affordable Below Market Rate (BMR) ownership
program and preserving affordability for the ownership units.
Given the loss of this key funding source, San Rafael's affordable housing requirements on market
rate residential development to include affordable units and for job-producing commercial
development to contribute financially to affordable housing programs become even more critical.
More specifically, the City's Affordable Housing Ordinance (section 14.16.030 of the Zoning Code)
requires residential developments of two or more units to provide between 10-20% affordable
units on-site (depending on project size), with fractional affordable housing requirements of 0.5
or less permitted to be satisfied through payment of an Affordable Housing In-Lieu Fee. San
Rafael's on-site inclusionary requirements have resulted in the creation of over 1,000 deed
restricted affordable housing units.
New, non-residential construction of 5,000 square feet or larger is also subject to the City's
Affordable Housing Ordinance, and is required to provide 20% of the total number of residential
units needed to provide housing for lower to moderate income project employees. Developers
of non-residential development typically choose to pay the Affordable Housing In-Lieu Fee rather
than provide the units. The current (2014) in-lieu fee for 1 affordable unit is $254,599.
Affordable Housing In-Lieu Fees generated from non-residential development and fractional
inclusionary units are placed in a segregated Citywide housing in-lieu fee account to be used to
increase the supply of housing affordable to very low, low and moderate income households. San
Rafael's Housing In-Lieu Fee Fund has a current balance of approximately $1.2 million. Given the
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B4-2
Housing Resources
limited remaining vacant commercial sites, the City estimates an additional $100,000 could be
generated in Affordable Housing In-Lieu Fees during the planning period.
The following describes the other primary financial resources available to San Rafael to support
its housing programs.
Community Development Block Grant (CDBG) Program
The CDBG program provides funding for the construction, acquisition or rehabilitation of housing
serving low income (80% AMI) households. The City of San Rafael and the County of Marin entered
into a Cooperative Agreement to jointly undertake community development and housing
assistance activities. This cooperative agreement covers both the CDBG program and the HOME
program. In 2014/2015, Marin County received approximately $1.3 million in CDBG funding. After
subtracting administrative expenses, the funds are divided so that 40% goes to housing on a
countywide basis and the remaining 60% goes to six local planning areas, including the City of San
Rafael, to be used for housing, capital, and public service projects. At least 30% of each planning
area's funds must be used for housing.
San Rafael's 2014/15 CDBG allocation was approximately $220,000, a significant reduction from
the $400,000 the City received as recently as 2011. The City allocates 85% of its CDBG funds for
housing and capital grants, and 15% for public services. Housing allocations of approximately
$120,000 fund countywide programs including the Rehabilitation Loan Program, Fair Housing, and
Residential Accessibility Improvements.
HOME Program
The HOME program is a federally funded program that provides funding for the construction or
acquisition of housing to be occupied by low income households. HOME funds are allocated by
the County of Marin for specific developments. San Rafael has successfully utilized HOME funds
on several affordable housing acquisitions. Potential changes to the County’s priorities for Federal
housing funds may negatively affect San Rafael’s ability to compete for future HOME funding. At
the request of the Federal Department of Housing and Community Development (“HUD”), the
County recently completed an Analysis of Impediments to Fair Housing Choice (AI). This
comprehensive planning document was commissioned by the County as part of its mandate to
affirmatively further fair housing. The AI identifies barriers to fair housing choices in Marin County
and provides recommendations for addressing those barriers. Some of the recommendations in
the AI may result in Federal housing funds being shifted from areas of the County with a larger
proportion of minority inhabitants to areas of the County with a less diverse populace. This shift
may negatively affect San Rafael’s ability to use Federal funds to address affordable housing needs
in our community.
Marin Workforce Housing Trust
The Marin Workforce Housing Trust is a public/private partnership that has been created to meet
the challenges of housing affordability for workers in Marin County. The primary partners include
the County of Marin, the Marin Community Foundation, and a group of major employers.
Through a revolving loan fund, the Trust provides low‐interest rate loans to nonprofit and for‐
profit developers who are constructing homes affordable to lower income families, as well as
special needs populations. Every dollar that is contributed to the Housing Trust is matched by both
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B4-3
Housing Resources
the Marin Community Foundation and the County of Marin, thereby tripling the value of each
donation.
Priority Development Areas
San Rafael is a participating jurisdiction in the FOCUS regional planning initiative facilitated by the
Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Authority
(MTC). Downtown San Rafael within 1/2 mile surrounding the future SMART station has been
designated a Priority Development Area (PDA). The objective of the program is to promote
compact land use patterns around transportation. Funding is periodically available through
regional sources for housing projects or activities within PDAs.
Low Income Housing Tax Credits
State and Federal tax credits enable sponsors/developers of low income rental housing to raise
project equity through the sale of benefits to investors. Both 4% and 9% credits are available for
acquisition/rehabilitation and new construction, and are administered by the Tax Credit
Allocation Committee through a competitive process. In San Rafael, tax credits have been used in
numerous projects to leverage local funding.
Assistance from Local Philanthropies
The Marin Community Foundation and its community partners have been instrumental in
providing financial assistance for the acquisition or rehabilitation of affordable housing in Marin
County. This type of funding is critical to the success of affordable housing in the County.
New Funding Opportunities
San Rafael will continue to explore new funding sources and programs, and opportunities to
partner with the private sector and local non-profit organizations. Examples of new funding
opportunities recently announced at the State level include:
Multi-family and Supportive Home Development
The 2014-15 State budget includes $100 million of General Fund revenues committed to
funding development through the Multifamily Housing Program (MHP) and MHP-
Supportive Housing, with half of the total allocation going to MHP and the other half to
MHP-Supportive Housing. This money will be administered by the State Department of
Housing and Community Development to build homes for low-income families and
homeless individuals who will benefit from supportive services.
Transit-Oriented Housing Development
$135 million in cap-and-trade auction revenues in 2014-15 and 20 percent of ongoing
receipts will be dedicated for affordable homes and other components of sustainable
communities, including bike and walking improvements, transit, and planning. At least
half of the 20 percent (or roughly $200-300 million/year) is specifically dedicated to
affordable homes built near robust transit lines.
CalWORKs Homelessness and Housing Support
The 2014-15 budget includes a General Fund appropriation of $20 million to support
CalWORKs participants who face homelessness or housing instability as a barrier to self-
sufficiency. County welfare agencies will work closely with the state Department of Social
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B4-4
Housing Resources
Services to implement evidence-based models like those used by HUD for rapid
rehousing. Support can include everything from rental assistance and security deposits to
housing stabilization funds and relocation assistance for families moving from welfare to
work, among others.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B4-5
Housing Resources
B. ADMINISTRATIVE RESOURCES
The Bay Area is home to numerous nonprofit housing developers who have produced thousands
of high-quality affordable housing projects over the past 40 years. These non-profit agencies can
serve as resources in helping San Rafael to address its housing needs, and in the implementation
of its Housing Element programs. Several non-profits already have a track record of producing
and managing affordable housing in San Rafael, including EAH, BRIDGE Housing and Mercy
Housing.
The Ecumenical Association for Housing (EAH) is a well-known affordable housing non-profit
developer with projects in Marin County and the western United States. EAH currently owns and
manages two affordable family projects in San Rafael - Riviera Apartments and Turina House, and
Lincoln Avenue apartments for persons with developmental disabilities.
BRIDGE Housing is one of the largest affordable housing developers in the State, having produced
over 13,000 units since its founding in San Francisco over two decades ago. The City of San Rafael
and its former Redevelopment Agency has partnered with BRIDGE on two projects to date -
Belvedere Place and Casa Vista Apartments, providing 66 units affordable to lower income
families.
Mercy Housing is a national housing organization involved in the development, preservation,
management and financing of affordable housing for low-income families, seniors and people
with special needs. In San Rafael, Mercy provides 60 units of housing for very low income seniors
at Maria B. Freitas housing.
The Marin Housing Authority (MHA) owns and manages two affordable rental developments in
San Rafael – Sundance (family) and Golden Hinde (senior/disabled). The City also contracts with
MHA to monitor deed restricted affordable rental and ownership housing provided through the
City’s inclusionary housing program.
Several non-profit organizations provide housing and supportive services for special needs
populations in San Rafael, including Buckelew, Lifehouse, Centerpoint, the Marin Center for
Independent Living, and Homeward Bound.
The Nonprofit Housing Association of Northern California (NPH) serves as a local networking
agency, advocacy group and resource organization for affordable housing developers in the Bay
Area. In addition, the North San Rafael Village (part of the Marin Villages non-profit) can also
serve as a resource to the City in implementing its senior-oriented housing programs.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B4-6
Housing Resources
C. ENERGY CONSERVATION
1. Climate Change and Sustainable Housing
Climate change, known alternatively as “global warming,” has become a significant political issue
on regional, national, and global level. This global phenomenon encompasses accelerated changes
in weather patterns, including precipitation and temperature, and increases in sea level as icecaps
melt due to warmer temperatures at the Earth’s poles. These changes threaten global agricultural
production, the availability of fresh water, the spread of disease, and causing the mass
displacement of populations as areas become inhospitable to human survival. A global scientific
consensus pinpoints the anthropogenic (human-based) emission of greenhouse gases from
industrial, agricultural, and transportation activity (including carbon dioxide, methane, and water
vapor) as the most important contributor to accelerated climate change. As awareness of the
impacts of climate change has grown, a simultaneous awareness of the concept of “sustainability”
has also grown. Practicing sustainability can be generally defined as making choices in the way we
live our lives that do not negatively impact the quality of life of future generations.
In response to growing concern over the impacts of climate change, governments at all
community levels have written legislation or made international agreements (such as the Kyoto
Protocol between members of the United Nations, and the Cities for Climate Protection program
for members of ICLEI- Local Governments for Sustainability) that aim to reduce greenhouse gas
emissions and pursue a more sustainable way of life. While there are currently no federal laws
addressing climate change in the U.S., the state of California passed its own greenhouse gas
reduction bill (AB32) in 2006, which aims to reduce greenhouse gas emissions statewide to 1990
levels by 2020.
In April of 2009, the City adopted its own Climate Change Action Plan, which assessed the City’s
greenhouse gas “footprint” and proposed policies and programs to reduce emissions of
greenhouse gases citywide by 25% from 2005 levels by 2020. The plan outlines specific programs
for attaining sustainable lifestyles, building standards, environmental protection, and economic
development within the City. Significantly, analysis showed that the area with the most potential
for greenhouse gas emission reduction was in increasing building efficiency (by reducing
dependence on non-renewable energy sources and increasing the supply of renewable sources),
while changes in lifestyle (including adopting City policies promoting compact, mixed-use, and
transportation oriented development) represent another significant opportunity for reductions.
The City has already adopted and implemented several policies that promote sustainable building
standards and lifestyle choices. San Rafael’s ordinance incorporated the California Green Building
Standards (CalGreen) code regulations to guide sustainable construction practices. The City has
had a history of promoting sustainability within the community. Prior to adopting the Climate
Change Action Plan, the City was one of the first cities in the Bay Area to adopt a mandatory Green
Building Ordinance in 2007. The ordinance requires that all new residential buildings be Green
Point Rated, and all new commercial or civic buildings be LEED (Leadership in Energy &
Environmental Design) certified. This ordinance was significantly updated in February 2010,
increasing requirements for new buildings and applying green building requirements for
residential and commercial remodeling projects as well. In addition, the City led a county-wide
collaborative process of local governments and building industry professionals called Marin Green
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B4-7
Housing Resources
BERST (Building, Energy, Retrofit, and Solar Transformation), to create uniform green building
standards to serve as a blueprint for jurisdictions throughout the county. Marin Green BERST,
along with LEED and Build-It-Green regulations, has been replaced with more stringent CalGreen
standards in 2013.
Housing has far-reaching impacts on the quality of our lives, from the resources used to construct
and power our homes, to the quality of the air and water in both the built and natural
environment, to the transportation patterns created by the location of our homes. “Sustainable”
housing can be defined as housing that minimizes these impacts in order to allow future
generations to enjoy the same, or better, quality of life as we do now. By adopting housing policies
proposed by the Climate Change Action Plan that encourage energy efficient building standards,
and promote mixed-use and transportation oriented developments that reduce reliance on the
automobile, the City is committed to improving the lives of community members both present
and future.
2. Opportunities for Energy Conservation
Housing Elements are required to identify opportunities for energy conservation. Since the
deregulation of energy companies in 1998, the price of energy rose significantly. Consequently,
energy costs now account for a substantial portion of housing costs. Effective energy conservation
measures built into, or added to, existing housing can help residents manage their housing costs
and help keep operating costs affordable for lower income households. There are a number of
programs offered by local organizations, the local energy provider (PG&E) and by the State of
California that provide cost-effective energy saving programs for qualifying households.
The City of San Rafael is encouraging energy conservation in new and existing housing with the
following strategies:
(1) Though Adoption, in 2009, of a Climate Change Action Plan to reduce San Rafael’s energy
consumption and Green House Gas emissions in accordance with AB32 and SB375.
(2) Through participation in Marin Green BERST, a countywide collaborative of jurisdictions
and local industry experts to create uniform green building standards for use throughout
the County. Through adoption of the mandatory measures in CalGreen into the City’s
Green Building Ordinance. In 2013, the City adopted CalGreen to lay out the standards for
new residential and non-residential construction projects. The change from the former
“BERST” green building ordinance to CalGreen allows the City to keep up with stringent
statewide design standards and provide consistent design standards from the State’s
code.
(3) Through Adoption of Ordinance No. 1879 and No. 1881, which created ‘Green Building
Requirements’ in the San Rafael Municipal Code with the goal of increasing energy efficiency in
buildings, encouraging water and resource conservation, reducing waste generated by
construction projects, reducing long-term building operating and maintenance costs, improving
indoor air quality and occupant health, and contributing to meeting the state and local
commitments to reduce greenhouse gas production and emissions.
(34) Through application of State residential building standards that establish energy
performance criteria for new residential and commercial buildings (Title 24 of the
California Administrative Code).
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B4-8
Housing Resources
(45) Through the Housing Rehabilitation Loan Program that assists in the rehabilitation of
older housing units, which can include energy efficiency improvements.
(56) Through appropriate land use policies and development standards that reduce energy
consumption, such as promoting more compact, walkable neighborhoods, with housing
close to transit, jobs, community facilities and shopping; encouraging in-fill development;
planning and zoning for multi- use and higher density development; permitting common
walls and cluster development; and promoting passive and active solar design elements
and systems in new and rehabilitated housing.
Energy conservation programs are also offered by State and Federal agencies. For example, State
and federal appliance standards now require manufacturers to produce and sell appliances
according to specified energy-consumption performance criteria. Additionally, the State
Department of Community Services and Development manages the Low Income Home Energy
Assistance Program, a federally funded program that helps low income residents pay delinquent
energy bills to avoid interruption of service, provides weatherization services, and provides direct
payments to offset monthly utility costs for qualifying households.
PG&E, the local utility provider, manages the Energy Watch Partnership Program that provides
free education and weatherization services to income-qualified households. The program offers
a free home energy audit and can include services such as attic insulation, weather stripping, and
minor home repairs (in some cases free replacement and installation of appliances).
Through these and other conservation measures the City seeks to help minimize the percentage
of household income that must be dedicated to energy costs as well as minimize the use of
nonrenewable resources. See CON-18, 19, 23, 24 for specific policy goals and programs related to
energy conservation.)
3. Energy Conservation Programs
a. Pacific Gas and Electric Programs
The California Alternate Rates for Energy (CARE) Program
The PG&E CARE program provides a monthly discount on energy bills for income-qualified
households and housing facilities.
The Relief for Energy Assistance through Community Help (REACH) Program
REACH provides emergency energy assistance to low-income families within the PG&E service
area who are in jeopardy of losing their electricity services. REACH is a one-time energy-assistance
program sponsored by PG&E and administered through the Salvation Army from 170 offices in
northern and central California. Those who have experienced an uncontrollable or unforeseen
hardship may receive an energy credit up to $200, credit amount based on the past due amount
of the bill. REACH assistance may be available once within an 18 month period, but exceptions
can be made for seniors, the physically challenged and the terminally ill.
Energy Savings Assistance Program
PG&E's Energy Savings Assistance Program provides income-qualified renters and homeowners
with easy, free solutions to help manage their energy use and save money on their monthly energy
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B4-9
Housing Resources
bills.
Income qualified households may be eligible for the following services:
Home, apartment or mobile home improvements including fluorescent lights, caulking,
showerheads, minor home repair.
Replacement of old refrigerators, furnaces and/or water heaters.
Energy saving tips.
The Balanced Payment Plan (BPP)
Customers who enroll in the Balanced Payment Plan eliminate big swings in home and business
payments by averaging energy costs over the year. PG&E averages the customer’s energy costs in
the previous 12 months to arrive at a monthly balanced payment amount. Energy meters will be
read monthly and actual energy costs will be shown in the bill, but customers will only pay the
Balanced Payment Plan amount. PG&E monitors the account for appropriate changes to the BPP
no more than once every four months. Customers enrolled in CARE are also eligible for BPP.
The Low-Income Home Energy Assistance Program (LIHEAP) Block Grant
The LIHEAP Block Grant is funded by the federal Department of Health and Human Services
(DHHS) and provides two basic types of services. Eligible low-income persons, via local
governmental and nonprofit organizations, can receive financial assistance to offset the costs of
heating and/or cooling dwellings, and/or have their dwellings weatherized to make them more
energy efficient. LIHEAP accomplishes its goals through three programs: a Weatherization
Assistance Program, a Home Energy Assistance Program, and an Energy Crisis Intervention
Program.
The Family Electric Rate Assistance (FERA) Program
The FERA program provides a monthly discount on electric bills for low to moderate income
households of three or more persons.
b. Marin Energy Authority Programs
The Marin Clean Energy Authority (MCE) is a nonprofit energy provider that strives to provide
electricity to residents in Marin County from renewable energy sources. MCE aims to reduce
greenhouse gas emissions to address climate change. The agency works to secure energy supply,
price stability, energy efficiencies and local economic and workforce benefits. Customers of MCE
can choose to have 50 percent to 100 percent of their electricity come from clean sources such as
solar, wind, bioenergy, geothermal and hydro at competitive rates. MCE determines the energy
source and partners with PG&E to bill and deliver the energy. MCE serves approximately 125,000
customers in Marin County and the City of Richmond.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B4-10
Housing Resources
c. Other Energy Conservation Programs
California Youth Energy Services "Green House Call"
California Youth Energy Services (CYES) trains young adults ages 15 to 22 to perform "Green House
Calls," which offer energy and water efficiency evaluations. This program includes the free
installation of energy and water saving equipment. CYES has an office in Marin County and works
with participating cities.
Smart Lights Program
The Smart Lights Program offers free start-to-finish technical assistance and instant rebates to
help defray the cost of upgrading and/or repairing existing equipment for businesses. This
program offers assistance with comprehensive lighting retrofits, refrigeration tune-ups, controls
and seals replacement, domestic hot water heater replacements, and referrals to appropriate
HVAC programs.
Energy Upgrade California
Energy Upgrade California is a statewide program that offers incentives to homeowners who
complete comprehensive energy-saving home improvements on a single-family residence. These
incentive packages encourage customers to take a “whole house” approach by combining several
related improvements at once to increase a home’s overall energy efficiency and achieve greater
savings.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B4-11
Housing Resources
[This page intentionally left blank]
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-1
Evaluation of Accomplishments under Adopted Housing Element
APPENDIX B-5. EVALUATION OF ACCOMPLISHMENTS UNDER
ADOPTED HOUSING ELEMENT
In order to develop an effective housing strategy for the 2015 to 2023 planning period, San Rafael
assessed the achievements of its existing housing programs laid out in the 2009-2014 Housing
Element. This assessment will determine the effectiveness of the existing programs, whether they
are appropriate for continuation, and whether necessary adjustments are needed for the next
planning period.
Under State Housing Element law, communities are required to assess the achievements under
their adopted housing programs as part of the eight-year update to their Housing Elements. These
results should be quantified where possible (for example, the number of units that were
rehabilitated), but may be qualitative where necessary (for example, the mitigation of
governmental constraints). The results are then compared with what was projected or planned in
the earlier Housing Element. Where significant shortfalls exist between what was planned and
what was achieved, the reasons for such differences must be documented.
The City’s current Housing Element was adopted in 20042011. The first step in updating the
Housing Element is to conduct a thorough and critical evaluation of the 2009-2014 Housing
Element. What worked well? What didn’t? What could be done better? What’s missing?
Areas of consideration to address through the evaluation process and in the new Housing Element
include the foloowing:
(1) Appropriateness of Goals, Objectives, and Policies. A description of how the goals,
objectives, policies, and programs of the updated element incorporate what has been learned
from the results of the prior element.
(2) Effectiveness of the Element. A review of the actual result of the earlier element’s goals,
objectives, policies and programs. The results should be quantified where possible (e.g.,
rehabilitation results) but may be qualitative where necessary (e.g., mitigation of governmental
constraints).
(3) Progress in Implementation. An analysis of the significant differences between what was
projected or planned in the earlier element and what was achieved.
A. SUMMARY OF ACCOMPLISHMENTS
The City of San Rafael is cognizant of the many converging and competing interests, desires and
views in the City relating to development of housing, preservation of the character of San Rafael’s
neighborhoods, ease of getting around, and protection of environmentally sensitive areas.
To encourage housing in the Downtown, General Plan incentives were adopted in 1988, 1996 and
2004 that: (1) allow height and density bonuses for affordable housing; (2) encourage mixed-use
development by modifying development potential calculations; (3) reduce the parking
requirement for downtown units; (4) provide live/work opportunities; (5) provide for single-room
occupancy units; and (6) specify density and other regulatory bonus incentives for affordable
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-2
Evaluation of Accomplishments under Adopted Housing Element
housing. In addition, in 2001, the General Plan was amended to review inclusionary requirements
to better target new rental housing to very low and low- income households.
Community Development and Redevelopment Agency staff works closely with housing advocates
and developers to create financially viable projects and obtain a variety of financial support,
including loans, grants, tax credits and outright purchases.
Exhibit CC: Affordable Housing Units Built or Approved, San Rafael and Marin County (1999-2006)
Very Low Income Low Income Moderate Income Total Units
San Rafael 25 87 388 500
ABAG 1999-2006 Need 445 207 562 1,214
Percent of ABAG Need Met 5.6% 42% 69% 41%
County 528 751 1,040 2,319
ABAG 1999-2006 Need 1,241 618 1,726 3,585
Percent of ABAG Need Met 43% 122% 60% 65%
Source: ABAG, “A Place to Call Home” (2007)
San Rafael supports the development and acquisition of affordable housing units by non-profit
and for- profit developers. In the past, Since 1991, the San Rafael Redevelopment Agency has
provided financial assistance that has resulted in the long-term affordability of 1,317 affordable
units (91 percent rental units, 9 percent ownership units). All of these units have ongoing
affordability restrictions monitored by the Redevelopment Agency. Since 2002, the
Redevelopment Agency has helped to fund a below market-rate home ownership program
(managed by the Marin Housing Authority) that distributes grants to income- qualified households
to aid in the purchase of a below market rate home.
According to the Redevelopment Agency (RDA), there are 1,143 housing units in San Rafael that
are restricted to very low and low-income households managed by non-profit agencies including
Homeward Bound, Ecumenical Housing (EAH), BRIDGE Housing, and Marin Housing Authority:
Agency Units
Buckelew 36
Canal Alliance 12
Homeward Bound 108
St. Vincent’s 8
BRIDGE 149
EAH 88
Mercy Housing 128
Marin Housing 68
Total 1,143
In the past 10 years,tFinancial support for affordable housing had come from Redevelopment
Agency (RDA) funds and other City funding sources. The former RDA has expended over $4
million in the span of ten years to assist non-profit housing organizations to acquire and
rehabilitate lower income rental housing. The City also provided about $125,000 annually in
CDBG funding for rehabilitation of lower income rental housing owned by local non-profit
housing organizations. In the past seven years, tThe City has provided over $350,000 in
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-3
Evaluation of Accomplishments under Adopted Housing Element
rehabilitation funds for over 7 years to local non-profit housing groups and over $500,000 to the
County’s low income rehabilitation housing program (usually used by low income senior
homeowners).
With the dissolution of Redevelopment Agencies in 2012, the City has lost a significant source of
funding and a managing body to implement many affordable housing programs. Redevelopment
provided the funding and oversight for affordable housing programs, and some programs have no
longer become sustainable. However, several programs in the Housing Element that have been
led by the Redevelopment Agency can be handed over to a successor agency. The Economic
Development Department continues to provide technical assistance to affordable housing
developers in the absence of redevelopment and has been proposed as the lead for many of
Housing programs previously under the responsibility of Redevelopment.
The Redevelopment Agency planning period ran from 2005/6 to 2009/10. Between 2005 and
2010, the RDA was anticipated to collect $5.2 million in housing funds and was expected to spend
$7.5 million, leaving a balance of $722,509 at the end of 2010. An initial balance of $3 million at
the beginning of the planning period accounts for the discrepancy between income generated
and expenditures over the 2005/6 to 2009/10 period. The RDA’s mean annual income over the
planning period was projected to be $1 million. Projected annual expenditures included providing
purchase assistance for low-income Below Market Rate (BMR) housing, rehabilitation grants, and
contributing to Marin Housing’s Renter Rebate program.
SB 1045 adopted in the 2003-04 legislative session requires all redevelopment agencies to
contribute to the Educational Revenue Augmentation Fund (ERAF) each year. Current Agency
bonded indebtedness may require the Agency to borrow a portion of the funds required from the
Agency’s low and moderate income housing fund to be repaid over a period of ten years.
Removing all unallocated housing funds from the San Rafael Redevelopment Agency would
jeopardize future housing projects where the funds have not yet been allocated and would
negatively impact the Agency’s ability to initiate and complete affordable housing projects and
activities.
The Redevelopment Agency works closely with the development community to assist in the
creation of new housing units. The type of assistance varies by project. The Agency staff is
available during the pre- development process to provide technical assistance in the areas of
zoning, parking, site constraints and environmental cleanup. Once the pre-development and due
diligence processes are completed, the Agency can provide direct financial assistance. In the past,
Agency assistance has included purchasing the land, long term ground leases at favorable rates,
Agency grants, and Agency loans with favorable repayment terms. Agency staff also provides
assistance on tax credit applications and issues tax exempt bonds for tax credit projects.
In addition to the services outlined above, the San Rafael Redevelopment Agency provides direct
loans and grants to non-profit organizations that are acquiring and rehabilitating affordable
housing units. The Agency Implementation Plan for 2005/06 to 2009/10 lists the very low and low
income units in the Redevelopment Project Area and the City of San Rafael addressed by the
Agency since 2000, including 178 housing units rehabilitated, 276 new units constructed, and 14
units assisted (San Rafael RDA, 2005).
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-4
Evaluation of Accomplishments under Adopted Housing Element
The Planning Commission and City Council have unanimously supported new housing
development, including a significant amount of affordable housing. Affordable developments
built in the past 15 years include Centertown (60 affordable rental and homeownership units),
Maria B. Freitas Senior Housing (61 affordable rental units for seniors), and Ecology House (11
rental units for persons with environmental sensitivities). San Rafael’s Redevelopment Agency
tracks below market rate units and ensures that they are providing housing for households of the
targeted incomes. Because of the City’s inclusionary and density bonus policies, about 25 percent
of the new housing in San Rafael is affordable to households earning below the median household
income level.
In short, implementing San Rafael’s housing policies is a team effort, grounded by General Plan
policies and empowered by a vision that affordable units are an essential part of San Rafael’s
housing stock.
Due to dwindling resources, greater collaboration is needed to promote the development of
affordable housing. The City continues to support a multi-faceted approach to housing that builds
upon these successes, maximizes the chances for broad community consensus, and fulfills the
State of California’s requirement that adequate housing potential exists to meet specified housing
needs.
B. KEY FINDINGS FROM THE EVALUATION OF THE CITY’S CURRENT HOUSING ELEMENT
In general, the goals, policies and programs in the 2009-2014 2004 Housing Element have
provided a comprehensive set of actions to meet the City’s affordable housing needs and provide
a diversity of housing types. Exhibit DD below is a comprehensive evaluation of implementation
of San Rafael’s housing programs. The entire General Plan, including this revised Housing Element,
reaffirms City goals by: (1) acting as a guide for municipal decisions that affect the quality and
quantity of housing; (2) maintaining housing growth within limits of available services; and (3)
maintaining San Rafael’s present quality of life by balancing the availability of housing with other
environmental and neighborhood considerations.
San Rafael’s housing strategies are to:
(1) Preserve and strengthen San Rafael’s neighborhoods so that they continue to improve
over time.
(2) Be proactive in new housing so that changes enhance San Rafael, making it an ever-
increasingly attractive place to live; and
(3) Target resources for effective partnerships involving neighborhoods, businesses, civic and
service organizations, and the County to address housing needs.
The City’s strong commitment to meeting the needs for affordable housing is demonstrated
through permit streamlining, financial support, and community involvement. Housing policies are
written so that affordable housing is targeted to a variety of economic levels, integrated into
projects and dispersed throughout the community. Implementation of a policy is handled on a
case-by-case basis to provide flexibility in responding to unique site or project circumstances.
Support is also provided by elected officials and a business community who understand the critical
role affordable housing has in making San Rafael a balanced and healthy community.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-5
Evaluation of Accomplishments under Adopted Housing Element
Because San Rafael has little remaining vacant land available for large-scale development, building
on smaller or under-utilized sites scattered throughout the city will be an important strategy in
meeting its housing needs. These “infill” sites must be developed in a way that best adds value to
a neighborhood. Encouraging new housing development at appropriate densities, promoting
mixed-uses where housing can be incorporated into areas of commercial-only or industrial-only
uses, and supporting continued development of second units will help make better use of our land
resources and help to address San Rafael’s housing needs.
Housing policies must be integrated with related issues such as land use, design, traffic capacity,
economic development, adequate infrastructure, and others. For example, design policies for
multifamily housing will help to ensure enhancement of neighborhood identity and sense of
community so that new housing will have a sensitive transition of scale and compatibility in form
to the surrounding neighborhood. Linkages with land use strategies, that encourage use of transit,
are also supported in housing policies.
The following findings and recommendations are based upon the review of current policies and
programs:
(1) Continue the City’s proactive role in protecting neighborhoods and existing housing, and
in assuring that new housing continues to enhance the City’s diversity, economy and
quality of life.
(2) Foster land use patterns and densities that support lifestyles that are less reliant on
carbon-based transportation.
(3) Encourage mixed-use and infill housing development near transit and in commercial areas
in order to create housing near workplaces.
(4) Encourage development at higher densities within easy walking distance to transit where
reduced automobile usage and parking requirements are possible.
(5) Support housing, either as redevelopment or infill, to improve certain areas of town.
(6) Require that illegal units are abated/removed or legalized.
(7) Encourage second units as a means of dispersing small, affordable units throughout the
community by modifying zoning regulations and processing requirements.
(8) Continue to support housing for population groups who require special assistance, such
as people who are seniors, large families, and single-parent households, homeless, and
people living with disabilities.
(9) Support efforts to link housing to health and human services programs.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-6
Evaluation of Accomplishments under Adopted Housing Element
Table B5.1: 2009-2014 San Rafael Housing Element Accomplishments chart
Review of 2009-2014 San Rafael Housing Element Program Accomplishments
Program Accomplishments
H-1 HOUSING DISTRIBUTION Policy carried forward as H-1
H-1a. Annual Housing Element Review.
Provide an annual assessment of housing
element implementation through annual
review of General Plan 2020. Provide
opportunities for public input and
discussion, in conjunction with State
requirements.
Progress/Effectiveness: Prior to elimination of
Redevelopment Agencies across the State in
2012, the City prepared an Annual Affordable
Housing Report which provided information on
the City and RDA's affordable housing programs.
The City has not conducted a review of its
Housing Element since the Element was last
updated and certified in 2011.
As a charter city, San Rafael is exempt from the
requirement to prepare an Annual Housing
Element Report (APR) for submittal to HCD.
However, due to the longer 8 year planning
cycle, combined with State housing funds tied to
completion of the APR, the City will begin
conducting an annual review of its Housing
Element.
Appropriateness for Housing Element update:
Maintain program.
H-1b. Housing Production.
Monitor housing production annually to
review achievements in meeting the
community’s housing goals.
Progress/Effectiveness: City continues to
monitor housing production. Reports on annual
building activity submitted to State for
population estimates.
Program is effective in monitoring production,
but not necessarily.
Measuring against the City's RHNA goals. As
this will need to be completed as part of the
Annual Housing Element Report to HCD, this
program can be integrated within Program H-1a.
Appropriateness for Housing Element update:
Consolidate with Program H-1a.
Monitoring housing production and measuring
progress towards RHNA is already required as
part of Annual Housing Element Report.
H-2. NEIGHBORHOOD IMPROVEMENTS Policy carried forward
(consolidated with renumbered H-2)
H-2a. N/A Remove. No associated program
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-7
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
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 needed,
zoning regulations and guidelines for
single-family homes to address concerns
about bulk, height, setbacks privacy and
other impacts of new homes and of
additions to existing homes. Consider
potential cost impacts on housing
development when developing new
regulations and guidelines.
Progress/Effectiveness: Interim Design
Guidelines adopted November 2004. No funding
available for additional work on design
guidelines.
Appropriateness for Housing Element update:
Maintain program (renumbered Program H-2a)
H-3b. Compatibility of Building Patterns.
Adopt design guidelines to ensure
compatibility of neighborhood building
patterns. Guidelines may address setback
patterns, garage and driveway patterns,
and building scale. Further develop the
character-defining elements of the
neighborhood. Guidelines may address
entries, roof design, windows,
architectural style, materials and detailing.
Consider potential cost impacts on
housing development when developing
new regulations and guidelines.
Progress/Effectiveness: Same as H-3a - Interim
Design Guidelines adopted November 2004. No
funding available for additional work on design
guidelines.
Appropriateness for Housing Element update:
Maintain program (renumbered Program H-2b)
H-4. PUBLIC INFORMATION AND
PARTICIPATION
Policy carried forward (renumbered to H-3)
H-4a. Neighborhood Meetings. Continue
to require neighborhood meetings, as
provided for by the City Council resolution
for Neighborhood Meeting Procedures, for
larger housing development proposals and
those that have potential to change
neighborhood character.
Progress/Effectiveness: On-going and as needed.
Appropriateness for Housing Element update:
Maintain program. Refine to replace "require"
with "encourage" (renumbered Program H-3a)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-8
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-4b. Information and Outreach on
Housing Issues. Continue to provide
information to improve awareness of
housing needs, issues and programs, and
to collaborate with housing organizations
to publicize in-service training, press
releases, fair housing laws, contacts and
phone numbers. For example, provide
links on the Community Development
webpage to housing resources, such as the
Department of Housing and Community
Development.
Progress/Effectiveness: The City Manager holds
monthly meetings with business leaders, and
monthly meetings with neighborhood leaders.
At both these meetings, housing issues are
frequently discussed. Economic Development
staff participated in Chamber events and
committees, and neighborhood meetings. CD
staff held design discussions, met with the
Federation of San Rafael Neighborhoods to
discuss density bonus ordinance, and reported
progress on meeting housing needs at the City
Council’s annual meeting. Staff spoke at a
Chamber of Commerce Leadership Institute
sessions about affordable housing. Economic
Development staff was a member of the
Chamber’s Affordable Housing and Economic
Development Committee) and talked about
housing issues at the Business Issues Committee
as well as the Chamber’s Leadership Institute.
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-3b)
H-5. CITY LEADERSHIP Policy forward (consolidated with renumbered
H-4)
H-5a. Housing Element Update.
Undertake housing element updates as
required by law or generally every five
years.
Progress/Effectiveness: Required public
meetings held for last Housing Element update
in 2008-2011. As part of this Housing Element
update, public input will be solicited. Modify
program to reflect change in RHNA cycle (7-8
years).
Appropriateness for Housing Element update:
Remove program. Done as matter of course,
unnecessary to call out as program.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-9
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-5b. Constraints and City Incentives for
Affordable Housing. As part of the five-
year General Plan update, conduct a
review by staff and development experts
of housing needs, financing, City
processing and development incentives,
and potential constraints and
opportunities to create affordable
housing.
Progress/Effectiveness: Building Division
continues to implement permit tracking and
over-the-counter one-stop permitting. Planning
staff continues to inform developers of density
bonus and concessions for development
projects, where appropriate. In 2012, the City
eliminated the traffic mitigation fee requirement
for all second units.
Appropriateness for Housing Element update:
Move to renumbered Program H-17d -Efficient
Project Review (under new policy Regulatory
Processes and Incentives for Affordable Housing)
H-5c. Redevelopment’s Implementation
Plan. Update the Redevelopment Agency’s
Implementation Plan, as required by State
law or generally every five years.
Progress/Effectiveness: Redevelopment Agency
dissolved.
Appropriateness for Housing Element update:
Remove program, no longer applicable with loss
of RDA.
H-5d. Expertise in Production of
Affordable Housing. Contract with
housing consultant(s) as needed to
provide staff with the expertise to
negotiate affordable housing contracts
and housing development proposals.
Progress/Effectiveness: Economic Development
staff continues to provide technical assistance
on affordable housing contracting as necessary
to review financial constraints and opportunities
of building housing on various sites in San
Rafael.
Appropriateness for Housing Element update:
Remove program. Done as matter of course,
unnecessary to call out as program.
H-5e. Redevelopment Agency Activities.
Promote residential opportunities in the
redevelopment area, where appropriate,
through the Redevelopment Agency.
Specifically, develop a summary resource
of development requirements for
properties around the Downtown and
Civic Center transit hubs, and other areas
as needed.
Progress/Effectiveness: Redevelopment Agency
dissolved.
Appropriateness for Housing Element update:
Remove program, no longer applicable with loss
of RDA.
Program Accomplishments
H-6. COORDINATE WITH OTHER
JURISDICTIONS IN ADDRESSING HOUSING
NEEDS.
Policy carried forward
(renamed and renumbered to H-4)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-10
Evaluation of Accomplishments under Adopted Housing Element
H-6a. Inter-Jurisdictional Housing
Activities and Resources. Continue to
implement shared responsibilities,
common regulations, coordinated
lobbying efforts and the housing data
clearinghouse to efficiently and effectively
respond to housing needs within the Cities
and County of Marin.
Progress/Effectiveness: Until 2011, City staff
participated in ABAG’s Housing Methodology
Committee as one of three Marin County
representatives, and a San Rafael planner was
one of the Marin representatives to ABAG’s
“Focusing Our Vision” committee. The City also
reviewed and commented on Plan Bay Area,
during all phases of this process. The City is a
participant in the Marin County Planning
Directors group. This group actively discusses
regional topics, including those on housing
issues, at their monthly meetings. Examples
include presentations on "Jessie's" units (junior
second units), Plan Bay Area, State Density
bonus law changes and recent court cases
regarding housing. The Marin County planning
directors also led efforts to suggest that local
utilities agencies reduce their service connection
fee for second units for second units.
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-4a)
H-7. COMMUNITY COLLABORATION AND
PARTNERSHIP
Policy consolidated and carried forward
(renamed and consolidated with H-4)
H-7a. Cooperative Ventures. Encourage
cooperative and joint ventures between
owners, developers and community non-
profit groups in the provision of affordable
housing. Give technical assistance to non-
profit developers by providing information
on other local sources of funding for
affordable housing and introductions to
other funders.
Progress/Effectiveness: Economic Development
staff routinely uses its expertise and connections
in affordable housing to assist local developers
in pursuing housing development. The Economic
Development staff assists developers in finding
funding options, learning about tax credits and
understanding the density bonus law.
Appropriateness for Housing Element update:
Retitled Community Collaboration (renumbered
Program H-4b)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-11
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-8. HOUSING DISCRIMINATION Policy carried forward
(renamed and renumbered to H-5)
H-8a. Complaints. Continue to refer
discrimination complaints to the
appropriate legal service, county, state or
federal agency, or Fair Housing of Marin.
Progress/Effectiveness: Staff continues to refer
complaints to Fair Housing of Marin and Marin
Mediation Services. Economic development
continues to fund Marin Mediation Services,
which is the only place in the County that
provides assistance with property owner-tenant
disputes.
Appropriateness for Housing Element update:
Maintain program - integrate within
renumbered Fair Housing Program H-5a.
H-8b. Non discrimination Clauses.
Continue to provide nondiscrimination
clauses for housing receiving City or
Redevelopment Agency financial
assistance.
Progress/Effectiveness: Redevelopment Agency
dissolved
Appropriateness for Housing Element update:
Remove program. Done as matter of course,
unnecessary to call out as program.
H-8c. Fair Housing Laws. Designate the
Community Development Director as the
Equal Opportunity Coordinator in San
Rafael. Ensure that written materials
regarding fair housing law are provided at
various public locations, and that
information about fair housing agencies
and phone numbers is posted in places
such as the City’s website, at City Hall, the
Public Library and other public places. As
part of the Cooperative Agreement with
the County on CDBG funding, continue to
require a portion of the City’s allocation
be directed to Fair Housing of Marin
and/or other fair housing organizations.
Progress/Effectiveness: See H-8a - Staff
continues to refer complaints to Fair Housing of
Marin and Marin Mediation Services. Economic
development continues to fund Marin Mediation
Services, which is the only place in the County
that provides assistance with property owner-
tenant disputes.
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-5a)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-12
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-9. FUNDING FOR AFFORDABLE
HOUSING.
Policy carried forward
(renumbered to H-6)
H-9a. Housing Set-Aside Fund. Continue
to utilize the Redevelopment Agency’s
Housing Set-Aside Fund for affordable
housing development to increase,
improve, and preserve the community’s
supply of housing affordable to low- and
moderate-income persons.
Progress/Effectiveness: Redevelopment Agency
dissolved.
Appropriateness for Housing Element update:
Remove program - no longer applicable with loss
of RDA.
H-9b. Trust Fund for Housing. Support
efforts by the private sector, local
employers and housing advocates to
create a Housing Trust Fund to assist with
the financing of affordable housing.
Support efforts of the Housing Trust Fund
to assist with the financing of affordable
housing. This support includes identifying
sites that meet the funding requirements
of the Marin Workforce Housing Trust
Fund, notifying the Marin Workforce
Housing Trust staff of discussion and
pending CDBG, 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.
Progress/Effectiveness: The Marin County
Housing Trust Fund was established in 2004, and
Economic Development staff serves on the Loan
Committee.
Appropriateness for Housing Element update:
Remove program.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-13
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-9c. In-Lieu Fees for Affordable Housing.
Dedicate in-lieu fees for affordable
housing, including rehabilitation,
acquisition and design support for second
units and infill housing. Dedicate a portion
of the commercial in lieu fees for housing
for very low income households.
Progress/Effectiveness: The Housing In-lieu Fee
Fund, adopted in 2004 by Ordinance 1831,
requires that housing in-lieu fees be placed in a
segregated citywide housing in-lieu fee account.
The funds in the housing in-lieu fee account,
along with any interest earnings accumulated
thereon, shall be used solely to increase and
expand the supply of housing affordable to very
low, low and moderate-income households. To
date, the City has collected over one million
dollars. The largest contribution to this fund was
from Target store project, ($750,000) which
chose to not build the units on site, and rather
pay the in lieu fee.
Appropriateness for Housing Element update:
Revised program – renumber as Program H-6a.
Expanded description, including projected
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
expertise and assistance to housing
developers on methods and resources
available to reduce the cost of housing
units.
Progress/Effectiveness: Economic Development
staff had contacts with the housing developers
for 524 Mission, 809 B St, 706 Third Street,
Whistlestop and Loch Lomond Marina Project
and Northgate Mall.
Appropriateness for Housing Element update:
Remove program. Addressed under renumbered
Program H-4b Community Collaboration.
H-9e. Funding Resources. Work with
community and elected leaders to identify
potential revenue sources that support
local affordable housing initiatives, and to
leverage the City’s and Redevelopment
Agency’s affordable housing funds.
Progress/Effectiveness: Redevelopment Agency
dissolved.
Appropriateness for Housing Element update:
Maintain program. Added objective to secure 2
new funding sources (renumbered Program H-
6b)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-14
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-9f. Funding Applications. As
opportunities for funding become
available, coordinate applications for State
and Federal subsidies for affordable
housing, and (1) provide technical
assistance in public funding resources and
local processing requirements, including
community involvement; (2) consider
project funding and timing needs in the
processing and review of the application;
and (3) work with applicants to identify
appropriate submittal materials to enable
a timely determination of application
completeness.
Progress/Effectiveness: See H-7a.
Appropriateness for Housing Element update:
Maintain Program. (renumbered Program H-6c)
H-9g. Waiver or Reduction of Fees.
Continue to offer fee waivers and
reductions for applications including
affordable units, consistent with
Resolution 11025.
Progress/Effectiveness: In 2012, the City
eliminated the traffic mitigation fee required for
second units. Since 2010, the City has not
adopted any increases in planning or building
permit fees. A fee waiver is available consistent
with the provisions of Resolution No. 11025.
There were no requests for a fee waiver for
housing projects during the planning timeframe.
Appropriateness for Housing Element update:
Move to a renumbered Program H-17c - Waiver
or Reduction of Fees (under new policy
Regulatory Processes and Incentives for
Affordable Housing).
H-9h. Funding for Very Low Income
Housing. Work with Marin County, the
Chamber of Commerce and Marin
Community Foundation to identify
approximately $1,000,000 for funding for
housing for very low income households.
Progress/Effectiveness: Redevelopment Agency
dissolved.
Appropriateness for Housing Element update:
Remove program. Addressed within renumbered
Program H-6b to pursue outside funding
sources, and renumbered Program H-9d -
Housing for Extremely Low Income Households.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-15
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-10. PROTECTION OF THE EXISTING
HOUSING STOCK
Policy carried forward
(renumbered to H-7)
H-10a. Condominium Conversion
Ordinance. As stated in the zoning
ordinance, prohibit conversion of existing
multifamily rental units to market rate
condominium units unless the City’s rental
vacancy rate is above 5.0 percent, as
determined by the State of California
Finance Department annual Population
Estimates. Exceptions include limited
equity cooperatives, co-housing and other
innovative housing proposals that are
affordable to low- and moderate-income
households.
Progress/Effectiveness: There have been no
condominium conversions as the rental vacancy
rate remained below 5 percent.
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-7a)
H-10b. Preserving Existing Rental Housing
Affordable to Low Income Households
through Ongoing Affordability
Restrictions. Continue to work with non
profit housing organizations seeking to
acquire and rehabilitate affordable rental
housing units in order to maintain ongoing
affordability of the units. Post and update
as necessary information about the
Redevelopment Agency’s housing
conservation program and other funding
opportunities and programs appropriate
for non profit housing organizations on
the City’s website.
Progress/Effectiveness: Economic Development
staff continues to provide management and
oversight of affordable rental housing units in
the City.
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-7b.
Preserving Existing Rental Housing Affordable to
Low Income Households at Risk for Conversion).
Updated scope.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-16
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-10c. Canal Housing Improvement
Program. Work with the Canal Housing
Improvement Program (CAHIP) citywide as
a housing conservation program to
provide financial assistance for non profit
housing organizations to acquire and
rehabilitate existing poorly maintained
rental units and assure long-term
affordability of the units (see Program 10
(b)). Post and update as necessary
information about the Redevelopment
Agency’s housing conservation program
and other funding opportunities and
programs appropriate for non profit
housing organizations on the City’s
website.
Progress/Effectiveness: Program was funded by
Redevelopment Agency, which has been
dissolved.
Appropriateness for Housing Element update:
Remove program. RDA funding no longer
available to support.
H-10d. Canal Affordable Safe and Healthy
Housing. The Canal Affordable Safe and
Healthy Housing (CASH) program was
expanded citywide to provide forgivable
rehabilitation loans to private owners in
exchange for long-term affordability of a
certain portion of units. Information on
this program and other funding
opportunities and programs appropriate
for private rental property owners is
posted on the City’s website and updated
as necessary.
Progress/Effectiveness: Program was funded by
Redevelopment Agency, which has been
dissolved.
Appropriateness for Housing Element update:
Remove program. RDA funding no longer
available to support.
H-10e. Retention of Mobilehomes and
Preservation of Existing Mobilehome
Sites. Retain where possible this type of
housing, which includes the 400-home
Contempo Marin and the 30-home B-Bar-
A mobilehome park, and its affordability
by continuing to implement the
Mobilehome Rent Stabilization Ordinance.
Mobilehomes typically provide lower cost
housing by the nature of their size and
design.
Progress/Effectiveness: The City defended its
Mobilehome Rent Stabilization Ordinance in
litigation filed in 1999 by the owners of the
Contempo Marin Mobilehome Park. In 2013,
the Ninth Circuit Court of Appeals rejected the
park owner’s contentions that the ordinance
violates its constitutional rights, and upheld the
ordinance. The U.S. Supreme Court has since
denied certiorari, so the case is over and the
ordinance remains in effect. Ongoing.
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-7e)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-17
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-11. HOUSING CONDITIONS AND
MAINTENANCE
Policy carried forward
(renumbered to H-8)
H-11a. Apartment Inspection Program. To
assure safe living conditions, continue to
enforce housing codes for all apartment
projects three units or larger in size.
Progress/Effectiveness: H-11a - All properties
developed with 3 or more units and all
hotel/motel units in the City are inspected to
ensure safety. The program strives to inspect all
7,636 units in the City every 5 years. Since 2010,
the City has been on the 2nd round of
inspections.
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-8)
H-11b. Code Enforcement and Public
Information Programs. Coordinate
housing, building and fire code
enforcement to ensure compliance with
basic health and safety building standards
and provide information about
rehabilitation loan programs for use by
qualifying property owners.
Progress/Effectiveness: The City has a
Development Coordinating Committee meetings
that is held bi-weekly to review all development
submittals and other matters of
interdepartmental concerns. Attending
departments include Fire, Police, Building,
Planning, Code Enforcement and Public Works.
In addition, when the need arises, the Code
Enforcement Division has strong relationships
with outside agencies, such as the County Health
Department, to addresses certain larger issues
through a coordinated effort.
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-8b)
Integrate program prior Program H-12a
(investigate and abate illegal units) within
program
H-11c. Rehabilitation and Energy Loan
Programs. Coordinate with other
organizations, including the Marin Housing
Authority and PG&E, to continue to
provide and expand rehabilitation loan
and grant programs to eligible
homeowners and renter households.
Progress/Effectiveness: Continuing.
Appropriateness for Housing Element update:
Refine program to focus on CDBG funded rehab
and add quantifies objectives for assistance.
(renumbered Program H-8c Residential
Rehabilitation Loan Programs)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-18
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-11d. Volunteer Efforts. Continue to
work with community service clubs and
organizations on volunteer labor-
assistance housing improvement
programs for homeowners physically or
financially unable to maintain their
properties. Support such programs
through volunteer coordination and
assistance, public information campaigns,
and financial assistance.
Progress/Effectiveness: No activity on this
program since 2011.
Appropriateness for Housing Element update:
Remove program. Implemented but volunteer
group has since been disbanded.
H-11e. Maintenance of Older Housing
Stock. Pursue funding for conservation
and rehabilitation of the viable older
housing units to preserve neighborhood
character and, where possible, to retain a
supply of low- and moderate-income
units. Allocate a portion of annual CDBG
funds for the County Home Rehabilitation
program, which provides funding for
owner-occupied homes and group homes
for the disabled. In addition, provide
Redevelopment Agency funds to non
profits to purchase and rehabilitate
existing multifamily housing, and continue
to require the recordation of long term
affordability covenants on the property.
Progress/Effectiveness: Economic Development
staff worked with Marin Housing Authority,
Ritter House and Marin Center for Independent
Living in assisting with their rehabilitation
programs.
Appropriateness for Housing Element update:
Remove program. Addressed under Residential
Rehabilitation Loan Program (renumbered H-8c)
and In-Lieu fees for Affordable Housing Program
(renumbered H-6a)
H-11f. Relocation Assistance. Require
applicants to provide certain limited
relocation assistance for low-income
tenants displaced by development,
including referring tenants to Marin
Housing and providing cash compensation.
Require notice of displacement to be
distributed at least 60 days before the
property is to be vacated.
Progress/Effectiveness: On-going. Reviewed as
part of all development application involving
displacement of existing residences qualifying as
low income households.
Appropriateness for Housing Element update:
Maintain program. (renumber Program H-8d)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-19
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-12. ILLEGAL UNITS Policy removed (consolidated into code
enforcement programs)
H-12a. Investigation and Abatement or
Legalization of Units Built without
Required Permits. Continue to investigate
reported illegal units and abate or legalize
where possible units built without permits
or occupied in violation of San Rafael’s
ordinances.
Progress/Effectiveness: This is an on-going task
completed by code Enforcement and Building
Division. Code enforcement responds to
complaints about illegal units, while Building
Division, investigates a part of Resale inspection.
Planning Division provides assistance to property
owners for potential legalization of a unit.
Appropriateness for Housing Element update:
Consolidated with Program H-11b - Code
Enforcement and Public Information Programs.
H-13. SPECIAL NEEDS Policy carried forward
(renumbered to H-9)
H-13a. Adaptive Housing. Ensure
compliance with State and Federal
requirements for accessible units.
Progress/Effectiveness: Building Division holds
regular “coffee and codes” meetings with design
and construction industry members to discuss
ADA requirements. Building staff reviews
residential plans for compliance with State
accessibility requirements. Staff continues to use
a standardized set of forms to streamline the
review of disabled accommodation complaints.
In addition, the department has an established
timetable for review and staff duties to ensure
timely and complete responses.
Appropriateness for Housing Element update:
Maintain program. Additionally, aim to conduct
regular meetings with design and construction
industry members. (renumbered Program H-9a)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-20
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-13b. Reasonable Accommodation.
Review and amend zoning regulations as
necessary to provide individuals with
disabilities reasonable accommodation in
rules, policies, practices and procedures
that may be necessary to ensure equal
access to housing. The purpose of this is
to establish a specific process for
individuals with disabilities to make
requests for reasonable accommodation
in regard to relief from various land use,
zoning, or building laws, rules, policies,
practices and/or procedures of the City.
Progress/Effectiveness: City has a Reasonable
Accommodation Ordinance and applications are
processed in accordance.
Appropriateness for Housing Element update:
Maintain program (renumbered Program H-9b).
Add new Program H-9c – Housing Opportunities
for Persons Living with Disabilities – to
specifically address needs of persons with
developmental disabilities.
H-14. INNOVATIVE HOUSING
APPROACHES
Policy carried forward
(renumbered to H-10)
H-14a. Manufactured Housing. Continue
to allow quality manufactured housing in
all zoning districts which allow single-
family residences.
Progress/Effectiveness: No applications received
during the planning period.
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-
10b)
H-14b. Zoning for Live/Work
Opportunities. Review implementation of
live/work and provisions in the Zoning
Ordinance and amend as appropriate to
ensure effective standards that encourage
live/work projects.
Progress/Effectiveness: Ordinance amendment
completed in 2004 to allow live work. No
applications received in this planning period.
Appropriateness for Housing Element update:
Maintain program (renumbered Program H-10d)
H-14c. Single Room Occupancy (SRO)
Units. Actively promote existing incentives
for SRO apartments, such as no density
regulations and lower parking standards,
in multifamily and mixed use districts in
recognition of their small size and low
impacts. Where needed, encourage
linkages to social services. Continue to
utilize Redevelopment Housing Funds as
available to protect the existing SRO unit
supply.
Progress/Effectiveness: Completed 2004 with
adoption of zoning amendments. No
applications or inquiries received in this planning
period. Recommendation:
Carry forward. Delete last sentence of program
referencing Redevelopment Agency and funds
Appropriateness for Housing Element update:
Maintain program. Remove reference to RDA
Housing Funds. (renumbered Program H-10c)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-21
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-14d. Co-Housing, Cooperatives, and
Similar Collaborative Housing
Development. Provide zoning flexibility
through Planned Development District
zoning to allow housing development that
is based on co-housing and similar
approaches that feature housing units
clustered around a common area and
shared kitchen, dining, laundry and day
care facilities.
Progress/Effectiveness: No inquiries received
during the reporting period.
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-
10a)
H-15. HOUSE SHARING Policy carried forward
(renumbered to H-11)
H-15a. Homesharing and Tenant
Matching Opportunities. Continue to
support, and consider increased
participation in, the Shared Housing
Project in collaboration with the Marin
Housing Authority.
Progress/Effectiveness: No inquiries received
during the planning period.
Appropriateness for Housing Element update:
Maintain program. Replace "Marin Housing
Authority” with "community partners.”
(renumbered Program H-11a)
H-16. RESIDENTIAL CARE FACILITIES AND
EMERGENCY SHELTERS
Policy carried forward
(renumbered to H-12)
H-16a. Countywide Efforts to Address
Homeless Needs. Work with other
jurisdictions and agencies in Marin to
provide emergency, transitional, and
supportive housing and assistance for
families and individuals who are homeless.
Continue to support and allocate funds, as
appropriate, for programs providing
emergency, supportive, and/or
transitional shelter and counseling
services.
Progress/Effectiveness: Staff is participating in a
countywide effort to seek permanent housing
opportunities for homeless as well as increase
the temporary housing for homeless. The
approved a REST (temporary rotating emergency
shelter program) at one church within the City to
house up to 20 men.
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-
12a)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-22
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-16b. Good Neighborhood Relations
Involving Emergency Shelters and
Residential Care Facilities. Where
determined necessary during review of an
application for a Use Permit application,
encourage positive relations between
neighborhoods and providers of
emergency shelters and residential care
facilities by requiring shelter outreach
communication programs with the
neighborhoods.
Progress/Effectiveness: No applications
processed for emergency shelter for residential
care facilities and permanent program. For
temporary shelter, the City received one
application during this period and this program
was well received by public, thus no issues were
present to require city involvement.
Appropriateness for Housing Element update:
Maintain program. Eliminate reference to Use
Permit. (renumbered Program H-12b)
H-16c. Residential Care Facilities.
Regularly update zoning regulations that
govern residential care facilities to
conform to Federal and State laws and to
encourage their location in areas that do
not result in overconcentration of care
facilities. Explore the feasibility of
requiring affordable units in assisted living
facilities, for example, reduced rentals
with access to market-rate services.
Progress/Effectiveness: No need to change
current regulations for Residential Care facilities
during this part period.
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-12c)
H-16d. Emergency Shelters. Revise the
zoning ordinance to allow emergency
shelters as required by State law. Continue
to allow emergency shelters with a use
permit in areas zoned for office and
commercial uses, including those areas
designated as General Commercial,
Retail/Office, Residential/Office,
Industrial, Light Industrial/Office, and
Public/Quasi-Public on the Land use Map.
Amend the zoning ordinance to comply
with State law and designate the LI/O and
other zoning districts south of Bellam and
east of highway 580 where San Rafael’s
need for shelter beds as described in
Appendix B may be provided without a
use permit or other discretionary city
approvals, and with appropriate
performance standards as allowed by
State law.
Progress/Effectiveness: Zoning ordinance
amendment drafted to address this change and
scheduled for review and adoption in Winter
2014.
Appropriateness for Housing Element update:
Refine program to reflect zoning code
amendment adopted consistent with SB2 to
allow shelters by right and to explicitly provide
for transitional and supportive housing as a
residential use. (renumbered Program H-12d)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-23
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-16e. Transitional and Supportive
Housing. Amend the zoning ordinance,
consistent with State and Federal law, to
recognize transitional and supportive
housing as residential uses, subject to the
restrictions and standards of similar
residential dwellings in the same zone.
Progress/Effectiveness: Amendments to Zoning
Ordinance defining transitional and supportive
housing have been drafted and are scheduled
for review and adoption in in Winter 2014.
Appropriateness for Housing Element update:
Consolidated with renumbered Program H-12d -
Emergency Shelters, Transitional and Supportive
Housing.
H-17. SENIOR HOUSING Policy carried forward
(renumbered to H-13)
H-17a. Assisted Living. Amend the zoning
ordinance to provide regulations for new
assisted living housing.
Progress/Effectiveness: This program has not
been completed.
Appropriateness for Housing Element update:
Maintain program. Evaluate 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 want to
remain independent and in their homes
for as long as possible, such as the Police
Department’s “Are You OK?” program, the
Fire Department’s “Safety Check”
program, Code Enforcement’s continuing
cooperation with the Marin County Social
Services, and Community Services social
activities offered through the Community
Centers.
Progress/Effectiveness: Maintain.
Appropriateness for Housing Element update:
Maintain program (renumbered Program H-13b)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-24
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-18. ADEQUATE SITES Policy consolidated and carried forward
(renumbered to H-14)
H-18a. Affordable Housing Sites.
Encourage residential development in
areas appropriate and feasible for new
housing. These areas are identified in
Appendix B, Housing Element Background,
Summary of Potential Housing Sites
(available for view on the City’s website).
Progress/Effectiveness: The City continually
encourages development when approached by
housing developers of the sites listed in
Appendix B.
Appropriateness for Housing Element update:
Maintain program. Rename “Residential and
Mixed Use Sites Inventory” (renumbered
Program H-14a)
H-18b. Efficient Use of Multifamily
Housing Sites. Do not approve residential-
only development below minimum
designated General Plan densities unless
physical or environmental constraints
preclude its achievement. Residential-only
projects should be approved at the mid- to
high-range of the zoning density. If
development on a site is to occur over
time the applicant must show that the
proposed development does not prevent
subsequent development of the site to its
minimum density and provide guarantees
that the remaining phases will, in fact, be
developed. Amend the zoning ordinance
to allow residential use as a permitted use
in Downtown zoning districts.
Progress/Effectiveness: No residential only
development projects for multi-family housing
have been approved since 2011. Zoning
Ordinance amendments have not been
processed and housing downtown requires an
Admin Use Permit to ensure compatibility with
surrounding commercial uses.
Appropriateness for Housing Element update:
Maintain program. Zoning ordinance
amendment completed. (renumbered Program
H-14b)
H-18c. CEQA review. Use CEQA
exemptions for infill development
whenever possible. If environmental
review is warranted, require the
appropriate level of review based on the
environmental issues identified in the
initial study.
Progress/Effectiveness: No residential only
development projects for multi-family housing
have been approved since 2011. One downtown
housing project currently under review has
necessitated the preparation of an EIR, solely
due to the historic nature of a building on site
that is listed on a State historical list.
Appropriateness for Housing Element update:
Integrate within renumbered Program H-17d -
Efficient Project Review.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-25
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-18d. Reuse of Commercial Sites.
Encourage adaptive reuse of vacant
buildings and underutilized sites with
residential and mixed use development on
retail, office and appropriate industrial
sites. In addition:
a. Explore zoning regulation incentives to
encourage lot consolidation where needed
to facilitate housing.
b. Review zoning requirements for retail in
a mixed use building or site, and to amend
the zoning ordinance as necessary to allow
for residential-only buildings in
appropriate mixed-use zoning districts.
Progress/Effectiveness: All commercial zoning
districts and most light industrial districts allow
mixed use development and current regulations
allow the additive intensity of the maximum
residential density and maximum floor area ratio
to encourage redevelopment. Zoning regulations
that would encourage lot consolidations are
difficult to define, so section a of the program is
proposed for removal.
Appropriateness for Housing Element update:
Refine as “Zoning Provisions to Encourage Mixed
Use” to promote mixed use and higher density
development within the Downtown.
(renumbered Program H-14c)
H-18e. Underutilized Public and Quasi-
Public Lands for Housing. Explore
effective ways to share housing site
information and developer and financing
information to encourage housing
development of underutilized institutional
lands (City, County, School District,
Sanitation District, religious institutions,
etc).
Progress/Effectiveness: No inquiries in this
period.
Appropriateness for Housing Element update:
Remove program - staff completed.
H-18f. Air Rights Development. Take an
active role in evaluating the feasibility of
air rights development and consider
possible zoning incentives for such
development. Encourage developers of
affordable housing to utilize air rights,
such as above public parking lots or
commercial uses Downtown.
Progress/Effectiveness: No inquiries or requests
since last housing element update.
Appropriateness for Housing Element update:
Remove program.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-26
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-18g. Revisions to the Parking
Standards. Review parking standards, and
amend the zoning ordinance to allow for
more flexible parking standards for
housing development. Issues to study
include the following:
a. Parking issues in neighborhoods with
congested on-street parking.
b. Reduced parking requirements for
projects in close proximity to a SMART
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.
Progress/Effectiveness: No progress on this
program. Revisions continue to be encouraged.
Some of the study issues to study were
addressed in the Downtown Station Area Plan.
Appropriateness for Housing Element update:
Remove program. Downtown parking analysis
integrated within renumbered Program H-15a -
Downtown Station Area Plan.
H-18h. Staff Consultation. Continue to
provide developers conducting a feasibility
analysis of potential housing development
a consultation with staff to identify
potential design and/or zoning
considerations, such as methods for early
discovery of historic resources and
mitigation(s).
Progress/Effectiveness: On-going with every
development inquiry.
Appropriateness for Housing Element update:
Remove program. Done as matter of course,
unnecessary to call out as program.
H-18i. Las Gallinas Sanitary District Fees.
Work with other local jurisdictions to
lobby Las Gallinas Valley Sanitary District
to reduce fees for water for affordable
housing and for second units.
Progress/Effectiveness: Some progress has been
made to lobby to reduce connection fees,
however to date, no change in fees.
Appropriateness for Housing Element update:
Integrated with renumbered Program H-17c -
Waiver or Reduction of Fees.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-27
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-18j. Housing for Extremely Low Income
Households. To meet the needs of
extremely low income households,
prioritize some set-aside funds and in lieu
fees for the development of housing
affordable to extremely low-income
households, to encourage the
development of programs to assist age-in-
place seniors, to increase the amount of
senior housing, to increase the production
of second units, and to facilitate the
construction of multifamily and supportive
housing.
Progress/Effectiveness: Ongoing.
Appropriateness for Housing Element update:
Maintain program. Eliminate reference to RDA
set-aside. (renumbered as Program H-9d)
H-18k. Lot Consolidation. To promote
redevelopment of underutilized mixed-use
sites and to provide more design options,
amend the zoning ordinance to provide a
12 foot (one story) height bonus where
two or more lots are consolidated into one
parcel of at least 10,000 square feet.
Progress/Effectiveness: No progress on this
program.
Appropriateness for Housing Element update:
Remove program. Lot consolidation also
addressed under Program H-14c - Zoning
Provisions to Encourage Mixed Use
H-22. INFILL NEAR TRANSIT (REFINED
AND MOVED TO THIS NEW LOCATION)
Policy refined and carried forward
(renumbered to H-15)
H-25 SECOND UNITS (REFINED AND
MOVED TO NEW THIS LOCATION)
Policy refined and carried forward
(renumbered to H-16)
H-17. REGULATORY PROCESSES AND
INCENTIVES FOR AFFORDABLE HOUSING
NEW POLICY with programs consolidated from
other sections
(renumbered to H-17)
H-19. INCLUSIONARY HOUSING
REQUIREMENTS
Policy carried forward
(renumbered to H-18)
H-19a. Inclusionary Housing. Engage with
the local development community and
affordable housing advocates to evaluate
the Inclusionary Housing Ordinance and
in-lieu fee requirements for effectiveness
in providing affordable housing under
current market conditions. Evaluate the
Inclusionary Housing Ordinance in light of
recent court decisions. Amend as
necessary, consistent with State law.
Progress/Effectiveness: Due to changes in
inclusionary housing laws, program for rental
housing may require deleting this requirement.
However, requirements may be retained if
supported by a nexus study which demonstrates
the need to retain based on community
demographics and maintaining a jobs/housing
balance.
Appropriateness for Housing Element update:
Refine as “Inclusionary Housing Nexus Study”
(renumbered Program H-18a)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-28
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
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 ownership
BMR units to assure that units remain
affordable to very low, low and moderate-
income households. Continue to monitor
database with Marin Housing.
Progress/Effectiveness: On-going
Appropriateness for Housing Element update:
Maintain program (renumbered/renamed as
Program H-7d).
H-20b. BMR Rental Regulations. Continue
to require ongoing reporting for BMR
rental projects to assure that these units
remain at an affordable price level.
Progress/Effectiveness: On-going
Appropriateness for Housing Element update:
Maintain program, consolidate under
renumbered Program H-7b (Preserving Existing
Rental Housing Affordable to Low Income
Households)
H-20c. “At Risk” Units. Continue to
identify and monitor assisted properties at
risk of conversion to market rate housing
so that these units are retained to the
extent possible as part of the City’s
affordable housing stock. For housing that
is identified as being at risk, monitor
compliance with California Government
Code Sections 65863.10 and 65863.11
including required notifications to existing
residents and the California Department
of Housing and Community Development.
Notify previously identified non profit
organizations with the capacity to acquire
the units. Support CDBG and HOME and
other applications for Federal or State
funding to assist non profit housing groups
to acquire the units. The San Rafael
Redevelopment Agency’s 2010/11-
2014/15 Implementation Plan includes a
housing conservation program to assist
non profit housing organizations to
acquire existing housing units, including at
risk units.
Progress/Effectiveness: On-going
Appropriateness for Housing Element update:
Maintain program, consolidate under
renumbered Program H-7b (Preserving Existing
Rental Housing Affordable to Low Income
Households)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-29
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-21. DENSITY BONUS AND OTHER
REGULATORY INCENTIVES FOR
AFFORDABLE HOUSING.
Policy carried forward (Programs moved and
consolidated into other Policy sections or
removed)
H-21a. State Density Bonus Law. Continue
to offer density bonuses consistent with
the State Density Bonus Law.
Progress/Effectiveness: On-going
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-
17a)
H-21b. Exceptions from Zoning Standards
for Density Bonus Development. For
density bonus development, provide
limited zoning exceptions to allow minor
site adjustments from development
standards (e.g. parking, lot coverage,
setback, height standards) to
accommodate density bonuses for
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 apply to projects smaller
than five units.
Progress/Effectiveness: On-going. Exceptions
already allowed for density bonus projects and
these exceptions are identified in Zoning
Ordinance. At this time, small projects(<5 units)
do not qualify and the issue has not been
studied
Appropriateness for Housing Element update:
Eliminate program. State density bonus
requirements presented in renumbered Program
H-17a.
H-21c. Height Bonuses. Continue to offer
height bonuses for projects that include
affordable housing units as provided in
Exhibit 10 of the Land Use Element.
Explore appropriate locations for
additional height bonuses where needed
to encourage lot consolidations.
Progress/Effectiveness: On-going
Appropriateness for Housing Element update:
Maintain program. (renumbered Program H-
17b)
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-30
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-21d. Revisions to the Parking
Standards. Consider amendments to
parking standards and amend the zoning
ordinance as necessary to encourage the
creation of affordable housing units,
consistent with the considerations in
Program H-18g (Revisions to Parking
Standards).
Progress/Effectiveness: Completed -
Amendments to zoning ordinance have been
made since 2004 to lower parking rates and
allow for tandem parking for residential projects
in downtown as well as to allow use of state
parking rates and tandem parking for residential
projects that qualify for a density bonus outside
of downtown.
Appropriateness for Housing Element update:
Remove program. Downtown parking analysis
integrated within Program H-15a - 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 near
transit hubs, SMART stations, and transit
corridors that are not currently zoned for
housing to evaluate potential for rezoning
to allow high-density residential uses.
Progress/Effectiveness: In 2012, the City
completed the Downtown Station Area Plan and
Civic Center Station Area plan, which identifies
sites to study for high density housing.
Appropriateness for Housing Element update:
Integrated within comprehensive renumbered
Program H-15a Downtown Station Area Plan 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 implement the
recommendations of the final plans.
Progress/Effectiveness: H-22b - Plans completed
and accepted.
Appropriateness for Housing Element update:
Integrated within comprehensive renumbered
Program H-15a Downtown Station Area Plan and
new Program H-15b – Civic Center Station Area
Plan.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-31
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-23. MIXED-USE Policy carried forward (Programs moved and
consolidated into other Policy sections)
H-23a. Zoning Amendments to Encourage
Mixed-Use. Review existing development
standards to encourage housing
development in mixed-use zones.
Incentives can include reduced and shared
parking based on the use mix and
allowances for tandem, shared and off-site
parking.
Progress/Effectiveness: No action
Appropriateness for Housing Element update:
Integrated within renumbered Program H-14c -
Zoning Provisions to 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-24a. Jobs/Housing Linkage Ordinance.
Continue to implement the affordable
housing zoning requirement for
nonresidential development projects.
Progress/Effectiveness: On-going
Appropriateness for Housing Element update:
Integrated within renumbered Program H-6a –
In Lieu Fees for Affordable Housing.
H-24b. Employee Housing Opportunities.
Work with businesses, public agencies,
and local school districts to seek
opportunities to help employees find local
housing, such as new construction,
purchasing or leasing larger 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.
Progress/Effectiveness: On-going
Appropriateness for Housing Element update:
Remove program.
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-32
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
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.
Progress/Effectiveness: On-going - Second units
are encouraged by staff in all development
inquiries.
Appropriateness for Housing Element update:
Consolidated into single program addressing
second units (renumbered Program H-16a).
Component addressing reduced fees for second
units integrated within renumbered Program H-
17c (Fee Waivers/Reductions).
Create new program to adopt standards to
facilitate junior second units (Program H-11b -
renumbered).
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.
Progress/Effectiveness: On-going. Community
Development Department has prepared helpful
informational handouts to assist property
owners in determining feasibility of a second
unit.
Appropriateness for Housing Element update:
Consolidated into single program addressing
second units (renumbered Program H-16a).
Component addressing reduced fees for second
units integrated within renumbered Program H-
17c (Fee Waivers/Reductions).
Create new program to adopt standards to
facilitate junior second units (Program H-11b -
renumbered).
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-33
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
H-25c. Publicity. Promote second units
through the City’s newsletter, workshops,
updates as needed of the Community
Development Department’s second unit
handout, and use of the City’s website.
Progress/Effectiveness: On-going. City regularly
updates its informational handout that is
available on the web and at the counter to
promote and inform on requirements for a
second units.
Appropriateness for Housing Element update:
Consolidated into single program addressing
second units (renumbered Program H-16a).
Component addressing reduced fees for second
units integrated within renumbered Program H-
17c (Fee Waivers/Reductions).
Create new program to adopt standards to
facilitate junior second units (Program H-11b -
renumbered).
H-25d. Required Parking for Second
Dwelling Units. Explore zoning
amendments to permit a waiver or
reduction in the required off-street
parking for second dwelling units.
Progress/Effectiveness: On-going. Some
amendments to the Zoning Ordinance have been
made to allow for more flexible options for
second units.
Appropriateness for Housing Element update:
Consolidated into single program addressing
second units (renumbered Program H-16a).
Component addressing reduced fees for second
units integrated within renumbered Program H-
17c (Fee Waivers/Reductions).
Create new program to adopt standards to
facilitate junior second units (Program H-11b -
renumbered).
CITY OF SAN RAFAEL 2015-2023 HOUSING ELEMENT – APPENDIX B – PUBLIC REVIEW DRAFT
B5-34
Evaluation of Accomplishments under Adopted Housing Element
Program Accomplishments
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.
Progress/Effectiveness: Use of stock plans for
second units was explored as part of the 2010
second dwelling unit progress report and the
feasibility was dismissed given that the
opportunities are limited, given the City's hillside
topography and other physical challenges.
Appropriateness for Housing Element update:
Consolidated into single program addressing
second units (renumbered Program H-16a).
Component addressing reduced fees for second
units integrated within renumbered Program H-
17c (Fee Waivers/Reductions).
Create new program to adopt standards to
facilitate junior second units (Program H-11b -
renumbered).
City of San Rafael
Public Review Draft
July 31, 2014
Housing Element
2015-2023 Housing Element Update
[This page was left blank intentionally]
Introduction to Policies and Program (2015-2023 Housing
Element)
The Policies and Programs section of the 2009-2014 Housing Element, was an
integrated part of the City’s General Plan. As such, this section starts on page 39, with
the intention of reintegrating the policy section back into the existing General Plan
formatting if possible. In developing the 2015-2023 Housing Element, the City saw the
opportunity to consolidate, reorganize and refine the Policies and Programs sections
to more effectively communicate the goals, aspirations and direction of housing
policies. Using the 2009-2014 Housing Element Policies and Programs section as the
basis for the updated section, redlined edits show the changes that have made after
considering the accomplishments, effectiveness and appropriateness of each policy
and program for the 2015-2023 Housing Element. Text boxes under each policy and
program also summarizes the changes that have been made. The City of San Rafael
has taken this opportunity to organize this set of policies and programs in a way that
allows the City to keep building off of the successes and accomplishments of the
previous housing element.
i
Housing Element Policies and Programs
Table of Contents
Introduction .................................................................................................. 39
Building Upon Past Successes ....................................................................... 40
Housing Needs .............................................................................................. 41
Overview of Key Recommendations .............................................................. 45
GOAL 3: HOUSING NEEDS ............................................................................. 47
H-1. Housing Distribution. ......................................................................... 47
H-2. Design That Fits into the Neighborhood Context. ............................... 48
H-3. Public Information and Participation.................................................. 49
H-4. Governmental and Community Collaboration. ................................... 51
H-5. Fair Housing ....................................................................................... 52
H-6. Funding for Affordable Housing. ........................................................ 53
GOAL 4: A DIVERSE HOUSING SUPPLY ........................................................... 57
H-7. Protection of the Existing Housing Stock. ........................................... 57
H-8. Housing Conditions and Maintenance. .............................................. 60
H-9. Special Needs. ................................................................................... 62
H-10. Innovative Housing Approaches. ...................................................... 64
H-11. House Sharing. ................................................................................. 65
H-12. Residential Care Facilities and Emergency Shelters. ......................... 66
H-13. Senior Housing. ................................................................................ 68
H-14. Adequate Sites. ................................................................................ 70
H-15. Infill Near Transit. ............................................................................ 74
H-16. Second Units. ................................................................................... 75
H-17. Regulatory Processes and Incentives for Affordable Housing. .......... 76
H-18. Inclusionary Housing Requirements. ................................................ 78
Summary of Quantified Objectives ................................................................ 85
ii
Housing Element Policies and Programs
[This page was left blank intentionally]
39
Housing Element Policies and Programs
Housing
Introduction
Nestled among hills on the edge of the San
Francisco Bay, San Rafael is a wonderful place to
call home. San Rafael is a great place to grow up,
work, raise a family, and retire. It has a broad-
based economy, a vibrant cultural life, and high
quality educational opportunities. The City has a
broad mix of incomes, ages and cultures.
San Rafael is a city with a long history and many
neighborhoods that are distinctive and
representative of that history. There are older
neighborhoods, from the days when San Rafael’s
residences were a mix of large ornate homes for
wealthy merchants, summer retreats for San
Francisco residents, and smaller simpler homes for
workers from other countries. Neighborhoods built
before World War II were developed with narrow
tree-lined streets, neighborhood stores, and homes
with front porches. The larger suburbs built in the
1960s and 1970s, with three- and four- bedroom
homes, tend toward a similarity in design, such as
the Eichler-designed homes which strive to unify
indoor spaces with the outdoors while maintaining
privacy. More recently, attached housing, including
condominiums, apartments, and townhomes,
ranging in size from single rooms to four-
bedrooms, has been located throughout the city.
According to the 20100 U.S. census, almost half of
the housing is renter-occupied, over one-quarter of
the households are families with children, another
quarter are senior households, and a third of the
households are people living alone. Trends show
that today’s seniors are growing into their 80s and
beyond and there will be an increase in assisted
living needs. Baby boomers and empty nesters will
be relocating to smaller homes. Young adults in
San Rafael, grown children of residents, new
D e f i n i t i o n s
Abatement – The removal or legalization of a
condition in violation of City regulations.
Affordability – The generally accepted banking/
government standard for determining whether a
person can afford housing is defined as spending no
more than 30 percent of one’s gross monthly
household income on housing costs, which for owner
housing would include principal, interest, utilities
and insurance.
Below Market Rate Housing Programs – The term
“below -market -rate” (BMR) housing is used to
describe units offered at rents or sales prices below
that which they could command on the open market.
Co-Housing – A type of share housing arrangement.
Co-housing developments have individual units with
kitchens, combined with a common kitchen and
meeting rooms.
Illegal Unit – A unit built without required permits
(building, electrical, plumbing).
Inclusionary Requirements – These programs require
a percentage of low and moderate income housing to
be provided in market -rate new residential
developments.
Mixed Use – Properties on which various uses, such
as office, commercial, institutional, and residential,
are combined in a single building or on a single site
in an integrated development project with significant
functional interrelationships and a coherent physical
design.
Second Unit - A self -contained living unit either
attached to or detached from, and in addition to, the
primary residential unit on a single lot. Sometimes
called “granny flat” or a “mother -in-law” unit. Junior
second units refer to repurposed existing space
(under 5 00 sq ft) within a single -family home to
create an independent living unit.
Single Room Occupancy (SRO) – One of the most
traditional forms of affordable private housing for
single and elderly low -income people and for new
arrivals to an area. An SRO unit is usually small,
between 80 and 250 square feet. It typically has a
sink and a closet but shares a bat hroom, shower, and
kitchen with other rooms.
40
Housing Element Policies and Programs
employees and college graduates will want to set up their own households to stay
close to their families or work.
Consistent with the State of California’s goal to provide “decent housing and a
suitable living environment for every California family,” and the City’s vision to
“provide housing for people at all stages of life, at all income levels,” policies and
programs preserve existing housing and encourage new housing. With proactive City
leadership, the creative and focused activities of Community Development and
Economic Development Departments,the Redevelopment Agency, and a community-
wide partnership to implement housing programs, San Rafael will continue to be a
leader in providing a variety of housing types to meet the diverse needs offor its
residents.
Building Upon Past Successes
The City of San Rafael is sensitive to the many converging and competing interests,
desires and views in the City relating to development of housing, preservation of the
character of San Rafael’s neighborhoods, ease of getting around, and protection of
environmentally sensitive areas.
To encourage housing in the Downtown, General Plan incentives were adopted in
1988 and 1996 that: (1) allow height and density bonuses for affordable housing; (2)
encourage mixed-use development by modifying development potential calculations;
(3) reduce the parking requirement for downtown units; (4) provide live/work
opportunities; and (5) provide for single-room occupancy units. As a means of
further encouraging mixed use in commercial areas outside the Downtown, General
Plan 2020 extends Downtown's modified development potential calculations
throughout all commercial areas of the City.
In addition, in 2001 the General Plan was amended to revise inclusionary
requirements to better target new housing to very low- and low-income households.
San Rafael supports the development and acquisition of affordable housing units by
non-profit and for-profit developers. Since 1991, the former San Rafael
Redevelopment Agency has provided financial assistance that has resulted in the
long-term affordability of 1,317840 affordable rental units (91 percent rental units, 9
percent ownership units). All of these units have ongoing affordability restrictions
monitored by the City.Redevelopment Agency. Community Development and
Economic DevelopmentRedevelopment Agency staff works closely with housing
advocates and developers to create financially viable projects. Financial support is
available in a variety of forms, from loans and grants to tax credits and outright
purchases.
41
Housing Element Policies and Programs
The Planning Commission and City Council have unanimously supported new housing
development. Housing development in the past 2512 years has provided a significant
amount of affordable housing projects including Centertown, Maria B. Freitas Senior
Housing, Lone Palm Apartments, Baypoint Lagoon and Ecology House. In addition,
over these years many market rate residential projects have been developed that
include a component of below-market rate units. These development projects
include, among others, Redwood Village, Peacock Ridge, 33 North (San Pablo
Avenue) and the Rafael Town Center. San Rafael’s Economic Development
DepartmentRedevelopment Agency tracks the “below market rate” units and
ensures that they are providing housing for households of the targeted incomes. The
Because of the City’s inclusionary and density bonus policies, and the investment of
the former redevelopment Agency has resulted in over 1,400 affordable rental units
and 113 ownership units representing about 25 percent of the new housing in San
Rafael is affordable to households earning below the median household income
level.
In short, implementing San Rafael’s housing policies is a team effort, grounded by
General Plan policies and empowered by a vision that affordable units are an
essential part of San Rafael’s housing stock and maintaining its diverse population.
The City continues to support a multi-faceted approach to housing that builds upon
these successes, maximizes the chances for broad community consensus and fulfills
the State of California’s requirement that adequate housing potential exists to meet
specified housing needs.
Housing Needs
The lack of affordable housing has long been a top issue in San Rafael, with the City’s
existing and projected housing needs documented in the 2014 Housing Needs
Assessment (refer to Appendix B-1). Both the 1974 and 1988 General Plans identified
affordable (also known as workforce) housing as a vital community need. The topic
was identified most recently again as a top planning issue in the Trends Report (2000)
and the Issues Report (2000) where community members ranked affordable housing
as one of the top three issues facing San Rafael.
High rents, employee recruitment and retention challenges, congestion on local
highways and lengthening of commute time all result from a lack of affordable
housing in San Rafael. A detailed examination of San Rafael’s housing need, housing
supply, cost of housing, population, household characteristics and quantified
objectives to meet those needs is provided in Appendix B.
There are five levels of affordability discussed in the Housing Element:
Extremely low income households earn less than 30 percent of the median
household income.
42
Housing Element Policies and Programs
Very low income households earn less than 50 percent of the median household
income.
Low income households earn between 50 and 80 percent of the median household
income.
Moderate income households earn between 80 and 120 percent of the median
household income.
Above moderate income households earn more than 120 percent of the median
household income.
Table 2: San Rafael’s Regional Housing Need
Household incomes are described in terms of family size and are determined on an
annual basis. The table above lists Marin County income levels for 201409, as
determined by the U.S. Department of Housing and Urban Development. For
example, using the table above, a family of three with an income below
$81,45069,700 would be considered a low-income household. The final column of
the table identifies the median income levels in 2009 as presented in San Rafael's last
Housing Element, and indicates a modest 6.4 percent increase in median incomes
levels between 2009 and 2014.
Who Needs Housing?
Low- and moderate-income families living in overcrowded housing where
families double up, or larger families living in one and two-bedroom apartments.
Seniors with very low and low incomes, living primarily off of SSI benefits, and
perhaps some retirement savings. Many own their own house, some live alone.
Not all have the resources to maintain their house, and some may need to live
closer to services.
Students at Dominican University and College of Marin, and young adults in local
businesses.
E x h i b i t 1 3 : M A R I N C O U N T Y I N C O M E L E V E L S , 2 0 1409
Household
Size
Extremely Low
Income
(less than 30%
median income)
Very Low Income
(less than 50%
median income)
Low Income
(50 – 80%
median income)
Moderate Income
(80 – 120%
median income)
2014
Median
Income
2009
Median
Income
1 $23,750 and below $23,751 - $39,600 $39,601 - $63,350 $63,351 - $88,500 $72,100 $67,750
2 $27,150 and below $27,151 - $45,250 $45,251 - $72,400 $72,401 - $98,900 $82,400 $77,450
3 $30,550 and below $30,551 - $50,900 $50,901 – $81,450 $81,451 - $111,250 $92,700 $87,100
4 $33,950 and below $33,951 - $56,550 $56,551 – $90,500 $90,501 – $123,600 $103,000 $96,800
5 $36,650 and below $36,651 - $61,050 $61,051 - $97,700 $97,701 - $133,500 $111,250 $104,550
6 $39,400 and below $39,401 - $65,600 $65,601 - $104,950 $104,951 - $143,400 $119,500 $112,300
43
Housing Element Policies and Programs
Employees in local businesses, commuting on Highway 101 or I-580. People who
live in the community where they work do not have a lengthy commute.
Very low income households, including those without a place to call home.
People with disabilities who have specific design or service considerations, such as
wheelchair-accessible apartments or group homes with semi-independent living.
What Kind of Housing is Needed?
Rental units, particularly Single Room Occupancy Units and studios affordable to
those with low and very low incomes, and two or more bedroom units affordable
to moderate and below income households.
Ownership family units.
Smaller and attached for-sale units affordable to very low, low and moderate
income households.
Senior housing affordable to very low, low and moderate income households.
Second units and junior second units (repurposing existing space such as the
conversion of a bedroom to a small, independent unit) which would encourage
seniors to remain in their homes. (which can also improve the affordability of the
single family units).
Housing with a service component.
Emergency Housing
One unique aspect of the State’s Housing Element law is the assistance provided to
local governments in quantifying housing needs. Under California law, every city and
county has a legal obligation to respond to its fair share of the projected future
housing needs in the region in which it is located. For San Rafael and other Bay Area
jurisdictions, the regional housing need is determined by the Association of Bay Area
Governments (ABAG), based upon an overall regional need number established by
the State. The fair share numbers establish goals to guide local planning and
development decision-making.
Housing needs are described in terms of affordability to various household incomes.
The ABAG Regional Housing Needs Allocation (RHNA) for San Rafael call for a
demonstrated planning capacity total of 1,007403 housing units between January 1,
2014une 2007 and October 31, 2022June 2014 (see Exhibit 14). San Rafael must
demonstrate that adequate provisions are made to support the development of
housing at the various income levels to meet its fair share of the projected regional
housing needs. San Rafael’s housing objective is based on the identified housing
needs for San Rafael.
Between January 2014 and July 2014,As of 2009, for the Planning period of 2007-
2014, 304 of projects that include 3 or more units, 19 units have received planning
entitlements or are under construction in San Rafael.been built or approved on
44
Housing Element Policies and Programs
vacant and underutilized lots. There are two perspectives from which to understand
the ABAG housing needs and how they relate to San Rafael’s adequate sites analysis:
Are there adequate sites to meet the City’s total housing needs?
Are there adequate sites at sufficient densities to meet the City’s need for very
low-, low- and moderate-income housing?
Based on surveys of existing rents, second units and market rate apartments are
generally affordable to moderate income households. The State assumes that a
density of at least 30 units/acre is usually needed to create opportunities for very
low- and low-income housing to be built. The density allows for savings in
construction, long-term management and maintenance costs, as well as
competitiveness for tax credit financing and land costs. Specific areas of San Rafael
have been identified as potential housing opportunity sites (Appendix B).
In addition to addressing the ABAG housing needs requirements, General Plan 2020
looks at the housing for San Rafael in the longer-term. Because the timeframe for the
General Plan is longer than the State’s timeframe for planning for housing needs, the
City’s policies and programs provide direction beyond 2014.
45
Housing Element Policies and Programs
Overview of Key Recommendations
San Rafael's housing strategies are to:
Preserve and strengthen San Rafael's neighborhoods so that they continue to
improve over time.
Be proactive in new housing so that changes continue to enhance San Rafael,
making it an ever-increasingly attractive place to live.
Target resources for effective partnerships involving property owners,
developers, neighborhoods, businesses, civic and service organizations, and the
County to address housing needs.
Foster land use patterns and densities which support lifestyles which rely less on
carbon-based transportation.
The City’s strong commitment to meeting the needs for affordable housing is
demonstrated through permit streamlining, financial support, and community
involvement. Housing policies are written so that affordable housing is targeted to a
variety of economic levels, integrated into projects and dispersed throughout the
community. Support is also provided by elected officials and members of the
business community who understand the critical role affordable housing has in
making San Rafael a balanced and healthy community.
Because San Rafael has little remaining vacant land available for large-scale
development, building on smaller or under-utilized sites scattered throughout the
city will be important in meeting its housing needs. These “infill” sites must be
developed in a way that best adds value to a neighborhood. Encouraging new
housing development at appropriate densities, promoting mixed-uses where housing
can be incorporated into areas of commercial-only or industrial-only uses, and
supporting continued development of second units will help make better use of our
land resources and to address San Rafael’s housing needs.
Table 2: San Rafael’s Regional Housing Need
E x h i b i t 1 4 : S a n R a f a e l ’ s R e g i o n a l H o u s i n g N e e d
B y H o u s e h o l d I n c o m e , 2 0 1407 - 202214
Housing
Need
Very Low
Income
Households
Low Income
Households
Moderate
Income
Households
Above
Moderate
Income
Households
Average
Yearly
Need
1,007
1,403
240 262
Extremely
low income*:
120 131
148
207
181
288
438
646
115
200
* Extremely low income household need is a subset of very low income household need.
46
Housing Element Policies and Programs
Housing policies must be integrated with related issues such as land use, design,
traffic capacity, economic development, and adequate infrastructure. For example,
design policies for multifamily housing will try to ensure enhancement of
neighborhood identity and sense of community by having new housing sensitively
address scale and compatibility in design to the surrounding neighborhood. Linkages
with land use strategies that encourage use of transit are also supported in housing
policies.
The major actions proposed are to:
Continue the City’s proactive role in protecting existing housing and assuring that
new housing continues to enhance the City’s diversity, economy and quality of
life.
Broaden affordability requirements in new housing developments. Establish
higher percentages of affordable units when traffic allocation and density bonuses
are requested.
Require new nonresidential development to contribute to the production of
affordable housing, such as providing housing on- or off-site, subsidizing
mortgages and/or rents and payment of in-lieu fees.
Support housing development either as redevelopment or infill to improve certain
areas of town.
Encourage second units as a means of dispersing small, affordable units
throughout the community by modifying zoning regulations and processing
requirements. Promote creation of junior second units through the repurposing of
existing space in single-family homes as independent rental units.
Require that illegal units are abated/removed or legalized.
Expand allowances for mixed-use and infill housing development in commercial
areas in order to create housing near workplaces.
Encourage development at higher densities within easy walking distance to transit
where reduced automobile usage and parking requirements are possible.
Continue to support housing for population groups who require special assistance,
such as homeless persons, people living with disabilities, seniors, large families,
and single-parent households.
47
Housing Element Policies and Programs
GOAL 3: HOUSING NEEDS
It is the goal of San Rafael to have a strong sense of community and responsibility
in meeting housing needs. Historically, San Rafael has provided housing of all types
to meet the varied needs of its population in settings that enhance the feeling of
community.
It is important to enhance our sense of community by identifying responsibilities of
all sectors within the community (neighborhoods, business, non-profits, government,
etc.) to effectively address the City’s housing needs and to assure effective
application of Fair Housing laws. The intent in this approach is to continue to be
purposeful and creative in finding ways to increase local funding resources and/or
financially equivalent incentives for lower income and special needs housing, and to
take a proactive approach in creating and responding to opportunities to achieve San
Rafael’s housing goals.
New development must be compatible with and enhance existing community
character. San Rafael residents at the 2020 Visioning session stated that maintaining
community diversity is one of their highest priorities. The City’s policies encompass
two approaches. The first is that the City and its neighborhoods share a responsibility
in helping to meet housing needs; investment in new housing and improvements
should be distributed throughout the city. Second, new housing development must
recognize and enhance the design character of the surrounding neighborhood. In the
end, future development is planned based on community wide needs, sound
citywide policies, neighborhood involvement, capital improvements, and public
facility and service capacity.
H-1. Housing Distribution.
Promote the distribution of new and affordable housing of quality construction
throughout the city to meet local housing needs.
H-1a. Annual Housing Element Review. Provide an annual assessment of
hHousing eElement progress report for review by the public, City decision-
makers implementation through annual review of General Plan 2020. Provide
opportunities for public input and discussion, in conjunction with State
requirements. The Report will document:
San Rafael's annual residential building activity, including identification of
any deed restricted affordable units;
Progress towards the Regional Housing Needs Allocation since the start of
the planning period; and
Implementation status of Housing Element programs
Proposed update: H-1 HOUSING DISTRIBUTION
Policy carried forward as H-1.
48
Housing Element Policies and Programs
Responsibility: Community Development, Economic Development
Timeframe: Annually
Resources: Fees, Redevelopment
H-1b. Housing Production. Monitor housing production annually to review achievements
in meeting the community’s housing goals.
Responsibility: Community Development, Economic Development
Timeframe: Annually
Resources: Fees, Redevelopment
See also H-18c (Reuse of Commercial Sites) and H-18e (Underutilized Public and Quasi-
Public Lands for Housing).
H-2. Neighborhood Improvements.
Recognize that construction of new housing can enhance a community. Encourage
investment in housing that adds to the appearance and value of a neighborhood.
See NH-2a (Zoning Ordinance).
H-23. Design That Fits into the Neighborhood Context.
Recognize that construction of new housing and improvements on existing properties
can add to the appearance and value of the neighborhood if they fit into the established
character of the area. Design new housing, remodels and additions to be compatible to
the surrounding neighborhood. Incorporate transitions in height and setbacks from
adjacent properties to respect adjacent development character and privacy. Respect
existing landforms and minimize effects on adjacent properties.
H-23a. Design Concerns of Single-Family Homes. Examine and amend, as
needed, zoning regulations and guidelines for single-family homes to address
concerns about bulk, height, setbacks privacy and other impacts of new homes
and of additions to existing homes. Consider potential cost impacts on housing
development when developing new regulations and guidelines.
Responsibility: Community Development
Timeframe: Short Long Term (20173)
Resources: Staff Time
Proposed update: H-1a. Annual Housing Element Review.
Maintained program.
Proposed update: H-1b. Housing Production.
Consolidated with Program H-1a.
Monitoring housing production and measuring progress towards RHNA is
already required as part of Annual Housing Element Report.
Proposed update: H-2. NEIGHBORHOOD IMPROVEMENTS
Policy carried forward (consolidated with renumbered H-2)
Proposed update: H-3. DESIGN THAT FITS INTO THE NEIGHBORHOOD CONTEXT
Policy carried forward - (renumbered to H-2)
49
Housing Element Policies and Programs
H-23b. Compatibility of Building Patterns. Adopt design guidelines to ensure
compatibility of neighborhood building patterns. Guidelines may address setback
patterns, garage and driveway patterns, and building scale. Further develop the
character-defining elements of the neighborhood. Guidelines may address
entries, roof design, windows, architectural style, materials and detailing.
Consider potential cost impacts on housing development when developing new
regulations and guidelines.
Program Objective: Adopt Residential and Mixed Use Development Design
Guidelines
Responsibility: Community Development
Timeframe: Short Long Term (20173)
Resources: Staff Time
See LU-2a (Development Review) and CD-11a (Compatibility of Building
Patterns).
H-34. Public Information and Participation.
Provide information on housing programs and related issues. Encourage and support
public participation in the formulation and review of the City’s housing policy, including
encouraging neighborhood involvement in development review. Work with community
groups to advocate programs that will increase affordable housing supply and
opportunities. Ensure appropriate and adequate involvement so that the design of new
housing will strengthen the character and integrity of the neighborhood.
H-34a. Neighborhood Meetings. Continue to encourage require neighborhood
meetings, as provided for by the City Council resolution for Neighborhood
Meeting Procedures, for larger housing development proposals and those that
have potential to change neighborhood character.
Responsibility: Community Development
Timeframe: Ongoing (as part of project review)
Resources: Fees
H-34b. Information and Outreach on Housing Issues. Continue to provide
information to improve awareness of housing needs, issues and programs, and to
collaborate with housing organizations to publicize in-service training, press
releases, fair housing laws, contacts and phone numbers. For example, provide
Proposed update: H-3a. Design Concerns of Single-Family Homes.
Maintain program. (renumbered Program H-2a)
Proposed update: H-3b. Compatibility of Building Patterns.
Maintain program. (renumbered Program H-2b)
Proposed update: H-4. PUBLIC INFORMATION AND PARTICIPATION
Policy carried forward - (renumbered to H-3)
Proposed update: H-4a. Neighborhood Meetings.
Maintain program. Refine to replace "require" with "encourage"
(renumbered to Program H-3a)
50
Housing Element Policies and Programs
links on the Community Development webpage to housing resources, such as the
State Department of Housing and Community Development (HCD).
Responsibility: City Manager, Community Development, Economic
Development
Timeframe: Annually
Resources: Fees, Redevelopment
See also CD-15a (Notification and Information about Development Projects) and
G-7a (Review of Facilities Proposed by Other Public Agencies).
H-5. City Leadership.
Continue to provide a leadership role to attain the goals of the Housing Element by
following through on the actions prescribed in the Housing Element in a timely manner.
H-5a. Housing Element Update. Undertake housing element updates as required by law
or generally every five years.
Responsibility: Community Development
Timeframe: Short Term (2015)
Resources: Fees
H-5b. Constraints and City Incentives for Affordable Housing. As part of the five-year
General Plan update, conduct a review by staff and development experts of housing
needs, financing, City processing and development incentives, and potential constraints
and opportunities to create affordable housing.
Responsibility: Community Development, Economic Development
Timeframe: Short Term (2016)
Resources: Fees
H-5c. Redevelopment’s Implementation Plan. Update the Redevelopment Agency’s
Implementation Plan, as required by Sate law or generally every five years.
Responsibility: Economic Development
Timeframe: Short Term (2015)
Resources: Redevelopment
Proposed update: H-4b. Information and Outreach on Housing Issues
Maintain program. (renumbered Program H-3b)
Proposed update: H-5. CITY LEADERSHIP
Policy carried forward (consolidated with renumbered H-4)
Proposed update: H-5a. Housing Element Update.
Remove program. Done as matter of course, unnecessary to call out as
program.
Proposed update: Constraints and City Incentives for Affordable Housing.
Move to renumbered program H-17d - Efficient Project Review (under
new policy Regulatory Processes and Incentives for Affordable Housing)
Proposed update: H-5c. Redevelopment’s Implementation Plan.
Remove program - no longer applicable with loss of RDA.
51
Housing Element Policies and Programs
H-5d. Expertise in Production of Affordable Housing. Contract with housing consultant(s) as
needed to provide staff with the expertise to negotiate affordable housing contracts and
housing development proposals.
Responsibility: Economic Development
Timeframe: Ongoing (as part of project review)
Resources: Redevelopment
H-5e. Redevelopment Agency Activities. Promote residential opportunities in the
redevelopment area, where appropriate, through the Redevelopment Agency. Specifically,
develop a summary resource of development requirements for properties around the
Downtown and Civic Center transit hubs, and other areas as needed.
Responsibility: Economic Development
Timeframe: Short Term (2013)
Resources: Redevelopment
H-46. Governmental and Community
CollaborationCoordinate with Other Jurisdictions in
Addressing Housing Needs.
Collaborate when possible with other jurisdictions in Marin County in addressing
regional housing needs. Support community partnerships to assist in the development
of needed housing. Participate in local and regional housing assistance programs and
establish relationships and coordinate with other public agencies, non-profit and for-
profit housing sponsors in the use of available programs to provide lower-cost housing
in San Rafael. Take leadership in attaining the goals of the Housing Element by
coordinating with interested parties and carrying out prescribed actions in a timely
manner.
H-46a. Inter-Jurisdictional Housing Activities and Resources. Continue to
implement shared responsibilities, common regulations, coordinated lobbying
efforts and the housing data clearinghouse to efficiently and effectively respond
to housing needs within the Ccities and County of Marin.
Responsibility: Community Development
Timeframe: AnnuallyOngoing
Resources: Fees
Proposed update: H-5d. Expertise in Production of Affordable Housing.
Remove program. Done as matter of course, unnecessary to call out as
program.
Proposed update: H-5e. Redevelopment Agency Activities.
Remove program - no longer applicable with loss of RDA.
Proposed Update: H-6. COORDINATE WITH OTHER JURISDICTIONS IN
ADDRESSING HOUSING NEEDS.
Policy carried forward
(renamed and renumbered to H-4)
Proposed Update: H-6a. Inter-Jurisdictional Housing Activities and
Resources
Maintain program. (renumbered Program H-4a)
52
Housing Element Policies and Programs
H-4b. Community Collaboration. Encourage cooperative and joint ventures
between owners, developers and community non-profit groups in the provision
of affordable housing. Give technical assistance to non-profit developers by
providing information on other local sources of funding for affordable housing
and introductions to other funders.
Responsibility: Community Development, Economic Development
Timeframe: Ongoing
Resources: Fees, Staff Time
See also H-6c (Funding Applications).
H-7. Community Collaboration and Partnerships.
Support community partnerships to assist in the development of needed housing.
Participate in local and regional housing assistance programs and establish relationships
and coordinate with other public agencies, non-profit and for-profit housing sponsors in
the use of available programs to provide lower-cost housing in San Rafael.
H-7a. Cooperative Ventures. Encourage cooperative and joint ventures between owners,
developers and community non-profit groups in the provision of affordable housing. Give
technical assistance to non-profit developers by providing information on other local
sources of funding for affordable housing and introductions to other funders.
Responsibility: Economic Development
Timeframe: Annually
Resources: Fees, Redevelopment
See also H-9f (Funding Applications).
H-58. Fair HousingHousing Discrimination.
Take action when necessary to prevent discrimination on the basis of race, religion, sex,
marital status, ancestry, national origin, color, familial status or disability in San Rafael’s
housing market.
H-8a. Complaints. Continue to refer discrimination complaints to the appropriate legal
service, county, state or federal agency, or Fair Housing of Marin.
Responsibility: Community Development, Economic Development
Timeframe: Annually
Resources: Fees, Redevelopment
Proposed Update: H-7a. Cooperative Ventures.
Retitled Community Collaboration (Program H-4b)
Proposed Update: H-7. COMMUNITY COLLABORATION AND
PARTNERSHIP
Policy consolidated and carried forward
(renamed and consolidated with H-4)
Proposed Update: H-8. HOUSING DISCRIMINATION
Policy carried forward
(renamed and renumbered to H-5)
Proposed Update: H-8a. Complaints.
Maintain program - integrate within renumbered Fair Housing Program
H-5a.
53
Housing Element Policies and Programs
H-8b. Non-discrimination Clauses. Continue to provide nondiscrimination clauses for
housing receiving City or Redevelopment Agency financial assistance.
Responsibility: Community Development,
Economic Development
Timeframe: Annually
Resources: Redevelopment, Staff Time
H-8c5a. Fair Housing ProgramLaws. Designate the Community Development Director
as the Equal Opportunity Coordinator in San Rafael. Ensure that written materials
regarding fair housing law are provided at various public locations, and that
information about fair housing agencies and phone numbers is posted in places such
as the City’s website, at City Hall, the Public Library and other public places. As part
of the Cooperative Agreement with the County on CDBG funding, continue to require
a portion of the City’s allocation be directed to Fair Housing of Marin and/or other
fair housing organizations. Continue to refer discrimination and tenant/landlord
complaints to Fair Housing of Marin, or the appropriate legal service, county, state or
federal agency.
Responsibility: Community Development, Economic Development
Timeframe: OngoingAnnually
Resources: Staff Time
H-69. Funding for Affordable Housing.
Given the loss of Redevelopment funds, combined with
reductions in federal housing funding, the City's ability
to directly finance affordable housing is significantly
diminished. San Rafael's primary tool to support the
development of affordable housing is through its
Affordable Housing Ordinance, which produces both
affordable units and generates in-lieu fees. The City
will continue to actively pursue outside funding sources
to leverage local funds and maximize assistance. In
addition to applying for those funds directly available
to municipalities, the City plays an important role in
supporting developers to secure outside funds.
Seek proactive and creative ways to lower housing costs for lower income households
and people living with special needs. Continue to use local, state and federal assistance
to achieve housing goals and to increase ongoing local resources to provide for
affordable housing.
Proposed Update: H-8b. Non discrimination Clauses.
Remove program. Done as matter of course, unnecessary to call out as
program.
Proposed Update: H-8c. Fair Housing Laws.
Maintain program. (renumbered Program H-5a)
Proposed Update: H-9. FUNDING FOR AFFORDABLE HOUSING.
Policy carried forward - (renumbered to H-6)
54
Housing Element Policies and Programs
H-9a. Housing Set-Aside Fund. Continue to utilize the Redevelopment Agency’s Housing
Set-Aside Fund for affordable housing development to increase, improve, and preserve
the community’s supply of housing affordable to low- and moderate-income persons.
Responsibility: City Manager, Economic Development
Timeframe: Annually
Resources: Redevelopment
H-9b. Trust Fund for Housing. Support efforts by the private sector, local employers and
housing advocates to create a Housing Trust Fund to assist with the financing of
affordable housing. Support efforts of the Housing Trust Fund to assist with the financing
of affordable housing. This support includes identifying sites that meet the funding
requirements of the Marin Workforce Housing Trust Fund, notifying the Marin Workforce
Housing Trust staff of discussion and pending CDBG, 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.
Responsibility: Economic Development
Timeframe: Annually
Resources: Redevelopment
H-9c6a. In-Lieu Fees for Affordable Housing. Dedicate in-lieu fees for affordable
housing, including rehabilitation, acquisition and design support for second units
and infill housing. Dedicate a portion of the commercial in lieu fees for housing
for very low income households.Affordable Housing In-Lieu Fees generated from
non-residential development and fees generated from residential developments
pursuant to San Rafael Zoning Code Section 14.16.030 are placed in a Citywide
housing in-lieu fee fund to be used to increase the supply of housing affordable
to very low, low and moderate income households. As of the end of fiscal year
2013/14, San Rafael's Housing In-Lieu Fee Fund has a current balance of
approximately $1.2 million, with an estimated $100,000 in additional fees which
could be generated during the planning period. Given this relatively limited
amount of funding, the City anticipates focusing these resources on the provision
of affordable housing through acquisition and rehabilitation activities, rather
than new construction. Pursuant to State Law, the City will dedicate a portion of
these in lieu fees for housing for extremely low and very low income households.
Program Objective: Contribute funding towards at least one affordable
rental project for lower income households.
Responsibility: Community Development, Economic Development
Timeframe: OngoingAnnually
Resources: Housing in-lieu fees
See also H-9h (Funding for Very Low Income Housing).
Proposed Update: H-9a. Housing Set-Aside Fund.
Remove program- - no longer applicable with loss of RDA.
Proposed Update: H-9b. Trust Fund for Housing.
Remove. Completed and language consolidated with Program H-6b
Proposed Update: H-9c. In-Lieu Fees for Affordable Housing.
Revised program - renumbered Program H-6a. Expanded description,
including projected funding amounts and objective to direct funding
towards acquisition/rehab rather than new construction.
55
Housing Element Policies and Programs
H-9d. Technical Assistance to Housing Developers. Continue to provide staff
expertise and assistance to housing developers on methods and resources
available to reduce the cost of housing units.
Responsibility: Economic Development, Community Development (Design Review
Board)
Timeframe: Ongoing (as part of project review)
Resources: Redevelopment
H-9e6b. Funding Resources. Work with community and elected leaders to
identify potential public and private funding resources forrevenue sources that
support local affordable housing initiatives, and to leverage the City’s and
Redevelopment Agency’s affordable housing funds.
Program Objective: Seek to secure at least two new funding sources during
the planning period.
Responsibility: Economic Development
Timeframe: 2011Ongoing
Resources: Staff Time, Redevelopment
H-9f6c. Funding Applications. As opportunities for funding become available,
coordinate applications for State and Federal subsidies for affordable housing, and
(1) provide technical assistance in public funding resources and local processing
requirements, including community involvement; (2) consider project funding and
timing needs in the processing and review of the application; and (3) work with
applicants to identify appropriate submittal materials to enable a timely
determination of application completeness.
Responsibility: Community Development, Economic Development
Timeframe: Annually
Resources: FeesSee also H-7a (Cooperative Ventures).
H-9g. Waiver or Reduction of Fees. Continue to offer fee waivers and reductions for
applications including affordable units, consistent with Resolution 11025.
Responsibility: Community Development
Timeframe: Ongoing (as part of project review)
Resources: General Fund
Proposed Update: H-9d. Technical Assistance to Housing Developers.
Remove program. Addressed under renumbered Program H-4b
Community Collaboration.
Proposed Update: H-9e. Funding Resources.
Maintain program. Added objective to secure 2 new funding sources
(renumbered Program H-6b)
Proposed Update: H-9f. Funding Applications.
Maintain program. (renumbered Program H-6c)
Proposed Update: H-9g. Waiver or Reduction of Fees.
Move to renumbered Program 17c -Waiver or Reduction of Fees (under
new policy Regulatory Processes and Incentives for Affordable Housing).
56
Housing Element Policies and Programs
H-9h. Funding for Very Low Income Housing. Work with Marin County, the Chamber
of Commerce and Marin Community Foundation to identify approximately
$1,000,000 for funding for housing for very low income households.
Responsibility: Economic Development
Timeframe: 2012
Resources: Staff Time, Redevelopment
Proposed Update: H-9h. Funding for Very Low Income Housing.
Remove program. Addressed within renumbered Program H-6b to pursue
outside funding sources, and renumbered Program H-9d - Housing for
Extremely Low Income Households.
57
Housing Element Policies and Programs
GOAL 4: A DIVERSE HOUSING SUPPLY
It is the goal of San Rafael to have an adequate housing supply and mix that
matches the needs of people of all ages, income levels, and special requirements.
San Rafael has a wide range of housing types. People who work in San Rafael should
be able to live here and there should be adequate housing for seniors and very low-
income households.
Shelter is an essential need of life. The City recognizes shelter as basic to human
dignity. The present housing situation in San Rafael effectively limits the right to
shelter to the well-to-do, and limits opportunities for seniors and young adults to
remain in their community. It limits the ability of teachers and other public service
employees, people who work in local businesses and people who provide childcare
and elder care to find housing so that they can live in the community where they
work.
More housing choices can be created through mixed-use housing, shared housing,
live-work units, higher density housing close to public transit and services, and
sensitive development of unused or underutilized lands. Revisions made to California
State law in 2003 make it easier for single-family property owners to add a second
unit. At the same time, the City will continue to pursue abatement of illegal units –
units built without required building permits. The City will assist property owners in
legalizing units where feasible.
Protection and Maintenance of Existing Housing
H-710. Protection of the Existing Housing Stock.
Continue to protect existing housing from conversion to nonresidential uses. and
encourage rental subsidy programs that can be applied to existing housing. Ensure that
affordable housing provided through government subsidy programs, incentives and
deed restrictions remains affordable over the required time period, and intervene when
possible to help preserve such housing.
H-710a. Condominium Conversion Ordinance. As stated in the zoning ordinance,
prohibit conversion of existing multifamily rental units to market rate
condominium units unless the City’s rental vacancy rate is above 5.0 percent, as
determined by the State of California Finance Department annual Population
Estimates. Exceptions include limited equity cooperatives, co-housing and other
innovative housing proposals that are affordable to low- and moderate-income
households.
Responsibility: Community Development
Proposed Update: H-10. PROTECTION OF THE EXISTING HOUSING STOCK
Policy carried forward
(renumbered to H-7)
58
Housing Element Policies and Programs
Timeframe: Ongoing (as part of project review)
Resources: Staff Time
H-710b. Preserving Existing Rental Housing Affordable to Low Income
Households through Ongoing Affordability Restrictions. At Risk of Conversion.
Eight assisted rental projects in San Rafael (totaling 291 units) are technically at-
risk of conversion to market rate prior to 2025. However, all eight projects are
owned and managed by non-profit organizations with a public purpose to
maintain affordable housing for low income and special needs populations. The
majority of these developments receive Federal and State funding, rather than
local funding, and therefore are not subject to the City’s monitoring
requirements. The City will work with the non-profit owners and State to address
any future loss of funding which may put these units at risk.Continue to work
with non profit housing organizations seeking to acquire and rehabilitate
affordable rental housing units in order to maintain ongoing affordability of the
units. Post and update as necessary information about the Redevelopment
Agency’s housing conservation program and other funding opportunities and
programs appropriate for non profit housing organizations on the City’s website.
Program Objective: Conservation of all 291 very low income rental units as
affordable
Responsibility: Economic Development, Community Development
Timeframe: As necessary to address any projects at-risk of conversion
Resources: Economic Development RedevelopmentState funding, City in-lieu
funds and Successor Agency affordable housing funds.
H-7c. Preserving Existing Rental Housing Affordable to Low Income Households
through Ongoing Affordability Restrictions. The City of San Rafael and the
former Redevelopment Agency is responsible for the annual monitoring of over
1,400 units in forty one publically and privately owned rental developments. In
addition, City policies have resulted in the development of 115 affordable
ownership units. All of these rental and ownership units have long term
affordability covenants.
Program Objective: For units owned by non- profit agencies, continue to
monitor these units as required by the original funding source (State, Federal
or Redevelopment Agency). For private units produced pursuant to City
inclusionary requirements, continue to monitor through annual income and
rent certificate from property owners.
Responsibility: Economic Development
Timeframe: Annual rent and income certification
Resources: Annual reporting fees, City in lieu funds and Successor Agency
affordable housing funds
Proposed Update: H-10a. Condominium Conversion Ordinance.
Maintain program. (renumbered Program H-7a)
Proposed Update: H-10b. Preserving Existing Rental Housing Affordable
to Low Income Households through Ongoing Affordability Restrictions.
Maintain program. (renumbered Program H-7b. Preserving Existing
Rental Housing Affordable to Low Income Households at Risk for
Conversion). Updated scope.
59
Housing Element Policies and Programs
See also H-17c9g (Waiver or Reduction of Fees).
H-10c. Canal Housing Improvement Program. Work with the Canal Housing
Improvement Program (CAHIP) citywide as a housing conservation program to provide
financial assistance for non profit housing organizations to acquire and rehabilitate
existing poorly maintained rental units and assure long-term affordability of the units
(see Program 10 (b)). Post and update as necessary information about the
Redevelopment Agency’s housing conservation program and other funding opportunities
and programs appropriate for non profit housing organizations on the City’s website.
Responsibility: Economic Development
Timeframe: Annually
Resources: Redevelopment
H-10d. Canal Affordable Safe and Healthy Housing. The Canal Affordable Safe and
Healthy Housing (CASH) program was expanded citywide to provide forgivable
rehabilitation loans to private owners in exchange for long-term affordability of a certain
portion of units. Information on this program and other funding opportunities and
programs appropriate for private rental property owners is posted on the City’s website
and updated as necessary.
Responsibility: Economic Development
Timeframe: 2012
Resources: Redevelopment
H-7d. BMR Resale Regulations. Continue to require resale controls on ownership
Below Market Rate (BMR) units to assure that units remain affordable to very
low, low and moderate-income households. Continue to monitor database with
Marin Housing.
Responsibility: Economic Development
Timeframe: Annually, affordable housing funds and City in-lieu fees
Resources: Successor Agency Funds
H-710e. Retention of Mobilehomes and Preservation of Existing Mobilehome
Sites. Retain where possible this type of housing, which includes the 400-home
Contempo Marin and the 30-home B-Bar-A mobilehome park, and its
affordability by continuing to implement the Mobilehome Rent Stabilization
Ordinance. Mobilehomes typically provide lower cost housing by the nature of
their size and design.
Responsibility: City Attorney
Timeframe: 2012Ongoing
Resources: Staff Time
Proposed Update: New Program
New program
Proposed Update: H-10c. Canal Housing Improvement Program.
Remove program. RDA funding no longer available to support.
Proposed Update: H-10d. Canal Affordable Safe and Healthy Housing.
Remove program. RDA funding no longer available to support.
Proposed Update: H-20a. BMR Resale Regulations.
Maintain program. (renumbered/renamed as Program H-7d).
60
Housing Element Policies and Programs
H-811. Housing Conditions and Maintenance.
Protect and conserve the existing housing stock and existing residential areas. Protect
residents and maintain the housing stock by enforcing the housing code for all types of
residential units. Support good management practices and the long-term maintenance
and improvement of existing housing.
H-811a. Apartment Inspection Program. To assure safe living conditions,
continue to enforce housing codes for all apartment projects, three units or
larger in size.
Responsibility: Community Development
Timeframe: Inspect all apartment units in the City every 5 yearsAnnually
Resources: Fees
H-811b. Code Enforcement and Public Information Programs. Coordinate
housing, building and fire code enforcement to ensure compliance with basic
health and safety building standards and provide information about
rehabilitation loan programs for use by qualifying property owners. Continue to
investigate reported illegal units and abate or legalize where possible units built
without permits or occupied in violation of San Rafael’s ordinances.
Responsibility: Community Development
Timeframe: AnnuallyBi-weekly meetings of the Development Coordinating
Committee
Resources: Staff Time
H-811c. Residential Rehabilitation and Energy Loan Programs. Coordinate with
other organizations, includingAs part of the Cooperative Agreement with the
County on CDBG funding, continue to require a portion of the City’s allocation be
directed to the Marin Housing Authority and PG&E, to continue to provide and
expand to provide property improvement loans and technical assistance to
qualified very-low-income homeowners to make basic repairs and improvements,
correct substandard conditions, and eliminate health and safety hazards.
rehabilitation loan and grant programs to eligible homeowners and renter
Proposed Update: H-10e. Retention of Mobilehomes and Preservation of
Existing Mobilehome Sites.
Maintain program. (renumbered Program H-7e)
Proposed Update: H-11. HOUSING CONDITIONS AND MAINTENANCE
Policy carried forward
(renumbered to H-8)
Proposed Update: H-11a. Apartment Inspection Program.
Maintain program.
(renumbered Program H-8a)
Proposed Update: H-11b. Code Enforcement and Public Information
Programs.
Maintain program. (renumbered Program H-8b) Integrate program prior
Program H-12a (investigate and abate illegal units) within program
61
Housing Element Policies and Programs
households.Continue to advertise the Rehabilitation Program on the City's
website, and disseminate program brochures at City Hall.
Program Objective: Rehabilitation assistance to 3 very low income
households annually, subject to funding availability.
Responsibility: EconomicCommunity Development
Timeframe: AnnuallyAnnual through the CDBG funding allocation process
Resources: Grants (Community Development Block Grant)
H-11d. Volunteer Efforts. Continue to work with community service clubs and
organizations on volunteer labor-assistance housing improvement programs for
homeowners physically or financially unable to maintain their properties.
Support such programs through volunteer coordination and assistance, public
information campaigns, and financial assistance.
Responsibility: City Manager, Management Services
Timeframe: Annually
Resources: Staff Time
H-11e. Maintenance of Older Housing Stock. Pursue funding for conservation
and rehabilitation of the viable older housing units to preserve neighborhood
character and, where possible, to retain a supply of low- and moderate-income
units. Allocate a portion of annual CDBG funds for the County Home
Rehabilitation program, which provides funding for owner-occupied homes and
group homes for the disabled. In addition, provide Redevelopment Agency funds
to non profits to purchase and rehabilitate existing multifamily housing, and
continue to require the recordation of long term affordability covenants on the
property.
Responsibility: Community Development, Economic Development
Timeframe: Annually
Resources: Staff Time, Redevelopment Agency
H-11f8d. Relocation Assistance. Require applicants to provide certain limited
relocation assistance, per Section 14.16.279, for low-income tenants displaced by
new development or property improvements such as unit renovation or
rehabilitation that results in the vacancy of the unit, including referring tenants
to Marin Housing and providing cash compensation. Require notice of
displacement to be distributed at least 60 days before the property is to be
vacated.
Proposed Update: H-11c. Rehabilitation and Energy Loan Programs.
Refine program to focus on CDBG funded rehab and add quantifies
objectives for assistance. (renumbered Program H-8c Residential
Rehabilitation Loan Programs)
Proposed Update: H-11d. Volunteer Efforts.
Remove program. Implemented but volunteer group has since been
disbanded.
Proposed Update: H-11e. Maintenance of Older Housing Stock.
Remove program. Addressed under Residential Rehabilitation Loan
Program (renumbered H-8c) and In-Lieu fees for Affordable Housing
Program (renumbered H-6a)
62
Housing Element Policies and Programs
Responsibility: Community Development, Economic Development
Timeframe: Ongoing (as part of project review)
Resources: Staff tTime
H-12. Illegal Units.
Protect residents and the housing stock by abating illegal units. Where possible,
encourage property owners to legalize units built without required permits.
H-12a. Investigation and Abatement or Legalization of Units Built without Required
Permits. Continue to investigate reported illegal units and abate or legalize where
possible units built without permits or occupied in violation of San Rafael’s ordinances.
Responsibility: Community Development
Timeframe: Annually
Resources: General Fund, Grants, Redevelopment
Variety of Housing Choices for a Diverse Population
Many members of the community cannot occupy or afford traditional ownership and
rental units. Alternative housing options are needed to maintain diversity and to
provide safe shelter to all members of the community.
H-913. Special Needs.
Encourage a mix of housing unit types throughout San Rafael, including very low- and
low-income housing for families with children, single parents, students, young families,
lower income seniors, homeless and the disabled. Accessible units shall be provided in
multi-family developmentsprojects, consistent with State and Federal law.
H-913a. Adaptive Housing. Ensure compliance with State and Federal
requirements for accessible units. Conduct regular "coffee and codes" meetings
with design and construction industry members to discuss requirements under
the Americans with Disabilities (ADA) Act.
Responsibility: Community Development
Timeframe: OngoingAnnually
Resources: Fees
Proposed Update: H-11f. Relocation Assistance.
Maintain program. (renumbered Program H-8d)
Proposed Update: H-12. ILLEGAL UNITS
Policy removed (consolidated into renumbered H-8b Code Enforcement
and Public Information Programs)
Proposed Update: H-12a. Investigation and Abatement or Legalization of
Units Built without Required Permits.
Consolidated with Program H-11b -Code Enforcement and Public
Information Programs.
Proposed Update: H-13. SPECIAL NEEDS
Policy carried forward
(renumbered to H-9)
63
Housing Element Policies and Programs
H-913b. Reasonable Accommodation. Encourage and facilitate the provision of
housing for persons with disabilities. Implement Review and amend zoning
regulations as necessary to provide individuals with disabilities reasonable
accommodation in rules, policies, practices and procedures that may be necessary
to ensure equal access to housing. The purpose of this is to establish a specific
process for individuals with disabilities to make requests for reasonable
accommodation in regard to relief from various land use, zoning, or building laws,
rules, policies, practices and/or procedures of the City.
Responsibility: Community Development
Timeframe: Annually Ongoing
Resources: Staff Time
H-9c. Housing Opportunities for Persons Living with Disabilities: The Golden
Gate Regional Center (GGRC) provides services and support for adults and
children with developmental disabilities, including over 400 San Rafael residents.
The GGRC reports that 60 percent of their adult clients with developmental
disabilities live with their parents, and as these parents age and become more
frail their adult disabled children will require alternative housing options. The
City will coordinate with the GGRC to implement an outreach program informing
San Rafael families of housing and services available for persons with
developmental disabilities, including making information available on the City’s
website.
Program Objective: Disseminate information on resources available to
persons with developmental disabilities.
Responsibility: Community Development
Timeframe: 2015
Resources: Staff Time
H-9d. Housing for Extremely Low Income Households. To meet the needs of
extremely low income households, prioritize some housing fees for the
development of housing affordable to extremely low-income households, to
encourage the development of programs to assist age-in-place seniors, to
increase the amount of senior housing, to increase the production of second
units, and to facilitate the construction of multifamily and supportive housing.
Responsibility: Community Development
Timeframe: Annually
Resources: City in-lieu funds and Successor Agency affordable housing funds
Proposed Update: H-13a. Adaptive Housing.
Maintain program. Additionally, aim to conduct regular meetings with
design and construction industry members. (renumbered Program H-9a)
Proposed Update: H-13b. Reasonable Accommodation.
Maintain program (renumbered Program H-9b). Add new Program H-9c-
Housing Opportunities for Persons Living with Disabilities - to
specifically address needs of persons with developmental disabilities.
Proposed Update: New Program
New program, meets HCD program requirement to remove constraints to
housing for persons with disabilities.
64
Housing Element Policies and Programs
See also H5a (Housing Element Update), H-14c (Single-
Room Occupancy Units), H-17a (Assisted Living) and H-
19 (Inclusionary Housing Requirements).
H-104. Innovative Housing
Approaches.
Provide opportunities and facilitate innovative
housing approaches in financing, design and
construction of units to increase the availability of
low- and moderate-income housing and especially
for housing that meets the City’s housing needs. Examples include:
a. Limited Equity Cooperatives. Encourage limited equity residential cooperatives and
other non-profit enterprises such as self-help projects designed to provide affordable
housing.
b. Manufactured Housing (Modular, Mobile homes). Allow, consistent with state law,
creative, quality manufactured housing as a means for providing affordable housing.
c. Single Room Occupancy (SRO) Units. Encourage construction of new SRO units and
protection of the existing SRO unit supply.
d. Live/Work Housing. This type of housing is intended for a resident and their
business, typically on different floors of the same unit, and well suited to San Rafael's
downtown.
H-104a. Co-Housing, Cooperatives, and Similar Collaborative Housing
Development. Provide zoning flexibility through Planned Development District
zoning to allow housing development that is based on co-housing and similar
approaches that feature housing units clustered around a common area and
shared kitchen, dining, laundry and day care facilities.
Responsibility: Community Development
Timeframe: Ongoing (as part of project review)
Resources: Fees
See also LU-2a (Development Review).
H-104b. Manufactured Housing. Continue to allow quality manufactured
housing in all zoning districts which allow single-family residences.
Responsibility: Community Development
Timeframe: Ongoing (as part of project review)
Proposed Update: H-18j. Housing for Extremely Low Income Households.
Maintain program. Eliminate reference to RDA set-aside.
(renumbered as Program H-9d)
Proposed Update: H-14. INNOVATIVE HOUSING APPROACHES
Policy carried forward
(renumbered to H-10)
Proposed Update: H-14d. Co-Housing, Cooperatives, and Similar
Collaborative Housing Development.
Maintain program. (renumbered Program H-10a)
Formatted: Font: 11 pt
65
Housing Element Policies and Programs
Resources: Staff Time
H-104c. Single Room Occupancy (SRO) Units. Actively promote existing
incentives for SRO apartments, such as no density regulations and lower parking
standards, in multifamily and mixed use districts in recognition of their small size
and low impacts. Where needed, encourage linkages to social services. Continue
to utilize Redevelopment Housing Funds as available to protect the existing SRO
unit supply.
Responsibility: Community Development
Timeframe: OngoingShort Term (2012)
Resources: Fees, Redevelopment, Staff Time
H-104d. Zoning for Live/Work Opportunities. Continue to accommodate Review
implementation of live/work quarters in commercial districts, and allow for
flexibility in parking requirements as supported by a parking study.and provisions
in the Zoning Ordinance and amend as appropriate to ensure effective standards
that encourage live/work projects.
Responsibility: Community Development
Timeframe: Ongoing
Short Term (2012)
Resources: Staff Time
H-115. House Sharing.
Support organizations that facilitate house sharing, linking seniors and small households
with potential boarders to more efficiently use existing housing stock.
H-115a. Homesharing and Tenant Matching Opportunities. Continue to support,
and consider increased participation in, the Shared Housing Project in
collaboration with community partners.the Marin Housing Authority.
Responsibility: Community Development, Nonprofit Housing Providers, Social
Service OrganizationsMarin Housing Authority
Timeframe: OngoingAnnually
Resources: Staff TimeGrants (Community Development Block Grant)
Proposed Update: H-14a. Manufactured Housing.
Maintain program. (renumbered Program H-10b)
Proposed Update: H-14c. Single Room Occupancy (SRO) Units.
Maintain program. Remove reference to RDA Housing Funds.
(renumbered Program H-10c)
Proposed Update: H-14b. Zoning for Live/Work Opportunities.
Maintain program. (renumbered Program H-10d)
Proposed Update: H-15. HOUSE SHARING
Policy carried forward
(renumbered to H-11)
66
Housing Element Policies and Programs
H-11b. Junior Second Units. Coordinate with other Marin jurisdictions in
evaluating appropriate zoning regulations to support in the creation of "Junior
Second Units" of less than 500 square feet in size. Such units would be created
through the repurposing of existing space within a single-family dwelling to
create a semi-private living situation for a renter or caregiver in conjunction with
the owner-occupied unit. Junior second units would be required to have exterior
access, and meet the U.S. Census definition of a housing unit1 to qualify for credit
towards the City's regional housing needs (RHNA).
Program Objective: Adopt standards to facilitate junior second units. Seek
to issue permits for at least 20 units during planning period.
Responsibility: Community Development
Timeframe: Adopt Standards by 2015
Resources: Staff Time
See also H-16a (Second Units)
H-126. Residential Care Facilities and Emergency
Shelters.
Encourage a dispersion of residential care facilities and emergency shelters, and avoid
an over concentration of residential care facilities and shelters for the homeless in any
given area consistent with state and federal laws. Allow emergency shelter beds in
appropriate zoning districts in order to accommodate San Rafael’s unsheltered
homeless population. Recognize transitional and supportive housing units as residential
units, and eliminate governmental constraints to the operation or construction of
transitional, supportive, and emergency housing consistent with State law.
H-126a. Countywide Efforts to Address Homeless Needs. Work with other
jurisdictions and agencies in Marin to provide emergency, transitional, and
supportive housing and assistance throughout Marinfor families and individuals
who are homeless. Continue to support and allocate funds, as appropriate, for
1 The 2010 U.S. Census defines a "housing unit" as a house, an apartment, a mobile home, a group of
homes, or a single room that is occupied (of if vacant, is intended for occupancy) as separate living
quarters. Separate living quarters are those in which the occupants live and eat separately from any
other persons in the building and which have direct access from the outside of the building or through a
common hall.
Proposed Update: H-15a. Homesharing and Tenant Matching
Opportunities.
Maintain program. Replace "Marin Housing Authority” with "community
partners.” (renumbered Program H-11a)
Proposed Update: New Program
New Program
Proposed Update: H-16. RESIDENTIAL CARE FACILITIES AND EMERGENCY
SHELTERS
Policy carried forward
(renumbered to H-12)
67
Housing Element Policies and Programs
programs providing emergency, supportive, and/or transitional shelter and
counseling services for families and individuals who are homeless or at-risk of
homelessness.
Responsibility: Community Development, Economic Development, Nonprofit
Housing Providers, Marin Housing, County of Marin (funding)
Timeframe: Ongoing (as part of project review)
Resources: Staff Time
H-126b. Good Neighborhood Relations Involving Emergency Shelters and
Residential Care Facilities. Where determined necessary during review of an
application for a Use Permit application, encourage positive relations between
neighborhoods and providers of emergency shelters and residential care facilities
by requiring shelter outreach communication programs with the neighborhoods.
Responsibility: Community Development
Timeframe: As part of project review
Resources: Staff Time
H-126c. Residential Care Facilities. Regularly update zoning regulations that
govern residential care facilities to conform to Federal and State laws and to
encourage their location in areas that do not result in overconcentration of care
facilities. Explore the feasibility of requiring affordable units in assisted living
facilities, for example, reduced rate rentals with access to market-rate services.
Responsibility: Community Development
Timeframe: Midterm (2018)Short term (2012)
Resources: Staff Time
H-126d. Emergency Shelters., Transitional and Supportive Housing. Implement
Zoning Code Section 14.16.115Revise the zoning ordinance to allow emergency
shelters as a permitted use in the General Commercial (GC) and required by State
law. Continue to allow emergency shelters with a use permit in areas zoned for
office and commercial uses, including those areas designated as General
Commercial, Retail/Office, Residential/Office, Industrial, Light Industrial/Office, and
Public/Quasi-Public on the Land use Map. Amend the zoning ordinance to comply
with State law and designate the Light Industrial (LI/O) and other zoning districts
south of Bellam and east of hHighway 580 where San Rafael’s need for shelter beds
as described in Appendix B may be provided without a use permit or other
discretionary city approvals, and with appropriate performance standards as
allowed by State law. Continue to allow emergency shelters with a use permit in
areas zoned for office, commercial, light industrial and public/quasi-public use.
Proposed Update: H-16a. Countywide Efforts to Address Homeless
Needs.
Maintain program. (renumbered Program H-12a)
Proposed Update: H-16b. Good Neighborhood Relations Involving
Emergency Shelters and Residential Care Facilities.
Maintain program. Eliminate reference to Use Permit. (renumbered
Program H-12b)
Proposed Update: H-16c. Residential Care Facilities.
Maintain program. (renumbered Program H-12c)
68
Housing Element Policies and Programs
Implement the City's Zoning Code (Zoning Code Chapter 14.03 - Definitions),
consistent with State and Federal law, to recognize transitional and supportive
housing as residential uses, subject to the same restrictions and standards of similar
residential dwellings in the same zone.
Responsibility: Community Development
Timeframe: Short Term (2011) Ongoing
Resources: Staff Time
H-16e. Transitional and Supportive Housing. Amend the zoning ordinance, consistent with
State and Federal law, to recognize transitional and supportive housing as residential uses,
subject to the restrictions and standards of similar residential dwellings in the same zone.
Responsibility: Community Development
Timeframe: Short Term (2011)
Resources: Staff Time
See also H-8c5a (Fair Housing ProgramLaws)
H-137. Senior Housing.
Encourage housing that meets the needs of San Rafael’s older population, particularly
affordable units and affordable care facilities. Support development that provides
housing options so that seniors can find suitable housing to rent or purchase.
H-173a. Assisted Living. Evaluate current Amend the zoning ordinance to provide
regulations for new assisted living housing, and assess options to regulate as a
residential, rather than a commercial use. Evaluate establishing inclusionary
housing requirements for assisted living.
Program Objective: Undertake study of zoning for assisted living, and amend
zoning ordinance accordingly.
Responsibility: Community Development, Economic Development
Timeframe: Short Term (2012) Mid-term (2018)
Resources: Staff Time
H-17b. Deleted
Proposed Update: H-16d. Emergency Shelters.
Refine program to reflect zoning code amendment adopted consistent
with SB2 to allow shelters by right and to explicitly provide for
transitional and supportive housing as a residential use. (renumbered
Program H-12d)
Proposed Update: H-16e. Transitional and Supportive Housing.
Consolidated with renumbered Program H-12d - Emergency Shelters,
Transitional and Supportive Housing.
Proposed Update: H-17. SENIOR HOUSING
Policy carried forward
(renumbered to H-13)
Proposed Update: H-17a. Assisted Living.
Maintain program. Evaluate establishing inclusionary housing
requirements for assisted living. (renumbered Program H-13a)
69
Housing Element Policies and Programs
H-17c3b. “Age-in-Place” Assistance. Continue to Pprovide assistance to older
residents who want to remain independent and in their homes for as long as
possible, such as the Police Department’s “Are You OK?” program, the Fire
Department’s “Safety Check” program, Code Enforcement’s continuing
cooperation with the Marin County Social Services, and Community Services
social activities offered through the Community Centers.
Responsibility: Community Development, Police, Fire, Community Services
Timeframe: Annually
Resources: Staff Time, Grants, Partnerships with Community Partners
See also H-11b (Junior Second Units) and H-16a (New Second Units)
Proposed Update: H-17b Deleted.
Remove.
Proposed Update: H-17c. “Age-in-Place” Assistance.
Maintain program. (renumbered Program H-13b)
70
Housing Element Policies and Programs
Use Land Efficiently to Provide Affordable Housing
San Rafael is a city with very little remaining vacant land, much of it in
environmentally sensitive areas. The City of San Rafael has identified sites and areas
as having the potential to provide housing to help meet local demand, as well as
meet State law and regional need requirements. (See Housing Background, Appendix
B.) This potential is based on the properties’ availability for development, land use
designations, size and other physical characteristics and relative lack of
environmental constraints.
Each site may have unique issues pertaining to its neighborhood context that will
need to be addressed during review of any development proposal. These issues are
identified in site-specific policies in the Neighborhoods Element.
The City’s zoning capacity for housing is greater than the ‘total remaining need’ listed
below. These lands zoned for housing are available for development and sufficient to
accommodate San Rafael’s housing needs within the State’s planning timeframe.
H-184. Adequate Sites.
Maintain an adequate supply of land designated for all types of residential development
to meet the quantified housing needs of all economic segments in for San Rafael. Within
this total, the City shall also maintain a sufficient supply of land for multifamily housing
to meet the quantified housing need of very low, low and moderate income housing
units. Encourage development of residential uses in commercial areas where the vitality
of the area will not be adversely affected and the site or area will be enhanced by linking
workers to jobs, and by providing shared use of the site or area.
H-184a. Residential and Mixed Use Sites Inventory.Affordable Housing Sites.
Encourage residential development in areas appropriate and feasible for new
housing. These areas are identified in Appendix B, Housing Element Background,
Summary of Potential Housing Sites (available for view on the City’s website).
Program Objective: Maintain a current inventory of suitable sites, and
provide this information to interested developers along with information on
incentives.
Responsibility: Community Development, Economic Development
Timeframe: OngoingShort Term (2011)
Resources: Staff Time
See also CA-14a (Historic Building Code)
Proposed Update: H-18. ADEQUATE SITES
Policy consolidated and carried forward (renumbered to H-14)
Proposed Update: H-18a. Affordable Housing Sites.
Maintain program. Rename “Residential and Mixed Use Sites Inventory”
(renumbered Program H-14a)
71
Housing Element Policies and Programs
H-184b. Efficient Use of Multifamily Housing Sites. Do not approve residential-
only development below minimum designated General Plan densities unless
physical or environmental constraints preclude its achievement. Residential-only
projects should be approved at the mid- to high-range of the zoning density. If
development on a site is to occur over time the applicant must show that the
proposed development does not prevent subsequent development of the site to
its minimum density and provide guarantees that the remaining phases will, in
fact, be developed. Amend the zoning ordinance to allow residential use as a
permitted use in Downtown zoning districts.
Responsibility: Community Development
Timeframe: Ongoing (as part of project review)
; Short Term (2012 for zoning amendment)
Resources: Fees
H-18c. CEQA review. Use CEQA exemptions for infill development whenever
possible. If environmental review is warranted, require the appropriate level of
review based on the environmental issues identified in the initial study.
Responsibility: Community Development
Timeframe: Ongoing (as part of project review)
Resources: Staff time
H-18d4c. Continue to Implement Zoning Provisions to Encourage Mixed Use.
San Rafael has been effective in integrating both vertical mixed use and higher
density residential development within its Downtown. As a means of further
encouraging mixed use in commercial areas outside the Downtown, General Plan
2020 now allows site development capacities to encompass the aggregate of the
maximum residential density PLUS the maximum FAR for the site, thereby
increasing development potential on mixed use sites. The City will continue to
review development standards to facilitate mixed use, including:
a. Encourage adaptive reuse of vacant buildings and underutilized sites with
residential and mixed use development on retail, office and appropriate
industrial sites
b. Explore zoning regulation incentives to encourage lot consolidation where
needed to facilitate housing.
c. Review zoning requirements for retail in a mixed use building or site, and to
amend the zoning ordinance as necessary to allow for residential-only
buildings in appropriate mixed-use zoning districts.
Responsibility: Community Development
Timeframe: MidtermShort Term (20172)
Resources: Staff Time
See also H-15a (Downtown Station Area Plan).
Proposed Update: H-18b. Efficient Use of Multifamily Housing Sites.
Maintain program. Zoning ordinance amendment completed.
(renumbered Program H-14b)
Proposed Update: H-18c. CEQA review.
Integrate within renumbered Program H-17d - Efficient Project Review
72
Housing Element Policies and Programs
H-18e. Underutilized Public and Quasi-Public Lands for Housing. Explore effective ways
to share housing site information and developer and financing information to encourage
housing development of underutilized institutional lands (City, County, School District,
Sanitation District, religious institutions, etc.).
Responsibility: Community Development, Economic Development
Timeframe: Short Term (2012)
Resources: Staff Time
H-18f. Air Rights Development. Take an active role in evaluating the feasibility of air
rights development and consider possible zoning incentives for such development.
Encourage developers of affordable housing to utilize air rights, such as above public
parking lots or commercial uses Downtown.
Responsibility: Community Development, Public Works, Parking Services
Timeframe: Long Term
Resources: Fees
H-18g. Revisions to the Parking Standards. Review parking standards, and amend the
zoning ordinance to allow for more flexible parking standards for housing development.
Issues to study include the following:
Parking issues in neighborhoods with congested on-street parking.
Reduced parking requirements for projects in close proximity to a SMART station.
Tandem Parking.
Residential parking in public lots and garages.
Shared parking for mixed use.
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.
Designated, secure bicycle parking areas.
Expanded or new parking district(s) to address parking issues around the new SMART
stations.
Flexible parking design in structures regarding minimum parking stall and aisle width
dimensions.
Responsibility: Community Development
Timeframe: Short Term (2013)
Resources: Staff Time
See also programs under policy C-29 (Better Use of Parking Resources).
H-18h. Staff Consultation. Continue to provide developers conducting a feasibility
analysis of potential housing development a consultation with staff to identify potential
Proposed Update: H-18d. Reuse of Commercial Sites.
Refine as “Continue to Implement Zoning Provisions to Encourage Mixed
Use” to promote mixed use and higher density development within the
Downtown. (renumbered Program H-14c.)
Proposed Update: H-18e. Underutilized Public and Quasi-Public Lands for
Housing.
Remove program - staff completed.
Proposed Update: H-18f. Air Rights Development.
Remove program - staff completed.
Proposed Update: H-18g. Revisions to the Parking Standards.
Remove program. Downtown parking analysis integrated within
renumbered Program H-15a - Downtown Station Area Plan.
73
Housing Element Policies and Programs
design and/or zoning considerations, such as methods for early discovery of historic
resources and mitigation(s).
Responsibility: Community Development, Economic Development
Timeframe: Annually
Resources: Fees
H-18i. Las Gallinas Sanitary District Fees. Work with other local jurisdictions to lobby Las
Gallinas Valley Sanitary District to reduce fees for water for affordable housing and for
second units.
Responsibility: Community Development
Timeframe: Short Term (2013)
Resources: Staff Time
See also LU-2a (Development Review).
H-18j. Housing for Extremely Low Income Households. To meet the needs of extremely
low income households, prioritize some set-aside funds and in lieu fees for the
development of housing affordable to extremely low-income households, to encourage
the development of programs to assist age-in-place seniors, to increase the amount of
senior housing, to increase the production of second units, and to facilitate the
construction of multifamily and supportive housing.
Responsibility: Community Development
Timeframe: Annually
Resources: Staff Time
H-18k. Lot Consolidation. To promote redevelopment of underutilized mixed-use sites
and to provide more design options, amend the zoning ordinance to provide a 12 foot
(one story) height bonus where two or more lots are consolidated into one parcel of at
least 10,000 square feet.
Responsibility: Community Development
Timeframe: 2011
Resources: Staff Time
Proposed Update: H-18h. Staff Consultation.
Remove program. Done as matter of course, unnecessary to call out as
program.
Proposed Update: H-18i. Las Gallinas Sanitary District Fees.
Integrated with renumbered Program H-17c- Waiver or Reduction of
Fees
Proposed Update: H-18j. Housing for Extremely Low Income Households.
Maintain program. Eliminate reference to RDA set-aside. (renumbered
Program H-9d)
Proposed Update: H-18k. Lot Consolidation.
Remove program. Lot consolidation also addressed under Program H-14c
- Zoning Provisions to Encourage Mixed Use
74
Housing Element Policies and Programs
See also CA-14a Historical Building Code and H-23a zoning Amendments to
Encourage Mixed Use.
H-15. Infill Near Transit.
Encourage higher densities on sites adjacent to a transit hub, focusing on the Priority
Development Area surrounding such as the San Rafael Transportation Center and the
Downtown and Civic Center SMART station, and along major bus corridors future
Downtown SMART station.
H-15a. Downtown Station Area Plan
The coming of SMART rail service to
Downtown San Rafael in 2016 is an
opportunity to build on the work that the City
has undertaken to revitalize the Downtown
and to create a variety of transportation and
housing options, economic stability, and
vibrant community gathering places in the
heart of San Rafael. General Plan 2020,
adopted in 2004, allowed for higher
residential densities and reduced residential
parking standards to encourage housing
development within the heart of Downtown
that would support local businesses and allow people to live close to their place
of work. The Downtown Station Area Plan, accepted by City Council in June 2012,
establishes a series of implementing actions, the following of which
specificallywill serve to facilitate higher density residential and mixed use infill in
the area.
Conduct parking study in Station Area to evaluate options to addressing
small parcels and on-site parking constraints to development (study
underway, complete in 2015)
Evaluate relocation of existing Bettini Transit C enter, and potential reuse
as mixed use site (study underway, complete in 2015)
Evaluate additional height and FAR on certain blocks adjacent to US 101
(as defined in the Downtown Station Area Plan), facilitating
redevelopment of the Transit Center into a vibrant, mixed use
environment (long term)
Evaluate allowing additional height and FAR increases in certain areas to
match the adjacent height and FAR limits in exchange for community
amenities. The blocks recommended for study are: A. West side of US 101
-Tamalpais Avenue to Hetherton Street between Mission Avenue and
Second Streets, including the transit center; and B. On the east side of US
101 - The west side of Irwin Street between Fourth and Second Streets and
the south side of Fourth Street between Irwin Street and Grand Avenue,
and consider adopting a form based code instead of the current density
Proposed Update: H-22. INFILL NEAR TRANSIT (REFINED AND MOVED TO
THIS NEW LOCATION)
Policy refined and carried forward
(renumbered to H-15)
75
Housing Element Policies and Programs
and FAR requirement (long term). and removing maximum densities on
residential units (long term)
Review parking requirements and develop additional municipal parking
resources to reduce onsite parking burden (long term)
Program Objective: Complete Station Area parking study and Transit Center
relocation analysis in 2015. Following the commencement of operation of SMART
(2016), study other Station Area Plan recommendations to increase housing
opportunities near transit, and implement through Zoning Code changes where
appropriate.
Responsibility: Community Development
Timeframe: Post-operation of SMART services
Resources: Staff Time, ABAG PDA Funding
H-15b. Civic Center Station Area Plan
The City completed the Civic Center Station Area Plan, which was accepted by the
City Council in August 2012 and amended in 2013. Development around the station
area will be guided by considerations for station access and transportation
connections by various modes, as well as promotion of land uses that embrace the
opportunities of a transit-oriented site and are compatible with the character of the
surrounding area.
Following the commencement of the operation of SMART (2016), study Station Area
Plan recommendations to facilitate housing opportunities near transit, and implement
through General Plan amendments and Zoning Code changes where appropriate.
Responsibility: Community Development
Timeframe: Post-operation of SMART services
Resources: Staff Time, PDA Funding
H-16. Second Units.
Second dwelling units offer several benefits. First, they typically rent for less than
apartments of comparable size, and can offer affordable rental options for seniors and
single persons. Second, the primary homeowner receives supplementary income by
renting out the second unit, which can help many modest income and elderly
homeowners afford to remain in their homes.
San Rafael has continuously promoted second units as an affordable housing option.
Efforts have included providing a comprehensive handout explaining the second-unit
process, posting information about second units on the City’s website, promoting the
second unit program through the San Rafael Focus City newsletter, offering staff
consultation for adding or legalizing a second unit, holding workshops to educate
homeowners about the process to add a second unit, and implementing an amnesty
program for legalization of illegal second units. In addition, San Rafael staff worked
Proposed Update: New Program
New Program – Consolidated from program H-18g, H-21d, H-22a, H-22b,
H-23a
Proposed Update: New Program
New Program
76
Housing Element Policies and Programs
with local utility agencies to reduce fees for water and sewer service for second
units, and in 2012 the City adopted a Citywide Traffic mitigation fee amendment to
waive the traffic mitigation fee for second units.
H-16a. New Second Units. Continue to encourage the provision of second units
to provide housing options for seniors, caregivers, and other lower and
extremely low income households.
Program Objectives: Based on past trends, support the production of an
average of five second units annually, with the goal of achieving 40 units over
the planning period.
Responsibility: Community Development
Timeframe: Ongoing
Resources: Fees
See also H-11b (Junior Second Units).
H-17. Regulatory Processes and Incentives for Affordable
Housing.
San Rafael implements a variety of regulatory processes to address potential
governmental constraints and incentivize the provision of affordable housing, including
density bonuses, height bonuses, fee waivers, and reduced parking requirements. San
Rafael's primary tool to support the development of affordable housing is through its
Affordable Housing Ordinance which both produces affordable units and generates
affordable housing in-lieu fees. San Rafael was one of the first city in the State to adopt
such an affordable housing requirement in the 1980’s. This policy has resulted in the
construction of numerous affordable units within market rate developments and
provided additional funding for 100% affordable developments.
H-17a. State Density Bonus Law.
Under Government Code section 65915-65918, for housing projects of at least five
units cities must grant density bonuses ranging from 5% to 35% (depending on the
affordability provided by the housing project) when requested by the project
sponsor, and provide up to three incentives or concessions unless specific findings
can be made. San Rafael has integrated State density bonus requirements within
its Affordable Housing Ordinance (Zoning Code Section 14.16.030), depicting the
connection with the City's Inclusionary Housing requirements.
Proposed Update: H-25 SECOND UNITS (REFINED AND MOVED TO NEW
THIS LOCATION)
Policy refined and carried forward
(renumbered to H-16)
Proposed Update: From Policy H-25
New Program – Consolidated from programs H-25a to H-25f
Proposed Update: H-17. REGULATORY PROCESSES AND INCENTIVES FOR
AFFORDABLE HOUSING
NEW POLICY with programs consolidated from other sections
(renumbered to H-17)
77
Housing Element Policies and Programs
Responsibility: Community Development
Timeframe: Ongoing (as part of project review)
Resources: Fees
H-17b. Height Bonuses. Continue to offer height bonuses for projects that
include affordable housing units as provided in Exhibit 10 of the Land Use
Element. Provide early design review to assist with potential design issues.
Height increases may be granted with a use permit.
Responsibility: Community Development
Timeframe: Ongoing
Resources: Staff Time
H-17c. Waiver or Reduction of Fees. Continue to offer fee waivers and
reductions for applications including affordable units, consistent with Resolution
11025. Facilitate the production of second units through elimination of the
traffic mitigation fee (adopted in 2012), and coordination with local jurisdictions
to lobby Las Gallinas Valley Sanitary District to reduce sewer connection fees for
second units and affordable housing.
Responsibility: Community Development
Timeframe: Ongoing (as part of project review)
Resources: General Fund
See also LU-2a (Development Review).
H-17d. Efficient Project Review.
San Rafael has fully implemented the provisions of the Permit Streamlining Act
(AB 884), and provides concurrent processing through over-the-counter one-stop
permitting. Planning staff continue to inform developers of density bonus
incentives for affordable housing, and consistent with State requirements, any
modified development standards provided as part of a density bonus incentives
package are exempt from the variance process. The City utilizes allowable
California Environmental Quality Act (CEQA) exemptions for qualified urban infill
and other residential projects where site characteristics and an absence of
potentially significant environmental impacts allow.
Responsibility: Community Development, Economic Development
Timeframe: Ongoing (as part of project review)
Resources: Fees
Proposed Update: H-21a. State Density Bonus Law.
Maintain program. (renumbered as Program H-17a).
Proposed Update: H-21c. Height Bonuses.
Maintain program. (renumbered as Program H-17b).
Proposed Update: From Policy H-25
New Program – Consolidated from programs H-25a to H-25f
Proposed Update: New program
New Program – Consolidated from programs H-5b and H-18c
78
Housing Element Policies and Programs
H-198. Inclusionary Housing Requirements.
Require residential projects to provide a percentage of units and/or pay in-lieu of fees
for below market rate (BMR) housing, as indicated below. Provide units affordable at
below market rates for the longest feasible time, or at least 55 years. The City of San
Rafael first adopted inclusionary requirements in the 1980’s. The City requires
residential projects to provide a percentage of affordable units on site and/or pay in-lieu
of fees for the development of affordable units in another location. The City’s program
requires the units remain affordable for the longest feasible time, or at least 55 years.
The City's primary intent is the construction of units on-site. The units should be of a
similar mix and type to that of the development as a whole, and dispersed throughout
the development. If this is not practical or not permitted by law, the City will consider
other alternatives of equal value, such as in-lieu fees, construction of units off-site,
donation of a portion of the property for future non-profit housing development, etc.
Allow for flexibility in providing affordable units as long as the intent of this policy is
met. Specific requirements are:
Table 3. Inclusionary Requirement by Project and Size.
1. Rental Units. Provide, consistent with State law, a minimum of 50% of the BMR
units affordable to very low-income households at below 50% of median income, with
the remainder affordable to low income households at 50-80% of median income.
2. Sale/Ownership Units. Provide a minimum of 50% of the BMR units affordable to
low income households at 50-80% of median income, with the remainder affordable to
moderate income households at 80-120% of median income.
b. Calculation of In-lieu Fee. Continue to provide a calculation for in-lieu fees
for affordable housing. For fractions of affordable units, if 0.5 or more of a unit, the
developer shall construct the next higher whole number of affordable units, and if
less than 0.5 of a unit, the developer shall provide an in-lieu fee.
H-189a. Inclusionary Housing Nexus Study. Conduct an Inclusionary Housing
Nexus Study and Eengage with the local development community and affordable
housing advocates to evaluate the Inclusionary Housing Ordinance and in-lieu fee
requirements for effectiveness in providing affordable housing under current
Project Size % Affordable Units Req'd
2 – 10 Housing Units* 10%
11 – 20 Housing Units 15%
21+ Housing Units 20%
* Exemptions for smaller projects units may be provided for in the
Zoning Ordinance.
Proposed Update: H-19. INCLUSIONARY HOUSING REQUIREMENTS
Policy carried forward
(renumbered to H-18)
79
Housing Element Policies and Programs
market conditions. AmendEvaluate the Inclusionary Housing Ordinance as
appropriate, to enhance the Program's effectiveness and consistent with in light
of recent court decisions. Amend as necessary, consistent with State law.
Program Objective: Conduct affordable housing nexus study and amend the
Inclusionary Housing Program as warranted.
Responsibility: Community Development, Economic Development
Timeframe: 2016Short Time (2014)
Resources: Fees, Staff Time
H-20. Protection of Existing Affordable Housing.
Ensure that affordable housing provided through government subsidy programs, incentives
and deed restrictions remains affordable over the required time period, and intervene when
possible to help preserve such housing.
H-20a. BMR Resale Regulations. Continue to require resale controls on ownership BMR units
to assure that units remain affordable to very low, low and moderate-income households.
Continue to monitor database with Marin Housing.
Responsibility: Economic Development
Timeframe: Annually
Resources: Redevelopment
H-20b. BMR Rental Regulations. Continue to require ongoing reporting for BMR rental
projects to assure that these units remain at an affordable price level.
Responsibility: Economic Development
Timeframe: Annually
Resources: Redevelopment
H-20c. “At Risk” Units. Continue to identify and monitor assisted properties at risk of
conversion to market rate housing so that these units are retained to the extent possible as
part of the City’s affordable housing stock. For housing that is identified as being at risk,
monitor compliance with California Government Code Sections 65863.10 and 65863.11
including required notifications to existing residents and the California Department of
Housing and Community Development. Notify previously identified non profit organizations
with the capacity to acquire the units. Support CDBG and HOME and other applications for
Federal or State funding to assist non profit housing groups to acquire the units. The San
Rafael Redevelopment Agency’s 2010/11-2014/15 Implementation Plan includes a housing
Proposed Update: H-19a. Inclusionary Housing.
Refine as “Inclusionary Housing Nexus Study” (renumbered Program H-
18a)
Proposed Update: H-20. PROTECTION OF EXISTING AFFORDABLE
HOUSING
Policy carried forward (Programs moved and consolidated into other
Policy sections)
Proposed Update: H-20a. BMR Resale Regulations.
Maintain program. (renumbered/renamed as Program H-7d).
Proposed Update: H-20b. BMR Rental Regulations.
Maintain program, consolidate under renumbered Program H-7b
(Preserving Existing Rental Housing Affordable to Low Income
Households)
80
Housing Element Policies and Programs
conservation program to assist non profit housing organizations to acquire existing housing
units, including at risk units.
Responsibility: Community Development, Economic Development
Timeframe: Annually
Resources: Redevelopment, Nonprofit Housing Providers
H-21. Density Bonuses and other Regulatory Incentives for Affordable Housing.
Create regulatory incentives to promote the provision of affordable housing units, including
density bonuses, height bonuses, fee waivers, and reduced parking requirements.
H-21a. State Density Bonus Law. Continue to offer density bonuses consistent with the State
Density Bonus Law.
Responsibility: Community Development
Timeframe: Ongoing (as part of project review)
Resources: Fees
H-21b. Exceptions from Zoning Standards for Density Bonus Development. For density bonus
development, provide limited zoning exceptions to allow minor site adjustments from
development standards (e.g. parking, lot coverage, setback, height standards) to
accommodate density bonuses for 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
apply to projects smaller than five units.
Responsibility: Community Development
Timeframe: Short Term (2013)
Resources: Fees
H-21c. Height Bonuses. Continue to offer height bonuses for projects that include affordable
housing units as provided in Exhibit 10 of the Land Use Element. Explore appropriate locations
for additional height bonuses where needed to encourage lot consolidations.
Responsibility: Community Development
Timeframe: Short Term (2013)
Resources: Staff Time
Proposed Update: H-20c. “At Risk” Units.
Maintain program, consolidate under renumbered Program H-7b
(Preserving Existing Rental Housing Affordable to Low Income
Households)
Proposed Update: H-21. DENSITY BONUS AND OTHER REGULATORY
INCENTIVES FOR AFFORDABLE HOUSING.
Policy carried forward (Programs moved and consolidated into other
Policy sections or removed, as explained in Programs H-21a to H-21d
below)
Proposed Update: H-21a. State Density Bonus Law.
Maintain program. (renumbered as Program H-17a).
Proposed Update: H-21b. Exceptions from Zoning Standards for Density
Bonus Development.
Eliminate program. State density bonus requirements presented in
renumbered Program H-17a.
81
Housing Element Policies and Programs
H-21d. Revisions to the Parking Standards. Consider amendments to parking standards and
amend the zoning ordinance as necessary to encourage the creation of affordable housing
units, consistent with the considerations in Program H-18g (Revisions to Parking Standards).
Responsibility: Community Development
Timeframe: Short Term (2013)
Resources: Staff Time
See H-9g (Waiver or Reduction of Fees).
H-22. Infill Near Transit.
Encourage higher densities on sites adjacent to a transit hub, such as the San Rafael
Transportation Center and the Downtown and Civic Center SMART stations, and along major
bus corridors.
H-22a. Higher Density Infill Housing Near Transit. Study underutilized sites near transit hubs,
SMART stations, and transit corridors that are not currently zoned for housing to evaluate
potential for rezoning to allow high-density residential uses.
Responsibility: Community Development
Timeframe: Short Term (2014)
Resources: Staff Time
See NH-148a (Zoning Change), NH-86a (Civic Center Design), NH-36 (Hetherton Office
District), C-20 (Intermodal Transit Hubs) and Exhibit 23 (Transit Routes and Hubs).
H-22b. Station Area Plans. Complete the Station Area Plans for the Downtown and Civic
Center SMART station areas. Revise the Zoning Ordinance to implement the
recommendations of the final plans.
Responsibility: Community Development
Timeframe: Short Term (2012)
Resources: Staff Time
See also NH-148a (Residential Use at End of Merrydale Road).
Proposed Update: H-21c. Height Bonuses.
Maintain program. (renumbered as Program H-17b).
Proposed Update: H-21d. Revisions to the Parking Standards.
Remove program. Downtown parking analysis integrated within
renumbered Program H-15a - Downtown Station Area Plan.
Proposed Update: H-22. INFILL NEAR TRANSIT
Policy carried forward (Policy and Programs moved to new H-15 and
consolidated)
Proposed Update: H-22a. Higher Density Infill Housing Near Transit
Integrated within comprehensive renumbered Program H-15a
Downtown Station Area Plan and new Program H-15b - Civic Center
Station Area Plan.
82
Housing Element Policies and Programs
H-23. Mixed Use.
Encourage development of residential uses in commercial areas where the vitality of the area
will not be adversely affected and the site or area will be enhanced by linking workers to jobs,
and by providing shared use of the site or area.
H-23a. Zoning Amendments to Encourage Mixed-Use. Review existing development standards
to encourage housing development in mixed-use zones. Incentives can include reduced and
shared parking based on the use mix and allowances for tandem, shared and off-site parking.
Responsibility: Community Development
Timeframe: Short Term (2012)
Resources: Staff Time
See also H-18b and H-18d.
H-24. Contributions Towards Employee Housing.
Require new nonresidential development to contribute towards affordable housing created
by such development, such as provision of housing on- or off-site, or other alternatives of
equal value.
H-24a. Jobs/Housing Linkage Ordinance. Continue to implement the affordable housing
zoning requirement for nonresidential development projects.
Responsibility: Community Development
Timeframe: Annually
Resources: Staff Time
H-24b. Employee Housing Opportunities. Work with businesses, public agencies, and local
school districts to seek opportunities to help employees find local housing, such as new
construction, purchasing or leasing larger 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.
Proposed Update: H-22b. Station Area Plans.
Integrated within comprehensive renumbered Program H-15a
Downtown Station Area Plan and new Program H-15b - Civic Center
Station Area Plan.
Proposed Update: H-23. MIXED-USE
Policy carried forward (Programs moved and consolidated into other
Policy sections)
Proposed Update: H-23a. Zoning Amendments to Encourage Mixed-Use.
Integrated within renumbered Program H-14c - Zoning Provisions to
Encourage Mixed Use, renumbered Program H-15a - Downtown Station
Area Plan and new Program H-15b - Civic Center Station Area Plan.
Proposed Update: H-24. CONTRIBUTIONS TOWARDS EMPLOYEE HOUSING
Policy carried forward (Programs moved and consolidated into other
Policy sections or removed)
Proposed Update: H-24a. Jobs/Housing Linkage Ordinance.
Integrated within renumbered Program H-6a - In Lieu Fees for
Affordable Housing.
83
Housing Element Policies and Programs
Responsibility: Community Development, Economic Development
Timeframe: Annually
Resources: Staff Time
H-25. Second Units.
Encourage the provision of second units consistent with State law. Continue to require
owner occupancy of one of the units and adequate on-site parking.
H-25a. New Second Units. Encourage second units, including some second units as part
of new single-family development.
Responsibility: Community Development
Timeframe: Annually
Resources: Fees
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.
Responsibility: Community Development
Timeframe: Ongoing (as part of project review)
Resources: Fees
H-25c. Publicity. Promote second units through the City’s newsletter, workshops, updates as
needed of the Community Development Department’s second unit handout, and use of the
City’s website.
Responsibility: Community Development
Timeframe: Annually
Resources: Staff Time
Proposed Update: H-24b. Employee Housing Opportunities.
Remove program.
Proposed Update: 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)
Proposed Update: H-25a. New Second Units.
Consolidated into single program addressing second units (renumbered
Program H-16a). Component addressing reduced fees for second units
integrated within renumbered Program H-17c (Fee
Waivers/Reductions). Create new program to adopt standards to
facilitate junior second units (renumbered Program H-11b)
Proposed Update: H-25b. Second Unit Assistance.
Consolidated into single program addressing second units (renumbered
Program H-16a). Component addressing reduced fees for second units
integrated within renumbered Program H-17c (Fee
Waivers/Reductions). Create new program to adopt standards to
facilitate junior second units (renumbered Program H-11b)
84
Housing Element Policies and Programs
H-25d. Required Parking for Second Dwelling Units. Explore zoning amendments to
permit a waiver or reduction in the required off-street parking for second dwelling units.
Responsibility: Community Development Departmen Timeframe: Short Term (
Resources: Staff Time
H-25e. City Fees to Reduce Second Dwelling Unit Costs. Amend the Citywide Traffic
Mitigation Fee to waive the amount that is currently charged for second dwelling units,
as a financial incentive and cost savings to property owners. Implement a deferred
and/or easy payment plan for required city fees. Explore using the commercial in-lieu
fees to subsidize second dwelling unit fees.
Responsibility: Community Development Department
Timeframe: Short Term (2012)
Resources: Staff Time
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.
Responsibility: Community Development Department
Timeframe: Short Term (2014)
Resources: Staff Time, General Fu
Proposed Update: H-25c. Publicity.
Consolidated into single program addressing second units (renumbered
Program H-16a). Component addressing reduced fees for second units
integrated within renumbered Program H-17c (Fee
Waivers/Reductions). Create new program to adopt standards to
facilitate junior second units (renumbered Program H-11b)
Proposed Update: H-25d. Required Parking for Second Dwelling Units.
Consolidated into single program addressing second units (renumbered
Program H-16a). Component addressing reduced fees for second units
integrated within renumbered Program H-17c (Fee
Waivers/Reductions). Create new program to adopt standards to
facilitate junior second units (renumbered Program H-11b)
Proposed Update: H-25e. City Fees to Reduce Second Dwelling Unit
Costs.
Consolidated into single program addressing second units (renumbered
Program H-16a). Component addressing reduced fees for second units
integrated within renumbered Program H-17c (Fee
Waivers/Reductions). Create new program to adopt standards to
facilitate junior second units (renumbered Program H-11b)
Proposed Update: H-25f. Detached Second Dwelling Unit Stock Plans.
Consolidated into single program addressing second units (renumbered
Program H-16a). Component addressing reduced fees for second units
integrated within renumbered Program H-17c (Fee
Waivers/Reductions). Create new program to adopt standards to
facilitate junior second units (renumbered Program H-11b)
85
Housing Element Policies and Programs
Summary of Quantified Objectives
The following table summarizes the City’s quantified objectives for the 2015-2023
Housing Element planning period. The objectives include the City’s new construction
objectives to meet its 2014-2022 Regional Housing Needs Allocation (RHNA);
rehabilitation objectives to reflect Marin Housing’s Rehabilitation Loan Program; and
conservation objectives to reflect preservation of existing rent-restricted affordable
housing at risk of conversion.
Table 4: Quantified Objectives
Income Level New Construction
Objectives
Rehabilitation
Objectives**
Conservation
Objectives***
Extremely Low*
(0% - 30% AMI) 120 6
291 Very Low
(31% - 50% AMI) 120 18
Low
(51% - 80% AMI) 148
Moderate
(81% - 120% AMI) 181
Above Moderate
(>120% AMI) 438
Totals 1,007 24 291
* Of San Rafael’s RHNA allocation for 240 very low income units, half is allocated to extremely low
income households, and half to very low income households.
** Rehabilitation objectives are based on a goal to assist three households annually through Marin
Housing’s Rehabilitation Loan Program.
*** Conservation objectives reflect preservation of 291 at-risk rent-restricted units in eight publicly-
assisted projects owned by non-profits.