San Rafael

H-16a. New Second Units

Based on past trends, support the production of an average of five second units annually, with the goal of achieving 40 units over the planning period.

The Community Development Department has prepared helpful informational handouts to assist property owners in determining feasibility of a second unit (aka ADUs). In late 2021, a new ADU Ordinance was adopted by the City to comply with State law changes applicable to ADUs and JDUs. In 2022, the City approved entitlements for 26 ADUs and issued building permits for 45 ADUs.

H-9b. Reasonable Accommodation.

Implement zoning regulations to provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures that may be necessary to ensure equal access to housing.

City staff continues to use a standardized set of forms to simplify and streamline the review of reasonable accommodation requests.

H-10c. Single Room Occupancy (SRO) Units.

Actively promote existing incentives for SRO apartments, such as no density regulations and lower parking standards, in multifamily and mixed use districts in recognition of their small size and low impacts.

No applications or inquiries for SROs were received in this reporting period.

H-5a. Fair Housing Program.

Ensure that written materials regarding fair housing law are provided at various public locations, and continue to refer discrimination and tenant/landlord complaints to Fair Housing of Marin, or other appropriate agency.

In 2019, the City adopted an ordinance establishing "just cause for eviction" and "mandatory mediation" policies. In 2020, the City enacted a temporary moratorium on rent increases to residents living in US Census Tracts most disproportionatly impacted by COVID-19. In 2021, the City adopted a renter relocation assistance ordinance for residents subject to "no fault" eviction in US Census Tract 1122.01 (federally designated Opportunity Zone). The City adopted temporary rent caps and initiated eviction protections to protect vulnerable tenants during the COVID-19 pandemic. In summer 2021, City staff distributed flyers to community members in two census tracts informing them of renter protections that were in place and advising them of ways to seek rental assistance and legal advice around housing related issues. In 2022, the City extended its COVID-19 eviction moratorium through September 30th to align with the County's distribution of emergency rental assistance. In 2022, the City continued to allocate Community Development Block Grant funding for Fair Housing Advocates of Northern California and Legal Aid of Marin. City staff continues to refer complaints to Fair Housing of Marin and Marin Mediation Services.

H-6a. In-Lieu Fees for Affordable Housing.

Contribute funding towards at least one affordable rental project for lower income households. Activities may include: acquisition/rehabilitation of existing housing; new construction of affordable housing; and rehabilitation of privately owned rental housing in exchange for affordability covenants.

The City has exceeded this objective. The City continues to collect affordable housing in lieu fees for new residential development and commercial linkage fees for non-residential development. The collected fees are held in an Affordable Housing Trust Fund. In 2019, the City adopted guidelines for the administration of the Affordable Housing Trust Fund and in 2020, the City funded two affordable housing projects: Homeward Bound's transitional housing for extremely low income at 190 Mill St and Vivalon/EDEN Housing senior low-income housing at 999 3rd St. The fund was boosted by a $3.6 million buy-out of six undeveloped BMR for sale units at the Village @ Loch Lomond Marina development. In 2021, the City released another NOFA and funded four projects in 2022, including gap funding requests for two new construction projects and one adaptive reuse project, and one acquisition funding request for naturally occurring affordable housing in the Canal neighborhood. Two of the gap funding requests will provide permanent supportive housing and the third will provide housing for older adults.

H-6b. Funding Resources.

Work with community and elected leaders to identify potential public and private funding resources for affordable housing. Seek to secure at least two new funding sources and a minimum of $200,000 in outside funds during the planning period.

Resources are considered and tapped on a case-by-case basis, as affordable project applications are received. The City has secured over $200,000 through matching funds from the County and state tax credits, exceeding this objective.

H-14a. Residential and Mixed Use Sites Inventory.

Maintain a current inventory of suitable sites, and provide this information to interested developers along with information on incentives.

As part of the 2015-2023 Housing Element update, in 2015, the City undertook a comprehensive update of its sites zoned and suitable for residential and mixed-use development. Planning staff continues to inform developers of density bonuses and concessions available for development projects, where appropriate.

H-9a. Adaptive Housing.

Ensure compliance with State and Federal requirements for accessible units. Conduct regular "coffee and codes" meetings with design and construction industry members to discuss requirements under the Americans with Disabilities (ADA) Act.

The Building Division holds regular "coffee and codes" meetings with design and construction industry members to discuss ADA requirements. In 2019, the City's dormant ADA Advisory Committee was re-established and re-purposed with new by-laws. The ADA Advisory Committee provides an advisory role to the City's Chief Bulding Official, City Engineer and City Council.

H-4b. Community Collaboration.

Encourage cooperative and joint ventures between owners, developers, and community non-profit groups in the provision of affordable housing.

The Community Development Department staff routinely uses its expertise and connections in affordable housing to assist local developers in pursuing housing development. In 2022, through its Affordable Housing Trust Fund, the City funded 66 units of affordable senior housing at the Vivalon Healthy Aging Campus project at 999 Third Street, a collaboration between developer Eden Housing and nonprofit Vivalon, with land donated in fulfillment of BioMarin’s affordable housing requirements for an adjacent commercial project. Marin County contributed funding for the project, and Marin Housing Authority provided project-based vouchers.

H-10d. Zoning for Live/Work Opportunities.

Continue to accommodate live/work quarters in commercial districts, and allow for flexibility in parking requirements as supported by a parking study.

No applications or inquiries for live/work units were received in this reporting period.

H-11a. Home sharing and Tenant Matching Opportunities.

Continue to support, and consider increased participation in, the Shared Housing Project in collaboration with community partners.

In 2021 and 2022, the City Council approved Community Development Block Grant funding for Home Match Marin, a roommate matching service.

H-7e. Retention of Mobile homes and Preservation of Existing Mobile home Sites.

Retain where possible this type of housing and its affordability by continuing to implement the mobile home Rent Stabilization Ordinance.

The rent stabilization ordinance applicable to the local mobile home parks remains in effect.

H-17a. State Density Bonus Law.

Implement State density bonus requirements, as specified within the city's Affordable Housing Ordinance, in connection with the city's Inclusionary Housing requirement.

San Rafael has integrated State density bonus requirements within its Affordable Housing Ordinance (Zoning Code Section 14.16.030), depicting the connection with the City's Inclusionary Housing requirements. Since adoption of this ordinance, the City continues to approve residential and mixed used housing developments that have included a density bonus. In 2021, the City updated the density bonus provisions to align with the current State Density Bonus laws. In 2022, this included projects at 88 Vivian, 55 Brookdale, and Los Gamos.

H-2a. Design Concerns of Single-Family Homes.

Examine and amend, as needed, zoning regulations and guidelines for single-family homes.

In 2022, the City prepared draft objective standards that would apply to all single-family development in accordance with SB9. A final document is targeted for 2023.

H-3a. Neighborhood Meetings.

Require neighborhood meetings for larger housing development proposals and those that have potential to change neighborhood character.

Neighborhood meetings are held as needed as part of individual project review. The City also encourages applicants to implement other outreach measures, including holding informal meetings with small groups.

H-12c. Residential Care Facilities.

Regularly update zoning regulations to conform to laws and do not result in overconcentration of care facilities. Explore the feasibility of requiring affordable units in assisted living facilities.

The City abides by state law related to residential care facilities and continues to explore options, including requiring the payment of in-lieu fees rather than onsite units. The City applied its affordable housing in-lieu fee to assisted living facility projects in 2021 and 2022.

H-8c. Residential Rehabilitation Loan Program.

Continue to require a portion of the City’s CDBG allocation to the Marin Housing Authority to provide property improvement loans and technical assistance to very low-income homeowners. Provide rehabilitation assistance to 3 very low income households annually, subject to funding availability.

The City continues to advertise the Rehabilitation Program on the City's website and disseminate program brochures at City Hall. This program is administered by the Marin Housing Authority on behalf of the City. In 2020, the City of San Rafael in coordination with the Marin Housing Authority approved a refinancing loan to a private residential property owner for a large apartment complex (Centertown). As part of the refinancing agreement, the property owner committed to complete improvements and upgrades to the apartment units. A new ground lease agreement was signed in 2021, extending affordability restrictions for 99 years.

H-7b. Preserving Existing Rental Housing Affordable to Low Income Households At Risk of Conversion.

Conserve all 291 very low income rental units at risk of conversion to market rate as long-term affordable housing.

In 2021, the City Council entered into a ground lease agreement with an affordable housing developer that extended the affordability terms of a property at 855 C street for a period of 99 years. While this property was not at risk of converting in the near term, this ground lease agreement allowed the developer to apply for state and local funding for rehabilitation of the property and ensure long term affordability of this site and extended the term of affordability to 99 years. The City also seeks to preserve "naturally occurring" affordable housing: In 2022, the City awarded $400,000 for nonprofit acquisition of an existing apartment building in the Canal neighborhood for preservation as long-term affordable rental housing.

H-8d. Relocation Assistance.

Require applicants to provide certain limited relocation assistance, per Section 14.16.279, for low-income tenants displaced by new development or property improvements.

This requirement is reviewed as part of all development applications involving displacement of existing low income residents. In 2021, the City established requirements for relocation assistance to residents displaced by "no fault" eviction within the federally designated Opportunity Zone (US Census 1122.01). In 2022, the City enforced its Opportunity Zone relocation assistance requirements for a 100-unit rental property in the Canal neighborhood.

H-14b. Efficient use of Multifamily Housing Sites.

Do not approve residential-only development below minimum designated General Plan densities unless physical or environmental constraints preclude its achievement.

The City continues to require developers/applicants to meet the minimum density requirements in designing their housing projects. The City has not approved a housing project that is below the minimum density requirements specified by the General Plan 2040 or zoning.