AGENDA ITEM #15
TOWN OF FAIRFAX
STAFF REPORT
April 5, 2023
TO: Mayor and Town Council
FROM: Linda Neal, Principal Planner
SUBJECT: Adopt Resolution Accepting the Annual Progress Reports on the General Plan and Housing Element for Calendar Year 2022
_________________________________________________________________________________
RECOMMENDATION
Staff recommends that the Town Council:
• Review the Annual Progress Reports on the Fairfax General Plan and Housing Element for the calendar year 2022.
• Adopt Resolution 23-XX Accepting Fairfax Annual Progress Report for the General Plan and Housing Element for Calendar Year (CY) 2022.
DISCUSSION
California Government Code Section 65400(a)(2) requires that the planning agency of each city and county submit to their legislative bodies an annual report on the status of the General Plan and Housing Element and its implementation in the previous calendar year. A copy of each report must be sent to both the Governor’s Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD) each year.
The intent of the legislation is to ensure the Town’s General Plan is relied upon for land use decisions and that it remains an effective tool for guiding development. The report provides the Town Council with information regarding the current status of the General Plan policies and their implementation during the past year.
The Annual Progress Report (APR) is comprised essentially of two reports required by two different agencies, with the directions for completing and forms for the General Plan Annual Progress Report provided by the Office of Planning and Research and the directions for completing the Housing Element form provided by and reviewed by the Housing and Community Development Department.
The Town Council should note that the annual report for the General Plan has been prepared in a table format attached to this report by the staff.
The Housing Element Annual Progress Report is completed in a form created by the Department of Housing and Community Development. The purpose of the HCD APR table is to clearly identify the Town’s progress on meeting its Regional Housing Needs Assessment (RHNA) for the current 5th Cycle (2014-2022). It also includes a detailed list of the status and progress of Housing Action Programs (Table C).
2 The Town Council should note that HCD now requires reporting in a long-form format of complex Excel tables, which include a breakdown of projects of various housing types and affordability and in various stages, including planning review, planning approvals and building permit review, issuance and occupancy. The tables are required to comply with recent housing legislation.
The Town has experienced an increase in ADU production and an increase in the number of new single-family residences being built since the adoption of the State required ADU legislation. In 2019 the Town issued building permits for 6 ADU’s and 1 single-family residence, in 2020 we issued building permits for 13 ADU’s and 2 single-family residences, in 2021 permits were issued for 12 ADU’s and 3 single-family residences and in 2022 we issued 8 ADU permits and 2 single-family residence permits.
The last page of the HCD Annual Progress Report shows that the Town has made excellent progress towards its housing goals, producing 147 new housing units, more than its 2015- 2023 Regional Housing Need Allocation of 61 units.
FISCAL IMPACT
None
ATTACHMENTS
A. Resolution 23-XX
B. OPR Annual Progress Report Table for the 2010-2030 Fairfax General Plan C. HCD Annual Progress Report Table for the Housing Element RESOLUTION 23-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX
ACCEPTING FAIRFAX ANNUAL PROGRESS REPORT FOR THE GENERAL PLAN AND HOUSING ELEMENT CALENDAR YEAR (CY) 2022.
WHEREAS, California Government Code Section 65400(a)(2) requires that the planning agency of each city and county submit to their legislative bodies an annual report on the status of the General Plan and Housing Element and its implementation in the previous calendar year; and
WHEREAS, the Town Council reviewed the annual report on the status of the General Plan and Housing Element; and
WHEREAS, the Town Council has determined that the annual report meets the intent of California Government Code Section 65400(a)(2)(A), providing them with the status of the 2010-2030 Fairfax General Plan programs and (B) the Town’s progress in meeting its share of regional housing needs as determined pursuant to Government Code Section 65584;
NOW, THEREFORE BE IT RESOLVED, the Town Council of the Town of Fairfax hereby accepts the Fairfax Annual Progress Report for the General Plan and Housing Element Calendar Year (CY) 2022.
The foregoing resolution was adopted at a regular meeting of the Fairfax Town Council on this 5th day of April, 2023 by the following vote:
AYES:
NOES:
ABSENT:
________________________________
Mayor Chance Cutrano
Attest: ___________________________
Michele Gardner, Town Clerk
ATTACHMENT A
Implementation program for the 2010 – 2030 Fairfax
General Plan
Completed In
Progress
Estimated
Completion
Date if
Known
Timeline Comments on
Implementation/General Plan
Program Numbers
LAND USE ELEMENT
1. Top priority for implementation would be
the revision of the Fairfax Zoning Ordinance and
Zoning Map to be consistent with the revised general
plan once the legally required 2023 Housing Element
and Safety Elements updates are completed.
Ordinance amendments would include rewriting the
applicable sections of the code to incorporate the
density provisions of the revised general plan
2. Updating the parking requirements of the
code – Second Unit parking requirements updated
to allow more flexibility for second units and to allow certain units to have no parking and parking
requirements for Short Term Rental properties
adopted
X ADU’s Ordinance 854, adopted
1/15/20 & Ordinance 876,
adopted 12/7/22
Ordinance 866, STR’s adopted
7/6/22
3. Subdivision Ordinance
Town code updates to incorporate SB 9 Urban Land
Division and 2-unit Residential Projects Ordinance by
right for all residential sites, developed or
undeveloped.
X
Ordinance 860, adopted
12/1/21
4. Housing Opportunities Sites Map – Fairfax is
in the process of conducting a study of existing land
uses and parcel sizes in all zones to determine which
sites are most appropriate as housing opportunity
sites/areas. The objective of the study is to map and
eventually rezone, parcels which are considered
appropriate Housing Opportunity sites.
X
LU-8.1.1.1
5. Town Rezoned the 2626 Sir Francis Drake
Blvd. to allow development of 53 affordable senior
units.
X
The units have been completed.
LU-8.1.1.4
ATTACHMENT B
Implementation program for the 2010 – 2030 Fairfax
General Plan
Completed In
Progress
Estimated
Completion
Date if
Known
Timeline Comments on
Implementation/General Plan
Program Numbers
6. Adopted Public Domain Zoning and updated
the Zoning Map for Public Building Sites, Parks,
libraries, schools, emergency shelters
X
Ordinance 788, passed 5/6/15
CIRCULATION ELEMENT
1. Fairfax Updated its Bicycle and Pedestrian
Master Plan. X
Adopted 11/2/16, Resolution
16-28
2. Funding of Roadway, Bikeway and Pedestrian
Improvements. Town continues to apply and obtain
funding to install various spot improvements
including Pedestrian Warning signs, "Sharrow"
street markings, overhead or on the side of road
flashing crosswalk lights in high use areas,
upgrade high use areas of Town to include class
III bike lanes, etc.
ongoing
3. Town continues to maintain on a need basis
the network of pedestrian trails and stairways
serving neighborhoods and to improve and install
new sections of pedestrian sidewalks including
requiring their installation for substantial
remodels/new home projects.
ongoing
C-2.4.3, C-2.6.1
4. Town is pursuing a shift in Town vehicles
from conventional to electric vehicles.
ongoing C-7.1.1
5. Provide benches for resting in high use areas. ongoing C-2.4.1
6. Assist in preparing and distributing
emergency evacuation route maps.
X C-4.1.1
7. Stripe the Parkade surface to connect the
Broadway steps to the Sir Francis Drake Boulevard
pedestrian crossing.
C-5.9.1
8. Provide and maintain clean, safe and
comfortable places to wait for public transportation.
Main bus stop at the Parkade
was rebuilt 2021.
C-6.4.1
Implementation program for the 2010 – 2030 Fairfax
General Plan
Completed In
Progress
Estimated
Completion
Date if
Known
Timeline Comments on
Implementation/General Plan
Program Numbers
HOUSING ELEMENT
1. Fairfax is in the process of updating its 2015
Housing Element.
2. Fairfax is in the process of developing and
adopting Objective Design and Development
Standards to facilitate new housing development.
3. Inventory sites in the Planning Area that
afford opportunities for developing affordable
housing/housing in general
4. Update Zoning Ordinance and Zoning Map to
accommodate increased housing density.
5. Acceptance of Live/Work Developments ongoing H-4.1.1.3, Town approved 1st live/work development at
School Street Plaza on 4/16/20
6. Allow ADU’s in new development. ongoing H-6.1.2.2,
Since 2015 the Town has
approved 6 new SFD with ADU’s
TOWN CENTER ELEMENT
1. Town Center Element to guide development
within the downtown area of Fairfax Adopted
in 2012.
X Resolution 12-22 adopted
4/4/12
2. The Town continues to consider bicycle and
pedestrian related development a priority - installing
bike racks downtown, making existing cross walks
safer with flashing lights, etc.
TC-3.2.1.1
3. The Town shall work with local artists to
prepare a plan for locating public art in the
downtown area (Artist in Residence Program AIR).
Program began in the 1990’s. In
2018, Fairfax expanded the
AIR program from one artist to a
collaborative of artists which now
consists of up to 3 artists working
together to educate and share art
with the citizens. TC-3.2.9.1
Implementation program for the 2010 – 2030 Fairfax
General Plan
Completed In
Progress
Estimated
Completion
Date if
Known
Timeline Comments on
Implementation/General Plan
Program Numbers
OPEN SPACE ELEMENT
1. Open Space Committee prepared Parcel
Inventory List of potential open space sites for
General Plan
X
Adopted 4/4/12
2. Fairfax Open Space Subcommittee prepared
“Criteria for Priority for Protecting Open Space”
document.
X
Adopted by Town Council
9/7/11
3. Town periodically acquires properties
recommended by the FOSC if they meet the criteria.
ongoing OS-1.3.3.1
4. Staff continues to notify owners when they
apply for applications on subject sites that they will
be reviewed by FOSC.
ongoing
OS-1.3.1.2
5. Town approved a digitized/updated landslide
hazard map (General Plan Figure S-3)
X Ordinance 845, adopted 2/5/20,
OS-4.1.1.1
CONSERVATION ELEMENT
1. Town is pursuing a shift in Town vehicles
from conventional to electric.
ongoing
2. Created and implemented a Climate Action
Plan and maintain it going forward.
ongoing Maintained by Climate Action
Committee, CON-1.1.1.3
3. Install charging stations for PHEVs or EVs ongoing CON-1.2.2.1
4. Assure high levels of community participation
in MMWD water conservation programs. ongoing
MMWD comments and places
conditions on all planning and
building permit applications,
CON5. Modify existing ordinances to require no net
increase in storm water runoff with new
development and remodels.
ongoing Condition included for all HRD
applications for new houses and
50% remodels, CON-4.2.2.3
6. Provide containers for recyclable materials in
all public facilities, including parks, public
offices and entrances to public open space.
ongoing
Receptacles provided in parks,
buildings, CON-7.1.1.3
Implementation program for the 2010 – 2030 Fairfax
General Plan
Completed In
Progress
Estimated
Completion
Date if
Known
Timeline Comments on
Implementation/General Plan
Program Numbers
7. Provide location(s) where batteries,
electronics and fluorescent light bulbs may
be collected, publicize.
ongoing
Batteries, Town Hall
Electronics, annual drop-off
locations, CON-7.1.1.4
SAFETY ELEMENT
1. Evaluate Town-owned critical facilities and
infrastructure to identify those elements that are
seismically deficient.
X
Pavilion, S-1.1.3.1
2. Based on inventory(ies) design and
implement a seismic retrofit program to address
highest priority structures.
ongoing
Pavilion, S-1.1.3.4
3. Require development to avoid or minimize
potential hazards from earthquakes through rigorous
enforcement of codes and construction standards.
ongoing
Enforced by Building
Department, S-1.1.6.1
4. Enforce requirements that storm drainage
systems be installed for hillside development or
substantial improvements.
ongoing
Required by HRD Ordinance, S1.11.6.2
5. Continue to comply with all requirements of
the National Flood Insurance Program. ongoing
Enforced by Department of
Planning and Building Services,
S-2.1.2.2
6. Require new developments and substantial
remodels to incorporate low impact design and Best
Management Practices to mitigate stormwater runoff.
ongoing
Enforced by Planning
Department through HRD and
CUP processes, S-2.1.3.2
7. Require fire sprinklers in all new or
substantially remodeled housing.
ongoing Planning and Building Services
with Ross Valley Fire
Department, S-3.1.5.4
8. Continue the annual volunteer Creek Clean
up Program
ongoing S-4.3.1.1
9. Maintain and periodically test the warning
sirens to inform the public of imminent flood
potential. ongoing
Fairfax Police Department, S4.3.3.1
Implementation program for the 2010 – 2030 Fairfax
General Plan
Completed In
Progress
Estimated
Completion
Date if
Known
Timeline Comments on
Implementation/General Plan
Program Numbers
10. Develop a defensible space vegetation
program
X Completed by Ross Valley Fire,
S-4.4.2.5
11. Develop a fire evacuation plan for the highest
fire hazard areas.
X Completed with Fire Safe Marin
and posted on Town website
www.townoffairfax.org,
S-4.4.2.4
NOISE ELEMENT
None of the Town Noise Element programs set forth
in the 2010-2030 Fairfax General Plan have been
implemented yet.
Date
Project Identifier Unit Types Application Proposed Units - Affordability by Household Incomes Submitted
1 2 3 4 5
Tenure Date Very Low- Very Low- Low- Low- Moderate- ModerateLocal Unit Category Application Above Prior APN• Current APN Street Address Project Name• Jurisdiction (SFA,SFD,2 to Submitted+ Income Income Income Income Income Income ModerateR=Renter Deed Non Deed Deed Non Deed Deed Non Deed Tracking 10• 4,5+,ADU,MH) O=Owner (see Restricted Restricted Restricted Restricted Restricted Restricted Income
instructions)
Summary Row: Start Data Entry Below 0 0 0 3 0 7 3
002-092-19 002-092-19 51 MEERNAA AVENUE ADU R 1/19/2022 1 001-112-31 001-112-31 15 ACACIA ROAD ADU R 2/25/2022
1 I
003-044-10 003-044-10 403 CASCADE DRIVE SFD 0 12/4/2022 1 003-133-05 003-133-05 20 MADRONE COURT ADU R 3/18/2022 1 002-062-03 002-062-03 79 WOOD LANE SFD R 4/4/2022
1 I
002-062-03 002-062-03 79 WOOD LANE ADU R 4/4/2022
1 002-014-07 002-014-07 45 WREDEN AVENUE ADU R 4/22/2022 1 003-081-15 003-081-15 94 TOYON ROAD ADU R 7/5/2022
1 I
001-148-10 001-148-10 1 SPRUCE ROAD ADU R 7/15/2022
1 003-121-06 003-121-06 290 CASCADE DRIVE ADU R 7/27/2022 1 002-011-08 002-011-08 40 MANZANITA ROAD ADU R 10/28/2022 1 I
001-204-30 001-204-30 52 MAPLE AVENUE ADU R 10/21/2022 1 33 - 35 WILLOW ADU R 10/21/2022 1
001-236-44 001-236-44 AVENUE
ATTACHMENT C
TABLE A PAGE 2
Total Total
Approved Disapproved Streamlining Density Bonus Law Application Notes Units by Units by Applications Status Project Project
7 8 9 10 11 12
Did the Were
Was housing incentives or
APPLICATION development concessions Total Total SUBMITTED application reqested Please APPROVED DISAPPROVED Pursuant to GC seek incentives pursuant to indicate the Notes• Units by Units by or concessions status of the project Project 65913.4(b)? pursuant to Government application. (SB 35 Government Code section Streamlining) Code section 65915
65915? approved?
13 0
1 0 No No No Approved
1 0 No No No Approved
1 0 No No No Approved
1 0 No No No Approved
1 0 No No No Approved
1 0 No No No Approved
1 0 No No No Approved
1 0 No No No Approved
1 0 No No No Approved
1 0 No No No Approved
1 0 No No No Approved
1 0 No No No Approved
1 0 No No No Approved
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 1 2 3 4 5
Local Unit Category Tenure Very Low- Very Low- Low- Income Low- Income Moderate- Moderate- Above Entitlement Income Non Income Income Non
Prior APN+ Current APN Street Address Project Name+ Jurisdiction (SFA,SFD,2 to R=Renter Income Deed Deed Deed Non Deed Deed Deed Moderate- Date
Tracking ID+ 4,5+,ADU,MH) O=Owner Restricted Restricted Restricted Restricted Restricted Restricted Income A��roved
Summarv Row: Start Data Entrv Below 0 0 0 0 0 0 1
002-092-19 002-092-19 51 MEERNAA AVENUE ADU R
001-112-31 001-112-31 15 ACACIA ROAD ADU R
003-044-10 003-044-10 403 CASCADE DRIVE SFD 0 1 4/19/2021 003-133-05 003-133-05 20 MADRONE COURT ADU R
002-062-03 002-062-03 79 WOOD LANE SFD R 1 1/25/2022
002-062-03 002-062-03 79 WOOD LANE ADU R
002-014-07 002-014-07 45 WREDEN AVENUE ADU R
003-081-15 003-081-15 94 TOYON ROAD ADU R
001-148-10 001-148-10 1 SPRUCE ROAD ADU R
003-121-06 003-121-06 290 CASCADE DRIVE ADU R
002-011-08 002-011-08 40 MANZANITA ROAD ADU R
001-204-30 001-204-30 52 MAPLE AVENUE ADU R
33 - 35 WILLOW ADU R
001-236-44 001-236-44 AVENUE
001-112-31 15 Acacia Road SFD 0 1 6/16/2016
003-192-07 214 Frustuck ADU R
003-163-18 112 Cypress Dr. ADU R
002-041-25 46 Wood Lane ADU R
001-103-19 11 O Olema Road ADU R
002-105-13 6 Bridge Court ADU R
001-023-08 103 Redwood Road ADU R
Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificate 7 8 9 10
Very Low- Low- Low- Moderate- Moderate- Above Very Low- Very Low- Low- Low- Moderate- ModerateVery Low- Income Income Non Income Income Income Income Non Moderate- Building Permits # of Units Issued Income Income Income Income Income Income Non '
Deed Restricted Deed Deed Non Deed Deed Deed Income Date Issued Building Permits Deed Non Deed Deed Non Deed Deed Deed Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted ,,
0 0 0 4 0 5 4 13 0 0 3 2 0 5
1 1/19/2022 1 1
I
1 2/25/2022 1 1
1 12/4/2022 1
1 3/18/2022 1 1
1 4/4/2022 1
1 4/4/2022 1
1 4/22/2022 1
1 7/5/2022 1
1 7/15/2022 1
1 7/27/2022 1 1
1 10/28/2022 1
1 10/21/2022 1
1 10/21/2022 1
1 5/31/2017 1 1
1 7/16/2020 1 1
1 8/8/2020 1 1
1 12/11/2020 1
1 6/15/2021 1 1
1 12/22/2021 1 1
1 11/8/2021 1 1
11 12 13 14 15 16 17 18
Certificates of # of Units Was Project For units affordable without Occupancy or other issued How many of APPROVED using Assistance Deed Restriction financial assistance or deed forms of readiness Certificates of the units were GC 65913.4(b)? Infill Units? Programs for Each Type restrictions, explain how the (see instructions) Occupancy or Extremely (SB 35 YIN+ Development (may select locality determined the units Date Issued other forms of Low Income? Streamlining) (may select multiple - multiple - see were affordable readiness Y/N see instructions) instructions) (see instructions) 10 0 0
10/19/2022 1 N y survey comparable units
11/28/2022 1 N y survey comparable units
0 N y
11/23/2022 1 N y survey comparable units
0 N y
0 N y
0 N y
0 N y
0 N y
11/7/2022 1 N y survey of comparable units
0 N y
0 N y
0 N y
11/28/2022 1 N y survey of comparable units
2/1/2022 1 N y survey of comparable units
4/6/2022 1 N y survey of comparable units
2/15/2022 0 N y
10/26/2022 1 N y survey of comparable units
1/14/2022 1 N y survey of comparable units
1/11/2022 1 N y survey of owner
Jurisdiction Fairfax
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 RHNA Allocation by Income Level Income Level
Deed Restricted -
16 Very Low Non-Deed Restricted -
Deed Restricted -
11 Low Non-Deed Restricted -
Deed Restricted -
11 Moderate Non-Deed Restricted -
Aboi,e Moderate 23 -
Total RHNA 61
Total Units
5 Extremely low-Income
Need
Extremely Low-Income Units* 8
Is ta e Is auto-popu ate once you enter your Juns IctIon name an current year ata. 2015
-
-
-
-
-
-
-
. .
ANNUAL ELEMENT PROGRESS REPORT Past year information comes from pre�ous APRs.
Housing Element Implementation Please contact HCD if your data is different than the material supplied here Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
2 2016 2017 2018 2019 2020 2021 2022 2023
- 1 6 - - - - -
- - 6 - 4 - - -
- 1 47 - - - - -
- - 8 4 3 4 4
-
- - 1 1 9 - - -
- 1 - 1 4 19 5
-
5 5 - - 3 1 4
-
5 8 68 6 23 24 13
.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 2015 2016 2017 2018 2019 2020 2021 2022 2023
- - - 6 - - - - -
3 Total Units to
Date (all years)
17 71
41 18
147
6 Total Units to
Date
6 ,
4 I
Total Remaining
� by Income
Level
. I
.
5 5
7 Total Units
Remaining
2