Housing Readiness Report

Local housing programs, as part of a housing element, have significant impacts on a city or county reaching its affordable housing goals. Each additional housing policy has a significant impact on the residents who are most in need of affordable housing. However, the number of programs that a jurisdiction includes in their housing element is not meant to imply how well a city or county is addressing local housing needs since the quality and impact of each will need to be determined as well.

PROGRAM NUMBER	ACTIONS	DELIVERABLE
1	Create a Housing and Homelessness Division within the Community Development Department. The City has already begun implementation of this program, and created a Housing and Homeless Division in January 2023. An Assistant Director has been hired. Recognizing the interrelatedness of housing, homelessness, and the need for supportive services, the Division will: • Develop and implement policies and programs that are responsive to community needs, • Pursue funding and grant opportunities, • Work collaboratively with the County and non-profit sector, • Provide low interest loans, grants and technical assistance to increase the supply of affordable housing, preserve existing affordable housing, and reduce the number of people experiencing homelessness. The Division will seek to increase housing resources for San Rafael residents and employers, and to develop and implement effective solutions to homelessness in San Rafael	• In January 2023, the City hired an Assistant Director of Housing and Homelessness to lead the division • In 2023, hire additional staff position to support the work (underway) • In 2024, develop mid- to long-range metrics for team success, including a plan for reduction in number of unhoused residents by 50% by 2031, as reported by the annual point-in-time count • Beginning in 2023, meet and consult at least quarterly with the Mental Health Liaison and other key personnel in the San Rafael Police Department to better understand barriers to housing and develop specific policy and program solutions to address them.
2	Expand housing resources and supportive services for extremely low income households. Most of the City’s housing programs are targeted toward Very Low-, Low-, and ModerateIncome households. However, because the areawide median income in Marin County is very high ($166,000 annually for a household of four), the income ranges for these groups often result in inadequate provisions for “extremely low” income households. These households are defined as earning 30 percent or less of areawide median. A household of four earning $55,900 is considered extremely low income. Housing options for individuals and families with incomes below this threshold are very limited, yet this group faces the largest affordability gap and highest percentage of housing cost burden, eviction, and displacement. Some of these households may be at risk of becoming homeless, while others may be living in overcrowded conditions. The intent of this program is to provide additional resources for extremely lowincome households.	• In 2023, research best practices and develop a strategy to create interim housing with a strong service component to assist individuals to take steps towards stable housing. The City has already initiated this action, including a January 2023 City Council study session on interim housing where staff provided an overview, examples, and available funding sources for a pilot. Council directed staff to proceed with deeper research addressing questions raised by Council during the session. Staff has since hired a consultant with the expertise and experience to support research and a strategy. • In 2023, identify site for interim housing pilot project, to be completed with State grants in partnership with community partners • In 2024, install interim housing units • In 2025, amend Title 14 of the San Rafael Municipal Code to include a definition of Single Room Occupancy (SRO) hotels separate from “boarding houses”. Identify zones where SROs are permitted and/or conditionally permitted, including performance standards to expedite processing and allow for by-right approval in at least one zone. By 2031, create housing for an additional 428 extremely low income households (RHNA target) by: • Prioritizing City funds for developments that include housing units reserved for those earning 30% of median income as well those earning 50%, 60% and 80% of median income, and especially for those that include a supportive services component • Working with housing advocates and community-based organizations, and collaborating with the County and philanthropy to determine the most effective ways to meet the needs of extremely low-income households • Working with the faith-based community to deliver housing and emergency services to families and individuals at risk of losing their housing • Advocating for an increase in the number of tenantbased Section 8 Housing Choice Vouchers, and vouchers for families, seniors and disabled residents available to persons who live or work in San Rafael and encouraging housing providers, landlords and property managers to proactively participate in the Housing Choice Voucher program. • Allowing and promoting housing types that may be more affordable to extremely low- income households, such as SROs, ADUs, tiny homes and manufactured housing.
3	Continue to actively seek funding for strategies that prevent homelessness and help San Rafael residents experiencing homelessness in securing a place to live and access to the services they require. In collaboration with local nonprofits and the County of Marin, the City’s recent major funding accomplishments include: • Awarding funding through the City’s Affordable Housing Trust Fund for the conversion of an office building at 3301 Kerner Boulevard into supportive housing through Project HomeKey, • Awarding funding through the City’s Affordable Housing Trust Fund for the development of a new emergency shelter and transitional housing at 190 Mill Street, • Securing grant funding ($522K) for Intensive Case Management to help in housing placement through the State’s Encampment Resolution Fund, and • Allocating funding ($260K) to a regional Intensive Case Management effort involving contributions from all the jurisdictions in Marin. During the height of the COVID-19 pandemic, the City of San Rafael partnered with Caltrans, the County of Marin, CHP, and multiple service organizations to provide enhanced services for individuals experiencing homelessness through the creation of a designated “service support area” (SSA). This designated space provided security, restrooms, handwashing stations, garbage pick-up, regular outreach and service referrals, and other quality of life amenities. It also allowed for the continuing of work with local partners to identify permanent paths to housing. The SSA location closed in late summer 2022; the lessons learned will inform the Interim Housing Unit project and other City approaches moving forward. The City will continue to partner with Marin County and local social service and nonprofit organizations to develop compassionate, effective solutions to homelessness and increase housing and supportive service options for its residents. The City is supporting efforts by the County to continue Project HomeKey acquisitions, expand case management and behavioral health services, utilize funding to prevent homelessness through acquisition of existing affordable housing, and provide additional resources to keep residents of San Rafael and Marin County housed.	• In 2023, document learnings from the Downtown Service Support Area for unhoused residents to inform future funding proposals, and long and short-term strategies for temporary housing. • By 2031, seek at least one million dollars in funding through grants or other sources for homelessness prevention, including case management and housing. Work on this action has already begun—in February 2023, the City applied for $250,000 in Encampment Resolution Round 2 Funding—primarily for case management.
4	Provide emergency shelter capacity sufficient to meet local needs. Emergency shelters are permitted with a conditional use permit in several commercial and industrial zoning districts, in the Downtown Mixed Use district, and in the public/quasi-public district. They are permitted “by right” in a geographic area that includes General Commercial and Light Industrial/Office zoned properties in southeast San Rafael (generally south of Bellam and north/east of I-580). Section 14.16.115 of the San Rafael Zoning Code identifies performance standards for shelters in these areas. It also establishes requirements for management plans, including measures to encourage positive relations with neighborhoods and nearby uses, and outreach and communication to neighborhoods. The zoning code differentiates between “temporary” shelters, which may be movable and developed in response to natural disasters and emergencies, and “permanent” shelters which involve greater fixed investments As noted above, the City of San Rafael contributed over $1 million for emergency shelter rooms at 190 Mill Street in addition to permanent supportive housing units incorporated into the same project. The City is committed to funding and pursuing funding opportunities for similar projects in the future. As indicated in Chapter 5 (Section 5.8), the City will amend the parking standards for shelters as required by AB 139.	• On an ongoing basis, monitor temporary and permanent shelter capacity in relation to biannual point-in-time count to ensure sufficient shelter capacity to meet the needs of San Rafael’s population. • Seek funding to continue to sponsor or assist in the development of emergency shelter facilities, including supporting such facilities through grants or loans to service providers. • In 2024, amend Sec. 14.18.040 of the Municipal Code to eliminate parking requirements based on the number of shelter beds. Parking may only be required based on the number of employees. • In 2024, amend Sec. 14.16.115 of the Municipal Code to allow emergency shelters “by right” in at least one other area outside the 70-acre area shown on Map 14.16.115 in the Municipal Code. As required by AB 2339, the additional area should be a location where other residential uses are allowed “by right.” The City will also monitor the supply of sites in areas where shelters are allowed by right to ensure that sufficient capacity to accommodate the need for shelter beds is maintained throughout the planning period.
5	Expand awareness of housing laws, programs, and resources provided by the City and by other agencies and organizations through a comprehensive, multi-lingual community outreach and engagement initiative. The City will take a more proactive approach to fair housing, including community-wide education on fair housing laws and greater awareness of past lending and real estate practices. An example is the City’s participation in the Marin County Restrictive Covenant project, an effort to inform and educate residents of the history and significance of government policies that were intentionally discriminatory and helped create segregated communities in Marin. Examples of policies and programs to be highlighted include: • Rent Mediation and Tenant Protection Act of 2019. Increase awareness of the statewide limits on rent increases instituted by Assembly Bill 1482, as well as the local mediation program for rent increases greater than 5%. • Source of Income Discrimination. Educate and engage landlords, property managers, tenants and non-profit organizations on tenants’ rights related to housing vouchers and local and state laws prohibiting source of income discrimination. • Home Sharing. Support home sharing as one way to use the existing housing stock more efficiently, create more affordable room rental options, and generate additional income and security for homeowners living alone. Other outreach topics include tenants’ rights, fair housing, home repair grants, first-time homebuyer opportunities, reduced utility costs for lower income households, housing choice vouchers, local BMR and affordable housing opportunities, code enforcement, and housing assistance, such as emergency loans and grants and credit counseling. Cross-Departmental Housing Capacity. As part of public engagement efforts around housing, housing staff will seek to increase non-housing staff’s basic knowledge and capacity to refer community members to appropriate resources. We will work towards a “no-wrong-door” practice so that a community member who interfaces with any City department is smoothly referred to housing staff or appropriate nonprofit partners. Training will include topics such as: accessing legal assistance for renters, filing a complaint with code enforcement, and resources for community members who are unhoused.	• Annually, update the Division’s existing resource handout in Spanish and English that includes community services such as legal assistance for renters and rental assistance. Make additions based on frequent inquiries. • Annually, attend at least 6 community events (e.g., farmers markets, recreational events, City-sponsored fairs and festivals). Prioritize events with residents who may be in the greatest need of housing-related services. • In 2023, revise City “Notice of Tenant Rights” that landlords are required to provide to new tenants as part of the City’s mandatory mediation program. In addition to describing how to request mediation, expand notice to include information on allowable rent increases, just cause for eviction regulations, and links to fair housing and civil rights resources – including ADA and reasonable accommodation requirements. • Beginning in 2023, work with FHANC to co-sponsor Fair Housing Workshops. This action is underway, as City staff met with FHANC in April 2023 to discuss options for workshops and staff education. Expand fair housing outreach to include training and education for Homeowners Associations, neighborhood groups, civic groups, realtors, brokers, City staff, and other groups that have historically not received this training. • In 2023, present “Housing 101” during CDD staff meeting, inviting front/desk reception staff from City Manager’s Office and other departments to attend. • In 2023, gauge interest from field staff in Library and Recreation, Police and Fire, Public Works in wallet insert on housing/homelessness basic referral guidance. Ask other departments what info would be most helpful, including frequently asked questions. • At least annually, post written information on tenants’ rights and fair housing law, including agencies and service providers, in English and Spanish at various places such as City Hall, public libraries, community centers, and multi-family housing developments. Share written materials with community-based organizations to extend the City’s reach. Website • In 2023, expand website resources related to fair housing and tenant rights. Seek to make webpages more readable and engaging by reducing text, simplifying language and, when possible, using other communication tools such as “how to” videos and infographics. • In 2023, better articulate on the City website what housing services the City provides to help community members understand how housing services are delivered and what resources they may access. • In 2023, provide links on the City website to home sharing service providers and encourage residents to participate. Explore providing a method for sharing the information as part of City business licenses.
6	As part of the Cooperative Agreement with the County on CDBG funding, direct a portion of the City’s allocation to a local fair housing assistance program. San Rafael currently provides funding to Fair Housing Advocates of Northern California (FHANC) to support comprehensive fair housing counseling, complaint investigation, and assistance in filing housing discrimination complaints. FHANC offers workshops to tenants on their rights and responsibilities under fair housing law. They provide specialized resources for people with disabilities, seniors, LGBTQ residents, victims of domestic violence, Section 8 voucher holders, and non-English speaking residents. FHANC works with other Marin County service providers to conduct outreach, provide fair housing audits, and assist tenants in completing necessary forms and finding legal representation. FHANC’s most recent Fair Housing Audit of North Bay jurisdictions (August 2022) found that discrimination against people of color in Marin County is still significant.	On an ongoing basis, continue to direct CDBG funds to administer a fair housing program, including counseling, complaint investigation, technical assistance, enforcement, and testing.
7	Affirmatively market local affordable housing opportunities to include groups that have historically been disadvantaged in the local housing market. An affirmative marketing plan includes proactive measures aimed at reversing historical trends and discriminatory patterns in the housing market. This includes targeting specific groups who have been under-served by the current housing market. It also includes making a good faith effort to inform these groups of local affordable housing opportunities. This can be done through advertising (including advertising in Spanish), marketing, and developing media that can be distributed to these groups. HUD has developed specific guidelines for affirmative marketing. Affirmative marketing should be used for local below market rate (BMR) for-sale and for-rent units, as well as local senior and affordable housing developments. It reaches those who work in San Rafael as well as those who live here. This program seeks to reduce housing cost burden for minority racial and ethnic groups in San Rafael and to create additional affordable housing opportunities for the local workforce.	• Whenever a Notice of Funding Availability is released for the City’s Affordable Housing Trust Fund, continue to require applicants to submit an Affirmative Action Marketing Plan as part of the application. • For developments receiving awards from the City’s Affordable Housing Trust Fund, continue to require project demographics and affirmative marketing plans as part of annual reporting. • In 2023, identify a contractor to administer the BMR rental program with expertise in affirmative marketing who can support marketing of inclusionary housing units in marketrate developments, including in Spanish.
8	Undertake a capacity-building and educational program designed to increase understanding of the housing system by the City’s Latinx community. The intent of this program is to convene a series of Spanish-language meetings/workshops that engage representatives of the City’s Latinx community in conversations about housing needs, resources, plans, and priorities, and to develop an ongoing relationship between the City and community-based organizations. These workshops are part of a larger effort to equitably allocate the City’s resources and improve access to safe, affordable housing among residents who may be unaware of existing resources today. The workshops will build on previous sessions that were well-received.	• In late 2023 and 2024, complete series of six capacitybuilding meetings on housing. The City has been working with a consultant to define the scope and format of these meetings. • In 2024, develop strategies to sustain momentum and communication on an ongoing basis. • Incorporate what City staff learns about housing needs and community engagement into City policies and practices.
9	Collaborate with Marin County, cities and towns to address regional planning and housing issues. Remain open to alignment on programs to increase housing supply and further fair housing. The City has long participated in housing collaboration with the County and other cities and towns, and in 2019, City staff joined a countywide working group of Planning Directors and planning staff to encourage interjurisdictional collaboration on housing issues and solutions, with a specific focus on responding to new state legislation to streamline housing developments. The working group established common goals and coordinated on housing legislation, planning, production, and preservation of existing affordability. The working group meets once monthly and has evolved from briefings and discussions regarding state housing legislation into collaboration on projects to facilitate the development of more housing in Marin County. The group received funds from ABAG to work collaboratively on shared Housing Element deliverables including translation dollars, Affirmatively Furthering Fair Housing products, visualizations, and a countywide website. In late 2022, the City participated in a multijurisdictional study (including the County and five other cities) to update affordable housing inlieu fees, leading to a fee update in December 2022. The City intends to expand and strengthen coordination with the County and other cities and towns on housing policy and funding, with the goal of increasing affordable housing countywide. Given the County’s greater funding and staffing resources, the City will work with the County to supplement local resources and implement multi-jurisdictional programs where feasible.	• Continue to prioritize staff attendance at interjurisdictional collaboration meetings on an ongoing basis. • In 2023, work with other Marin jurisdictions to establish more consistent commercial linkage fees. • Hold a public hearing annually to report on progress to the City Council and report to the State through the Annual Progress Report (Program 23). • Collaborate on 2023-2031 Housing Element program implementation, especially programs related to Affirmatively Furthering Fair Housing and tenant protections, including by developing shared ordinance templates and conducting shared outreach and community engagement. • Continue to collaborate as part of the Marin County entitlement community on using Community Development Block Grant CDBG funds to fund affordable housing and leverage other State and Federal Sources. • Continue to collaborate as an entitlement community to use Permanent Local Housing Allocation (PLHA) funds on housing-related projects and programs that assist in addressing the unmet housing needs of our local communities. • Actively participate and support the efforts of BAHFA to raise funds to help address affordable housing and housing stability. • By 2029, develop a deeper and more formalized collaboration on the next Housing Element through: o Combined outreach and engagement efforts o Hiring of shared consultants o Shared Housing Element components o A subregional approach to meeting the Regional Housing Need Allocation
10	Maintain and monitor effectiveness of local just cause for eviction regulations. Require rental property owners to provide relocation assistance to low-income tenants in no-fault evictions. Just Cause Eviction policies are intended to provide stability for households who rent by regulating the grounds for eviction, typically by prohibiting termination of a residential tenancy without an express and valid reason. These policies promote greater awareness of the rights and responsibilities of landlords and tenants and provide a clear and transparent process for evictions and lease terminations, particularly when rental agreements do not exist or lack specificity. Just Cause ordinances typically identify acceptable reasons that a landlord may terminate a tenancy “for cause” (e.g., failure to pay rent, nuisance behavior, etc.) as well as other reasons a landlord may terminate a tenancy (e.g., landlord is moving back into the unit, substantial remodels, unit removed from market). Just Cause ordinances retain the rights of landlords to terminate a lease for valid reasons but also help to prevent eviction of responsible tenants, providing them with greater security and stability. San Rafael adopted a Just Cause Ordinance in 2019. Later that year, the State adopted Just Cause regulations through AB 1482, but the City’s ordinance is broader than the State’s. State exemptions include single family homes, ADUs, duplexes in owner-occupied units, and units less than 15 years old. The City’s ordinance limits “no fault” evictions to demolition of the unit, permanent removal for rental use, landlord move-in (including family member) for at least a year, substantial rehabilitation for health and safety concerns, and tenant refusal to execute a lease. For units being permanently removed from the market, a 120-day notice to tenants is required. The City will work with tenants and landlords to ensure that no-fault just causes are not abused. Relocation Assistance Section 14.16.279 of the San Rafael Municipal Code requires that demolitions or renovations that permanently displace low-income tenants from their residences must provide relocation assistance to those tenants. Eligible tenants must receive at least 60 days notice to vacate, including information regarding their eligibility for relocation assistance based on their income. The current relocation allowance is two times monthly rent. In addition, as of March 2021, the City requires relocation assistance to all tenants in Census Tract 1122.01 (core Canal area) given the designation of this tract as a federal Opportunity Zone. This Census Tract is also an area of concentrated poverty; over 90 percent of its residents are lower income renters. The relocation assistance requirements apply regardless of household income in this zone and include supplements for families with children and elderly or disabled households. Residents evicted “for cause” are not eligible. To make this policy more comprehensive, the City would like to develop clearer parameters around buyout agreements, meaning an agreement between tenant and landlord to end a tenancy voluntarily in exchange for money or other consideration. While relocation assistance is an essential tenant protection strategy, it should be viewed as a “last resort” that should only be used when it is infeasible for tenants to remain in their existing housing. The City’s priority is to avoid displacement in the first place by helping tenants retain their housing.	• At least annually, meet with tenant advocacy organizations to understand issues and gaps. Maintain an open channel of communication. • Periodically (at least every three years), review and revise regulations as needed to ensure that they are achieving desired outcomes. The next evaluation will occur in 2023-2024, in tandem with Program 11: Tenant Protection Measures. The focus of the next evaluation will be to assess the need for: o additional relocation assistance and longer notice periods for seniors, persons with disabilities, households with school-aged children o increasing relocation payments to match current rental market conditions o increasing right-to-return protections, reducing incentives for Owner Move-In evictions, withdrawal from the rental market, and substantial remodels • Work with landlords to provide support for tenants in cases of “no fault” evictions, including through the City’s relocation assistance requirements. Relocation Assistance • In 2023, develop internal process and train staff across Building, Planning and Housing Divisions to implement the Opportunity Zone Relocation Assistance Ordinance adopted in 2021. • In 2023-2024, evaluate buyout practices and consider adjustments including but not limited to: o Develop noticing language that property owners are required to use when conducting a buyout to ensure clear communication and availability of Spanish translation. o Extend relocation assistance coverage to include buyouts, so that property owners are required to offer the same level of assistance to tenants they are trying to buy out voluntarily as they would for a nofault eviction. o Give tenants the right to rescind acceptance of a buyout offer for a specified time period after signing the agreement. • In 2024, consider expanding the Opportunity Zone Relocation Assistance to other census tracts in the city where the majority of tenants are low income, including 1122.02 (Canal) and 1082 (Terra Linda). • Periodically (at least every three years), evaluate the relocation assistance policies, including the payment amounts required, to determine if they are appropriate based on actual costs, displacement risks, and needs. • Analyze multi-family rental property ownership, including larger corporate owners and non-resident investors, to help shape and inform policies.
11	Tenant Protection Measures Evaluate existing and additional measures to protect tenants from eviction or the loss of housing due to economic or other factors. Implement new measures based on their viability and community feedback. Input received during the Housing Element Update indicated pervasive concerns about housing security among tenants, particularly in the Canal community. The 2023-2031 Housing Needs Assessment found that 29 percent of the city’s renters pay more than half of their incomes on housing. Among Latino households, that figure is 40 percent. Given the urgency of the issue, particularly in the City’s most vulnerable Census tracts 1122.01 (Opportunity Zone) and 1122.02, this program is a priority for the City in 2023-2024. Some of the feedback regarding housing security and tenant protections surfaced through the Canal Policy Working Group. This working group of City and County officials, staff and local nonprofit leaders was formulated during the COVID-19 pandemic to advance a coordinated response in the Canal neighborhood, which was disproportionately impacted by the pandemic. Following crisis response, the group continued to meet approximately monthly to discuss key issues affecting the Canal neighborhood. Housing has been the foremost topic. This group initiated the rent freeze adopted in the Canal neighborhood during the pandemic and continues to identify tenant protection issues and opportunities. Community-based organizations, workshop attendees, and those submitting comments online have asked that the City consider: • Further limits on allowable rent increases • A more objective definition of what constitutes a “nuisance” (for evictions with cause) • Measures to protect tenants from harassment by landlords • Stronger protection for tenants if they deduct necessary repairs from rent • A Tenant Commission, similar to other City Committees and Commissions • Eliminating the use of criminal history to deny someone access to rental housing • Requiring a 7-day warning letter prior to issuing a 3-day notice to pay or quit • Disallowing evictions due to sublets in cases where the tenant requested permission per the lease agreement and the number of occupants did not exceed allowable limits • Disallowing evictions when additional family members move into a unit, so long as the number of occupants does not exceed allowable limits • The needs of subletters or tenants who may not be named on lease agreements • Anti-retaliation measures, in cases where tenants have filed a complaint • Right to Counsel provisions, which provide legal assistance and support to lower-income tenants facing eviction. Such a program would be administered through a contract with a local fair housing or legal non-profit and would assist tenants with eviction defense services • Elimination of blanket “no pet” clauses from landlords and support of pet-friendly housing. • Adopting relocation requirements consistent with California relocation law for projects that are demolishing existing protected housing units, as defined by the Housing Crisis Act of 2019 (Government Code Section 66300, et seq.). A mandatory rental registry was also requested, including penalties for landlords who do not register. While the City currently does not have capacity to administer a rental registry on its own, the City would support and participate in a rental registry administered by the County, building on the City and County’s successful collaboration on other housing efforts. The County of Marin has a partial registry and its 2023-2031 Housing Element commits to expanding it to include all rental units in the unincorporated area. In May 2023, the Marin County Board of Supervisors received a presentation from Legal Aid on evictions in Marin County. Legal Aid provided several solutions the Board could consider, including fortification of the County’s existing rental registry and cross-jurisdictional collaboration. Several of the supervisors expressed interest in conducting a cost analysis and gauging other jurisdictions’ interest in a countywide approach. The City will work with the County to determine the feasibility of expanding the registry to cover San Rafael. In the event this is infeasible, the City will commit time and resources in 2024 and subsequent years to other potential strategies for tracking its rental housing supply. Many of the suggested measures would have financial implications for landlords and potentially impact the profitability of rental housing. As such, the City will consult with landlords and property owners as well as tenants and tenant groups as these proposals are evaluated. A balanced dialogue on the items listed above is important to arrive at workable solutions that consider potential costs to impacted property owners as well as the needs of tenants. The City will continue to develop positive relationships with housing providers and ensure that the perspectives of landlords and tenants are both considered as programs are developed. In addition, the City will implement provisions of the California Government Code that require replacement “in kind” of any housing units that are displaced by the redevelopment of nonvacant sites. This includes any housing site that currently has residential units or has had residential uses in the past five years, that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to lower-income households. It also includes any residential units that are (or were) occupied by low or very low income households. The number of affordable replacement units should be equal to or greater than the number displaced and rented at the same affordability level.	• In 2023, analyze and evaluate renter protections, including anti-displacement measures. Where possible, partner with the County, since County staff also have committed to undertake an evaluation of potential renter protection measures and can bring additional staff and funding resources to this effort. • Review existing tenant protection measures as a way to inform additional measures . o For example, request data from the County on the number of rent mediation cases and their outcomes. Based on evaluation, identify ways to improve the mandatory mediation program. • Research approaches by other cities to prevent displacement in Opportunity Zones. • In 2024, identify potential funding sources and timelines to support the actions identified by stakeholders. • Leverage housing grants (such as SB2 and LEAP) and other financial resources with the County of Marin and Marin Housing to support multi-jurisdictional efforts. • In 2023-2024, the City will convene a steering and advisory group consisting of residents, stakeholders, and members of protected classes to provide recommendations for consideration by the City Council. • In 2024-2025, implement some or all of the strategies explored based on the outcome of the feasibility evaluation.
12	Periodic Housing Inspection Program Continue and strengthen the Periodic Housing Inspection Program to ensure the safety and habitability of the rental housing stock. The Periodic Housing Inspection Program ensures that all residential rental properties with three or more units are safe and habitable and free of deterioration and blight. The program includes rotating inspections of rental housing units at least once every five years, with written notice provided to owners before each inspection. Code enforcement officers visit the property, conduct a thorough exterior and interior inspection, and advise the owner of any corrective actions that need to be taken. The inspectors look for unsanitary conditions, poor maintenance, deteriorated or defective features, lack of required light and ventilation, plumbing and electrical systems, as well as basic safety features (smoke detectors, etc.) Building owners are provided with an initial notice to take corrective action and code enforcement officers follow up to monitor progress. Failure to correct issues identified during inspection can result in fines and legal action.	• Continue to inspect each rental unit in San Rafael at least once every 5 years (applies to buildings with 3 units or more). Census data indicates there are 7,891 renteroccupied units in buildings with 3 or more units, which equates to a metric of inspecting an average of 1,578 units per year. • In 2023, Code Enforcement and Housing Divisions begin meeting at least quarterly to share information and review data. • In 2024, increase the frequency of inspections for properties that have more than one reported and verified violation in a year. • By 2025, evaluate program efficiency and effectiveness and develop recommendations.
13	Code Enforcement Program Provide effective code enforcement efforts in all neighborhoods to abate unsafe or unsanitary conditions. Organize service delivery around principles of equity and inclusion. San Rafael’s Code Enforcement Division works with the Building Division, the Fire Department, and other City departments to protect the health and safety of residents. The Division investigates violations of City and State codes and responds to complaints. Situations that pose a serious risk to health and safety receive top priority. Code Enforcement also identifies housing units created without permits or occupied in violation of San Rafael’s ordinances. Wherever feasible, the Division works to legalize these units and abate violations. The Code Enforcement and Building Divisions also provide information to the community in multiple languages, advising residents of who to contact if they wish to report potential violations.	• Starting in 2023, respond within two business days of receiving a complaint from a landlord or tenant. If necessary, schedule a site visit within two business days. • On an ongoing basis, seek to maintain staff in the Code Enforcement Division who speak Spanish, and support efforts by existing staff to learn Spanish. • By 2024, post information in English and Spanish in libraries and other public places, especially in the City’s lowest income census tracts, about how to reach Code Enforcement and the services they provide. • Pilot weekly walk-in hours in the Canal, possibly at nonprofit partners’ existing walk-in services, so that tenants can easily access code enforcement officers inperson to inquire about potential violations. • As part of quarterly Housing/Code Enforcement meetings, track and analyze the relationship between the abatement of violations and increased housing cost burdens, displacement of lower-income households, and co-develop prevention strategies.
14	Continue residential building inspections at the time of sale to ensure the safety and habitability of units. The RBR inspection is a local building permit records check and physical inspection that occurs when residential properties in San Rafael are sold. The City prepares a Residential Resale Report which lists all building permits on the property, any unpermitted construction, and any construction-related code enforcement issues. The purpose of the inspection is to verify that modifications are in conformance with State and local building codes and zoning ordinances, code enforcement actions, and were built with permits. Corrective action is prescribed as needed for unpermitted construction.	Continue residential building inspections at the time of sale to ensure the safety and habitability of units.
15A	Support lower income households in maintaining their homes and increase their ability to participate in and reap the benefits of housing sustainability initiatives. (A) Residential Rehabilitation Loan Program. The City has a Cooperative Agreement with the County of Marin to direct a portion of the City’s Community Development Block Grant (CDBG) funds to a designated contractor to provide property improvement loans and technical assistance to very low-income homeowners to make basic repairs and improvements to their homes. This program serves 12-15 homeowners annually, countywide. Last year, four of the 13 loan recipients were from San Rafael.	Annually: • Through the CDBG funding allocation process, continue to provide low-interest loans and technical assistance to qualified very low-income homeowners to make basic repairs, correct substandard conditions, and eliminate hazards around the home • Advertise funding opportunities through City communication channels • In 2023 and annually thereafter, notify community-based organizations, including those representing non-English speaking residents, and request that they promote the availability of these funds • Seek additional resources to supplement the funds available through CDBG
15B	(B) Reducing Energy-Related Expenses. San Rafael adopted its most recent Climate Change Action Plan (CCAP) in 2019. The Plan’s horizon year of 2030 aligns closely with the Housing Element horizon of 2031. Measures in the CCAP seek to reduce housing-related greenhouse gas emissions through energy efficiency upgrades (weatherization, replacing of inefficient appliances, green building techniques and materials, cool roofs and pavement, etc.), increased use of renewable energy (particularly solar power), and electrification of building systems and appliances to reduce the use of natural gas. In implementing CCAP measures, the City will seek to: o reduce household energy costs, providing more disposable income for housing o minimize the burden of energy upgrades, particularly for lower income households o improve health by reducing the use of natural gas in households o increase access to the benefits of new technologies, such as electric appliances and athome charging for electric vehicles, including EV charging in new and existing apartment buildings	• Develop REACH codes for electrification that minimize burden on lower income households • Continue participation in programs that reduce the costs of improvements for lower income homeowners, and multifamily property owners and renters, such as free energy audits and government and utility rebates. • Accelerate installation of residential solar energy systems, including through financing and loan programs such as Property Assessed Clean Energy (PACE) and California Hub for Energy Efficiency Financing (CHEEF). • Encourage the participation of lower-income owners and renters in programs that reduce home energy costs for lower income customers, including programs developed by Pacific Gas & Electric (PG&E) and Marin Clean Energy (MCE). o By 2024, develop an informational flyer and post in libraries, recreation centers, and in multifamily apartment buildings annually. o By 2024, Sustainability Division and Community Development Department partner to train staff on available programs. • Consider establishment of low interest loans and/or fee waivers
16	Increase funding for affordable housing through the City’s Affordable Housing Trust Fund and other sources. The City collects “linkage” fees from non-residential development and in-lieu fees from residential development in a fund used to increase the supply of affordable housing in the city. The funds are typically used to leverage outside funds to maximize the number and affordability of units provided. Priority for funding through the Affordable Housing Trust Fund is for new construction of affordable housing. However, funding may also include acquisition and rehabilitation of existing affordable housing on a case-by-case basis. Pursuant to State Law, the City dedicates a portion of its in-lieu fees to housing for extremely low- and very low-income households. In 2022, the City awarded $2.6 million from its Affordable Housing Trust Fund to fund four affordable housing projects. The prior year, the City awarded $1.6 million from the Trust Fund for affordable family rental housing. On April 10, 2023, the City announced the availability of an additional $1.4 million for the preservation or production of affordable housing. The City will continue to issue Notices of Funding Availability (NOFAs) as the Trust Fund is replenished to give service providers and local non-profits the opportunity to apply for funds supporting affordable housing development or housing services. As noted above, the City has used Affordable Housing Trust and CDBG funds in the past to fund acquisition and rehabilitation and will continue to seek opportunities to do so. The City is willing and eager to work with other agencies to secure funding for preservation. It supports changes to State law which allow the acquisition and rehabilitation of housing to be credited toward RHNA, thus recognizing the essential value of such projects to preventing displacement and expanding the State’s inventory of affordable housing units.	Preservation • In 2023, support local application for ABAG Bay Area Housing Finance Agency’s (BAHFA) Preservation Pilot Funding. • In 2024, identify ways to strengthen the City’s ability to respond quickly to preservation/rehabilitation opportunities in the housing market. Affordable Housing Trust Fund • In April 2023, issue a Notice of Funding Availability (NOFA) for $1.4 million for the preservation and production of affordable rental housing (achieved) • By 2031, issue at least three additional NOFAs from the Affordable Housing Trust Fund totaling at least $3 million. • By 2031, contribute local funding towards at least 150 units of housing for lower income households. Federal CDBG and HOME Funding • Identify San Rafael projects, especially multi-family housing projects and housing projects in the Canal neighborhood, that align well with funding priorities for federal CDBG and HOME programs and encourage developers to apply through the County-issued NOFA process. • Coordinate with the County to strategically leverage dollars and to ensure logical timing across funding opportunities. Additional Sources • Work with community-based organizations, the County of Marin, philanthropy, and other jurisdictions to identify and pursue funds for affordable housing, including preservation. By 2031, secure grants totaling at least $500,000 for housing-related services. • Encourage cooperative and joint ventures between property owners, developers, and nonprofits by coordinating applications for State and federal grants and subsidies as well as providing technical assistance and processing for funding applications. • When appropriate, prepare letters of support and serve as a co-applicant for project funding. • Explore potential additional sources of revenue, such as a dedicated percentage of the Transient Occupancy Tax, in the event future assessment districts are created, regional sales tax measures, and a vacancy tax.
17	Development Maintain affordable housing requirements for market-rate residential and commercial developments. Monitor the effectiveness of the City’s affordable housing policy and periodically revise to reflect changing housing market conditions. San Rafael has had an affordable housing ordinance since 1986. The Ordinance requires market-rate projects to set aside a percentage of housing units as affordable (below market rate or “BMR”), pay an in-lieu fee, or donate land to the City. In 2021, the City Council adopted revisions to the ordinance as part of a larger effort to remove barriers to housing production. With the 2021 amendments, the affordability percentage requirements were reduced from 20 percent to 10 percent and additional flexibility was provided to meet the requirement, with the goal of increasing the volume of projects proposed and completed. At the time of the reduction, the City agreed to revisit the ordinance in three years to evaluate the success of the changes in increasing housing production, increased funding into the affordable housing trust fund and to determine whether further adjustments are needed. The economic impact of the BMR percentage is sensitive to changes in market demand as well as factors such as construction costs and labor, so periodic re-evaluations are important. The City also charges a commercial linkage fee, which is a type of impact fee that charges new commercial development for its role in creating new demand for affordable housing for new worker households.	• In 2023, adopt updated commercial linkage fees that align with other jurisdictions in the County. • By 2024, evaluate the success of the policy changes for residential projects and propose adjustments as needed. • By 2031, produce at least 320 BMR units (10% of RHNA) through the inclusion of affordable units in market-rate projects.
18	Apply for designation as a “Pro-Housing City” by the State of California. The State Department of Housing and Community Development (HCD) recently created the “Pro-Housing Designation” to give certain jurisdictions an edge when it comes to applying and competing for affordable housing funding. These cities get “bonus points” when applying for Affordable Housing and Sustainable Communities grants, Infill Infrastructure Grants, and Transformative Climate Communities grants, among others. Eligible jurisdictions must score at least one point in four categories, including zoning and land use, accelerating production, reducing construction and development costs, and providing financial subsidies. The City is committed to meeting the housing needs of its residents, affirmatively furthering fair housing, and overcoming the obstacles that have impeded housing development in the past. The City is one of only two Marin County jurisdictions that did not appeal its RHNA and recently adopted a General Plan enabling more than 4,400 units of new housing.	In 2023, apply for HCD’s Pro-Housing City designation and associated financial benefits.
19	Develop an official City process for developing housing in air rights on municipally-owned sites, including Downtown municipal parking lots. The process should support and promote public-private partnership opportunities that result in new housing on these sites. In 2019, the City completed a study of opportunities for air rights development in Downtown San Rafael. The specific focus was the feasibility of public private partnerships to enable the development of multi-story housing with ground level municipal parking on surface parking lots owned and operated by the City of San Rafael. The idea is to find partnership opportunities that retain or expand Downtown’s parking inventory, while making more efficient use of the air rights above these lots. Seven City-owned sites were studied, including six parking lots and a former temporary fire station. The study assumed 100% affordable housing on each site, with land deeded to the developer at no cost. Housing was determined to be economically viable on all sites. In 2021, the City adopted a Downtown Precise Plan that eliminated caps on density in the downtown in an effort to remove barriers to housing production. With the completion of the DPP, the potential for housing yields on sites within the downtown are higher and housing should be even more viable. The City will proceed with a pilot program for at least two sites by 2028, with the remaining sites to follow in 2029-2030. All vacant City-owned Downtown sites and municipal parking lots should be considered. This program shall be implemented in a manner that is consistent with HCD’s April 2021 Surplus Land Guidelines and that complies with the Surplus Lands Act. Specific actions are included below.	• By 2027, prepare a Downtown Air Rights Strategic Plan that prioritizes housing for extremely low income and special needs households, and partner with non-profits and affordable housing developers to determine how to maximize the benefits for San Rafael community members. • Based on the findings and recommendations, undertake the following pilot program by 2028 for at least two of the municipal parking sites: o Issue an RFP to prospective developers and provide outreach to nonprofits who may be interested in developing housing on the sites o Provide site-specific development incentives for the sites and priority development processing o As feasible, consider financial assistance or cosponsorship of grant applications with interested parties • Pursue marketing of the remaining Downtown municipal sites in 2029-2030, incorporating lessons learned from the pilot program. • By 2030, reach out to the owners of large private parking lots in Downtown who may be interested in joint development to explore opportunities to produce housing, commercial space, civic facilities, and/or privately owned parking available for public use.

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ACTIONS

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Create a Housing and Homelessness Division within the Community Development Department. The City has already begun implementation of this program, and created a Housing and Homeless Division in January 2023. An Assistant Director has been hired. Recognizing the interrelatedness of housing, homelessness, and the need for supportive services, the Division will: • Develop and implement policies and programs that are responsive to community needs, • Pursue funding and grant opportunities, • Work collaboratively with the County and non-profit sector, • Provide low interest loans, grants and technical assistance to increase the supply of affordable housing, preserve existing affordable housing, and reduce the number of people experiencing homelessness. The Division will seek to increase housing resources for San Rafael residents and employers, and to develop and implement effective solutions to homelessness in San Rafael

• In January 2023, the City hired an Assistant Director of Housing and Homelessness to lead the division • In 2023, hire additional staff position to support the work (underway) • In 2024, develop mid- to long-range metrics for team success, including a plan for reduction in number of unhoused residents by 50% by 2031, as reported by the annual point-in-time count • Beginning in 2023, meet and consult at least quarterly with the Mental Health Liaison and other key personnel in the San Rafael Police Department to better understand barriers to housing and develop specific policy and program solutions to address them.

Expand housing resources and supportive services for extremely low income households. Most of the City’s housing programs are targeted toward Very Low-, Low-, and ModerateIncome households. However, because the areawide median income in Marin County is very high ($166,000 annually for a household of four), the income ranges for these groups often result in inadequate provisions for “extremely low” income households. These households are defined as earning 30 percent or less of areawide median. A household of four earning $55,900 is considered extremely low income. Housing options for individuals and families with incomes below this threshold are very limited, yet this group faces the largest affordability gap and highest percentage of housing cost burden, eviction, and displacement. Some of these households may be at risk of becoming homeless, while others may be living in overcrowded conditions. The intent of this program is to provide additional resources for extremely lowincome households.

• In 2023, research best practices and develop a strategy to create interim housing with a strong service component to assist individuals to take steps towards stable housing. The City has already initiated this action, including a January 2023 City Council study session on interim housing where staff provided an overview, examples, and available funding sources for a pilot. Council directed staff to proceed with deeper research addressing questions raised by Council during the session. Staff has since hired a consultant with the expertise and experience to support research and a strategy. • In 2023, identify site for interim housing pilot project, to be completed with State grants in partnership with community partners • In 2024, install interim housing units • In 2025, amend Title 14 of the San Rafael Municipal Code to include a definition of Single Room Occupancy (SRO) hotels separate from “boarding houses”. Identify zones where SROs are permitted and/or conditionally permitted, including performance standards to expedite processing and allow for by-right approval in at least one zone. By 2031, create housing for an additional 428 extremely low income households (RHNA target) by: • Prioritizing City funds for developments that include housing units reserved for those earning 30% of median income as well those earning 50%, 60% and 80% of median income, and especially for those that include a supportive services component • Working with housing advocates and community-based organizations, and collaborating with the County and philanthropy to determine the most effective ways to meet the needs of extremely low-income households • Working with the faith-based community to deliver housing and emergency services to families and individuals at risk of losing their housing • Advocating for an increase in the number of tenantbased Section 8 Housing Choice Vouchers, and vouchers for families, seniors and disabled residents available to persons who live or work in San Rafael and encouraging housing providers, landlords and property managers to proactively participate in the Housing Choice Voucher program. • Allowing and promoting housing types that may be more affordable to extremely low- income households, such as SROs, ADUs, tiny homes and manufactured housing.

Continue to actively seek funding for strategies that prevent homelessness and help San Rafael residents experiencing homelessness in securing a place to live and access to the services they require. In collaboration with local nonprofits and the County of Marin, the City’s recent major funding accomplishments include: • Awarding funding through the City’s Affordable Housing Trust Fund for the conversion of an office building at 3301 Kerner Boulevard into supportive housing through Project HomeKey, • Awarding funding through the City’s Affordable Housing Trust Fund for the development of a new emergency shelter and transitional housing at 190 Mill Street, • Securing grant funding ($522K) for Intensive Case Management to help in housing placement through the State’s Encampment Resolution Fund, and • Allocating funding ($260K) to a regional Intensive Case Management effort involving contributions from all the jurisdictions in Marin. During the height of the COVID-19 pandemic, the City of San Rafael partnered with Caltrans, the County of Marin, CHP, and multiple service organizations to provide enhanced services for individuals experiencing homelessness through the creation of a designated “service support area” (SSA). This designated space provided security, restrooms, handwashing stations, garbage pick-up, regular outreach and service referrals, and other quality of life amenities. It also allowed for the continuing of work with local partners to identify permanent paths to housing. The SSA location closed in late summer 2022; the lessons learned will inform the Interim Housing Unit project and other City approaches moving forward. The City will continue to partner with Marin County and local social service and nonprofit organizations to develop compassionate, effective solutions to homelessness and increase housing and supportive service options for its residents. The City is supporting efforts by the County to continue Project HomeKey acquisitions, expand case management and behavioral health services, utilize funding to prevent homelessness through acquisition of existing affordable housing, and provide additional resources to keep residents of San Rafael and Marin County housed.

• In 2023, document learnings from the Downtown Service Support Area for unhoused residents to inform future funding proposals, and long and short-term strategies for temporary housing. • By 2031, seek at least one million dollars in funding through grants or other sources for homelessness prevention, including case management and housing. Work on this action has already begun—in February 2023, the City applied for $250,000 in Encampment Resolution Round 2 Funding—primarily for case management.

Provide emergency shelter capacity sufficient to meet local needs. Emergency shelters are permitted with a conditional use permit in several commercial and industrial zoning districts, in the Downtown Mixed Use district, and in the public/quasi-public district. They are permitted “by right” in a geographic area that includes General Commercial and Light Industrial/Office zoned properties in southeast San Rafael (generally south of Bellam and north/east of I-580). Section 14.16.115 of the San Rafael Zoning Code identifies performance standards for shelters in these areas. It also establishes requirements for management plans, including measures to encourage positive relations with neighborhoods and nearby uses, and outreach and communication to neighborhoods. The zoning code differentiates between “temporary” shelters, which may be movable and developed in response to natural disasters and emergencies, and “permanent” shelters which involve greater fixed investments As noted above, the City of San Rafael contributed over $1 million for emergency shelter rooms at 190 Mill Street in addition to permanent supportive housing units incorporated into the same project. The City is committed to funding and pursuing funding opportunities for similar projects in the future. As indicated in Chapter 5 (Section 5.8), the City will amend the parking standards for shelters as required by AB 139.

• On an ongoing basis, monitor temporary and permanent shelter capacity in relation to biannual point-in-time count to ensure sufficient shelter capacity to meet the needs of San Rafael’s population. • Seek funding to continue to sponsor or assist in the development of emergency shelter facilities, including supporting such facilities through grants or loans to service providers. • In 2024, amend Sec. 14.18.040 of the Municipal Code to eliminate parking requirements based on the number of shelter beds. Parking may only be required based on the number of employees. • In 2024, amend Sec. 14.16.115 of the Municipal Code to allow emergency shelters “by right” in at least one other area outside the 70-acre area shown on Map 14.16.115 in the Municipal Code. As required by AB 2339, the additional area should be a location where other residential uses are allowed “by right.” The City will also monitor the supply of sites in areas where shelters are allowed by right to ensure that sufficient capacity to accommodate the need for shelter beds is maintained throughout the planning period.

Expand awareness of housing laws, programs, and resources provided by the City and by other agencies and organizations through a comprehensive, multi-lingual community outreach and engagement initiative. The City will take a more proactive approach to fair housing, including community-wide education on fair housing laws and greater awareness of past lending and real estate practices. An example is the City’s participation in the Marin County Restrictive Covenant project, an effort to inform and educate residents of the history and significance of government policies that were intentionally discriminatory and helped create segregated communities in Marin. Examples of policies and programs to be highlighted include: • Rent Mediation and Tenant Protection Act of 2019. Increase awareness of the statewide limits on rent increases instituted by Assembly Bill 1482, as well as the local mediation program for rent increases greater than 5%. • Source of Income Discrimination. Educate and engage landlords, property managers, tenants and non-profit organizations on tenants’ rights related to housing vouchers and local and state laws prohibiting source of income discrimination. • Home Sharing. Support home sharing as one way to use the existing housing stock more efficiently, create more affordable room rental options, and generate additional income and security for homeowners living alone. Other outreach topics include tenants’ rights, fair housing, home repair grants, first-time homebuyer opportunities, reduced utility costs for lower income households, housing choice vouchers, local BMR and affordable housing opportunities, code enforcement, and housing assistance, such as emergency loans and grants and credit counseling. Cross-Departmental Housing Capacity. As part of public engagement efforts around housing, housing staff will seek to increase non-housing staff’s basic knowledge and capacity to refer community members to appropriate resources. We will work towards a “no-wrong-door” practice so that a community member who interfaces with any City department is smoothly referred to housing staff or appropriate nonprofit partners. Training will include topics such as: accessing legal assistance for renters, filing a complaint with code enforcement, and resources for community members who are unhoused.

• Annually, update the Division’s existing resource handout in Spanish and English that includes community services such as legal assistance for renters and rental assistance. Make additions based on frequent inquiries. • Annually, attend at least 6 community events (e.g., farmers markets, recreational events, City-sponsored fairs and festivals). Prioritize events with residents who may be in the greatest need of housing-related services. • In 2023, revise City “Notice of Tenant Rights” that landlords are required to provide to new tenants as part of the City’s mandatory mediation program. In addition to describing how to request mediation, expand notice to include information on allowable rent increases, just cause for eviction regulations, and links to fair housing and civil rights resources – including ADA and reasonable accommodation requirements. • Beginning in 2023, work with FHANC to co-sponsor Fair Housing Workshops. This action is underway, as City staff met with FHANC in April 2023 to discuss options for workshops and staff education. Expand fair housing outreach to include training and education for Homeowners Associations, neighborhood groups, civic groups, realtors, brokers, City staff, and other groups that have historically not received this training. • In 2023, present “Housing 101” during CDD staff meeting, inviting front/desk reception staff from City Manager’s Office and other departments to attend. • In 2023, gauge interest from field staff in Library and Recreation, Police and Fire, Public Works in wallet insert on housing/homelessness basic referral guidance. Ask other departments what info would be most helpful, including frequently asked questions. • At least annually, post written information on tenants’ rights and fair housing law, including agencies and service providers, in English and Spanish at various places such as City Hall, public libraries, community centers, and multi-family housing developments. Share written materials with community-based organizations to extend the City’s reach. Website • In 2023, expand website resources related to fair housing and tenant rights. Seek to make webpages more readable and engaging by reducing text, simplifying language and, when possible, using other communication tools such as “how to” videos and infographics. • In 2023, better articulate on the City website what housing services the City provides to help community members understand how housing services are delivered and what resources they may access. • In 2023, provide links on the City website to home sharing service providers and encourage residents to participate. Explore providing a method for sharing the information as part of City business licenses.

As part of the Cooperative Agreement with the County on CDBG funding, direct a portion of the City’s allocation to a local fair housing assistance program. San Rafael currently provides funding to Fair Housing Advocates of Northern California (FHANC) to support comprehensive fair housing counseling, complaint investigation, and assistance in filing housing discrimination complaints. FHANC offers workshops to tenants on their rights and responsibilities under fair housing law. They provide specialized resources for people with disabilities, seniors, LGBTQ residents, victims of domestic violence, Section 8 voucher holders, and non-English speaking residents. FHANC works with other Marin County service providers to conduct outreach, provide fair housing audits, and assist tenants in completing necessary forms and finding legal representation. FHANC’s most recent Fair Housing Audit of North Bay jurisdictions (August 2022) found that discrimination against people of color in Marin County is still significant.

On an ongoing basis, continue to direct CDBG funds to administer a fair housing program, including counseling, complaint investigation, technical assistance, enforcement, and testing.

Affirmatively market local affordable housing opportunities to include groups that have historically been disadvantaged in the local housing market. An affirmative marketing plan includes proactive measures aimed at reversing historical trends and discriminatory patterns in the housing market. This includes targeting specific groups who have been under-served by the current housing market. It also includes making a good faith effort to inform these groups of local affordable housing opportunities. This can be done through advertising (including advertising in Spanish), marketing, and developing media that can be distributed to these groups. HUD has developed specific guidelines for affirmative marketing. Affirmative marketing should be used for local below market rate (BMR) for-sale and for-rent units, as well as local senior and affordable housing developments. It reaches those who work in San Rafael as well as those who live here. This program seeks to reduce housing cost burden for minority racial and ethnic groups in San Rafael and to create additional affordable housing opportunities for the local workforce.

• Whenever a Notice of Funding Availability is released for the City’s Affordable Housing Trust Fund, continue to require applicants to submit an Affirmative Action Marketing Plan as part of the application. • For developments receiving awards from the City’s Affordable Housing Trust Fund, continue to require project demographics and affirmative marketing plans as part of annual reporting. • In 2023, identify a contractor to administer the BMR rental program with expertise in affirmative marketing who can support marketing of inclusionary housing units in marketrate developments, including in Spanish.

Undertake a capacity-building and educational program designed to increase understanding of the housing system by the City’s Latinx community. The intent of this program is to convene a series of Spanish-language meetings/workshops that engage representatives of the City’s Latinx community in conversations about housing needs, resources, plans, and priorities, and to develop an ongoing relationship between the City and community-based organizations. These workshops are part of a larger effort to equitably allocate the City’s resources and improve access to safe, affordable housing among residents who may be unaware of existing resources today. The workshops will build on previous sessions that were well-received.

• In late 2023 and 2024, complete series of six capacitybuilding meetings on housing. The City has been working with a consultant to define the scope and format of these meetings. • In 2024, develop strategies to sustain momentum and communication on an ongoing basis. • Incorporate what City staff learns about housing needs and community engagement into City policies and practices.

Collaborate with Marin County, cities and towns to address regional planning and housing issues. Remain open to alignment on programs to increase housing supply and further fair housing. The City has long participated in housing collaboration with the County and other cities and towns, and in 2019, City staff joined a countywide working group of Planning Directors and planning staff to encourage interjurisdictional collaboration on housing issues and solutions, with a specific focus on responding to new state legislation to streamline housing developments. The working group established common goals and coordinated on housing legislation, planning, production, and preservation of existing affordability. The working group meets once monthly and has evolved from briefings and discussions regarding state housing legislation into collaboration on projects to facilitate the development of more housing in Marin County. The group received funds from ABAG to work collaboratively on shared Housing Element deliverables including translation dollars, Affirmatively Furthering Fair Housing products, visualizations, and a countywide website. In late 2022, the City participated in a multijurisdictional study (including the County and five other cities) to update affordable housing inlieu fees, leading to a fee update in December 2022. The City intends to expand and strengthen coordination with the County and other cities and towns on housing policy and funding, with the goal of increasing affordable housing countywide. Given the County’s greater funding and staffing resources, the City will work with the County to supplement local resources and implement multi-jurisdictional programs where feasible.

• Continue to prioritize staff attendance at interjurisdictional collaboration meetings on an ongoing basis. • In 2023, work with other Marin jurisdictions to establish more consistent commercial linkage fees. • Hold a public hearing annually to report on progress to the City Council and report to the State through the Annual Progress Report (Program 23). • Collaborate on 2023-2031 Housing Element program implementation, especially programs related to Affirmatively Furthering Fair Housing and tenant protections, including by developing shared ordinance templates and conducting shared outreach and community engagement. • Continue to collaborate as part of the Marin County entitlement community on using Community Development Block Grant CDBG funds to fund affordable housing and leverage other State and Federal Sources. • Continue to collaborate as an entitlement community to use Permanent Local Housing Allocation (PLHA) funds on housing-related projects and programs that assist in addressing the unmet housing needs of our local communities. • Actively participate and support the efforts of BAHFA to raise funds to help address affordable housing and housing stability. • By 2029, develop a deeper and more formalized collaboration on the next Housing Element through: o Combined outreach and engagement efforts o Hiring of shared consultants o Shared Housing Element components o A subregional approach to meeting the Regional Housing Need Allocation

Maintain and monitor effectiveness of local just cause for eviction regulations. Require rental property owners to provide relocation assistance to low-income tenants in no-fault evictions. Just Cause Eviction policies are intended to provide stability for households who rent by regulating the grounds for eviction, typically by prohibiting termination of a residential tenancy without an express and valid reason. These policies promote greater awareness of the rights and responsibilities of landlords and tenants and provide a clear and transparent process for evictions and lease terminations, particularly when rental agreements do not exist or lack specificity. Just Cause ordinances typically identify acceptable reasons that a landlord may terminate a tenancy “for cause” (e.g., failure to pay rent, nuisance behavior, etc.) as well as other reasons a landlord may terminate a tenancy (e.g., landlord is moving back into the unit, substantial remodels, unit removed from market). Just Cause ordinances retain the rights of landlords to terminate a lease for valid reasons but also help to prevent eviction of responsible tenants, providing them with greater security and stability. San Rafael adopted a Just Cause Ordinance in 2019. Later that year, the State adopted Just Cause regulations through AB 1482, but the City’s ordinance is broader than the State’s. State exemptions include single family homes, ADUs, duplexes in owner-occupied units, and units less than 15 years old. The City’s ordinance limits “no fault” evictions to demolition of the unit, permanent removal for rental use, landlord move-in (including family member) for at least a year, substantial rehabilitation for health and safety concerns, and tenant refusal to execute a lease. For units being permanently removed from the market, a 120-day notice to tenants is required. The City will work with tenants and landlords to ensure that no-fault just causes are not abused. Relocation Assistance Section 14.16.279 of the San Rafael Municipal Code requires that demolitions or renovations that permanently displace low-income tenants from their residences must provide relocation assistance to those tenants. Eligible tenants must receive at least 60 days notice to vacate, including information regarding their eligibility for relocation assistance based on their income. The current relocation allowance is two times monthly rent. In addition, as of March 2021, the City requires relocation assistance to all tenants in Census Tract 1122.01 (core Canal area) given the designation of this tract as a federal Opportunity Zone. This Census Tract is also an area of concentrated poverty; over 90 percent of its residents are lower income renters. The relocation assistance requirements apply regardless of household income in this zone and include supplements for families with children and elderly or disabled households. Residents evicted “for cause” are not eligible. To make this policy more comprehensive, the City would like to develop clearer parameters around buyout agreements, meaning an agreement between tenant and landlord to end a tenancy voluntarily in exchange for money or other consideration. While relocation assistance is an essential tenant protection strategy, it should be viewed as a “last resort” that should only be used when it is infeasible for tenants to remain in their existing housing. The City’s priority is to avoid displacement in the first place by helping tenants retain their housing.

• At least annually, meet with tenant advocacy organizations to understand issues and gaps. Maintain an open channel of communication. • Periodically (at least every three years), review and revise regulations as needed to ensure that they are achieving desired outcomes. The next evaluation will occur in 2023-2024, in tandem with Program 11: Tenant Protection Measures. The focus of the next evaluation will be to assess the need for: o additional relocation assistance and longer notice periods for seniors, persons with disabilities, households with school-aged children o increasing relocation payments to match current rental market conditions o increasing right-to-return protections, reducing incentives for Owner Move-In evictions, withdrawal from the rental market, and substantial remodels • Work with landlords to provide support for tenants in cases of “no fault” evictions, including through the City’s relocation assistance requirements. Relocation Assistance • In 2023, develop internal process and train staff across Building, Planning and Housing Divisions to implement the Opportunity Zone Relocation Assistance Ordinance adopted in 2021. • In 2023-2024, evaluate buyout practices and consider adjustments including but not limited to: o Develop noticing language that property owners are required to use when conducting a buyout to ensure clear communication and availability of Spanish translation. o Extend relocation assistance coverage to include buyouts, so that property owners are required to offer the same level of assistance to tenants they are trying to buy out voluntarily as they would for a nofault eviction. o Give tenants the right to rescind acceptance of a buyout offer for a specified time period after signing the agreement. • In 2024, consider expanding the Opportunity Zone Relocation Assistance to other census tracts in the city where the majority of tenants are low income, including 1122.02 (Canal) and 1082 (Terra Linda). • Periodically (at least every three years), evaluate the relocation assistance policies, including the payment amounts required, to determine if they are appropriate based on actual costs, displacement risks, and needs. • Analyze multi-family rental property ownership, including larger corporate owners and non-resident investors, to help shape and inform policies.

Tenant Protection Measures Evaluate existing and additional measures to protect tenants from eviction or the loss of housing due to economic or other factors. Implement new measures based on their viability and community feedback. Input received during the Housing Element Update indicated pervasive concerns about housing security among tenants, particularly in the Canal community. The 2023-2031 Housing Needs Assessment found that 29 percent of the city’s renters pay more than half of their incomes on housing. Among Latino households, that figure is 40 percent. Given the urgency of the issue, particularly in the City’s most vulnerable Census tracts 1122.01 (Opportunity Zone) and 1122.02, this program is a priority for the City in 2023-2024. Some of the feedback regarding housing security and tenant protections surfaced through the Canal Policy Working Group. This working group of City and County officials, staff and local nonprofit leaders was formulated during the COVID-19 pandemic to advance a coordinated response in the Canal neighborhood, which was disproportionately impacted by the pandemic. Following crisis response, the group continued to meet approximately monthly to discuss key issues affecting the Canal neighborhood. Housing has been the foremost topic. This group initiated the rent freeze adopted in the Canal neighborhood during the pandemic and continues to identify tenant protection issues and opportunities. Community-based organizations, workshop attendees, and those submitting comments online have asked that the City consider: • Further limits on allowable rent increases • A more objective definition of what constitutes a “nuisance” (for evictions with cause) • Measures to protect tenants from harassment by landlords • Stronger protection for tenants if they deduct necessary repairs from rent • A Tenant Commission, similar to other City Committees and Commissions • Eliminating the use of criminal history to deny someone access to rental housing • Requiring a 7-day warning letter prior to issuing a 3-day notice to pay or quit • Disallowing evictions due to sublets in cases where the tenant requested permission per the lease agreement and the number of occupants did not exceed allowable limits • Disallowing evictions when additional family members move into a unit, so long as the number of occupants does not exceed allowable limits • The needs of subletters or tenants who may not be named on lease agreements • Anti-retaliation measures, in cases where tenants have filed a complaint • Right to Counsel provisions, which provide legal assistance and support to lower-income tenants facing eviction. Such a program would be administered through a contract with a local fair housing or legal non-profit and would assist tenants with eviction defense services • Elimination of blanket “no pet” clauses from landlords and support of pet-friendly housing. • Adopting relocation requirements consistent with California relocation law for projects that are demolishing existing protected housing units, as defined by the Housing Crisis Act of 2019 (Government Code Section 66300, et seq.). A mandatory rental registry was also requested, including penalties for landlords who do not register. While the City currently does not have capacity to administer a rental registry on its own, the City would support and participate in a rental registry administered by the County, building on the City and County’s successful collaboration on other housing efforts. The County of Marin has a partial registry and its 2023-2031 Housing Element commits to expanding it to include all rental units in the unincorporated area. In May 2023, the Marin County Board of Supervisors received a presentation from Legal Aid on evictions in Marin County. Legal Aid provided several solutions the Board could consider, including fortification of the County’s existing rental registry and cross-jurisdictional collaboration. Several of the supervisors expressed interest in conducting a cost analysis and gauging other jurisdictions’ interest in a countywide approach. The City will work with the County to determine the feasibility of expanding the registry to cover San Rafael. In the event this is infeasible, the City will commit time and resources in 2024 and subsequent years to other potential strategies for tracking its rental housing supply. Many of the suggested measures would have financial implications for landlords and potentially impact the profitability of rental housing. As such, the City will consult with landlords and property owners as well as tenants and tenant groups as these proposals are evaluated. A balanced dialogue on the items listed above is important to arrive at workable solutions that consider potential costs to impacted property owners as well as the needs of tenants. The City will continue to develop positive relationships with housing providers and ensure that the perspectives of landlords and tenants are both considered as programs are developed. In addition, the City will implement provisions of the California Government Code that require replacement “in kind” of any housing units that are displaced by the redevelopment of nonvacant sites. This includes any housing site that currently has residential units or has had residential uses in the past five years, that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to lower-income households. It also includes any residential units that are (or were) occupied by low or very low income households. The number of affordable replacement units should be equal to or greater than the number displaced and rented at the same affordability level.

• In 2023, analyze and evaluate renter protections, including anti-displacement measures. Where possible, partner with the County, since County staff also have committed to undertake an evaluation of potential renter protection measures and can bring additional staff and funding resources to this effort. • Review existing tenant protection measures as a way to inform additional measures . o For example, request data from the County on the number of rent mediation cases and their outcomes. Based on evaluation, identify ways to improve the mandatory mediation program. • Research approaches by other cities to prevent displacement in Opportunity Zones. • In 2024, identify potential funding sources and timelines to support the actions identified by stakeholders. • Leverage housing grants (such as SB2 and LEAP) and other financial resources with the County of Marin and Marin Housing to support multi-jurisdictional efforts. • In 2023-2024, the City will convene a steering and advisory group consisting of residents, stakeholders, and members of protected classes to provide recommendations for consideration by the City Council. • In 2024-2025, implement some or all of the strategies explored based on the outcome of the feasibility evaluation.

Periodic Housing Inspection Program Continue and strengthen the Periodic Housing Inspection Program to ensure the safety and habitability of the rental housing stock. The Periodic Housing Inspection Program ensures that all residential rental properties with three or more units are safe and habitable and free of deterioration and blight. The program includes rotating inspections of rental housing units at least once every five years, with written notice provided to owners before each inspection. Code enforcement officers visit the property, conduct a thorough exterior and interior inspection, and advise the owner of any corrective actions that need to be taken. The inspectors look for unsanitary conditions, poor maintenance, deteriorated or defective features, lack of required light and ventilation, plumbing and electrical systems, as well as basic safety features (smoke detectors, etc.) Building owners are provided with an initial notice to take corrective action and code enforcement officers follow up to monitor progress. Failure to correct issues identified during inspection can result in fines and legal action.

• Continue to inspect each rental unit in San Rafael at least once every 5 years (applies to buildings with 3 units or more). Census data indicates there are 7,891 renteroccupied units in buildings with 3 or more units, which equates to a metric of inspecting an average of 1,578 units per year. • In 2023, Code Enforcement and Housing Divisions begin meeting at least quarterly to share information and review data. • In 2024, increase the frequency of inspections for properties that have more than one reported and verified violation in a year. • By 2025, evaluate program efficiency and effectiveness and develop recommendations.

Code Enforcement Program Provide effective code enforcement efforts in all neighborhoods to abate unsafe or unsanitary conditions. Organize service delivery around principles of equity and inclusion. San Rafael’s Code Enforcement Division works with the Building Division, the Fire Department, and other City departments to protect the health and safety of residents. The Division investigates violations of City and State codes and responds to complaints. Situations that pose a serious risk to health and safety receive top priority. Code Enforcement also identifies housing units created without permits or occupied in violation of San Rafael’s ordinances. Wherever feasible, the Division works to legalize these units and abate violations. The Code Enforcement and Building Divisions also provide information to the community in multiple languages, advising residents of who to contact if they wish to report potential violations.

• Starting in 2023, respond within two business days of receiving a complaint from a landlord or tenant. If necessary, schedule a site visit within two business days. • On an ongoing basis, seek to maintain staff in the Code Enforcement Division who speak Spanish, and support efforts by existing staff to learn Spanish. • By 2024, post information in English and Spanish in libraries and other public places, especially in the City’s lowest income census tracts, about how to reach Code Enforcement and the services they provide. • Pilot weekly walk-in hours in the Canal, possibly at nonprofit partners’ existing walk-in services, so that tenants can easily access code enforcement officers inperson to inquire about potential violations. • As part of quarterly Housing/Code Enforcement meetings, track and analyze the relationship between the abatement of violations and increased housing cost burdens, displacement of lower-income households, and co-develop prevention strategies.

Continue residential building inspections at the time of sale to ensure the safety and habitability of units. The RBR inspection is a local building permit records check and physical inspection that occurs when residential properties in San Rafael are sold. The City prepares a Residential Resale Report which lists all building permits on the property, any unpermitted construction, and any construction-related code enforcement issues. The purpose of the inspection is to verify that modifications are in conformance with State and local building codes and zoning ordinances, code enforcement actions, and were built with permits. Corrective action is prescribed as needed for unpermitted construction.

Continue residential building inspections at the time of sale to ensure the safety and habitability of units.

15A

Support lower income households in maintaining their homes and increase their ability to participate in and reap the benefits of housing sustainability initiatives. (A) Residential Rehabilitation Loan Program. The City has a Cooperative Agreement with the County of Marin to direct a portion of the City’s Community Development Block Grant (CDBG) funds to a designated contractor to provide property improvement loans and technical assistance to very low-income homeowners to make basic repairs and improvements to their homes. This program serves 12-15 homeowners annually, countywide. Last year, four of the 13 loan recipients were from San Rafael.

Annually: • Through the CDBG funding allocation process, continue to provide low-interest loans and technical assistance to qualified very low-income homeowners to make basic repairs, correct substandard conditions, and eliminate hazards around the home • Advertise funding opportunities through City communication channels • In 2023 and annually thereafter, notify community-based organizations, including those representing non-English speaking residents, and request that they promote the availability of these funds • Seek additional resources to supplement the funds available through CDBG

15B

(B) Reducing Energy-Related Expenses. San Rafael adopted its most recent Climate Change Action Plan (CCAP) in 2019. The Plan’s horizon year of 2030 aligns closely with the Housing Element horizon of 2031. Measures in the CCAP seek to reduce housing-related greenhouse gas emissions through energy efficiency upgrades (weatherization, replacing of inefficient appliances, green building techniques and materials, cool roofs and pavement, etc.), increased use of renewable energy (particularly solar power), and electrification of building systems and appliances to reduce the use of natural gas. In implementing CCAP measures, the City will seek to: o reduce household energy costs, providing more disposable income for housing o minimize the burden of energy upgrades, particularly for lower income households o improve health by reducing the use of natural gas in households o increase access to the benefits of new technologies, such as electric appliances and athome charging for electric vehicles, including EV charging in new and existing apartment buildings

• Develop REACH codes for electrification that minimize burden on lower income households • Continue participation in programs that reduce the costs of improvements for lower income homeowners, and multifamily property owners and renters, such as free energy audits and government and utility rebates. • Accelerate installation of residential solar energy systems, including through financing and loan programs such as Property Assessed Clean Energy (PACE) and California Hub for Energy Efficiency Financing (CHEEF). • Encourage the participation of lower-income owners and renters in programs that reduce home energy costs for lower income customers, including programs developed by Pacific Gas & Electric (PG&E) and Marin Clean Energy (MCE). o By 2024, develop an informational flyer and post in libraries, recreation centers, and in multifamily apartment buildings annually. o By 2024, Sustainability Division and Community Development Department partner to train staff on available programs. • Consider establishment of low interest loans and/or fee waivers

Increase funding for affordable housing through the City’s Affordable Housing Trust Fund and other sources. The City collects “linkage” fees from non-residential development and in-lieu fees from residential development in a fund used to increase the supply of affordable housing in the city. The funds are typically used to leverage outside funds to maximize the number and affordability of units provided. Priority for funding through the Affordable Housing Trust Fund is for new construction of affordable housing. However, funding may also include acquisition and rehabilitation of existing affordable housing on a case-by-case basis. Pursuant to State Law, the City dedicates a portion of its in-lieu fees to housing for extremely low- and very low-income households. In 2022, the City awarded $2.6 million from its Affordable Housing Trust Fund to fund four affordable housing projects. The prior year, the City awarded $1.6 million from the Trust Fund for affordable family rental housing. On April 10, 2023, the City announced the availability of an additional $1.4 million for the preservation or production of affordable housing. The City will continue to issue Notices of Funding Availability (NOFAs) as the Trust Fund is replenished to give service providers and local non-profits the opportunity to apply for funds supporting affordable housing development or housing services. As noted above, the City has used Affordable Housing Trust and CDBG funds in the past to fund acquisition and rehabilitation and will continue to seek opportunities to do so. The City is willing and eager to work with other agencies to secure funding for preservation. It supports changes to State law which allow the acquisition and rehabilitation of housing to be credited toward RHNA, thus recognizing the essential value of such projects to preventing displacement and expanding the State’s inventory of affordable housing units.

Preservation • In 2023, support local application for ABAG Bay Area Housing Finance Agency’s (BAHFA) Preservation Pilot Funding. • In 2024, identify ways to strengthen the City’s ability to respond quickly to preservation/rehabilitation opportunities in the housing market. Affordable Housing Trust Fund • In April 2023, issue a Notice of Funding Availability (NOFA) for $1.4 million for the preservation and production of affordable rental housing (achieved) • By 2031, issue at least three additional NOFAs from the Affordable Housing Trust Fund totaling at least $3 million. • By 2031, contribute local funding towards at least 150 units of housing for lower income households. Federal CDBG and HOME Funding • Identify San Rafael projects, especially multi-family housing projects and housing projects in the Canal neighborhood, that align well with funding priorities for federal CDBG and HOME programs and encourage developers to apply through the County-issued NOFA process. • Coordinate with the County to strategically leverage dollars and to ensure logical timing across funding opportunities. Additional Sources • Work with community-based organizations, the County of Marin, philanthropy, and other jurisdictions to identify and pursue funds for affordable housing, including preservation. By 2031, secure grants totaling at least $500,000 for housing-related services. • Encourage cooperative and joint ventures between property owners, developers, and nonprofits by coordinating applications for State and federal grants and subsidies as well as providing technical assistance and processing for funding applications. • When appropriate, prepare letters of support and serve as a co-applicant for project funding. • Explore potential additional sources of revenue, such as a dedicated percentage of the Transient Occupancy Tax, in the event future assessment districts are created, regional sales tax measures, and a vacancy tax.

Development Maintain affordable housing requirements for market-rate residential and commercial developments. Monitor the effectiveness of the City’s affordable housing policy and periodically revise to reflect changing housing market conditions. San Rafael has had an affordable housing ordinance since 1986. The Ordinance requires market-rate projects to set aside a percentage of housing units as affordable (below market rate or “BMR”), pay an in-lieu fee, or donate land to the City. In 2021, the City Council adopted revisions to the ordinance as part of a larger effort to remove barriers to housing production. With the 2021 amendments, the affordability percentage requirements were reduced from 20 percent to 10 percent and additional flexibility was provided to meet the requirement, with the goal of increasing the volume of projects proposed and completed. At the time of the reduction, the City agreed to revisit the ordinance in three years to evaluate the success of the changes in increasing housing production, increased funding into the affordable housing trust fund and to determine whether further adjustments are needed. The economic impact of the BMR percentage is sensitive to changes in market demand as well as factors such as construction costs and labor, so periodic re-evaluations are important. The City also charges a commercial linkage fee, which is a type of impact fee that charges new commercial development for its role in creating new demand for affordable housing for new worker households.

• In 2023, adopt updated commercial linkage fees that align with other jurisdictions in the County. • By 2024, evaluate the success of the policy changes for residential projects and propose adjustments as needed. • By 2031, produce at least 320 BMR units (10% of RHNA) through the inclusion of affordable units in market-rate projects.

Apply for designation as a “Pro-Housing City” by the State of California. The State Department of Housing and Community Development (HCD) recently created the “Pro-Housing Designation” to give certain jurisdictions an edge when it comes to applying and competing for affordable housing funding. These cities get “bonus points” when applying for Affordable Housing and Sustainable Communities grants, Infill Infrastructure Grants, and Transformative Climate Communities grants, among others. Eligible jurisdictions must score at least one point in four categories, including zoning and land use, accelerating production, reducing construction and development costs, and providing financial subsidies. The City is committed to meeting the housing needs of its residents, affirmatively furthering fair housing, and overcoming the obstacles that have impeded housing development in the past. The City is one of only two Marin County jurisdictions that did not appeal its RHNA and recently adopted a General Plan enabling more than 4,400 units of new housing.

In 2023, apply for HCD’s Pro-Housing City designation and associated financial benefits.

Develop an official City process for developing housing in air rights on municipally-owned sites, including Downtown municipal parking lots. The process should support and promote public-private partnership opportunities that result in new housing on these sites. In 2019, the City completed a study of opportunities for air rights development in Downtown San Rafael. The specific focus was the feasibility of public private partnerships to enable the development of multi-story housing with ground level municipal parking on surface parking lots owned and operated by the City of San Rafael. The idea is to find partnership opportunities that retain or expand Downtown’s parking inventory, while making more efficient use of the air rights above these lots. Seven City-owned sites were studied, including six parking lots and a former temporary fire station. The study assumed 100% affordable housing on each site, with land deeded to the developer at no cost. Housing was determined to be economically viable on all sites. In 2021, the City adopted a Downtown Precise Plan that eliminated caps on density in the downtown in an effort to remove barriers to housing production. With the completion of the DPP, the potential for housing yields on sites within the downtown are higher and housing should be even more viable. The City will proceed with a pilot program for at least two sites by 2028, with the remaining sites to follow in 2029-2030. All vacant City-owned Downtown sites and municipal parking lots should be considered. This program shall be implemented in a manner that is consistent with HCD’s April 2021 Surplus Land Guidelines and that complies with the Surplus Lands Act. Specific actions are included below.

• By 2027, prepare a Downtown Air Rights Strategic Plan that prioritizes housing for extremely low income and special needs households, and partner with non-profits and affordable housing developers to determine how to maximize the benefits for San Rafael community members. • Based on the findings and recommendations, undertake the following pilot program by 2028 for at least two of the municipal parking sites: o Issue an RFP to prospective developers and provide outreach to nonprofits who may be interested in developing housing on the sites o Provide site-specific development incentives for the sites and priority development processing o As feasible, consider financial assistance or cosponsorship of grant applications with interested parties • Pursue marketing of the remaining Downtown municipal sites in 2029-2030, incorporating lessons learned from the pilot program. • By 2030, reach out to the owners of large private parking lots in Downtown who may be interested in joint development to explore opportunities to produce housing, commercial space, civic facilities, and/or privately owned parking available for public use.

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