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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.