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Town of Fairfax
Housing Element
Update Project
Special Town Council Meeting
April 19, 2023
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Presentation Outline:
1. Process Recap
2. Housing Element Background
3. Overview of Content
-Inventory
-Action Plan
4. Next Steps
Process Recap
• 2021-2 outreach and background work
• Background report finalization
• Ground-truthing housing sites inventory
• HCD consultation
• Property owner outreach
• Subcommittee meetings
• Public review Draft Housing Element released
March 31, 2023
Housing Element
Background
What is a Housing Element?
• State-mandated element
• Town’s plan for addressing local
housing needs
• Updated on an 8-year cycle
• Subject to statutory requirements
• Mandatory review by Dept.
Housing & Community
Development (HCD)
required
elements
8 Housing Element Update Project Town of Fairfax
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Key Housing Element
Components
• Inventory of available sites for housing
• Projection of realistic capacity
• Assessment of housing needs, constraints,
and “fair housing” issues
• Action Plan of implementing programs
What is RHNA?
• RHNA = Regional Housing Needs Allocation
• Total number of new housing units that Town
must plan to accommodate for
2023 – 2031 cycle
• Separated into four affordability levels:
• Very Low < 50% area median income (AMI)
• Low 50 – 80% AMI
• Moderate 80 – 120% AMI
• Above Moderate > 120% AMI
• Marin County AMI = $115,246
2023 - 2031 RHNA Allocations
• Fifth Cycle RHNA
was lower than
previous cycles,
accounting for
Great Recession
• Sixth Cycle RHNA
significantly higher
due to new State
laws
Fairfax 149 86 71 184 490
Site Suitability
• Town is required to zone for sufficient
capacity to meet RHNA
• Special requirements for lower
income RHNA sites
• Site size parameters
• Absence of environmental constraints
• Proximity to transit
• Availability of utilities
• Past performance to demonstrate
viability
Overview of Draft Housing
Element Content
DRAFT SITES INVENTORY
Revised Sites Inventory
Total Units Low/Very Low Moderate Above
Moderate
Vacant Single-Family Sites 60 60
Pipeline Projects
School Street Plaza 175 35 140
Fairfax Market 8 8
Various Single Family 11 11
Town-Owned Sites (002-123-
17/144-01)
10 10
Underutilized Commercial Sites 159 129 30
ADU/JADU Projection (@20/yr) 160 96 48 16
Total 583 270 78 235
RHNA 490 235 71 184
Buffer 93 35 7 51
• Inventory demonstrates capacity for
583 new housing units
• Sufficient to meet RHNA with a 16% buffer
• Buffer needed to ensure compliance with
“no net loss” provisions of State law
Vacant Residential Parcels
• Projected capacity for 71 new single-family
homes on vacant residentially zoned parcels
• 11 pipeline projects currently under review
or recently approved
• 60 vacant lots with single-family zoning
• Develop and adopt standards to permit
clustered single-family housing on large
sites while preserving large areas of open
space and protecting ridgelines
(Program 2-D)
Clustered hillside
residential standards
for large sites
Pipeline Projects
• 11 single-family residential projects currently under review or recently approved
• 8 multi-family apartments on northern portion of the
Fairfax Market site
• 175 multi-family units on School Street Plaza site
• Program 1-B: School Street
• Establish objective design and development standards
• Meet quarterly with the property owner
• Work with the property owner to identify incentives for affordable housing onsite
• Accommodations for residents of existing live/work units Accessory Dwelling Units (ADUs)
• ADUs and JADUs can count toward RHNA
• State guidance allows projection based on the
annual rate of permits issued since 2018
• Town has permitted 11 units/year since 2018 on
average
• With a strong suite of programs in the Action Plan,
projection of 20 ADUs and JADUs per year through
2031
Underutilized Commercial
Properties
• Projected capacity for 352 multi-family homes on
underutilized sites, primarily in Town Center and along Sir Francis Drake
• Sites in locations with good access to transit and services per State law
• New State law (AB2011/SB6) already allows for housing development on commercial and office sites, subject to
design standards set by the State
• Program 2-A would create a Workforce Housing Overlay to provide the option to develop with multi-family housing • Because certain sites must be reused from 2015 Housing Element, they must be rezoned to allow housing "by right" Workforce Housing Overlay Sites
Sites Reused from Prior Inventories
Workforce Housing on Town-Owned Sites
• Two adjacent Town-owned sites
identified for workforce housing
(APNs 002-123-17; 002-144-01)
• Total site size: 0.5 acres
• Current zoning: RS-6 Single Family
Residential
• Objective: provide housing for
restaurant employees, service
workers, teachers, public servants and
others who work in Fairfax and earn
less than 80% AMI
• Program 1-C: Partner with a nonprofit developer to build 10 units Overview of Draft
Housing Element Content
DRAFT ACTION PLAN
Housing Action Plan - Goals
1. Increase the range of housing options to meet the housing needs for all economic segments of the community.
2. Address housing affordability by addressing regulatory, process, and market factors that limit housing production and preservation in Fairfax.
3. Promote suitable and affordable housing for special needs populations, including housing for lower income households, large families, single parent households, the disabled, older adults, and people experiencing homelessness.
4. Foster equal housing opportunity for all residents of Fairfax, regardless of race, religion, sex, marital status, ancestry, national origin, color, or ability.
5. Monitor the effectiveness of housing programs to ensure that they respond to housing needs.
Goal 1: Increase the range of housing options for all economic segments • Town Center Plan
• School Street Plaza
• Housing on Town-Owned Sites
• Home Sharing and Tenant Matching
• Innovative and Non-Traditional Housing
• ADU/JADU Informational Campaign
• Pre-Approved ADU Floor Plans
• Technical Assistance
• Fee Discounts
• Financial Assistance Program
• Zoning Incentives
• Supported by 5 policies and 13 programs
Key Implementing Actions
Goal 2: Address housing affordability by addressing regulatory, process, and market barriers
• Workforce Housing Overlay
• By Right Rezoning
• Establish Objective Standards for Multi-Family and Mixed Used Development • Clustered Hillside Development Standards
• Streamlining Processing and Permit Procedures
• Focused Geologic Study in the Town Center Area
• Supported by 7 policies and 10 programs
Key Implementing Actions
Goal 3: Promote suitable and affordable housing for special needs populations
• Code amendments for compliance with State law
• Residential care facilities
• Transitional and supportive housing
• Low-Barrier Navigation Centers
• Reasonable accommodates for people with disabilities
• Consider adopting inclusionary zoning requirements and/or a commercial linkage fee • Supported by 4 policies and 5 programs
Key Implementing Actions
Goal 4: Foster equal housing opportunity for all residents • Affirmative marketing
• Expand use housing choice vouchers
• Information on fair housing, tenant rights, and mediation • Anti-Discrimination and Fair Housing Training
• Support for people with disabilities, partnership with the Marin Center for Independent Living • Supported by 4 policies and 6 programs
Key Implementing Actions
Goal 5: Monitor the effectiveness of housing programs
• Annual review and reporting
• ADU/JADU Monitoring
• Staff Housing Specialist
• Supported by 3 policies and 4 programs
Key Implementing Actions
Next Steps
Housing Element Update Project Town of Fairfax
Legally Mandated Timeframes
• Public review of Draft Housing Element
• HCD review of Draft Housing Element
• EIR Scoping Period
• Public review of Draft EIR
30 days
90 days
30 days
45 days
Housing Element Update Project Town of Fairfax
Preliminary Timeline & Next Steps
• 30-day public review period ends
• Town Council Review of Draft Housing Element
• Submittal to HCD
• HCD review ends
• Housing Element Adoption Hearing
• Zoning amendments adopted
Apr 30
May 3
May 8
Aug 6
Aug 22
Jan 31
Penalties for Non-Compliance
• Town is legally required to adopt a Housing Element that complies with State law
• Failure to do so can result in fines and penalties:
• Limited access to State funding, including for local roadway maintenance and capital improvements
• Court imposed fines of up to $600,000 per month
• Court mandated compliance
• Court suspension of local control on building matters • Court approval of housing developments, with payment of plaintiff attorney fees mandated
Comments
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Housing Element
Update
Scoping Meeting
Special Town Council Meeting
April 19, 2023
Housing Element and EIR Update Town of Fairfax
Presentation Outline
1. Environmental Review Process Overview
2. Environmental Resource Categories Addressed
3. Likely Environmental Impacts
4. Public Comment
Housing Element and EIR Update Town of Fairfax
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Purpose of EIR
• Programmatic EIR
• Inform decision-makers and the public
• Describe the “proposed plan”
• Identify existing setting
• Describe environmental effects
• Prevent significant, avoidable damage to the
environment
• Define mitigation or policies that serve to avoid or
reduce significant environmental effects
Housing Element and EIR Update Town of Fairfax
Environmental Review Process
Notice of
Preparation
(NOP)
Scoping Period
(30 Days)
Environmental
Review
Draft EIR
Published
Public Comment Period
for Draft EIR
(45 Days)
Response to
Comments/
Final EIR
Public Hearings Certification of
EIR
= opportunity
for public input
= where we
are now
Housing Element and EIR Update Town of Fairfax
CEQA Requirements: Resource Categories
• Aesthetics
• Agriculture and Forest Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire
Housing Element and EIR Update Town of Fairfax
Likely Environmental Impacts
• Air Quality:
• Increase in operational emissions through
new vehicle trips
• Biological Resources:
• Extensive resources throughout Fairfax (e.g.,
San Anselmo Creek, scenic hills)
• Geology and Soils:
• Areas of high liquefaction and landslide risk
• Transportation:
• Development-induced vehicle miles travelled
(VMT)
• Water Supply:
• Net increase in water demand
• Wastewater:
• Development may require new wastewater
conveyance facilities
• Wildfire:
• Almost all land in town classified as a High
Fire Hazard Severity Zone
Housing Element and EIR Update Town of Fairfax
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Scoping Comments
Town would like to know:
• Do you have information that will be
beneficial as the EIR is being prepared?
• Are there concerns related to CEQA
topics that should be considered in the
EIR analysis?
• What actions, if any, could be taken to
address concerns?
Housing Element and EIR Update Town of Fairfax
Opportunities For Comment
• Oral comments at this meeting
• Written comments after this meeting
• By mail or email
• Comments due by 5:00pm May 2, 2023
• Submit comments to:
Heather Abrams, Town Manager
142 Bolinas Road, Fairfax, CA 94390
E-mail: [email protected]