IMAGE
Town of Fairfax
Housing Element
Update Project
Town Council Briefing on Housing Element Status
October 18, 2023
Housing Element Timeline
• Draft 2023-31 Housing Element submitted to HCD on May 9 • HCD review completed on August 11
• Site tour and meeting with HCD in Fairfax on September 1 • Data collection and analysis in process to respond to HCD comments • Working iteratively with HCD staff to review draft responses and receive preliminary feedback to confirm the responses adequately address HCD comments
• Release Hearing Draft Housing Element and Final EIR in November, ahead of Town Council hearing in December
Meeting Objectives
1. Provide overview of comments on the Draft Housing Element from HCD
2. Summarize revisions in progress to address the comments
3. Outline meetings and milestones for finalization of the project IMAGE
Overview of Revisions:
• Housing Sites Inventory
• Realistic Capacity Projections
• AFFH
• Housing Action Plan Programs
• Quantified Objectives
• 5th Cycle Accomplishments
• Other topics
Sites Inventory: Existing Uses
• Under State law (Government Code Section 65583.2(g)(2)), Element must provide substantial evidence that the existing uses will not impede housing development • Table 3-5 provides indicators of redevelopment potential for non-vacant commercial sites • During site visit, HCD staff remarked that sites appear suitable and recommended preparing additional narrative to elaborate on the viability conclusions TABLE 3-5: UNDERUTILIZED PROPERTIES
APN Address Existing Land Use Zoning Acres AV
Ratio
FAR Built
year
Owner
Interest
Lotsqft Bldg
sqft
Net
Acreage
Capacity
001-104-12 10 OLEMA Retail/General
Commercial
CL 1.21 0.52 0.12 1903 Y 52,795 6,113 1.07 31
174-070-50 2600 SIR FRANCIS
DRAKE BLVD
Church/Religious
Facility
UR-7 6.22 0.69 0.01 1973 Y 271,109 3,600 1.00 29
002-122-47 95 BOLINAS RD Retail/General
Commercial
CC 0.51 0.96 0.50 0 -- 22,155 10,975 0.26 7
Sites Inventory: Martinez v. City of Clovis
• Recent California appellate court decision has implications for Fairfax • Program 2-A proposes a Workforce Housing Overlay that would property owners of identified commercial sites the option to develop high density housing if they choose • Appellate court ruled that the minimum density of the underlying base zone must be at least 20 dwelling units per acre (du/ac) if overlay sites counted toward lower income RHNA
• Residential uses are permitted or conditionally permitted in the CH, CL, and CC zoning districts, but minimum density is not specified for these base zones. • Zoning text amendment needed to establish an appropriate minimum density for residential uses if proposed
• Timing: with zoning amendments to create the Workforce Housing Overlay Sites Inventory: Accommodating RHNA Shortfall
• Government Code Section 65583.2(h) requires that sites rezoned to accommodate a shortfall of lower income RHNA must:
• Permit multifamily development "by right," subject to objective standards; • Permit at least 16 units per site at a density of at least 20 du/ac; • Permit 100 percent residential developments; and
• If mixed use is permitted, require that at least 50 percent of the floor area in a mixed use development be for residential uses.
• Workforce Housing Overlay will accomplish this, except 2 small sites identified for lower income RHNA that need to be reclassified Moderate (1577 and 1625 Sir Francis Drake) • Two other small sites (2082 and 2086 Sir Francis Drake) are under common ownership and can be considered a single site
Sites Inventory: Revised RHNA Summary
Capacity Projections:
Constraints
• Draft Element includes analysis
demonstrating that environmental
constraints have not been undue
barrier to housing construction in
Fairfax
• Capacity projections for workforce
housing overlay sites based on survey
of high density projects in other Marin
County communities
• HCD requested analysis to demonstrate
that reference projects also faced
similar environmental constraints
Capacity Projections: Adequate Zoning
• HCD also requested analysis to demonstrate that zoning for workforce housing overlay sites is comparable to reference projects Location Name Address Zoning Underlying Zoning Parameters Density Height Parking Open Space
Corte
Madera Bell Mt. Tam 195 Tamal
Vista Blvd
Mixed Use
Gateway District
(MUGD)1
40 du/acre
38 ft. along street
frontage; 48 ft. on inner
portions of lot
1 per unit for studio and 1
bedroom; 1.5 per unit for
2 bedrooms; 2 per unit
for 3+ bedrooms; 1 guest
parking space per 10
units
50 sq. ft./du
San Rafael Second & B
Street
815 B
Street
2nd/3rd Mixed-use
West (2/3 MUW) 30 du/ac4 42’-0”
1 per unit for studio and 1
bedroom; 1.5 per unit for
2+ bedrooms
100 sq.ft. of
common or private
open spaces per
du
San
Anselmo
18-20
Mariposa
18-20
Mariposa
Ave
Commercial (C-3) 20 du/ac 2 stories
1 per unit for studio and 1
bedroom; 1.5 per unit for
2 bedrooms; 2 per unit
for 3+ bedrooms
-
Novato Verandah
7711
Redwood
Blvd
Business and
Professional
Office
(BPO)/Affordable
housing overlay
20-23 du/ac 35’-0”
1.2 per unit for studio; 1.5
for 1 bedroom; 2 per unit
for 2 bedrooms; 2.2 per
unit for 3+ bedrooms; 1
guest parking space per 3
units
150 sq.ft. of
common or private
open spaces per
du
Sausalito 676
Bridgeway
676-686
Bridgeway
Commercial
(CC)/Downtown
Historic District
Overlay
29 du/ac 32’-0” 1.5 per unit -
Capacity Projections:
Terrain
• HCD letter notes that public comments stated
some sites unlikely to develop due to sloped
terrain and lack of egress
• Clarify that Program 2-D was incorporated to
address this
• Program 2-D would provide an option for
owners to develop small scale market rate
housing clustered on relatively flat portion of
large sites without increasing existing density
• Standards now in draft form require 75% of
site be preserved as permanent open space
and incorporate ridgeline protections
Affirmatively Furthering Fair Housing
• Appendix E includes detailed mapping and analysis of fair housing conditions in Fairfax
• New section to be added analyzing how buildout of inventory would affect existing conditions
• Table E-12 to be updated to fully reflect the findings of Appendix E and the programs included in Chapter 4 to address fair housing conditions Housing Program Revisions
• Add a new Replacement Housing program to ensure no loss of existing units through redevelopment
• Revisions for compliance with new State law:
• Share adopted element with utility providers
• Treat employee housing for 6 or more people as a single-family home • Objective standards for emergency shelters/low barrier navigation centers • Strengthen language of 3 programs, replacing "consider" and "encourage" with firmer commitments
Quantified Objectives
• Quantified objectives set a target for Fairfax to strive for, based on needs, available resources, and constraints
• Table 3-8 includes targets for new construction and rehabilitation, but not preservation
• Town's ADU Amnesty program and Rent Stabilization and Just Cause Evictions Ordinances can be a basis for projecting preservation objectives
Other Topics
• Fifth Cycle Accomplishments - Augment Appendix D to summarize key accomplishments and analyze cumulative effectiveness of programs for special needs groups
• Needs Assessment - add text to Appendix B specifically address each requirement for each special needs group with reference to HCD’s Building Blocks webpage
• Constraints Analysis - Incorporate additional data and analysis related to local fees and exactions, permit processing times, code enforcement procedures, and the cumulative effect of local land use and zoning controls on housing production into Appendix C
• General Plan Consistency - add a new section to chapter 1 to address this and describe how consistency will be maintained throughout the planning period
Next Steps
Housing Element Update Project Town of Fairfax
Next Steps: Housing Element and EIR
• Public Comment period on DEIR
• Planning Commission Hearing on DEIR
• Public release of Revised Draft Housing Element
• Town Council Hearing
Sept 26 – Nov 11
Nov 16
Nov 28
Dec 13
Housing Element Update Project Town of Fairfax
Next Steps: Zoning
Zoning Module 2: Low Impact Clustered Residential Standards • PC study session
• PC hearing (module 2)
• TC first reading
• TC adoption
Zoning Module 3: Workforce Housing Overlay
• PC study session
• PC hearing (module 3)
• TC first reading
• TC adoption
Oct 12
Dec 14
Jan 10
Jan 24
Nov 16
Jan 11
Jan 24
Feb 7