HomeMy WebLinkAboutCD Housing Element Update 2015-2023Department: Community Development
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Prepared by: Paul A. Jensen
Agenda Item No: 4.b
Meeting Date: January 5, 2015
City Manager Approval.-/
SUBJECT: Housing Element Update 2015-2023; Review of San Rafael General Plan 2020 Final
Draft Housing Element Update; City of San Rafael, project proponent; File No. GPA14-001. (CD)
RECOMMENDATION:
Staff recommends that the City Council:
a. Open public hearing and accept public comment;
b. Adopt a resolution adopting an Addendum (#3) to the San Rafael General Plan 2020 Final
Environmental Impact Report (Exhibit 1); and
C. Adopt a resolution adopting General Plan Amendment GPA14-001 updating the San Rafael
General Plan 2020 Housing Element (Exhibit 2).
BACKGROUND:
State Housing Element Law
Since 1969, the Housing Elements has been one of seven mandatory elements required of local General
Plans. A Housing Element must be prepared in accordance with the statutory requirements of the State
Housing Element law. Further, this element is regulated by provisions under Article 10.6 of the
Government Code (Sections 65580-65589.8), and is required to be reviewed by State of California
Department of Housing and Community Development (HCD). Housing Element law (Government Code
65584) directs HCD to work with regional councils of government (the Association of Bay Area
Governments [ABAG] for the Bay Area) to project regional housing needs (RHNA) and allocate a portion
of this need to each jurisdiction in the region. The RHNA is the distribution of housing need by income
level that cities are required to accommodate in their Housing Elements. Since the first RHNA in 1981,
Housing Elements have been required to incorporate the allocation of projected regional housing need,
which is typically addressed in a Housing Needs Assessment. Unlike the other State -mandated elements
of a local General Plan, historically, the State requires that the Housing Element be updated every four -
five years, which includes review and certification by HCD. Since 1981, the City has prepared and
adopted five Housing Elements. The City has consistently been responsive and has received past
Housing Element certification from HCD in a timely manner.
Current Adopted Housing Element (2009-2014)
The City of San Rafael's current 2009-2014 Housing Element was adopted by the City and certified by
HCD in 2011. This Housing Element includes an update of housing -related data, additions to housing
information and incorporation of policies for compliance with State mandates including Senate Bill 2
(2007). The Housing Element planned for a total capacity of 2,539 units to meet the previous RHNA of
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1,403, providing an adequate cushion or buffer. Where necessary, the Zoning Ordinance and Zoning Map
were amended to implement the adopted Housing Element.
Changes in the Housing Element Cycle and Review Process
Several changes have occurred since the 2011 certification of our current Housing Element. These
changes are summarized as follows:
Following the passage of Senate Bill 375 (2008), housing and transportation planning have
become linked with region -wide planning and programming strategies. Plan Bay Area, which was
adopted by the Association of Bay Area Governments (ABAG) and the Metropolitan
Transportation Commission (MTC) in 2013, is the region's Sustainable Communities Strategy
(SCS), which addresses regional housing and transportation growth. The linkage of ABAG and
MTC through Plan Bay Area has extended the Housing Element planning period from four -five
years to eight years in order to coincide with the timing of the Regional Transportation Plans
(RTP) which is administered by MTC. Second, an HCD-certified Housing Element is now required
in order to qualify for ABAG transportation improvement grant funding. To date, the City's
currently -certified Housing Element has been instrumental in receiving approximately $2 million in
funding from the Transportation Authority of Marin and One Bay Area grants to help improve local
roads and other transportation infrastructure.
2. San Rafael's RHNA for this next Housing Element cycle (2015-2023) has been reduced by nearly
30 percent, from 1,403 units to 1,007 units. However, HCD recommends that jurisdictions identify
enough residential capacity within their boundaries that is above and beyond the required
housing numbers identified in each RHNA cycle, to help offset sites that may be developed at
lower densities than identified in the capacity analysis.
3. The Housing Element must be in compliance with other more recent legislation including: Senate
Bill 2 (emergency shelters by right), Assembly Bill 1866 (facilitating accessory dwelling unit
development and Second Unit Law), Senate Bill 375 (compatibility with Sustainable Communities
Strategy), Senate Bills 520 and 812 (Reasonable accommodations for persons with disabilities)
and Government Code 65915 (State Density Bonus Law).
San Rafael qualifies for and is pursuing a "streamlined review," process with HCD, which is one of the
tools of the SCS. Failure to obtain certification exposes the City to legal challenges against the Housing
Element through, among others: a) the possible suspension of the City's ability to issue building permits,
grant variances and approve subdivision maps until the Housing Element is certified; b) a RHNA that
becomes cumulative with the previous cycle; c) an additional requirement to complete a Housing Element
update every four -five years instead of eight years for the next three planning cycles; d) an overall higher
level of scrutiny from HCD; and e) loss of eligibility for Federal, State and local grants for transportation
improvements.
The deadline for a local jurisdiction to adopt an update of the Housing Element for this next cycle is
January 31, 2015. City staff has been working with the our planning and housing consultants to set a
schedule to meet the deadline. The steps in this update process are described as follows:
Step 1- Completion of Housing Needs Assessment
The City of San Rafael Housing Needs Assessment was completed in April 2014, which, as noted
above, is the first step in the update process. This assessment is available on-line and can be
accessed via the following link:
http://docs,cityofsanrafael.oro/CommDev/Dlanninei/housing-element®
update/HousingNeedsAssmt searcheable.pdf
A summary of the key housing issues identified in this assessment is provided as follows:
➢ For this next 2015-2023 cycle, the City's RHNA is slightly lower (1,007 residential units).
� The City's senior population ksincreasing. Nearly one-quarter ofSan Rafae'shouseholds are
senior citizens. For this reason, there isenincrease insenior housing need and demand for
"aQinQ-in-p|aue^ programs,
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The City's homeless housing need for permanent emergency housing has increased, Based on
the methodology that iuused todetermine this need (su nsus).thehousingneedis
accommodate 175beds,
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There continues to be an imbalance in ]obs and housing. A significant percentage of those
employed inSan Rafael live elsewhere.
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The City hs experiencing anincrease inthe disparity nfincome ofthe residents that rent versus
residents that own property. Renters make upnearly one-half ofall households inSan Rafael
but their median annual income ($44,646) in 2011 was less than one-half of the median annual
income ($1O8.914)ofresidents that are property owners.
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While household overcrowding has decreased inthe last decade (renter overcrowding dropped
from 21.3% in 2000 to 12.4% in 2010), it continues to be an issue in certain neighborhoods.
The update of the Housing Element must address and incorporate the existing and projected housing
needs identified in this assessment. The assessment was reviewed by the Planning Commission on
April 29.2U14�
Step 2- Completion mfDraft Housing Element
On August 1. 2014. the Draft Housing Bement and Background Report were completed and
published on the City's website. The fonnsd, orgonization, content and summary of the Draft Housing
Element is provided in the Project Description section of this report (below). DnAugust 12.2014.the
Planning Commission conducted a public hearing on the Draft Housing Element, Following public
comment and deliberation, the Commission directed staff to: a) complete e number of additional edits
and chanQem, particularly to the element policies and programs; and b) submit the document to HCD
for review.
Step 3 - Review ofDraft Housing Element 6vthe State (HCD)
On September 4, 2014. the Draft Housing Element and Background Report were submitted to HCD
for review. On October 23, 2014. HCD contacted staff to request clarification and discuss minor
changes the State needs bzsee inthe Housing Element. Staff completed these edits and returned the
updated document to HCD. With these ohanges. HCD hos determined that the Draft Housing
Element complies with State n*quirements, and on November 3. 2014, sent o letter to the City
confirming this determination (Exhibit 3). The Housing Element will be considered compliant with
State Housing Element law once adopted bythe City Council (noted above, the deadline is January
31.2U15)and submitted hoHCD.
Step 4 -Final Draft Housing Element Review and Action 6vCity
This project is uurnenUyetthis step in the process. The August 2O14 Draft Housing Bement and
project description (below) have been revised to address the recommended changes by HCO.
During this step, public hearings are conducted by the Planning Commission (held on December 9,
2014) and City Council to review and take action on the final Draft Housing Element.
Step 5- Certification bmthe State (HCD
Following City Council action adopting the Final Housing Bement and Background Report the
document will beforwarded toHCDfor final certification. Should the City Council adopt the Housing
Element, this step isexpected tobecompleted bymid-January 2015.
Overview of Final Draft Housing Element Update
The following project description provides an overview of the Draft Housing Bemend, its
organizadon/formed and content. The final Draft Housing Bement and Background Report can be
http://doos.cityofsanrafaeLorg/CommQev/planning/housing-element-update/�lousingElement-
trackchanaes. odf
httn:Hdocs.citvofsanrafae1.org/CommDev/planning/housing®element-update/AooendixB-trackchan aes.odf
The Housing Element Update is not a "start -from -scratch" effort. There has been little change in housing
inventory, housing need or community conditions since 2011, so the element update builds off of the
currently -adopted Housing Element with targeted revisions. Therefore, the Final Draft Housing Element
does not propose major edits to the current element. Further, with little development occurring in the past
five years in San Rafael and a decreased RHNA, the Final Draft Housing Element does not propose a
substantive change to the existing housing site inventory that would result in the need for new housing
sites or property rezoning. In fact, as reported below, several sites were removed from the inventory. In
addition, the updated data in the element addresses the findings of the Housing Needs Assessment. The
most significant change has been the dissolution of the San Rafael Redevelopment Agency (RDA),
resulting in the elimination or consolidation of a number of programs. Historically, the RDA has played a
key role in administering and implementing the programs of the Housing Element.
As noted above, the City is pursuing the "streamlined review" process through HCD, which consists of
targeted revisions to the currently -adopted Housing Element to achieve that objective. Text edits are
shown in redlines with new text underlined and strikethroughs for text being removed or relocated.
Document Organization
The document is structured to follow the currently -adopted Housing Element, which includes a section on
the Housing Goals, Policies and Programs as the key component of the element. The corresponding
sections of the plan have been pulled from sections in the City's General Plan Epilogue (or Appendices)
and include strategies and background analyses. These sections have been organized into Appendix B
(Background Report) and the City's General Plan will be amended to include Appendix B-1 through B-5
as described below.
The 2015-2023 Housing Element is organized as follows:
General Plan Housing Element Chapter - Policies and Programs
This section outlines the strategies for promoting affordable housing in the City and provides a status
update on the specific programs that were drafted for the currently -adopted Housing Element. As part
of the 2015-2023 update programs were reorganized, consolidated and/or removed as described
below.
Appendix B — Background Report
Housing Needs Assessment (Appendix B-9) — the Housing Needs Assessment is an analysis of
demographic profiles, household profiles, special needs populations, housing characteristics and the
RHNA. This section has received a complete update from the Housing Needs Assessment in the
previous Housing Element, drawing data from the U.S. Census, HUD, ABAG and other sources.
Although the data has been updated, changes are not reflected in redline edits. This was done to
provide clarity in review and remove unnecessary impediments in the review of this document by
HCD, City staff and interested parties.
Housing Constraints (Appendix B-2) — the Housing Constraints section identifies governmental and
non-governmental constraints that may affect the development of housing. The changes in this
section have been redlined to show what has changed from the last Housing Element.
Sites Inventory and Capacity Analysis (Appendix B-3) — this section provides an analysis showing
how the City has planned for the required number of units to meet the RHNA. This section contains
an inventory of sites zoned for residential use, and shows that the residential capacity of these sites
can meet projected housing needs in each income level. The changes in this section have been
redlined. This section contains an updated and reorganized discussion the sites inventory and
capacity analysis. A more detailed discussion of the site inventory is provided below.
Housing Resources (Appendix 8-4) — the Housing Resources section identifies the financial
resources and administrative resources that are available to support the development of housing.
Energy conservation opportunities are presented here, highlighting the City's effort to promote
sustainability and the energy conservation programs that are available. Redlined changes show the
revisions that have been made.
Evaluation of Accomplishments under Adopted Housing Element (Appendix 8-5) — The
Evaluation of Accomplishments section discusses accomplishments that have been made under
programs adopted in the currently -adopted Housing Element. The updates are shown as redlined
edits.
Public Participation (Appendix 8-6) — The Public Participation section discusses public outreach
efforts conducted as part of the update process.
Summary of Edits
Even though the Housing Element Update is presented in redline/strikeout format, the draft changes can
be challenging to follow. To ease this review, a "roadmap" (Navigation of Edits and Changes) of the edits
to the policies and programs has been prepared and is provided in attached Exhibit 4. In sum, the edits
generally fall into the following categories:
1. Maintained (carried forward)
The vast majority of policies and programs were maintained and carried forward. However, most
were renumbered as part of the update.
Updated, Refined or Consolidated
Many programs have been refined to include the latest updates and consolidated to organize and
simplify the streamlined review process. The most notable edits include program H -16d.
Emergency Shelters which was updated and consolidated with other programs addressing
transitional and supportive housing to show compliance with State Housing Element requirements
and reflect provisions codified in Section 14.16.115 of the Zoning Code. The changes include a
revision to Program H -18a (Inclusionary Housing Nexus Study), which requires that the City
consider the preparation of a nexus study to: a) evaluate in -lieu fee requirements; and b) amend
the inclusionary housing requirements in the Zoning Code to be consistent with recent court
decisions. Lastly, with the 2012/2013 completion of the Downtown Station Area Plan and Civic
Center Station Area Plan, Programs H -15a and H -15b have been added to include a program for
each station area plan.
Removed
Since the dissolution of the RDA, programs that were the direct responsibility of that agency have
been removed or consolidated with other element programs since they are no longer applicable
(some programs related to the RDA were simply revised to remove the RDA reference). Other
programs were removed if they were completed, did not have associated measureable policies,
or are no longer relevant.
Site Inventory
As this process is simply an update to the currently -adopted Housing Element (and not a full re -write)
there are no substantial changes to the site inventory, except for updates to specific sites that are now: a)
in the process of being reviewed for development; b) approved for development; or c) being developed.
Other changes include the "Marin Ventures" site (3833 Redwood Highway), which was removed from the
housing inventory list as a result of the City's 2013 process to revise the Civic Center Station Area Plan
and remove the Civic Center Priority Development Area (PDA). Only two new sites have been added to
the site inventory, 930 Tamalpais Avenue (Whistlestop) and 1700 4'h St (G -Square), which was prompted
by recent development interests and planning applications for housing on these sites.
Since the publication of the first Draft Housing Element in August 2014, staff discovered several errors in
housing site inventory list. The currently -adopted Housing Element site inventory located in the
Background Report includes the "Camgros" property (2416-2432 5th Avenue) in Table B3.6 (Residential
Sites) and the "Marin Commons" property (1600 Los Gamos Road) in Table B3.11 (Underdeveloped
Mixed Use Sites). Both properties have been removed from the inventory because they are not currently
zoned for residential use and development. The Camgros property is located outside the City limits
(unincorporated) and requires Pre -Zoning and Annexation actions to pursue development. Regarding the
Marin Commons property, this office campus is located in a customized Planned Development zoning
district (PD1 590 District), which solely permits general and administrative office use. With the removal of
these properties from the site inventory, the planned total housing unit capacity has been reduced to
2,183 units, which provides a comfortable buffer above the RHNA of 1,007 units. Please note that the
corrections have been made to the Tables B3.6 (Residential Sites) and B3.10 (Underutilized Mixed -Use
Sites) in the Background Report. However, Table B3.1 (summary table, page B3-1) was not corrected in
the latest public draft, still showing a total housing unit capacity of over 2,400 units. This table will be
corrected in the final, adopted document.
Revisions Completed in Response to State HCD Review
As noted above, in September 2014, the Draft Housing Element was submitted to HCD for review. While
HCD conditionally -certified the Draft Housing Element on November 3, 2014, HCD staff review of the
Draft Housing Element resulted in several minor changes and clarifications to the document. These edits
were incorporated in the Final Draft Housing Element and Background Report (Appendix B). A brief
summary of the key changes requested by HCD is provided as follows:
✓ New Policy H-19 (Energy Conservation and Sustainability) and new Program H -19a
(Sustainability Policies and Programs) have been added to reinforce and provide an internal
linkage to the General Plan Sustainability Element.
✓ An expanded discussion of the public participation process for this update has been provided in
the Background Report.
✓ The timeframes for implementing several of the element programs were adjusted.
✓ For programs specific to homeless needs and emergency shelters, an expanded discussion of
the City's role (specifically Economic Development) has been provided.
✓ An expanded discussion and explanation of the performance standards required for emergency
shelters has been provided in the Background Report.
Planning Commission Review and Recommendation
On December 9, 2014, the Planning Commission held a third public hearing on the Housing Element
Update process. At this meeting, the Planning Commission reviewed and considered public comment on
the final Draft Housing Element. Public testimony was taken from 10 speakers, most in support of
adopting the element. Following deliberation, the Planning Commission voted (6-0-1 vote, Commissioner
Schafer absent) to recommend to the City Council adoption of the Housing Element Update (and EIR
Addendum, discussed below) with the following changes and comments:
1. The Commission directed staff to make some minor edits to document to address necessary
corrections to several tables and figures (maps).
2. The Commission recommended additional language to Policy H-13 (Senior Housing) on page 55
to reinforce the growing need for senior housing. Policy H-13 has been revised as follows:
H-13. Senior Housing.
Encourage housing that meets the needs of San Rafael's older population, particularly affordable
units and affordable care facilities that foster aping in the community. Support development that
provides housing options so that seniors can find suitable housing to rent or purchase.
The Commission had a lengthy discussion about recent changes to the State Housing Element
law triggered by Assembly Bill 1537 (Levine), which re -designates the Bay Area Metropolitan
Statistical Area (MSA) category for Marin County from "metropolitan" to "suburban." This change
in MSA category reduces the required "default" minimum zoning density to accommodate
affordable housing from 30 dwelling units per acre to 20 dwelling units per acre. A detailed
discussion of this recent law is provided in the ANALYSIS section of this report (below). The
Commission acknowledged that the City's current zoning and final Draft Housing Element Update
comply with this new law, but recommended no further action or changes to the City's current
residential zoning densities for the reasons described in the discussion below.
ANALYSIS
Compliance with State Law
The final Draft Housing Element Update is compliant with requirements set forth by State law (pursuant to
Article 10.6 of the Government Code (section 65580-65590)) and consistent with HCD's streamlined
update requirements as part of this fifth cycle, by:
✓ Effectively assessing the existing housing needs in San Rafael through an updated Housing
Needs Assessment.
✓ Providing strategies to reduce any potential housing constraints, reflective of changing needs,
resources, and conditions.
✓ Identifying and updating the necessary conditions to support the development and the
preservation of an adequate supply of housing, including housing affordable to seniors, families
and workers.
✓ Updating the inventory of sites to reflect changes since adoption of the 2009-2014 Housing
Element (e.g., sites that have been approved for development, are currently under construction,
or have been built out).
✓ Implementing programs identified in the previous housing element (e.g., Density Bonus
provisions).
✓ Refining the Programs and Policies that provide the roadmap for promoting affordable housing
strategies such as second units, mixed-use development, and housing for the disabled.
Compliance with the City's Housing Needs Assessment
As stated above State law mandates that local jurisdictions adequately plan to meet the existing and
projected housing needs of all economic segments of the community. The Housing Needs Assessment
identified a number of key housing concerns over the 2015-2023 planning period including the need for
affordable housing, opportunities for small households and seniors and resources for special needs
populations. Policies and programs in the Housing Element were updated to specifically address the
housing needs in the City. For example the following policies directly relate to the key concerns identified
above:
✓ Policy H-6. Funding for Affordable Housing
✓ Policy H-7. Protection of the Existing Housing Stock
✓ Policy H-11. House Sharing
✓ Policy H-13. Senior Housing
✓ Policy H-16. Second Units
✓ Policy H-12. Residential Care Facilities and Emergency Shelters
Consistency with General Plan 2020 and General Plan Amendment Procedures
As noted above, adoption of the Housing Element Update requires an action to amend the San Rafael
General Plan 2020 (GPA14-001). Essentially, the action would replace the current Housing Element
chapter and Appendix B with the update. This action is represented as a single amendment to General
Plan 2020, which is presented in one resolution for City Council consideration (Exhibit 2). The process
implemented for GPA14-001 is consistent with City Council Resolution No. 8379, which includes
notification to appropriate agencies and neighboring jurisdictions.
As proposed, the General Plan Amendment action required to adopt the updated Housing Element is
consistent with and anticipated by the General Plan 2020. Independent of the State -mandate to update
the Housing Element, Program H -1a encourages an annual review, which promotes updating the
element.
Relationship to Assembly Bill 1537 (AB 1537- Levine)
Marin County is part of the greater San Francisco -Oakland -Fremont Metropolitan Statistical Area (MSA).
The MSA designates areas/counties in the region in various categories; these categories influence the
residential density obligations required by the State Housing Element laws. Given the immediate
proximity to San Francisco, Marin County was included in the "metropolitan" category that is designated
for San Francisco and Oakland. For metropolitan areas, the State Housing Element law requires that
local jurisdictions plan for higher density housing in their Housing Elements, with a "default" minimum
zoning density of 30 dwelling units per acre. Our currently -adopted Housing Element and zoning districts
that permit higher density residential use comply with this default density. The default density of 30
dwelling units per acre is intended to facilitate the development of lower-income housing.
In early 2014, Assembly Member Marc Levine authored AB 1537, which aimed at re -designating cities
within Marin County with a "suburban" MSA category, thus changing the minimum default residential
density standard (reducing the current default minimum zoning density of 30 dwelling units/acre to 20
dwelling units/acre) for Housing Element compliance. AB 1537 was crafted to affect or be applicable to
Marin and other counties in an MSA with a population of less than 400,000 and a city population of less
than 100,000. The bill was supported by both the State Senate and Assembly and was ultimately
approved and signed by the Governor in September 2014. This new law, which amends Section 65583.2
of the Government Code, went into effect on January 1, 2015. This new law has some nuances:
➢ The new law does not impact or change the City's RHNA (1,007 units).
The new law maintains a "status -quo" for residential zoning densities within '/z -mile of the two
SMART stations, in effect on June 30, 2014.
The new law is effective for eight years and will "sunset" at the end of this next RHNA cycle
(2023).
The approved and signed AB 1537 can be accessed and viewed at the following link:
http://le info.legislature.ca.gov/faces/biliNavClient.xhtml?bill id=201320140AB1537
Staff has been tracking this bill from its initial stages through the Governor's approval. As passed, staff
presents the following comments on this new law for which the Planning Commission considered and
supported:
1. As the law sets a minimum default density of 20 dwelling units per acre, the City's current zoning
districts that allow for higher density residential use and the Final Draft Housing Element comply
with this new law.
2. With the exception of the '/z -mile area radius surrounding the two San Rafael SMART stations,
this law provides the City an opportunity to "dial -back" the densities of our zoning districts that
permit residential densities in excess of 20 dwelling units per acre. The zoning districts that allow
residential use at densities in excess of 20 dwelling units per acre include:
HR (Multiple -Family Residential)- up to 43 du/ac (net)
O (Office)- up to 43 du/ac (net)
GC (General Commercial)- up to 43 du/ac (net)
RIO (Residential/Office)- up to 43 du/ac (net)
C/O (Commercial/Office)- up to 43 du/ac (net)
NC (Neighborhood Commercial)- up to 24 du/ac (net)
All Downtown Districts- up to 72 du/ac (net)
With the exception of the Downtown zoning districts, these zoning districts are broadly distributed
throughout the City, including the area with the 1/2 -mile radius of the two SMART stations.
3. Should the City consider a "dial back" in the zoning densities for the above zoning districts, the
State (HCD) would not require that our Housing Element be re -submitted for review and re-
certification provided that all resulting changes meet the City's RHNA. For the purpose of review,
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9
staff has assessed the following two scenarios that vvuu|d address a "dial back" in zoning
Scenario 1: Assess the housing inventory sites citywide capping the zoning densities at 20
dwelling units per acre, excluding the housing inventory sites within }6-mi|eofthe two SMART
stations (maintain current densities per the law). Under this scenaho. the planned total capacity
of the housing inventory sites would be reduced to 1.605 unha, which would meet our current
RHNA.
Scenario 2: Assess the housing inventory sites citywide capping the zoning densities at 20
dwelling units per aore, excluding the housing inventory sites within: a) 1/2-mi|e of the two SMART
stations (maintain current densities per the law); and b) the Downtown zoning districts. Under
this scenario, the planned total capacity of the housing inventory sites would be reduced to 1,670
units, which would meet our current RHNA.
The Planning Commission and staff do not recommend a "dial back" oforchanging the current zoning
district residential densities for the following reasons:
Affordable housing is very difficult to finance and build at lower densities. First, the cost to
purchase land in PWmhn County is extremely high. 8auond, the financing that is required to
subsidize an affordable housing project typically invo|ves competing for tax credit dollars which
are biased to projects that yield a higher unit count. For this reason, K8uhn County does not
compete well for securing tax credit dollars.
2. As noted above, this law will "sunset" in 2023. which coincides with the end of the next RHNA
oyo|a. It is conceivable that the City's RHNAvi|| increase for the next cycle.
3. There isone major oih/wid*sideoffncttoa^dia|back^ofzoningdonaides Aathe zoning districts
that permit higher density residential use are distributed citywide onfully-developed aitea, many
properties would become non-compliant with their property zoning. There are many sites, and
areas that are residential y'deve|opnd atdensities that exceed 20 dwelling units per acre. Major
areas that would be impacted include: Downtown; the Canal neighborhood; the Lincoln Avenue
corridor; segments of the PNonbaoito/Happy Valley neighborhood; Woodland Avenue; and
segments of Terra Linda. In addition, a dial back of zoning densities is essentially a "down
zoning" of properties, which requires significant outreach hoall effected property owners.
The Housing Element should have anadequate cushion orbuffer of potentialhousing units above
the minimum RHNA. A dial -back of zoning densities would significantly reduce the cushion/buffer
that is included in the Final Draft Housing Element. An adequate buffer is critical for several
reasons. First, every potential housing site has its own site conditions and constraints, including
locational challenges. Applying and addressing these conditions and constraints generally
impacts and/or reduces project size. Per the Housing Element |aw, if project is approved and
built below the capacity projected in the housing site inventory, itmust bedemonstrated that the
density can be made up elsewhere. Lasdy, it is prudent to include an adequate cushion or buffer
to account for potential density bonus requests. Such requests have increased in recent years.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Act (CEQA) Guidelines, a General Plan Amendment action is
subject to environmental review. The proposed amendments (update) of the Housing Bement and
Background Report were carefully reviewed against the San Rafael General Plan 2020 certified
Environmental Impact Report (Plan E|R). 2004. Based on this review and the completion of an Initial
8tudy, staff has prepared an Addendum (No. 3) to the Plan BR. The amendment components would not
result in any new significant impacts or an increase in the severity of the impacts presented in the Plan
BR. Therefore. an Addendum to the Plan E|R is appropriate and supportable for the amendment action.
The BR Addendum No. 3 can be viewed on the City's Housing Element vvebpuge, which can be
accessed bythe following link:
htto://docs.citYofsanrafael.org/ComDev/clannin_ /housing-element-update/HousingElement-
EIRAddendum.�df
PUBLIC PROCESS & OUTREACH
Notice of this meeting was mailed to all interested and affected parties 15 days prior to the meeting date.
The list of those notified includes representatives from all of the neighborhood and homeowner
associations, special interest groups (environmental, business and housing organizations), neighboring
agencies and utilities. Correspondence received to date is attached (Exhibit 6).
During the update process, a number of public meetings and meetings with special interest groups were
held to receive feedback about housing needs in San Rafael, and to present the approach to the Housing
Element update. A summary of the public participation process for this update is provided in the pages
136-1 and 136-2 of the Housing Element Background Report.
Consistent with Senate Bill 18 (SB18), when processing a General Plan Amendment, the City must
consult with the local Native American tribe to determine if there is interest in Tribal Consultation. An offer
of Tribal Consultation was made to but the City did not receive a response from the local tribe (Federation
Indians of Graton Rancheria).
FISCAL IMPACT:
The Housing Element Update includes a number or programs that will require implementation. Several of
the programs are short-term and will be initiated during this fiscal year. Implementation of all Housing
Element programs will require City staff time and expenditures for assistance from a planning consultant.
The expenditures required to cover the cost of program implementation will be paid from the General Plan
Special Revenue Fund, which is a revolving fund (#218) that is separate from the City's General Fund.
The implementation of the short-term programs will cost approximately $50,000 for this fiscal year. The
current balance and projected fiscal year revenues for this fund will adequately cover this expenditure.
OPTIONS:
1. Adopt General Plan Amendment GPA14-001 as recommended;
2. Adopt additional amendments in the action of adopting General Plan Amendment GPA14-001; or
3. Refer General Plan Amendment GPA14-001 back to staff for changes and additional
amendments.
ACTION REQUIRED:
1. Adopt Resolution adopting an Addendum to the San Rafael General Plan Final Environmental
Impact Report (Exhibit 1), and
2. Adopt Resolution adopting General Plan Amendment GPA14-001 (Exhibit 2).
EXHIBITS
Exhibit 1: Resolution adopting an Addendum to the San Rafael General Plan 2020 Final
Environmental Impact Report (Addendum No. 3);
Exhibit 2: Resolution adopting General Plan Amendment GPA14-001
Exhibit 3: Letter from State of California Department of Housing & Community Development
(HCD); November 3, 2014
Exhibit 4: "Road Map" — Navigation Table
Exhibit 5: Correspondence received to date
Exhibit 6: Public Hearing Notice
HEUpdate.CC rpt 1 5 15
RESOLUTION NO. 13862
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING ADDENDUM.
NO. 3 TO THE CERTIFIED SAN RAFAEL GENERAL PLAN 2020 FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR) (SCII# 2003052031) PREPARED FOR
GENERAL PLAN AMENDNJENTGPA14-001
(HOUSING ELEMENT UPDATE- 2015-2023)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, on November 15, 2004, the Sail Rafael City Council adopted Resolution
No. 11064, certifying the San Rafael General Plan 2020 f"Inal Environmental Impact Report
(General Plan 2020 FEIR), The General Plan 2020 FEIR is coinprised of the following:
Draft FIR prepared by Nichols -Berman Environmental Consultants, February 2004:
San Rafael General Plan 2020 BackgMUnd Report prepared by the City of San Rafael,
April 2001 and updated August 2003;
C -
Response to Comments tri Orah FIR prepared by Nichols -Berman Environmental
Consultants, August 2004; and
WHEREAS, the FEIR assessed the physical enviroinuental impacts caused by
implementation of the San Rafael General Plan 2020. The General Plan 2020 FEIR concludes
that many of the significant envi roil menial effects can be stibstanti;ill
L, y lessened through adoption
of feasible motivation measures and that some of these effects would remain significant and
unavoidable despite the adoption of all feasible rni i I
unavol I I itigation rneaSUI-CS. The certification of the
General Plan 2020 FEIR Was Supported by the following findings:
1. The FF'lk for the General Plan 2020 has been completed in compliance with CEQA:
2. The FEIR i:,legally sufficient, not only t'()r approval ofGeneral Plan 2020, but for all
L,
subsequent actions such as Rezonings. Pre -zonings, Annexations and revisions to the Sail
C- V
Rafael kItin icipal- Code and reClUlations a,, necessary to implement the provisions of the
General Plan 2020;
3. The FEIR reflects the independent judL!tnent of the City of San Rafael and the City
Council of the City of San Rafael, and
WHEREAS, Subsequent to certifying the General Plan 2020 FEIR, on November 15,
2004, the San Rafael City COUncif adopted Resolution No. 11665 adopting the San Rafael
General Plan 2020. The adoption of the San Rafael General Plan 2020 was supported by CEQA
Findings of Fact and it Statement of Overriding Consideration (Appendix C to Resolution 11665)
C-1
and approval of a Mitigation Monitoring and Reporting Program (MMRP, Appendix B to
Resolution 11665); and
WHEREAS, since 2004, the San Rafael General Plan 2020 has been zuriended numerous
times. In processing and adopting subsequent amendments, the City has relied (.)it use of' the
General Plan 2020 FUR for environmental review and clearance. In 2009, the City prepared and
adopted an Addendum to the General Plan 2020 FEIR (Addendum No. 1), which assessed a
General Plan Amendment to change the Plan -adopted traffic level of service (LOS) standard at
z:1
the intersection of 3`1 and Union Streets; and
WHEREAS, in 2O{). the City of San Rafael initiated u General Plan Amendment
({]PA11-001) which consisted of |) amending the Housin� Element for 2009-2014, 2)
incoqporudn�onc* Sus��nubUi�y E��o�cni. �) Amending Conservation Element Policy (�0N-3.
and 4)eliminating the Project Selection Process (PSP). The Addendum tothe General Plan 2020
FEIR (Addendum No.2) encompassed these policies and actions; and
WHEREAS, in 2014. the City of San Ku[ue| initiated u General Plan Amendment
(]PA14-001) to update the Uouying Element for the 3815-2023 planning period, requiring
Addendum No.3 to the General Plan 2020 FEIR; and
WHEREAS, as required by the California Environmental Quality Act K'EOA)
OuideUnes, General F1un Amendment GPA14-001 is defined as u 'project' and is therefore
Subject to environmental review. Given the components and scope of this project, it was
determined that "tiering" fromthe General Plan 2020FEIR is appropriate and consistent with the
CBUA Guidelines Section l5)52ill that:
\� The project and its environmental topic meu/ are broadly covered and analyzed in the
General Plan 2020 FEIR.
1 The project proposes u Gcnou| Plan &niex]nocni that is not site-specific or project
-
specific; it addresses amendments to Current policies that are applicable to the entire San
Rafael Planning At -ca. The level of detail contained in this tier need not be greater than
the program, plan or policy being analyzed.
WHEREAS, Nfurther xuPPOrt^-tiehng'from the General Plan 2020 FEIR, the Initial
Study has been prepared uh|izin(T dlc most Current CEOA Guidelines environmental checklist and
oonsiJc�dthe following factors that consiik/icthe ^buscUne^for review:
\. None of the components of the project result in any changes to land use assumptions or
projections currently p»cuenkxj in the San Ru[ac| General Plan 2O2Oand analyzed in the
General y|unB8l.
2Nochan�eaare toland use dcyign4ionaorduirrespecdvedooiiyand intensity
puruoeters, nor are any changes proposed to adopted land use designations for individual
3. The project proposes no ckunoey to circulation (transportation/traffic) projections,
policies o, implementing pro�rums thatwould result in changes to level of service
conditions at intersections ora|on�ur�riu|a.
WHEREA0, in preparing the Initial Studv, the project was reviewed against inupucts
identified and nib@�km��m�i�|��in�eu�ificd(��nJ����@3K�O ). The
purpose ofthis review was todetermine ifthe project *ouN ncyuh in: new significant impacts; an
increase in the severity of impucts� or new or expanded mitigation measures from those analyzed
and determined inthe General Plan EIB;and
W0iEREAS, the project and the findings of the lniiiu] Study were assessed to determine
whether an Addendum to the EIR, Supplemental EIR or Subsequent EIR would be appropriate to
address environmental review for General Plan Amendment GP}\l4-OOi. Public Resources Code
Section 21 t66 and CE(lf\ Guidelines Section 15162 set forth limited situations in which u
Supplemental EIR or Subsequent EIR is required once all FEIR has been certified, Further,
N
CEQA Guidelines Section 15164 provides for preparation of an Addendum EIR if no
Supplemental EIR or Subsequent EIR is required; and
WHEREAS, as demonstrated in the preparation of an Initial Study and comparing the
project activities and actions against the impacts identified and mitigation measures included in
the General Plan 2020 FEIR, none of the conditions analyzed under the General Plan 2020 FEIR
have changed, nor does the proposed project meet the criteria for preparing a Subsequent EIR or
Supplemental EIR. Further, the project will not result in one or more significant effects not
discussed in the General Plan EIR, nor does the project create substantially more severe
significant effects than previously examined in the General Plan EIR. Therefore, the Initial Study
supports and recommends an Addendum versus the preparation of a Subsequent EIR or
Supplemental EIR. As a result, an addendum to the certified General Plan 2020 FEIR
(Addendum) was prepared; and
WHEREAS, on November 14, 2014, Addendum (No. 3) to the San Rafael General Plan
2020 FEIR was prepared for General Plan Amendment GPAI4-001; and
WHEREAS, on December 9, 2014, the Planning Commission reviewed and considered
Addendum No. 3 for General Plan Amendment GPA14-001, along with the previously certified
General Plan 2020 FEIR and all applicable mitigation measures therein. On a 6-0-1 vote
(Commissioner Schafer absent), the Planning Commission adopted Resolution 1408
recommending to the City Council the adoption of EIR Addendum No. 3; and
WHEREAS, on January 5, 2015, the City Council reviewed and considered the
Addendum No. 3 for General Plan Amendment GPA14-001, along with the previously certified
General Plan FEIR and all applicable mitigation measures therein; and
WHEREAS, the custodian of documents, which constitute the record of proceedings
upon which this decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the
Addendum No. 3 to San Rafael General Plan 2020 FEIR for the General Plan Amendment
GPA14-001 based on the following findings, and hereby reaffirms the findings made by the City
in adopting Resolution No. 11664 (listed above) certifying the General Plan 2020 FEIR:
CEQA Section 21166 and its corresponding CEQA Guidelines Sections 15162 and
15163, provide that once an EIR has been prepared, no subsequent or supplemental EIR
shall be required by the lead agency unless: (a) substantial changes are proposed in the
project, requiring major revisions in the EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects; (b) substantial changes arise in the circumstances of the project's
undertaking, requiring major revisions in the EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified significant effects; or (c) new information, which was not known and could not
have been known at the time the EIR was certified, shows any of the following:
➢ The project will have one or more significant effects not discussed in the previous
EIR;
Significant effects previously examined will be substantially more severe than shown
in the previous EIR;
➢ Mitigation measures or alternatives previously found not to be feasible would in fact
be feasible, and would substantially reduce one or more significant effects of the
project, but the project proponents decline to adopt the mitigation measure or
alternative; or
➢ Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant
effects on the environment, but the project proponents decline the mitigation measure
or alternative.
2. CEQA Guidelines Section 15t64(a) provides that a lead agency shall prepare an
Addendum to a previously certified General Plan 2020 FEIR if sorne changes or
additions to the certified EIR are necessary but none of the conditions calling for the
preparation of a supplemental EIR have occurred. Based on the analysis and
documentation in Addendum No. 3 and the supportive Initial Study environmental
checklist prepared for the proposed project, none of the situations described in CEQA
Section 21166 and CEQA Guidelines Sections 15162 and 15163 apply here. Based on
the results of the supportive Initial Study environmental checklist, the City has concluded
that the proposed project would not result in new significant adverse impacts nor an
increase in the severity of impacts identified and studied in the certified General Plan
2020 FEIR. None of the conditions requiring a supplemental or subsequent EIR exists
and the Addendum has been prepared in compliance with CEQA.
3. The Addendum has been prepared in accordance with CEQA, the CEQA Guidelines, and
the provisions of the City of San Rafael Environmental Assessment Procedures Manual.
4. The Addendum has been presented to the Planning Commission and City Council, who
have reviewed and considered the information in the Addendurn and the certified General
Plan 2020 FEIR prior to approving the Project Approvals.
5. The Addendum No. 3 and the certified General Plan 2020 FEIR reflect the City's
independent judgment and analysis.
The foregoing resolution was adopted at a regular meeting of the San Rafael City Council held on
the 5th day of January 2015.
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough, and Mayor Phillips
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
HUEUpdate.CCreso CEQA 1 5 15 (Adopted)
ESTHER C. BEIRNE, City Clerk
4
RESOLUTION NO. 13863
RESOLUTION OF THE SAN R&FAEL
CITY COUNCIL ADOPTING AN AMENDMENT TO THE SAN RAFAEL GENERAL
PLAN 2020 UPDATING THE HOUSING ELEMENT (HOUSING ELEMENT 2085-2023)
GX^Al4-OOI
The City Council ofthe City nfSan Rafael finds and determines that:
WHEREAS, on November 14, 2004' the City of San Rub/J adopted Resolution Nos.
11664 and 11605 certifying the San Rafael (3cncmJ Equn 2020 Final 2xvio*nnoenkU Impact
Report (General Plan 2020FETk) and adopting the Sun Bu[uc\ General Plan 2020 ({}cncru| Plan
2020); and
WHEREAS, The Ocneod Plan 2020 in connposcd of numerous elements, sections and
supportive background data.. including a Housing Element, which is required by State |mv.
California State Government Code Section 65588 requires that local jurisdictions periodically
review and update its Housing Elernent; and
WHEREAS, since the 2004 adoption of the General Plan 2020. the City has adopted
noxnerouy amendments to the Plan consistent with the provisions of State Government Code
Section 65358. The State law ,ccnanizcs that the General Plan is intended to be amended
periodically in that over |ioe. there are changes in: a) conditions and circumstances; b)
regulations and laws; and o) community goals and policies. Accordingly, General Plan
Amendment GPA14-01 was initiated by the City to update the Housing Element following
current statutory requirements.
this update represents the third cycle for and second amendment to the
General Plan 202OHousing Element. The 6oi amendment to the General Plan Housing Element
in 20]] covered m four -five-year planning period between 2009 and 2014. This second
amendment, as required by the California Department of Housing and Community Development
(I8C0) and State Housing Element law. must cover the next eight-year period. tiono 2015 to
2O23;und
WHEREAS, this om]u|c was initiated with the preparation of the San Ru[uc| Housing
Needs Aascaannun| (Needs }\sacaomenn, which was completed in April 2014. The Needy
Assessment confirmed the City's Regional Housing Needs Allocation (R8N/\) for the next cycle
(2015-2023) and housing needs to address, arnong others, an increasing senior citizen population,
an imbalance in jobs and hoosio�. and homelessness. The ��ccds��aaeyanuentwas presented to
and reviewed bythe P|annin�Cornnoiooinnon'�prU29,2O[4;and
WHEREAS. on August l` 2014. the [}ndt Housing Element Update and supportive
Background Report (Appendix B) were published. On August 12. 2014. the Planning
Commission conducted a public hearing accepting public comments on the draft document.
Following public oonomcn| and deliberation, the Planning Commission directed staff to complete
additional edits and submit the Draft Housing Element to HCD for review; and
WHEREAS, consistent with State Government Code Section 05505, the Draft Housing
Element was submitted to HCD for review and comment. HCD staff reviewed the draft
doounneni, have me| with City staff to discuss the content and reconnmendudona, and provided
U
written comments on the element. As a result, revisions were made to the proposed amendments,
which are reflected in latest Final Draft Housing Element and Background Report; and
WHEREAS, on November 3, 2014, HCD confirmed that the draft document, as revised
complies with the State requirements; and
WHEREAS, additional edits were made to the draft document to address comments
from the Planning Commission and HCD, which have been finalized and completed as the Final
Draft Housing Element and Background Report, published on November 21, 2014, dated
December 9, 2014. The key changes presented in the update are summarized as follows:
The dissolution of the San Rafael Redevelopment Agency in 2012 has resulted in
changes that reference funding and management by this agency. The responsibilities
previously held by the Redevelopment Agency have been shifted to the Economic
Development Division of the City Manager's Office, Community Development
Department and other City departments and agencies, as appropriate.
2. The time frames for implementing certain programs have been updated and revised.
3. Consolidation of duplicative programs and a relocation of programs to achieve
efficiency in the presentation of material, and enhance readability and ensure
consistency with the goals of the Element,
4. Revised Program H -7b sets the objective to conserve very low income rental units at
risk of conversion. New Program H -7c sets objectives to monitor affordable units
owned by non -profits as required by funding sources and by private entities as
necessary pursuant to City inclusionary requirements.
_S. New Program H -9c proposed coordination and outreach with organizations assisting
persons with disabilities in finding housing.
6. A new Program H-llb is proposed to evaluate appropriate zoning regulations to
support with the creation of a "Junior Second Units" provision, which will allow for
the repurposing of existing space within a single-family dwelling unit to create a
semi -private living space for a renter or care giver in conjunction with the owner -
occupied unit.
7. New Program H -12d consolidates Existing Program H -16d (Emergency Shelters) and
Existing Program H -16e (Transitional and Supportive Housing) and is refined to
reflect zoning code amendment adopted with SB2 to allow shelters by right and to
explicitly provide for transitional and supportive housing as a residential use.
8. Revised Program H -14c (Continue to Implement Zoning to Encourage Mixed Use),
New Program H -17c (Waiver or Reduction of Fees), and New Program H -17d
(Efficient Project Review) are amended and added, to address issues related to
processing and permit procedures.
9. New Program H -1_5a consolidates existing Programs H -18g, H -21d, H -22a (High
Density Infill Housing Near Transit), H -22b (Station Area Plans), and H -23a by
proposing to complete the Station Area parking study and Transit Center relocation
analysis in 2015 to address housing for the Downtown SMART station area plan.
2
lO. New Program B-l5b Civic Center Station Area Plan proposes to guide development
around the station area through consideration for station access and transportation
connection ofvarious modes,
H. New Program 8-16u consolidates existing programs R -25u to B'25fand establishes
objectives for second units.
12. New Policy H-17 (Regulatory Processes and Incentives for Affordable Housing) is
proposed with consolidation of existing programs including B -21u (State Density
Bonus Law), H -21c (Height Bonuses), H -25a to H -25f, and H -5b and H -18c.
lI Refined B�|Aupropoa�sU�cd�vdVpx�nLofanIno|usionu?yBoonin�NexosStudy and evaluation of in -lieu fees.
14. New Program B -19a references the Sustainability Element to guide energy
conservation and sustainability in housing development.
15. Some programs are proposed to be deleted because they have been: u) implemented;
b) rendered obsolete doe W the diysn|odVn of Redevelopment, or c) done as n mutter
Of Course and would be unnecessary to call out.
l(i The Housino- Element Background Report Appendix W has been revised to
incorporate updated data onpopulation dco.nrunkics.housing yr*Glea,and incomes;
4 --
household characteristics: Doos)n� Stock Characteristics; and Special Needs
Populations, This report is organized to ruu1ub the State of California Department of
Housing and ConnnnuniLy Development (FICD) format. Further, the |iaL of housing
sites in this report has been updated to reflect the current sites available for
development,
Inaddition Nthe above, the Bou*in�B�mL i���a�m�r*f���u�
�uniuu| cdLo to LcxL� �h� Housing EJ�n�nL Update does [�1 result in ��of the
Changes to the adopted residential land use designations or their respective density
2.
Changes o `� adopted �d use designations foror, �c rezoning of individual
properties/sites-,or
3. Increase inthe housing projectionsfrom those projectionspublished inthe currently
adopted Housing Element,
The above amendment, General Plan Amendment GPA]4-00].is being brought forward for
review and consideration; and
WHEREAS, consistent with City Cnond| Resolution No. H379and State Government
Code Section b535h, Gcncnd Plan AmendmenLGPA|4-00| has been processed consistent with
adopted referral and scheduling procedures. As required, the project was referred to local
agencies and utility/service districts for review and comment; and
�
WHEREAS, on March 26, 2014, in accord with California Government Code Section
65352.3(a), specifically the directive of Senate Bill 18 (SB 18), the Department of Community
Development staff sent an offer for tribal consultation to the representatives of the Federated
Indians of the Graton Rancheria (Federated Indians). Tribal consultation is required for all
projects that propose an amendment to the local General Plan. The purpose of the tribal
consultation is to consult with the local tribe representatives on potential impacts to Native
American places, features and objects described in Section 5097.9 and 5097.993 of the California
Public Resources Code. The prescribed 90 -day period was observed for the Federated Indians to
respond to the offer, but the City received no response; and
WHEREAS, following the initiation of the General Plan Amendment GPA14-001
application, the City commenced with environmental review of the project. Consistent with the
California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael
Environmental Assessment Procedures Manual, the appropriate steps were followed to complete
environmental review of the project, which included: a) review of the certified General Plan 2020
FEIR to determine if it adequately assesses the environmental impacts of the project; and b) the
preparation of an Initial Study to determine if the project would result in new significant impacts,
and increase in the severity of the impacts, or new or expanded mitigation measures frorn those
analyzed and determined in the General Plan 2020 EIR. As a result of this review, an Addendum
to the General Plan 2020 FEIR (Addendum No. 3) was prepared. The City Council has adopted
Addendum No. 3 by separate resolution; and
WHEREAS, on December 9, 2014, the Planning Commission held a duly noticed public
hearing on proposed General Plan Amendment GPA14-001, accepting all public testimony and
the written report of the Department of Community Development. As part of the Planning
Commission's deliberation, several edits were recommended to reinforce the need for senior
housing (additional language to Housing Element Policy H-13, Senior Housing) and to respond to
recent changes in the State Housing Element law (AB 1537, Levine). On a 6-0-1 vote
(Commissioner Schafer absent), the Planning Commission adopted Resolution 1409
recommending to the City Council adoption of General Plan Amendment GPA14-001, including
minor edits to the Housing Element text and Background Report along with additional suggested
text to Housing Element Policy H-13 (Senior Housing). In response to AB1537, the Planning
Commission recommended no changes to the document or to current City zoning district
residential densities; and
WHEREAS, on January 5, 2015, the City Council held a duly noticed public hearing on
proposed General Plan Amendment GPA14-001, accepting all public testimony and the written
report of the Department of Community Development; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED that the City Council adopts General Plan
Amendment G14-001 amending the General Plan 2020 Housing Element (Housing Element
Update 2015-2023) dated January 5, 2015, and on file with the Department of Community
Development. This action is based on and supported by the following findings:
The public interest would be served by the adoption of proposed General Plan
Amendment GPA14-001 in that, regarding the amendments to the Housing Element,
this action would comply with State law by ensuring that local housing data is
updated regularly and by promoting a tracking system that measures progress
4
towards meeting housing kuggcis. Secondly, this action would implement Housing
Benmn{ Program H -la (Annual Housing Element Review) by providing
opportunities for public input and discussion in conjunction with the State
requirements. Thind|y, this action would: |) introduce new policies and progruonek`
address housing needs such as B -9c (Housing Opportunities for Persons Living with
Disabilities) that promote coordination to help persons with disabilities find housing
and B-l|b(Junior Second Units) that support the evaluation ofanaffordable housing
option; 2) s{reuxdine the organization of programs through consolidation such as D -
16u (Second Units) and R'12d (Eonergcncy Shelters, Transitional and Supportive
Housing) ; and 3) guide housing development around SMART station areas (B -15u
and H -15b). In conclusion, adoption of the updated Housing Element would be in the
best interest of the public as it would provide updated information and data on
h000ing, Population unddcnnogrupbics' which is chdcu] in determining San Ku[ue)`o
III id-undlon���rnmhousin�nc�daund�nu]s.
2
Adoption of General Plan Amendment GPA14'001 would not be growth inducing
nor Would it be precedent setting in that the amendments to the Housing Element
would not: |) rcso|| III changes to the adopted residential land use dcyianadoneor
their respective density parameters; 2) result in changes to the adopted )and use
desianu1iono for individual properties/sites; or 3) result in changes in the housing
projections from those projections published in the currently adopted Housing
BenmnL Further, the amendments to the 8nusincrBenncnt do not expand the City's
planning area and nno|d therefore not induce new growth from that projected under
the current General Plan 2O2O.
3. Adoption of General 91un Amendment GPA14-001 would be consistent and would
not conflict with the related elements, �noJs, policies or programs of the Bun ku[uc|
General Plan 2020 in that, as druKed, the unnended Dousing B|enncn1 would be
consistent with: u) Housing �|�on�nt Prn�runo B'\u (Annual Housing Element
Review) as itpresents un updated assessment o[housing conditions, data and issues,
and provides opportunities for public input and discussion.
4. In reviewing and rendering recommendation on the amendments and update to the
Housing Element, the City Council has considered recent chuu�eo in the State of
California Housing Element |uw, spec\GcuUy, changes to State Government Code
Section 655832(/\81537,Levine). The recent change in the law re -designates the
Bay Area Metropolitan SLudabcu| Area (MSA) catc�ory for Marin County bmon
^'nneknpo|iinn" to ^suburbun." The suburban &88A category for Marin County
changes the required "default dcna\iy" for zoning for high density hou^ingfroon u
nuini/nunn of 30 dwelling units per acre to u nnininnunn of 20 d*cU\ner units per acre.
However. theuhan-e in the minimum default density does not apply 1oresidential
zoning densities (in effect on June 30. 20]4) that are within 1/2 -mile of the two Sun
Rafael SMART stations (Downtown and Civic Center). Further, this |uvv is effective
for eight years and will ^^sunset" in 2023. lnconsidering the law, the City Council
recognizes that, while the law provides the City the opportunity to "dial -back" the
densities in the currently -adopted zoning districts that permit residential densities in
excess of the rnininiUrn'rcguinx] 20 dwelling units per acre, no changes should be
made to these dia|duis for the following reasons:
a. The currently -adopted City zoning districts comply with this law as those
districts that allow higher densities, establish u noin\nouno density of 20 dwelling
�
units per acre. Further, the Final Draft Housing Element Update is consistent
with this law;
b. Affordable housing is very difficult to finance and build at lower densities. As
the cost to purchase land in Marin County is extremely high, and the securing of
tax credit dollars to projects that yield a higher unit count, the opportunities for
building affordable housing become significantly reduced;
c. As noted above, this law will sunset in 2013, which coincides with the next
Regional Housing Needs Allocation (RHNA) cycle and it is conceivable that the
City's RHNA could increase in the next cycle;
d. As the zoning districts that allow residential densities in excess of 20 dwelling
units per acre are distributed citywide on fully developed properties, many
developed properties could become non-compliant with their property zoning.
The City contains many sites and areas of San Rafael that are residentially -
developed at densities that exceed 20 dwelling units per acre, which include,
among others, Downtown, the Lincoln Avenue corridor, the Canal neighborhood
and portions of Terra Linda. A reduction of zoning densities in these areas
would constitute a "down -zoning," which requires significant outreach to all
effected property owners; and
e. There is a need to maintain an adequate cushion or buffer of potential housing
sites above the minimum RHNA. A dial -back of zoning district densities could
significantly reduce this cushion/buffer.
The foregoing resolution was adopted at a regular San Rafael City Council meeting held on the
5t1i day of January 2015.
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough and Mayor Phillips
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
HEUpdate.Meso GPA l 5 15 (Adopted)
ESTHER C. BEIRNE, City Clerk
I
y'� 1 N 1�_ J41 y��yntlult
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. EI Camino Avenue, Suite 500 °
Sacramento, CA 95833
�'116) 263-2911 1 FAX (916) 263-7453EXHIBIT 3
rv.hcd.ca.gov
November 3, 2014
Mr. Paul Jensen
Community Development Director
City of San Rafael
1400 Fifth Ave, PO Box 151560
San Rafael, CA 94915
Dear Mr. Jensen:
8 ECEI
NOV o 2014
PLANNING
ri
Thank you for submitting the City of San Rafael's draft housing element update which was
received for review on September 9, 2014, along with additional revisions received on
October 31, 2014. Pursuant to Government Code (GC) Section 65585(b), the Department
is reporting the results of its review. Our review was facilitated by a conversation on
October 23, 2014 with you, Mr. Raffi Boloyan, Planning Manager, and Ms. Karen Warner,
the City's consultant.
The revised draft element meets the statutory requirements of State housing element law.
The revised element will comply with State housing element law (GC, Article 10.6) when
adopted and submitted to the Department, in accordance with GC Section 65585(g). The
Department conducted a streamlined review of the draft housing element based on the
City meeting all eligibility criteria detailed in the Department's Housing Element Update
Guidance. The City also utilized ABAG pre -approved housing element data.
To remain on an eight year planning cycle, pursuant to Senate Bill 375 (Chapter 728,
Statutes of 2008) the City of San Rafael must adopt its element within 120 calendar days
from the statutory due date of January 31, 2015 for ABAG localities. If adopted after this
date, GC Section 65588(e)(4) requires the housing element be revised every four years
until adopting at least two consecutive revisions by the statutory deadline. For more
information on housing element adoption requirements, please visit our website at:
http://www.hcd.ca.gov/hpd/hrc/plan/he/he review adoptionsteps110812.pdf.
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City must continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available and considering and incorporating comments where appropriate.
HCD Review of San Rafael's Housing Element
November 3, 2014
Page 2 of 2
The Department appreciates the hard work and dedication of your staff and Ms. Warner
in preparation of the housing element and looks forward to receiving San Rafael's adopted
housing element. If you have any questions or need additional technical assistance,
please contact Melinda Coy, of our staff, at (916) 263-7425.
Sincerely,
61
fen AA.Ca�mmpora
Assistant Deputy Director
EXHIBIT 4
"ROAD MAP" — NAVIGATION TABLE
AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014
2009-2014 Housing Element Program
Recommendation in 2015-2023
Housin Element
1I-1 HOUSING DISTRIBUTION
Policy carried forward as H-1.
H-Ia. Annual Housing Element Review. Provide an annual assessment of
Maintain program.
housing element implementation through annual review of General Plan 2020.
Provide opportunities for public input and discussion, in conjunction with
State requirements.
H -Ib. Housing Production. Monitor housing production annually to review
Consolidate with Program H -la.
achievements in meeting the community's housing goals.
Monitoring housing production
and measuring progress towards
RHNA is already required as
part of Annual Housing Element
Report.
H-2. NEIGHBORHOOD IMPROVEMENTS
Policy removed
H-2. Neighborhood Improvements — see NH -2a (ZoningOrdinance)
Remove- no associated program.
H-3. DESIGN THAT FITS INTO THE NEIGHBORHOOD CONTEXT
Policy carried forward
(renumbered to H-2)
H -3a. Design Concerns of Single -Family Homes. Examine and amend, as
Maintain program. (renumbered
needed, zoning regulations and guidelines for single-family homes to address
Program H -2a)
concerns about bulk, height, setbacks privacy and other impacts of new homes
and of additions to existing homes. Consider potential cost impacts on
housing development when developing new regulations and guidelines.
H -3b. Compatibility of Building Patterns. Adopt design guidelines to ensure
Maintain program. (renumbered
compatibility of neighborhood building patterns. Guidelines may address
Program H -2b)
setback patterns, garage and driveway patterns, and building scale. Further
develop the character -defining elements of the neighborhood. Guidelines may
address entries, roof design, windows, architectural style, materials and
detailing. Consider potential cost impacts on housing development when
developin new re Mations and guidelines.
H-4. PUBLIC INFORMATION AND PAWFICIPATION
Policy carried forward
(renumbered to H-3)
H -4a. Neighborhood Meetings. Continue to require neighborhood meetings,
Maintain program. Refine to
as provided for by the City Council resolution for Neighborhood Meeting
replace "require" with
Procedures, for larger housing development proposals and those that have
"encourage" (renumbered
potential to change neighborhood character.
Program H -3a). Discussion on
the Citv's effort` in assisting
a�plicattts set up meetings with
the common {edited per
HED
H -4b. Information and Outreach on Housing Issues. Continue to provide
Maintain program. (renumbered
information to improve awareness of housing needs, issues and programs, and
Program H -3b)
to collaborate with housing organizations to publicize in-service training,
press releases, fair housing laws, contacts and phone numbers. For example,
provide links on the Community Development webpage to housing resources,
such as the Department of Housing and Community Development.
H-5. CITY LEADERSHIP
Policy removed
H -5a. Housing Element Update. Undertake housing element updates as
Remove program. Done as
required by law or generally every five years.
matter of course, unnecessary to
call out as program.
H -5b. Constraints and City Incentives for Affordable Housing. As part of the
Move to renumbered program
five-year General Plan update, conduct a review by staff and development
H -17d -Efficient Project Review
experts of housing needs, financing, City processing and development
(under new policy Regulatory
incentives, and potential constraints and opportunities to create affordable
Processes and Incentives for
housing.
Affordable Housing)
rH"
EXHIBIT 4
"ROAD MAP" - NAVIGATION TABLE
AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014
..........
Redevelopments Implementation Plan. Update the Redevelopment
_--- _ ------ -
Remove program - no longer
Agency's Implementation Plan, as required by State law or generally every
applicable with loss of RDA.
five years.
H -5d. Expertise in Production of Affordable Housing. Contract with housing
Remove program. Done as
consultant(s) as needed to provide staff with the expertise to negotiate
matter of course, unnecessary to
affordable housing contracts and housing development proposals.
call out as program.
H -5e. Redevelopment p nt Agency Activities. Promote residential opportunities in
Remove program - no longer
the redevelopment area, where appropriate, through the Redevelopment
applicable with loss of RDA.
Agency. Specifically, develop a summary resource of development
requirements for properties around the Downtown and Civic Center transit
hubs, and other areas as needed.
H -C. COORDINATE WITH OTHER JURISDICTIONS IN ADDRESSING
Policy carried forward
HOUSING NEEDS.
(renamed and renumbered to
H-4)
H -Ca. Inter -Jurisdictional Housing Activities and Resources. Continue to
Maintain program. (renumbered
implement shared responsibilities, common regulations, coordinated lobbying
Program 1 -I -4a)
efforts and the housing data clearinghouse to efficiently and effectively
respond to housing needs within the Cities and County of Marin.
H-7. COMMUNITY COLLABORATION AND PARTNERSHIP
Policy consolidated and carried
forward
(renamed and consolidated
with A-4)
H 7a. Cooperative Ventures. Encourage cooperative and joint ventures
Retitled Community
between owners, developers and community non-profit groups in the
Collaboration (Program 1-1-4b),
provision of affordable housing. Give technical assistance to non-profit
a d provided more detail on
developers by providing information on other local sources of funding for
�njemcntatii>n (e iitct r
affordable housing and introductions to other funders.
EK, 12)
H -B. HOUSING DISCRIMINATION
Policy carried forward
(renamed and renumbered to
H-5)
H -8a, Complaints. Continue to refer discrimination complaints to the
Maintain program - integrate
appropriate legal service, county, state or federal agency, or Fair Housing of
within renumbered Fair Housing
Marin. _
Program H -5a.
_ _
H -8b. Nondiscrimination Clauses. Continue to provide nondiscrimination
....
Remove program. Done as
clauses for housing receiving City or Redevelopment Agency financial
matter of course, unnecessary to
assistance.call
out as program.
_._. ....... — - -
H -8c. Fair Housing Laws. Designate the Community Development Director
--
Maintain prograrn. (renumbered
as the Equal Opportunity Coordinator in San Rafael. Ensure that written
Program H -5a)
materials regarding fair housing law are provided at various public locations,
and that information about fair housing agencies and phone numbers is posted
in places such as the City's website, at City Hall, the Public Library and other
public places. As part of the Cooperative Agreement with the County on
CDBG funding, continue to require a portion of the City's allocation be
directed to Fair Housing of Marin and/or other fair housing organizations.
H-9. FUNDING FOR AFFORDABLE MOUSING.
Policy carried forward
(renumbered to 11-6
H - 9a. Housing Set -Aside Fund. Continue to utilize the Redevelopment
Remove program-- no longer
Agency's Housing Set -Aside Fund for affordable housing development to
applicable with loss of RDA.
increase, improve, and preserve the community's supply of housing
affordable to low- and moderate -income persons.
_
...... _ --- ....
H -9b. Trust Fund for Housing. Support efforts by the private sector, local
Remove. Completed and
employers and housing advocates to create a Housing Trust Fund to assist
jgggLiage consolidated with,
with the financing of affordable housing. Support efforts of the Housing
renumbered Proa am,I"4-, r.
Trust Fund to assist with the financing of affordable housing. This support
HN
EXHIBIT 4
"ROAD MAP" — NAVIGATION TABLE
AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014
includes identifying sites that meet the funding requirements of the Marin
j Workforce Housing Trust Fund, notifying the Marin Workforce Housing
Trust staff of discussion and pending CD13G, HOME and tax credit
applications that may require additional support, and including a link on the
City website to the Marin Workforce Housing Trust Fund.
H -9c. In -Lieu Fees for Affordable Housing. Dedicate in -lieu fees for
Revised program - renumbered
affordable housing, including rehabilitation, acquisition and design support
Program H -6a. Expanded
C for second units and infill housing. Dedicate a portion of the commercial in
description, including projected
lieu fees for housing for very low income households.
funding amounts and objective
to direct funding towards
acquisition/rehab rather than
new construction.
H -9d. Technical Assistance to Housing Developers. Continue to provide staff
Remove program. Addressed
expertise and assistance to housing developers on methods and resources
under renumbered Program H -
available to reduce the cost of housing units.
4b Community Collaboration.
H -9e. Funding Resources. Work with community and elected leaders to
Maintain program. Added
identify potential revenue sources that support local affordable housing
objective to secure 2 new
initiatives, and to leverage the City's and Redevelopment Agency's affordable
funding sources (renumbered
housing funds.
Program H -6b)
H -9f. Funding Applications. As opportunities for funding become available.
Maintain program. (renumbered
coordinate applications for State and Federal subsidies for affordable housing,
Program H -6c)
and (1) provide technical assistance in public funding resources and local
processing requirements, including community involvement; (2) consider
project funding and timing needs in the processing and review of the
application; and (3) work with applicants to identify appropriate submittal
materials to enable a timely determination of application completeness.
H -9g. Waiver or Reduction of Fees. Continue to offer fee waivers and
Move to renumbered Program
reductions for applications including affordable units, consistent with
17c -Waiver or Reduction of
Resolution 11025.
Fees (under new policy
Regulatory Processes and
Incentives for Affordable
Housing).
H -9h. Funding for Very Low Income Housing. Work with Marin County, the
Remove program. Addressed
Chamber of Commerce and Marin Community Foundation to identify
within renumbered Program H -
approximately $1,000,000 for funding for housing for very low income
6b to pursue outside funding
households.
sources and a minimum of
$200,000, and renumbered
Program H -9d - Housing for
Extremely Low Income
Households.
11-10. PROTECTION OF THE EXISTING HOIJSING STOCK
Policy carried forward
(renumbered to H-7
H-IOa. Condominium Conversion Ordinance. As stated in the zoning
Maintain program. (renumbered
ordinance, prohibit conversion of existing multifamily rental units to market
Program H -7a)
rate condominium units unless the City's rental vacancy rate is above 5.0
percent, as determined by the State of California Finance Department annual
Population Estimates. Exceptions include limited equity cooperatives, co -
housing and other innovative housing proposals that are affordable to low -
and moderate -income households.
11-1 Ob. Preserving Existing Rental Housing Affordable to Low Income
Maintain program.
Households through Ongoing Affordability Restrictions. Continue to work
(Renumbered Program H -7b.
with nonprofit housing organizations seeking to acquire and rehabilitate
Preserving Existing Rental
affordable rental housing units in order to maintain ongoing affordability of
Housing Affordable to Low
the units. Post and update as necessary information about the Redevelopment
Income Households at Risk for
4-3
EXHIBIT 4
"ROAD MAP"- NAVIGATION TABLE
AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 22, 2024
Agency's housing conservation program and other funding opportunities and
�.
Conversion). Updated scope.
programs appropriate for nonprofit housing organizations on the City's
Add that ihe City will monitor
website.affcrrdal)ilit
- ed_ite;er_1-I
(i C
_-- -
....... -
H-IOc. Canal Housing Improvement Program. Work with the Canal Housing
_..
Rene -program --RDA
Improvement Program (CAHIP) citywide as a housing conservation program
funding no longer available to
to provide financial assistance for nonprofit housing organizations to acquire
support. In _rated within
and rehabilitate existing poorly maintained rental units and assure long-term
remunbercd I�fogK m_%i-6a as an
affordability of the units (see Program lO (b)). Post and update as necessary
pjij jNe activity,
information about the Redevelopment Agency's housing conservation
program and other funding opportunities and programs appropriate for
nonprofit housing organizations on the City's website.
-- ..... ... .. ... .._..
_ --
H-IOd. Canal Affordable Safe and Healthy Housing. The Canal Affordable
RDA funding no longer
Safe and Healthy Housing (CASH) program was expanded citywide to
available to support. Integrated
provide forgivable rehabilitation loans to private owners in exchange for long-
within renumbered Program H -
term affordability of a certain portion of units. Information on this program
6a as an eligible activity.
and other funding opportunities and programs appropriate for private rental
property owners is posted on the City's website and updated as necessary.
.
_--- -
H-IOe. Retention of Mobile homes and Preservation of Existing Mobile home
Maintain program. (renumbered
Sites. Retain where possible this type of housing, which includes the 400-
Program H -7e)
home Contempo Marin and the 30 -home B -Bar -A mobilehome park, and its
affordability by continuing to implement the Mobilehome Rent Stabilization
Ordinance. Mobilehomes typically provide lower cost housing by the nature
of their size and design.
H -I 1. HOUSING CONDITIONS AND MAINTENANCE
Policy carried forward
(renumbered to H-8)
_ — _
H-1 I a. Apartment Inspection Program. To assure safe living conditions -
_
Maintain program. (renumbered
continue to enforce housing codes for all apartment projects three units or
Program H -8a)
}agger in size.
H-1 Ib. Code Enforcement and Public Information Programs. Coordinate
Maintain program. (renumbered
housing, building and fire code enforcement to ensure compliance with basic
Program H -8b) Integrate
health and safety building standards and provide information about
program prior Program H -12a
rehabilitation loan programs for use by qualifying property owners.
(investigate and abate illegal
— ---._ . ....... — --
units) within program
_. _—
H-1 I c. Rehabilitation and Energy Loan Programs. Coordinate with other
Refine program to focus on
organizations, including the Marin Housing Authority and PG&E, to continue
CDBG funded rehab and add
to provide and expand rehabilitation loan and grant programs to eligible
quantifies objectives for
homeowners and renter households.
assistance. (renumbered
Program H -8c Residential
Rehabilitation Loan Programs)
H-1 I d. Volunteer Efforts. Continue to work with community service clubs
Remove program. Im lQm( ratan
and organizations on volunteer labor -assistance housing improvement
but volunteer rgup has since
programs for homeowners physically or financially unable to maintain their
been disbanded,
properties. Support such programs through volunteer coordination and
assistance, T_ublic information cam aigns, and financial assistance.
....... ......
_.
H -I Ie. Maintenance of Older Housing Stock. Pursue funding for conservation
Remove program. Addressed
and rehabilitation of the viable older housing units to preserve neighborhood
under Residential Rehabilitation
character and, where possible, to retain a supply of low- and moderate -income
Loan Program (renumbered 14 -
units. Allocate a portion of annual CDBG funds for the County Home
8c) and In -Lieu Fees for
Rehabilitation program, which provides funding for owner -occupied homes
Affordable Housing Program
and group homes for the disabled. In addition, provide Redevelopment
(renumbered H -6a)
Agency funds to nonprofits to purchase and rehabilitate existing multifamily
housing, and continue to require the recordation of long term affordability
covenants on the property.
H -I If. Relocation Assistance. Require applicants to provide certain limited
Maintain program. (renumbered
4-4
EXHIBIT 4
"ROAD MAP" — NAVIGATION TABLE
AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014
. ........... --- — ----------- — --- — -------------------------------
relocation assistance for low-income tenants displaced by development,
.... ........... --
Program H -8d)
—relocation
including referring tenants to Marin Housing and providing cash
compensation. Require notice of displacement to be distributed at least 60
Jays before the property is to be vacated.
H-12. ILLEGAL UNITS
Policy removed (consolidated
into code enforcement
programs)
H-1 2a. Investigation and Abatement or Legalization o f Units Built without
I tl
Consolidated with Pro -ram H-
c'
Required Permits. Continue to investigate reported illegal units and abate or
I lb -Code Enforcement and
legalize where possible units built without permits or occupied in violation of
I
Public Information Programs.
San Rafael's ordinances.
14-13. SPECIAL NEEDS
Policy carried forward
(renumbered to H-9)
H- 13 )a. Adaptive Housing. Ensure compliance with State and Federal
Maintain program. Additionally,
requirements for accessible units.
aim to conduct regular meetings
with design and construction
industry members. (Renumbered
Program H -9a). Added more
detail about the meetings the
City holds to discuss ADA
requirements (edited per HCD_)
H -1 3b. Reasonable Accommodation. Review and amend zoningregulationsMaintain
pro -ram (renumbered
as necessary to provide individuals with disabilities reasonable
Program H -9b). Add new
accommodation in rules, policies, practices and procedures that may be
Program H -9c -Housing
necessary to ensure equal access to housing. The purpose of this is to
Opportunities for Persons
establish a specific process for individuals with disabilities to make requests
Living with Disabilities - to
for reasonable accommodation in regard to relief from various land use,
specifically address needs of
zoning, or building laws, rules, policies, practices and/or procedures of the
persons with developmental
City
disabilities.
11-14. INNOVATIVE HOUSING APPROACHES
Policy carried f6_nvard
(renumbered to H-10)
H -14a. Manufactured Housing. Continue to allow quality manufactured
Maintain program. (renumbered
housing in all zoninp districts which allow single-family
Program H -10b) . .....
H- I 4b. Zoning for Live/Work Opportunities. Review implementation of
Maintain program. (renumbered
live/work and provisions in the Zoning Ordinance and amend as appropriate
Program H- I Od)
to ensure effective standards that encourage live/ ork projects.
...............
11-14c. Single Room Occupancy (SRO) Units. Actively promote existing
Maintain program. Remove
incentives for SRO apartments., such as no density regulations and lower
reference to RDA Housing
parking standards, in multifamily and mixed use districts in recognition of
Funds.
their small size and low impacts. Where needed, encourage linkages to social
(renumbered Program H -I Oc)
services. Continue to utilize Redevelopment Housing Funds as available to
protect the existing SRO unit supply.
- - — ---------------------- . .....
- - — ------------------- -------- -
H -14d. Co -Housing, Cooperatives, and Similar Collaborative Housing
Maintain program. (renumbered
Development. Provide zoning flexibility through Planned Development
rn,
Program H- I Oa)
District zoning to allow housing development that is based on co -housing and
similar approaches that feature housing units clustered around a common area
and shared kitchen, dining, laundry and day care facilities.
H-15. HOUSE SHARING
Policy carried forward
to H-11)
H- I 5a. Home sharing and Tenant Matching Opportunities. Continue to
Maintain program. Replace
support, and consider increased participation in, the Shared Housing Project
"Marin Housing Authority" with
in collaboration with the Marin Housing Authority.
"community partners."
(renumbered Program -_1 1'a)
11-16. RESIDENTIAL CARE FACILITIES AND EMERGENCY
Policy carried forward
4-5
EXHIBIT 4
"ROAD MAP" — NAVIGATION TABLE
AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014
SHELTERS
(renumbered to H-12)
H -16a. Countywide Efforts to Address Homeless Needs. Work with other
Maintain program.
jurisdictions and agencies in Marin to provide emergency, transitional, and
(Renumbered Program H -12a).
supportive housing and assistance for families and individuals who are
Clarify staffs role as homeless
homeless. Continue to support and allocate funds, as appropriate, for
coordinator for the County
programs providing emergency, supportive, and/or transitional shelter and
(edited per HCD)
counseling services.
H -16b. Good Neighborhood Relations Involving Emergency Shelters and
Maintain program. Eliminate
Residential Care Facilities. Where determined necessary during review of an
reference to Use Permit.
application for a Use Permit application, encourage positive relations between
(renumbered Program H-I2b)
neighborhoods and providers of emergency shelters and residential care
facilities by requiring shelter outreach communication programs with the
neighborhoods.
H-I6c. Residential Care Facilities. Regularly update zoning regulations that
Maintain program. (renumbered
govern residential care facilities to conform to Federal and State laws and to
Program H -12c)
encourage their location in areas that do not result in overconcentration of
care facilities. Explore the feasibility of requiring affordable units in assisted
living facilities, for example, reduced rentals with access to market -rate
services.
H -16d. Emergency Shelters. Revise the zoning ordinance to allow emergency
Refine program to reflect zoning
shelters as required by State law. Continue to allow emergency shelters with a
code amendment adopted
use permit in areas zoned for office and commercial uses, including those
consistent with S132 to allow
areas designated as General Commercial, Retail/Office, Residential/Office,
shelters by right and to
Industrial, Light Industriall'Office, and Public/Quasi-Public on the Land use
explicitly provide for
Map. Amend the zoning ordinance to comply with State law and designate the
transitional and supportive
LI/O and other zoning districts south of Bellam and east of highway 580
housing as a residential use.
where San Rafael's need for shelter beds as described in Appendix B may be
(Renumbered Program H -12d).
provided without a use permit or other discretionary city approvals, and with
Amend zonin- code to clarity
appropriate performance standards as allowed by State law.
retirements that are
�rniissive, rather tharf
mandator under State law
(edited per HCD .
H -16e. Transitional and Supportive Housing. Amend the zoning ordinance,
Consolidated with renumbered
consistent with State and Federal law, to recognize transitional and supportive
Program H -12d - Emergency
housing as residential uses, subject to the restrictions and standards of similar
Shelters, Transitional and
residential dwellings in the same zone.
Supportive Housing.
9-17. SENIOR HOUSING
Policy carried forward
(renurnbered to 11-13)
H-1 7a. Assisted Living. Amend the zoning ordinance to provide regulations
Maintain program. Evaluate
for new assisted living housing.
establishing inclusionary
housing requirements for
assisted living. (renumbered
Program H -13a)
H -17b. Deleted
Remove.
H -17c. "Age -in -Place" Assistance. Provide assistance to older residents who
Maintain program. (renumbered
want to remain independent and in their homes for as long as possible, such as
Program H-13 b)
the Police Department's "Are You OK?" program, the Fire Department's
"Safety Check" program, Code Enforcement's continuing cooperation with
the Marin County Social Services, and Community Services social activities
offered through the Community Centers.
H-18. ADEQUATE SITES
Policy consolidated and carried
forward (renumbered to H-14)
H -18a. Affordable Housing Sites. Encourage residential development in areas
Maintain program. Rename
appropriate and feasible for new housing. These areas are identified in
"Residential and Mixed Use
4-6
EXHIBIT 4
"ROAD MAP" — NAVIGATION TABLE
AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014
Appendix B, Housing Element Background, Summary of Potential Housing
Sites Inventory" (renumbered
Sites (available for view on the City's website).
Program H -14a). Add that the
Cix has employ different
strategies to deliver information
about development and these are
ongoing and evolving {edited
er HCD).
H -18b. Efficient Use of Multifamily Housing Sites. Do not approve
Maintain program. Zoning
residential -only development below minimum designated General Plan
ordinance amendment
densities unless physical or environmental constraints preclude its
completed.
achievement. Residential -only projects should be approved at the mid- to
(renumbered Program H -14b)
high -range of the zoning density. If development on a site is to occur over
time the applicant must show that the proposed development does not prevent
subsequent development of the site to its minimum density and provide
guarantees that the remaining phases will, in fact, be developed. Amend the
zoning ordinance to allow residential use as a permitted use in Downtown
zoning districts.
H -18c. CEQA review. Use CEQA exemptions for infill development
Integrate within renumbered
whenever possible. If environmental review is warranted, require the
Program H -17d - Efficient
appropriate level of review based on the environmental issues identified in the
Project Review
initial study.
H -18d. Reuse of Commercial Sites. Encourage adaptive reuse of vacant
Refine as "Continue to
buildings and underutilized sites with residential and mixed use development
Implement Zoning Provisions to
on retail, office and appropriate industrial sites. In addition:
Encourage Mixed Use" to
a. Explore zoning regulation incentives to encourage lot consolidation where
promote mixed use and higher
needed to facilitate housing.
density development within the
b. Review zoning requirements for retail in a mixed use building or site, and
Downtown. (Renumbered
to amend the zoning ordinance as necessary to allow for residential -only
Program H -14c.)
buildings in appropriate mixed-use zoning districts.
H-1 8e. Underutilized Public and Quasi -Public Lands for Housing. Explore
Remove program - staff
effective ways to share housing site information and developer and financing
completed.
information to encourage housing development of underutilized institutional
lands (City, County, School District, Sanitation District, religious institutions,
etc.).
H-1 8f. Air Rights Development. Take an active role in evaluating the
�€faintaiaa
feasibility of air rights development and consider possible zoning incentives
program. iRenumbered Program
for such development. Encourage developers of affordable housing to utilize
H -14d). Set timeframe of 2n20
air rights, such as above public parking lots or commercial uses Downtown.
Leditedner HCD .
H -18g. Revisions to the Parking Standards. Review parking standards, and
Remove program. Downtown
amend the zoning ordinance to allow for more flexible parking standards for
parking analysis integrated
housing development. Issues to study include the following:
within renumbered Program H-
a. Parking issues in neighborhoods with congested on -street parking.
15 - Downtown Station Area
b. Reduced parking requirements for projects in close proximity to a SMART
Plan.
station.
c. Tandem Parking.
d. Residential parking in public lots and garages.
e. Shared parking for mixed use.
f. A parking reserve designated for parking if needed in the future, but in the
interim, the area is landscaped or used as a tot lot or gardens.
g. Designated, secure bicycle parking areas.
h. Expanded or new parking district(s) to address parking issues around the
new SMART stations.
i. Flexible parking design in structures regarding minimum parking stall and
aisle width dimensions.
4-7
EXHIBIT 4
"ROAD MAP" — NAVIGATION TABLE
AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014
H -18h. Staff Consultation. Continue to provide developers conducting a
Remove program. Done as
feasibility analysis of potential housing development a consultation with staff
matter of course, unnecessary to
to identify potential design and/or zoning considerations, such as methods for
call out as program.
early discovery of historic resources and mitigation(s).
H-1 8i. Las Gallinas Sanitary District Fees. Work with other local jurisdictions
Integrated with renumbered
to lobby Las Gallinas Valley Sanitary District to reduce fees for water for
Program H -17c- Waiver or
affordable housing and for second units.
Reduction of Fees
H-I8j. Housing for Extremely Low Income Households. To meet the needs of
Maintain program. Eliminate
extremely low income households, prioritize some set-aside funds and in lieu
reference to RDA set-aside.
fees for the development of housing affordable to extremely low-income
(renumbered as Program H -9d)
households, to encourage the development of programs to assist age -in-place
seniors, to increase the amount of senior housing, to increase the production
of second units, and to facilitate the construction of multifamily and
supportive housing.
H -18k. Lot Consolidation. To promote redevelopment of underutilized mixed-
Integrated
use sites and to provide more design options, amend the zoning ordinance to
within renumbered Program II -
provide a 12 foot (one story) height bonus where two or more lots are
l 7b -- Height Bonuses. Lot
consolidated into one parcel of at least 10,000 square feet.
consolidation also addressed
under Program H -14c ---
Continug to Implement Zoning
Provisions to Encourage Mixed
Use
H-22. INFILL NEAR TRANSIT (REFINED AND MOVED TO THIS NEW
Policy refined and carried
LOCATION)
forward
(renumbered to 11-1 5). Added
timeframe for ro rams:
66 ne vear after the start of
SMART servmcgj Iedmted Amer
HGDs
H-25SECOND UNITS (REFINED AND MOVED TO NEW THIS
Policy refined and carried
LOCA 770N)
forward
(renumbered to II -IN
H-17. REGULATORY PROCESSES AND INCENTIVES FOR
NEW POLICY with programs
AFFORDABLE HOUSING
consolidated from other sections
(renumbered to 11-17)
H-19. INCLUSIONARY HOUSING REQUIREMENTS
Policy carried forward
(renumbered to H-18
H -19a. Inclusionary Housing. Engage with the local development community
Refine as "Inclusionary Housing
and affordable housing advocates to evaluate the Inclusionary Housing
Nexus Study" (renumbered
Ordinance and in -lieu fee requirements for effectiveness in providing
Program H -18a)
affordable housing under current market conditions. Evaluate the
Inclusionary Housing Ordinance in light of recent court decisions. Amend as
necessary, consistent with State law.
H-20. PROTECTION OF EXISTING AFFORDABLE HOUSING
Policy carried forward
(Programs moved and
consolidated into other Policy
sections)
H -20a. BMR Resale Regulations. Continue to require resale controls on
Maintain program.
ownership BMR units to assure that units remain affordable to very low, low
(renumbered/renamed as
and moderate -income households. Continue to monitor database with Marin
Program H -7d).
Housing.
H -20b. BMR Rental Regulations. Continue to require ongoing reporting for
Maintain program, consolidate
BMR rental projects to assure that these units remain at an affordable price
under renumbered Program H -
level.
7b (Preserving Existing Rental
W.
EXHIBIT 4
"ROAD MAP" — NAVIGATION TABLE
AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014
Me
Housing Affordable to Low
Income Households)
H -20c. "At Risk" Units. Continue to identify and monitor assisted properties
Maintain program, consolidate
at risk of conversion to market rate housing so that these units are retained to
under renumbered Program H -
the extent possible as part of the City's affordable housing stock. For housing
7b (Preserving Existing Rental
that is identified as being at risk, monitor compliance with California
Housing Affordable to Low
Government Code Sections 65863.10 and 65863.11 including required
Income Households)
notifications to existing residents and the California Department of Housing
and Community Development. Notify previously identified nonprofit
organizations with the capacity to acquire the units. Support CDBG and
HOME and other applications for Federal or State funding to assist nonprofit
housing groups to acquire the units. The San Rafael Redevelopment
Agency's 2010/11-2014/I5 Implementation Plan includes a housing
conservation program to assist nonprofit housing organizations to acquire
existing housin units, includin at risk units.
H-21. DENSITY BONUS AND OTHER REGULATORY INCENTIVES
Policy carried forward
FOR AFFORDABLE HOUSING.
(Programs moved and
consolidated into other Policy
sections or removed)
H-21 a. State Density Bonus Law. Continue to offer density bonuses
Maintain program. (renumbered
consistent with the State Density Bonus Law.
as Program H -17a).
H-2Ib. Exceptions from Zoning Standards for Density Bonus Development.
Eliminate program. State
For density bonus development, provide limited zoning exceptions to allow
density bonus requirements
minor site adjustments from development standards (e.g. parking, lot
presented in renumbered
coverage, setback, height standards) to accommodate density bonuses for
Program H -17a.
affordable housing. The exception(s) should be subject to the type of housing,
size and unit mix, location and overall design. Provide early design review to
assist with design issues related to a height bonus. Explore amending the
ordinance to a ply to projects smaller than five units.
H-21 c. Height Bonuses. Continue to offer height bonuses for projects that
Maintain program. (renumbered
include affordable housing units as provided in Exhibit 10 of the Land Use
as Program H -17b).
Element. Explore appropriate locations for additional height bonuses where
needed to encourage lot consolidations.
H-21 d. Revisions to the Parking Standards. Consider amendments to parking.
Remove program. Downtown
standards and amend the zoning ordinance as necessary to encourage the
parking analysis integrated
creation of affordable housing units, consistent with the considerations in
within renumbered Program H -
Program H-1 8g (Revisions to Parking Standards).
l5a - Downtown Station Area
Plan.
H-22. INFILL NEAR TRANSIT
Policy carried forward (Policy
and Programs moved to new H-
15 and consolidated)
H -22a. Higher Density Infill Housing Near Transit. Study underutilized sites
Integrated within comprehensive
near transit hubs, SMART stations, and transit corridors that are not currently
renumbered Program 1I -15a
zoned for housing to evaluate potential for rezoning to allow high-density
Downtown Station Area Plan
residential uses.
and new Program H -15b - Civic
Center Station Area Plan.
H -22b. Station Area Plans. Complete the Station Area Plans for the
Downtown and Civic Center SMART station areas. Revise the Zoning
Ordinance to im lement the recommendations of the final plans.
H-23. MIXED-USE
Policv carried forward
(Programs moved and
consolidated into other Policy
sections)
Me
EXHIBIT 4
"ROAD MAP" — NAVIGATION TABLE
AS AMENDED FOR THE FINAL DRAFT HOUSING ELEMENT, NOVEMBER 21, 2014
H -23a. Zoning Amendments to Encourage Mixed -Use. Review existing
Integrated within renumbered
development standards to encourage housing development in mixed-use
Program H-I4c — Continue to
zones. Incentives can include reduced and shared parking based on the use
Implement Zoning Provisions to
mix and allowances for tandem, shared and off-site parking.
Encourage Mixed Use,
renumbered Program H -15a -
Downtown Station Area Plan
and new Program H -15b - Civic
Center Station Area Plan.
H-24. CONTRIBUTIONS TOWARDS EMPLOYEE HOUSING
Policy carried forward
(Programs moved and
consolidated into other Policy_
sections or removed )
H-24 i. Jobs/Housing Linkage Ordinance. Continue to implement the
Integrated within renumbered
affordable housing zoning requirement for nonresidential development
Program H -6a - In Lieu Fees for
projects.
Affordable Housing.
H -24b. Employee Housing Opportunities. Work with businesses, public
, -pr g_ . Inte rate
agencies, and local school districts to seek opportunities to help employees
within remembered Program II -
find local housing, such as new construction, purchasing or leasing larger
4b- Communit Collaboration.
facilities to provide local housing opportunities, mortgage buy -downs or
subsidies, rent subsidies, etc. Seek the commitment of philanthropic and non-
profit housing organizations and others to address employee -housing
opportunities.
H-25. SECOND UNITS
Policy carried forward (Policy
and Programs moved to new H-
16 where old programs were
consolidated and new programs
were added)
H -25a. New Second Units. Encourage second units, including some second
units as part of new single-family development.
H -25b. Second Unit Assistance. Provide staff assistance to explain financing
options, recommend design options to designers, assist property owners with
preparing a rental management process, and guide property owners through
the process of legalizing an illegal unit.
Consolidated into single
H -25c. Publicity. Promote second units through the City's newsletter,
workshops, updates as needed of the Community Development Department's
Program addressing second units
second unit handout, and use of the City's website.
(renumbered Program H ).
Component addressing reduced
H -25d. Required Parking for Second Dwelling Units. Explore zoning
amendments to permit a waiver or reduction in the required off-street parking
fees for second units integrated
for second dwelling units.
within renumbered Program H-
17c (Fee Waivers/Reductions).
H -25e. City Fees to Reduce Second Dwelling Unit Costs. Amend the
Citywide Traffic Mitigation Fee to waive the amount that is currently charged
Create new program to adopt
for second dwelling units, as a financial incentive and cost savings to property
standards to facilitate junior
owners. Implement a deferred and/or easy payment plan for required city
second units (renumbered
fees. Explore using the commercial in -lieu fees to subsidize second dwelling
Program H-1 lb)
unit fees.
H -25f. Detached Second Dwelling Unit Stock Plans. Reduce barriers, such as
design and permit fees, to building second units by developing a program to
assist property owners who want to add a detached second dwelling unit on
their property. Work with architects and residents to prepare stock plans
appropriate for second units in San Rafael neighborhoods.
4-10
71 W
December 3O'3Ol4
Honorable Mayor and Council Members
San Rafael City Council
l4OUFifth Avenue
San Rafael, C&9490l
RE: Revised San Rafael Housing Element
Dear Mayor Phillips and Council Members,
Sustainable San Rafael strongly supports your approval of the revised Housing Element, without
significant alterations or delay.
The Housing Element has been through a thorough process of public review. It needs to be adopted
now io avoid tangible risks to the City, including a) reduced regional funds to address traffic issues;
b) doubling the fiscal and political burdens of preparing the Housing Element by defaulting from an
eight-year ioa four-year review cycle; and c) breaking faith with the public to provide a reliable,
transparent planning process leading to thoughtful policies that address critical needs.
San Rafael faces a crisis of housing affordability that the numbers in the Housing Element clearly
show can only be met by building apartments and condominiums. Such housing choices are essential,
especially for seniors, service workers, and young adults to continue to live in our community. The
Housing Element simply assures San Rafael residents and businesses—and the state—that we have
enough sites already zoned to provide these choices and accommodate the slow growth expected. It
also includes athorough examination ofhow tomake housing more economically feasible here.
The staff report to the Planning Commission on this item details multiple reasons why downzoning
existing districts would reduce housing feasibility, invalidate years of public process embodied in the
General Plan, endanger private investments made ioreliance onexisting zoning, and incur
unnecessary City expenditures of funds and time. We urge you to accept the Commission's
recommendation and approve the Housing Element with existing zoning intact.
It is imperative that San Rafael retain and enhance the natural character of our open space and the
economic, social, and aesthetic vitality o[our compact developed areas. Encouraging apartments nn
infill sites close to commerce and transit accomplishes all these goals, while also reducing driving—
the largest emitter of climate -altering greenhouse gas iothe county.
Please act to maintain and extend San Rafael's proud tradition of sound, sustainable planning and
social diversity bypassing the Housing Element now.
r
From:
Joe O'Hehir <
Sent:
Monday, December 08, 2014 5:43 PM
To:
Jack Robertson
Cc:
Raffi Boloyan
Subject:
Housing Element
Dear Jack:
I'm contacting you with your Chair of the Planning Commission "hat" on.
I'm requesting that the commission direct the city planning staff to place a greater emphasis on the importance
of Section 1-1-1.3., Senior Housing, of the Housing Element for the following reasons:
® I in 4 residents are over the age of 60, with the increase to 1 in 3 within the next ten years. And, the fast
growth segment of this population is over the age of 85. We are seeing life expectancy pushing up to the
age of 80, then 90, and in the future to 100.
® 20,000 older adults have incomes under the Elder hconomic Index, which is $29,000 per year in Marin
for a single person living alone in a rented apartment. And, the largest economic challenge they face is
the cost of housing. The average annual social security check is around $12,000.
® Given these statistics the need for affordable senior housing is large now, and will continue to be greater
within the next ten years.
I'm also requesting that the title of Section 14-13b., "Aging in Place" be replaced by "Aging in Community" for
the following reasons:
® While living at home is preferable to life in an institution, it can still feel like a hollow victory when it
happens in a home that poses physical, financial, or emotional challenges and makes meaningful
connections with others difficult, if not impossible. Without social interaction, meaning, and purpose,
advanced aging in one's home, often alone, can result in diminishing choices and mounting levels of
loneliness, helplessness, and boredom, - the same three plagues of nursing homes. As one 89 year-old
woman in a recent study said, "The hardest thing about getting old is that the world around you dies
before you do". We have over 13,000 older adults living alone, and 75% are women.
® The future of "Aging in Community" is about transforming how we age. It is focused on approaching
aging, and aging well, within the context of community based support and services. As evidenced by
research, we are better together than when we try to fly solo during life's third chapter.
® There is a growing movement, especially among America's inventive boomer generation, to explore
new pathways, strategies, and challenges of how to age successfillly. This new trend is to not merely
"age in place", but to age in community, for better health, enhanced quality of life, and a heightened
sense of self -value and connection.
® The concept of aging in community is of critical importance because aging well is best achieved in
social connectedness. And, if there are needs for support that develop, services alone are insufficient.
What people really need is for natural social systems to work at an ideal level, which means self-care,
care for each other, and systems of support in place that help individuals to remain connected, so that
life remains emotionally and purposefully meaningful. Aging in community is compelling and relevant
because it is at the core of how people live every day.
® hn the spirit of Aging in Community, there is a need for housing, and affordable housing, for the people
who take care of older adults, and who are with them for the end of their journey. To that end, we
recognize the need for more housing in Marin not just for our older adult residents, but for their
caregivers.
Our oldest citizens have given us a wonderftil gift- Marin County. Let's make sure that they can enjoy the fruits
of their labor by giving back to them at their time of need. All of us need to be committed to finding ways to
help older adults in Marin/San Rafael age in community and not simply age in place. It's our responsibility.
Thank you for your time and for considering my request,
Joe
Joe O'I3ehir
Chief Executive Officer, Whistlestop
Marin Senior Coordinating Council
930 Tamalpais Avenue
San Rafael CA 94901-3325
We all share in the responsibility to ensure thaat l ariu's older radults aage with diquity, grace, and
iudepen(leuee. Please visit w)viy.ivhistlestop.org to learn more.
From: Sarjit Dhaliwal
Sent: Tuesday, December 09, 2014 6:08 AM
To: Paul Jensen; Raffi Boloyan
Subject: FW: Housing Element
From: Dan Monte [
Posted At: Monday, December 08, 2014 4:18 PM
Posted To: Community Development Internet Mail
Conversation: Housing Element
Subject: Housing Element
Dear Commissioners
Please adopt your Housing element without reducing affordable housing sites.
12-9-2014
am here today to speak on behalf of the workers who care for members of our
community, maybe even relatives of those in this room, who because of disability
require services. These workers need affordable housing here in Marin.
recently retired from driving a paratransit bus, carrying folks from their homes to day
programs, doctor appointments, shopping, or other such destinations. As a bus driver
was paid about $15 per hour, rather handsomely compared to others serving the
human needs of our residents. I am lucky that I have a local extended family that
allows me to reside in Santa Venetia, close to work. There are few others doing this
work so fortunate. I have met no one in the five years of driving that lives
independently and locally.
Most others travel for hours each day to provide us with service. I interviewed the
director of a day program that serves over 100 clients daily. Their employee turnover
rate is high in part because of this travel. One employee, a mother of two, recently
stopped working at this agency to work near her home in Fairfield. I mention her
because she cared for her clients with a skill and compassion unsurpassed by others.
She and her husband, .who still works in Marin, and her children would have been an
asset to any of our schools. She earned a science degree in her homeland and
migrated here to work in our pharmaceutical industry. As happens her passion and
employment changed to caring for our community members with disabilities. But her
family could no longer afford Marin on this lower income, and after a few years of the
long commute this working mother of two found a job close to her new home.
Designating property available for housing affordable to such workers is a benefit to all
of us. Those that build it are not as some people have said 'vultures', but are
Community minded folks, professional and working class, providing a very needed
service. I think everyone in this room can agree that we need planning—for affordable
housing and a lot more. The food we eat, the roads traveled to get it here, and the
electricity we are using today come not from Marin but from concentric rings of regiona
planning,
Respect -fully
Dan Monte
33 Jefferson Ave, San Rafael, 94903
J-
!�T,MN, ESi-2iRt{-id3e or
December 30, 2014
Honorable Mayor and Council Members
San Rafael City Council
1400 Fifth Avenue
San Rafael, CA 94901
RE: Revised San Rafael Housing Element
Dear Mayor Phillips and Council Members,
Sustainable San Rafael strongly supports your approval of the revised Housing Element, without
significant alterations or delay.
The Housing Element has been through a thorough process of public review. It needs to be adopted
now to avoid tangible risks to the City, including a) reduced regional funds to address traffic issues;
b) doubling the fiscal and political burdens of preparing the Housing Element by defaulting from an
eight-year to a four-year review cycle; and c) breaking faith with the public to provide a reliable,
transparent planning process leading to thoughtful policies that address critical needs.
San Rafael faces a crisis of housing affordability that the numbers in the Housing Element clearly
show can only be met by building apartments and condominiums. Such housing choices are essential,
especially for seniors, service workers, and young adults to continue to live in our community. The
Housing Element simply assures San Rafael residents and businesses—and the state—that we have
enough sites already zoned to provide these choices and accommodate the slow growth expected. It
also includes a thorough examination of how to make housing more economically feasible here.
The staff report to the Planning Commission on this item details multiple reasons why downzoning
existing districts would reduce housing feasibility, invalidate years of public process embodied in the
General Plan, endanger private investments made in reliance on existing zoning, and incur
unnecessary City expenditures of funds and time. We urge you to accept the Commission's
recommendation and approve the Housing Element with existing zoning intact.
It is imperative that San Rafael retain and enhance the natural character of our open space and the
economic, social, and aesthetic vitality of our compact developed areas. Encouraging apartments on
infill sites close to commerce and transit accomplishes all these goals, while also reducing driving—
the largest emitter of climate -altering greenhouse gas in the county.
Please act to maintain and extend San Rafael°s proud tradition of sound, sustainable planning and
social diversity by passing the Housing Element now.
Sincerely.
William Carney.
President, Sustainable San Rafael
January 3, 2015
LEAGUE OF WOMEN VOTERS OF MARIN COUNTY
Housing Element Update 2015-2023
Mayor Gary Phillips and Members of the San Rafael City Council
The League of Women Voters of Marin County commends the city's Community
Development staff in the goals, policies and programs contained in the Housing Element
Update 2015-2023.
The League strongly supports the revised Housing Element as written and that you approve it
tonight without major changes. It has already been through an extensive public review
process, and further delay would serve no useful purpose.
We recognize the City's analysis of San Rafael's housing need and would add that it's clear
that the need is even greater than that planned for in this document. This plan has zoned sites
for the apartments and condominiums necessary to provide housing for its young adults,
service workers and seniors who deserve the opportunity to live, or continue to live, in San
Rafael. Planning for such housing on infill sites is essential to the continuing diversity and
growth of the City.
We agree with the staff's reasoning against downzoning existing districts. We support the
Planning Commission's recommendation and approve this plan that leaves the existing zoning
intact.
We urge you to support the Housing Element Update tonight.
/s/
Suki Sennett
First Vice President
Esther Beirne
From:
Nancy Mackle
Sent:
Sunday, January 04, 2015 11:38 AM
To:
Nancy Mackle
Cc:
Jim Schutz; Paul Jensen; Esther Beirne
Subject:
Housing Element
Dear Mayor and Council
Below is something making its way around the City and there have been a few others sent directly to
Paul that he has responded to on the proposed Housing Element update. Staff will be ready to
respond to misconceptions such as this one if they arise Monday night and of course any questions
from City Council.
For Monday's agenda item, the sole reference to heights is the policy regarding the Downtown
Station Area Plan, which recommends STUDYING additional heights around the SMART station.
Building heights are addressed in the GP Land Use Element, which is not a part of this action on the
Housing Element update.
Nancy
Event this SundaV! 67 apartments in San Rafael? "Hen
discuss!
ago I
r�,;��,.
3
Dear neighbors,
This Monday (in two days 01-05-2015) the San Rafael City Council
will pass an update to the General Plan that will encourage 67 foot
tall apartment complexes to be built without regard for the traffic
implications or providing parking for the new residents. I fear that
carpetbaggers will find a way to turn our fair city into an
uninteresting interchangeable urban experiment. Like the failure
in Corte Madera at WinCup.
I know this is the last minute but this is serious. This will not
benefit you, me, or San Rafael.
Billed as "affordable" housing the beneficiaries (but it is not
affordable housing but market rate housing) are multi -national
real-estate consortiums and the major banks (BofA financed
WinCup) not those of us that live here. We did not agree to it. Add
the Chamber of Commerce (Citizens United / Republicans) who's
past local presidents are now the Mayor and Vice -Mayor the
Council definitely has a confirmation bias as their previous votes
have been unanimous. Last month the draft housing document
was hustled through the Planning Commission,The Chairman of
the Planning Commission was the VP of Lermar Urban, (market cap
of $8.82B) redeveloper of that huge Hunters Point Shipyard
acreage and now a principal of a private equity group that benefits
by high density projects ... and the public policy that makes it
possible.
WinCup was referred to as "the Boogyman" by a commissioner who
is also in the density business. Conflicts or not, there is no one on
the City Council willing to stand up for maintaining the character
of the Downtown. I love this town. In fact, maintaining the
character of San Rafael has disappeared from the City's Mission
Statement! This is very important. The Marin IJ was apparently
uninterested in this issue as it was billed as "perfunctory by city
staff'.
Mark Levine's well intended Legislation AB 1537 which limits
forced urbanization was ignored and the required public vetting of
large projects was eliminated because the press had such things
"covered" according to City staff. This is not the time to be passive.
Ask questions of the Planning Director and the San Rafael City
Council Monday Night. Please tell them "No".
This is the last minute. This is serious. This will not benefit you,
nor San Rafael, nor Marin County.
Under the guise of state mandates the Council effectively cedes
local control and will surrender the San Rafael skyline and
character of San Rafael on Monday evening 7:00 PM at City Hall on
5th and "D" street.The Council by passing this update becomes a
ceremonial functionary for the "corporatocracy" and intentionally
obsolete. If the Council will not defend it's citizens' best interests,
whose interests are being served? It's going to look like Walnut
Creek!
For a further discussion of this historic event meet us at the
2
"Ivy Elephant" this Sunday,1517 5th Ave 1-4 pm. The ivy
elephant is Henry, my topiary elephant on 5th Street at
"E" Street across the street from Cake Art in front of my old
white 1890s Victorian House at 1517 Fifth Avenue. You can
park nextdoor (free) in the large parking lot next to my house.
Henry will be wearing his New Year's suit and lights. I would
love to hear your insights and organize.
Sincerely,
Brad Sears, concerned citizens, and "Henry" the topiary
elephant.
(Click on the photo to enlarge it)
Edited lh ago • Shared with Downtown + 13 neighborhoods in
General ��
Marin Independent Journal
150 Alameda del Prado
PO Box 6150
Novato, California 94948-1535
(415) 382-7335
legals@marinij,com
SAN RAFAEL,CITY OF
CITY OF SAN RAFAEL,CITY CLERK, ROOM 209,1400
FIFTH AVENUE, SAN R
SAN RAFAEL CA 94915-1560
PROOF OF PUBLICATIOM
(2015.5 C.C.P.)
County of Marin
FILE NO. 0005371411
I am a citizen of the United States and a resident of the County
aforesaid: I am over the age of eighteen years, and not a party to
or interested in the above matter. I am the principal clerk of the
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation, printed and published daily in the County of
Marin, and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955, CASE
NUMBER 25566; that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
12113/2014
I certify (or declare) under the penalty of perjury that the foregoing
is true and correct.
Dated this 15th day of December, 2014.
Signature
Legal No. 0005371411
CITY OF SAN RAFAEL
NOTICE OF PUISLIC HEARING
You are invited to attend the City Council
hearing on the following project:
PROJECT:
the
state
tate
Department
e Pa
m n
orH 0
05i
n and
d
Commun-
ity De
ommun-1tyDe e 0pment D Per
State jaw,
an up-
date
0f1e 0 ty'SHousing Element,
0n of the
eur elements
f the
City's General
Plan, is
e'red everyfiveeht y-ars.t`s - datwill
-erthe
time Per00'5_2,2, The
matter
isreviewed and recommended
approval
by the
Planning
C.mnat,heDecember
. 0
14 meeting;
C"YofSan Rafael, project
pro-
ponent;
,o-
P., n . File GPA 14.001:
PI 13
As required by state law, the project's potential
environmental impacts have been assessed.
Planning staff has prepared an Addendum to
the General Plan 2020 Environmental Impact Re-
port for the proposed Housing Element update
which meets the provisions of the Californ is En-
vironmental quality Act (CEQA). Comments on
the adequacy of the Addendum to the General
Plan 2020 EIR will be received until Monday,
January 5, 2015.
HEARING DATE:
Monday, January 5, 2015 at 7:00 P.M.
LOCATION:
San Rafael City Halt - City Council Chambers
1400 Fifth Aven ue at "D- Street
Sari Rafael, California
WHAT WILL HAPPEN: You can comment on the
General Plan Update for the Draft Housing Ele.
ment. The Ci Council will consider all public
testimony and consider adoption of the Hous-
ing Element update and associated environ-
mental document.
IF YOU CANNOT ATTEND:
You can send a letter to the Community Devel-
opment Department, Planning Division,
is city of
San Rafael, P. O. Box 151560, San Rafael, CA
94915-1560. You can also hand deliver prior to
meeting.
FOR MORE INFORMATION- Contact Paul Jen-
sen at (415) 485.5064 or pauI4ensen@cityofsa
nralael.o r You can also come to the Plannin
Division o%ce, located in City Hall, 1400 Fi4l
Avenue to review the file an pertinent infor-
mation. The office is open from 8:30 a.m. to 5:00
p.m. on Monday and Thursday and 8:30am to
12:45pm on Tuesday, Wednesday and Friday.
You can also view the staff report after 5:00
p.m. on the Friday before the meeting at http://
kvwv,d.cityofsonrafael.org/meetinp. The Draft
Hou5lnElement and EIR adden LIM are availa-
ble on t ie City's web site at http://wvvw.cityofs
anrafael.org/commdev-planning-prof-home
and then clicking on "Housin%Element Update
2015-2023" link. A limited number of hardcopies
will be available at City Council meeting.
SAN RAFAEL CITY COUNCIL
/s/ Esther Beirne
Esther Beirne
CITY CLERK
At the above time and place, all letters received
%vilk be noted and all interested Parties will be
heard. If you challenge in court the
matter de-
scribed above, you may be limited to raising
only those issues you or someone else raise�iat
the
public
hearing described in this notice, or in
written correspondence delivered at, or prior
to, the above referenced public hearing (Gov-
ernment Code Section 65009 (b) (2)).
Judicial review of an administrative decision of
the City Council must be filed with the Court
not later than the 90th day following the date of
the Council's decision. (Code of Civil Procedure
Section 1094.6)
Sign Language and interpretation and assistive
listening devices may be requested by calling
(415) 4853085 (voice) or (415) 465-3198 (TDD) at
least 72 hours in advance. Copies of documents
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Public transportation to City Hall is available
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Para -transit is available by railing Whistlestop
Wheels at (415) 454-0964.
To allow individuals with environmental illness
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meetin/hearing, individuals are requested to
refrain from wearing scented products.
no. 1502 Dec. 13, 2014
I
CITY OF SAN RAFAEL
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL/ AGENCY.
SRRA / SRCC AGENDA ITEM NO. :I
DATE OF MEETING: January 5, 2015
FROM: Paul Jensen
DEPARTMENT: Community Development
DATE: December 24, 2014
TITLE OF DOCUMENT:
HOUSING ELEMENT UPDATE 2015-2023; REVIEW OF SAN RAFAEL GENERAL PLAN 2020
FINAL DRAFT HOUSING ELEMENT UPDATE; CITY OF SAN RAFAEL, PROJECT
PROPONENT; FILE NO. GPA14-001 (CD)
Department Head (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
AGENDA ITEM:
City Manager (sig ature)
NOT APPROVED
REMARKS:
APPROVED AS TO FORM:
ellP
City Attorney (signature) j
December 8,2Ol4
Honorable Commissioners
San Rafael Planning Commission
I4OUBkhAvenue
San Rafael, CA949Ol
RE: Additional Coinments on 1700 Fourth Street Mixed Use Development
Dear Commissioners,
&aoutlined ioour October 27letter, S''"^—' dysignificant new
housing development, which could set �,^ led the unnecessary
driveway over the Fourth Street sidevv
Thank you for requesting the architect t both entry and exit
via CStreet, there6ypreserving San Kah ealmooFourth
Street, ioaccordance with City design gu driveway) ocC
(2O'driveovay) would achieve this.
Any safety concerns with Alternative BCOL ... oeameliorated bysimple signal devices
activated when the driveway is in use --and must also 6eweighed against the far greater
hazards n[cars exiting directly into the 6st'mnvioQ2-vvay, visually obscured traffic along
Fourth Street.
Regarding the apparent loss o[two parking spaces with Alternative C'bappears that
reconfiguring the bicycle parking might gain back a space, which together with the
additioua|spaceQainedonFourduStreeLmouldprnvidctheI3spaccsrequircd.Thc
availability of an underutilized public parking lot within easy walking distance of the
development should also be factored into this alternative, essentially replicating conditions
in the downtown parking district where retail parking is provided by public lots.
Our only otlier comment is to require replacement of the London plane trees being removed
from this site with the same species (or one of the same size when mature) as street trees.
Again, thank you for diligently protecting and extending San Rafael's public realm.
Sincerely,
William Carney
President, Sustainable San Rafael