FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #2
MEETING DATE March 5, 2025
PREPARED FOR Mayor and Town Council
PREPARED BY Bryn McKillop, Associate Planner
Jeffrey Beiswenger, Planning & Building Services Director SUBJECT Adopt a Resolution Accepting the Town of Fairfax Annual Progress Report on the General Plan and Housing Element for the Calendar Year 2024
RECOMMENDATION
Staff recommends that the Town Council:
• Review the Annual Progress Reports on the Fairfax General Plan and Housing Element for the calendar year 2024.
• Adopt resolution of the Fairfax Town Council Accepting Fairfax Annual Progress Report for the General Plan and Housing Element Calendar Year (CY) 2024.
BACKGROUND
California Government Code Section 65400(a)(2) requires that the planning agency of each city and county submit to their legislative bodies an annual progress report (APR) on the status of the General Plan and Housing Element and their implementation in the previous calendar year. A copy of the APR must be sent to both the Governor’s Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD) by April 1st of 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 status of the General Plan policies and their implementation during the past year.
DISCUSSION
The APR is comprised essentially of two reports required by two different agencies, with the (1) General Plan Annual Progress Report to the Office of Planning and Research and the (2) Housing Element report on the Regional Housing Needs Allocation and Housing Element program implementation reviewed by the Housing and Community Development Department. This staff report and a copy of the full report will be submitted to both agencies.
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 6th Cycle (2023- 2031). It also includes a detailed list of the status and progress of Housing Action Programs (Table D). 2 Regional Housing Needs Allocation (RHNA)
A key component of the APR is to report on progress towards meeting the Regional Housing Needs Allocation (RHNA). The RHNA is determined by the Association of Bay Area Governments (ABAG). The RHNA is a State-mandated process intended to ensure every jurisdiction plans for enough housing to accommodate future growth. For the fifth cycle Housing Element RHNA (2015-22) the Fairfax allotment was 61 units and for the current sixth cycle RHNA (2023-31) the Fairfax allotment is 490 units, a significant increase. The RHNA is broken down into income groups as depicted in Table 1.
Table 1
RHNA Allocated by Income Level
Income Category 2015-2022
Period
2023-31 Period
(to 12-31-24)
RHNA Units
Achieved
RHNA Units
Achieved
Very Low 16 17 149 2
Low 11 71 86 7
Moderate 11 41 71 5
Above Moderate 23 18 184 2
Total 61 147 490 16
The Town is expecting to see additional construction during the current RHNA cycle (2023-31) with ADU construction increasing and a few larger projects constructed in the later part of the cycle. Unit production is off to a slow start with sixteen units approved in the RHNA period so far. These have all been ADUs, with the exception of one single family home.
In addition to reporting on RHNA, the Town is also required to report on progress towards implementing the 2010-2030 General Plan (which now includes the 2023-31 Housing Element). The focus is on progress towards implementing Action Programs, as listed in Table D in the attached APR.
Housing Element Implementation Progress
The 2023-31 Housing Element was adopted in December of 2023 and certified by HCD in March of 2024.
Significant progress on implementing many of the programs was made in the last two years, including:
• Hiring a housing planner
3 • Outreach to affordable developers interested in town owned properties • Marketing of ADU laws and regulations, fair housing information, and other housing related news • Meeting with potential developers of multi-family housing projects • Adoption of the workforce housing overlay code amendments • Adoption of the clustering zoning code amendments
• Adoption of objective design and development standards • Code amendments to allow for supportive housing, residential care facilities and other housing types as required by state law
• Work on tenant protection efforts are continuing based on a voter initiative that repealed rent and just-cause eviction limitations
Additional implementation activities are expected in 2025, such as:
• Encourage wider acceptance of Housing Choice Vouchers • Hire a consultant to conduct a focused geological study • Partner with a lender to promote financial assistance programs specific to ADUs • Develop a better monitoring strategy for the status of renters and landlords in Fairfax • Continue to affirmatively market affordable housing opportunities • Continue outreach to developers interested in town owned sites • Investigate funding sources to complete the new Town Center Plan • Recommend programs for minimizing construction cost for low-and-moderate income housing A full list of programs implemented is included on Table D of the HCD spreadsheet, attached to this staff report as Exhibit 1 to the resolution.
Land Use Element
This element is at the center of the General Plan and interacts with all the other elements. The element conveys a sense of the uniqueness of Fairfax including the village-like aesthetic, quaint neighborhoods, and busy streets where many residents bicycle and walk. Minor amendments will be considered in 2025 for consistency with the Housing Element. In 2024, the following implementation activities related to land use goals and policies occurred:
• Held a public Planning Commission meeting to discuss revisions to the Land Use Element to be consistent with the Housing Element / Safety Element.
• Amendment of the zoning code to allow for clustered hillside residential developments on large sites which expand opportunities for market rate housing. • Adoption of the Workforce Housing Overlay ordinance which increases the maximum density on opportunity sites and provides objective development and design standards specific to the overlay.
In 2025 implementation activities are expected to continue, including:
• Adopt revisions to the Land Use Element to be consistent with the Housing Element / Safety Element.
• Staff intends to create hand-outs and graphics to assist with the implementation of clear and object design standards.
4 Circulation Element
Since Fairfax is built-out, the primary infrastructure (roads, sidewalks, bicycle ways, and utilities) are largely in place. Therefore, this element focuses on how to use and improve the existing infrastructure to achieve Town goals. This element is particularly important since it serves as the policy basis for the Town’s Capital Improvement Program (CIP). General Plan consistency is required prior to receiving any grant funding.
Town Center Element
This element contains strategies related to the downtown area and promoting the economic base of the community. This element will either be amended in 2025 for consistency with the 2023-31 Housing Element or integrated into the Land Use Element, depending on what the Town Council decides. The Housing Element contains a program to create a Town Center Plan (also see Goal TC-3 below) which will impact revisions to the Town Center Element.
Open Space Element
The purpose of this element is to protect the Town’s open space resources, address safety issues (landslides, flooding, etc.) and balance these with the right to develop property according to the Town code. In 2024, the Planning Commission initiated an effort to develop dark sky regulations, which are related to protecting the natural environment from unnecessary light pollution. This effort is on-going and will continue in 2025.
Conservation Element
The stated purpose of this element is to: (1) identify and conserve natural and cultural resources; and (2) identify where the community can conserve resources generally and reduce the overall impact on the planet. A significant step towards implementing this element was the adoption of a Climate Action Plan (CAP) a few years ago. Implementation of the CAP is on-going. The Town, in collaboration with the Town of San Anselmo, continued to staff a Climate Action Coordinator in 2024.
Safety Element
Town staff will be updating the Safety Element in 2025 to address State requirements related to evacuation and other fire safety concerns, as triggered by the Housing Element adoption. For example, state law requires a careful study of evacuation routes.
In 2024, the Town worked cooperatively with other Marin jurisdictions on a Local Hazard Mitigation Plan which helps implement many of the programs under the Safety Element. At a meeting in October of 2024, the Planning Commission weighed in on changes to the Safety Element and implementation strategies.
In 2025, the Planning Commission intends to make a recommendation to the Town Council, who will consider adoption.
Noise Element
5 The Town has not proactively implemented programs under the noise element, and it is not necessary at this time. The Town has an effective chapter in the Municipal Code to address day-to-day noise complaints. Chapter 8.20 (Noise Control). Noise is a significant consideration in the construction of new housing, so the element will play a role over the current RHNA cycle and will serve as an important basis for environmental analysis and mitigation measures.
Next Steps
Upon approval of the attached resolution by the Town Council, staff will submit the report to OPR and HCD by the April 1, 2025 deadline.
FISCAL IMPACT
There is no fiscal impact associated with receiving this report.
ATTACHMENTS
Resolution
Exhibit 1 - Progress Report Table for the 2010-2030 Fairfax General Plan Exhibit 2 - Progress Report Table for the Housing Element, 6th Cycle, 2023-31 PAGE 1
RESOLUTION NO. 25-
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) 2024
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) by providing (1) progress report on housing programs and (2) progress report towards the Regional Housing Needs Allocation (RHNA) for the Housing Element, 6th Cycle, 2023-31 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) 2024
The foregoing resolution was adopted at a regular meeting of the Fairfax Town Council on this 5th day of March, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
_____________________________ ____________________________
LISEL BLASH CHRISTINE FOSTER
MAYOR DEPUTY TOWN CLERK
Attachments:
Exhibit 1 – Progress on Housing Programs
Exhibit 2 - Progress on RHNA, Housing Element, 6th Cycle, 2023-31 Exhibit 1
Progress on Housing Programs
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1-A: Develop and Adopt
Town Center Plan
Integrate workforce housing into
Downtown Fairfax
Adopt Town Center Plan
by the end of 2026 The Town will search for a funding source in 2025. 1-B: School Street Plaza 175 new housing units by 2028, including 35 affordable units
Start quarterly meetings
Q3 2023, target completion
of construction in 2028
The Workforce Housing Overlay was adopted in 2023, with School Street Plaza as one of the sites in the overlay. The Town has met with an applicant and they have submitted a preliminary application for more than 175 units, including more than 35 affordable units.
1-C: Housing on TownOwned Sites 10 lower income units by 2030 Prepare and release an RFP by Q2 2024
After outreach with developers, the Town is reconsidering the buildability of the town owned sites for affordable housing. Affordable developer Habitat for Humanity encouraged the Town to consider selling the sites to single family developers who can afford to build on steep slopes on narrow streets in the hills of the Town. Proceeds from the sales could then be used for the affordable housing fund. The Town is putting together a report to understand how to best utilize the town owned sites to benefit affordable housing if developing them is not an option.
1-D: Shopkeeper Housing Five shopkeeper units by 2031 Adopt code amendments by Q3 2025 Complete: Code amendments adopted in 2023
1-E: Live-Work Units Five live-work units by 2031 Adopt code amendments by Q3 2025 Complete: Code amendments adopted in 2023
1-F: Home Sharing and
Tenant Matching
10 home sharing matches over planning
period
Promote Home Sharing
Program events starting
Q3 2023, may be combined
with ADU/JADU events
Fairfax participates with Marin County in the countywide homesharing program.
Staff has handed out brochures and flyers at the Town farmer's market in 2024 about the Home Match program.
1-G: Innovative and 'NonTraditional' Forms of
Housing
Increase opportunities for innovative
housing types Ongoing
Adopted building codes to allow for deviations from certain code provisions to allow for tiny homes. Updated zoning ordinance to allow for new housing types consistent with State law
1-H: ADU/JADU
Awareness
Outreach, including newletters, pop ups,
and seminars, will be conducted
quarterly following program inception
with the aim of issuing 20 ADU/JADU
construction permits annually over the
planning period
Launch program in Q4
2023 with updates via
Annual Progresss Report
to HCD
The Town is participating with other Marin County jurisdictions to join the ADU Center. Staff have tabled at the Town farmer's market to educate the public on local and state ADU rules. Staff has participated in virtual presentations to the public on local and State rules. The Town has published materials for ADU awareness and education on its website.
1-I: Pre-Approved ADU
Floor Plans
Construction of 20 new ADUs in Fairfax
annually over the planning period
Solicit floor plans by Q2
2024; Pre-approve
selection by end of Q3
2024
The Town is participating with other Marin County jurisdictions to join the ADU Center for the purpose of meeting this requirement. On the Town website, there is a page dedicated to the Pre Approved Design Program. 1-J: Technical Assistance Construction of 20 new ADUs in Fairfax annually over the planning period
Launch program in Q4
2023 with updates via
Annual Progress Report to
HCD; checklist and
handouts will be ready at
inception; target to
provide 100 site
assessments annually
throughout the period
after inception
The Town is participating with other Marin County jurisdictions to join the ADU Center.
1-K: Fee Discounts Construction of 20 new ADUs in Fairfax annually over the planning period
Update Town Code to
enact incentives by
January 31, 2024
Town provides a fee discount for ADU plan review (1/2 the cost). 1-L: Financial Assistance
Program
Creation of 32 new ADUs/JADUs for
lower income households over the
planning period
Identify lending partners
by Q3 2024; launch
program in Q2 2025
The Town is planning on reaching out to Redwood Credit Union to discuss how to better connect residents to their programs and products. Staff have directed interested members of the public to them when they have expressed interest in finding funding sources to build their ADUs.
1-M: Zoning Incentives for
ADUs/JADUs Zoning incentives for ADUs/JADUs
Update Town Code to
enact incentives by
January 31, 2024
Complete: Code amendments adopted in 2023
2-A: Workforce Housing
Overlay
159 moderate and lower income RHNA
units by 2030
Adopt Workforce Housing
Overlay by January 31,
2024
Complete: Code amendments adopted
2-B: Rezoning Sites from
Prior Inventories
159 moderate and lower income RHNA
units by 2030
Complete rezoning by
January 31, 2024 Complete: Code amendments adopted
2-C: Establish Objective
Design and Development
Standards
Design and development standards that
fully comply with the requirements of
State law including the Housing
Accountabiltiy Act.
Zoning Code amendments
drafted by end of 2023 for
review and adopted by
Town Council by January
2024
Complete: Code amendments adopted
2-D: Standards for Low
Impact Clustered
Residential Development
on Large Sites
Land use regulations and standards for
low impact clustered residential
development that expand opportunities
for market rate housing
Zoning Code amendments
drafted by end of 2023 for
review and adopted by
Town Council by January
2024
Complete: Code amendments adopted
2-E: Affordable Housing
Density Bonus Zoning consistent with State Law Complete rezoning by January 31, 2024 Complete: Code amendments adopted 2-F: Inter-Jurisdictional
Planning for Housing
Coordination with other jurisdictions on
housing matters Ongoing
The Town participates with other Marin County jurisdictions at monthly Housing Working Group meetings. It has contributed funds to projects like developing an in-lieu fee calculator for jurisdictions to share.
2-G: Processing and
Permit Procedures
Facilitation of 78 moderate income units
and 235 above moderate income units
during the planning period
Complete rezoning by
January 31, 2024 Complete: Code amendments adopted
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 Exhibit 1
2-H: Subdivision
Requirements
Recommend programs for minimizing
construction cost for low-and-moderateincome housing
Complete subdivision
amendments, checklists,
and recommendations for
changes to impact fees by
January 31, 2024
Intend to intiate in 2025
2-I: Building and
Construction Code
Requirements
Recommend programs for minimizing
housing expenses for low-and-moderateincome residents
End of Q1 each year of the
planning period, with
reporting through Annual
Progress Reports
The Town promotes BayREN and Electrify Marin rebates to residents. Increased incentives are available for low-income residents to install electric appliances and energy efficiency upgrades like air sealing and insulation. The Town is also targeting LMI households through a pilot home electrification program with ReadySetReplace for the installation of electric appliances. 2-J: Focused Geologic
Study in the Town Center
Area
Facilitate development of 159 units in
Town Center over the planning period
Release RFP in Q2 2024;
complete study by end of
Q4 2024; incorporate
appropriate development
standards into Town Code
by Q3 2025
Intend to intiate in 2025
2-K: Revise Definition of
Family
Remove potential constraints on
housing for people with disabilities
Amend Zoning Code by
end of Q3 2024 Complete: Code amendments adopted
3-A: Zoning for Residential
Care Facilities
Revised use regulations and
development standards consistent with
State law
Complete rezoning by
January 31, 2024 Complete: Code amendments adopted
3-B: Transitional and
Supportive Housing Consistency with State law Complete rezoning by January 31, 2024 Complete: Code amendments adopted 3-C: Low-Barrier
Navigation Center
Zoning provisions consistent with State
law
Complete rezoning by
January 31, 2024 Complete: Code amendments adopted
3-D: Provide Reasonable
Accommodation
Zoning provisions consistent with
federal and State law
Complete rezoning by
January 31, 2024 Complete: Code amendments adopted
3-E: Inclusionary Housing
Program and Commercial
Linkage Fee
Adopt an inclusionary housing
requirement and commercial linkage fee
Adopt ordinance by end of
Q4 2023 Complete: Code amendments and fee resolutions adopted in 2023 3-F: Tenant Protection
Enhance protections for 530 renteroccupied lower-income households experiencing cost burden in Fairfax
Upon approval of staffing,
hearings, software and
outreach by the Town
Council
Staff posted information on its website on legal rights and duties of landlords and tenants prior to the repeal of local renter protection ordinances during the 2024 election. Now, staff is providing resources on State laws that replaced local laws related to tenant protections. A phone line is available to tenants who seek advice on housing issues in Fairfax.
3-G: Development and
Replacement Unit
Requirements
Protection of existing housing Beginning in Q1 2023 Provisions in place 3-H: Housing for Special
Need Populations and
Extremely Low Income
Households
75 units affordable to ELI household,
whether throught new construciton or
preservation of existing naturally
occurring affordable units
Implementation beginning
in Q1 2024, with outreach
to affordable developers
conducted by end of Q4
2024 and annually
thereafter in each year of
the planning period
Affordable developers were contacted in Q2 2024 and it resulted in multiple tours of available sites in Town. Staff will perform another round of outreach in Q2 2025.
3-I: Water and Sewer
Priority Compliance with State law
Within 2 weeks of
adoption of Housing
Element
Completed
4-A: Affirmative Marketing
of Affordable Housing
Opportunities
149 Very Low and 86 Low income units
by 2031
(a) Prepare materials by
Q3 2023; (b) prepare list of
experienced developers
and contact them by end
of Q4 2023; (c) conduct
outreach in Q1 2024 and
annually thereafter
Intend to intiate in 2024 with Town's new housing specialist on staff 4-B: Wide Acceptance of
Housing Choice Vouchers
Conduct on event in Fairfax annually
each year throughout the planning
period
Annually throughout the
planning period starting in
Q4 2023
Coordinating with Marin County staff to contract with Fair Housing Advocates of Northern California
4-C: Mediation and
Enforcement
To assist 400 households during the
planning period
Ongoing 2023-2031; (a)
publish information by Q3
2023 and update annually
as appropriate; (b)
conduct one event in
Fairfax annually each year
throughout the palnning
period starting in 2024.
Due to the recent repeal of a renter protection ordinance that called for a hearings process, the Town is working to contract with the County to offer mediation services.
4-D: Anti-Discrimination
and Fair Housing Training
Increase awareness of fair housing
practices among real estate
professionals and lenders
Contact non-profit groups
by Q4 2023; annual
coordination on support
activities throughout the
planning period.
Coordinating with Marin County staff to contract with Fair Housing Advocates of Northern California
4-E: Support for
Individuals with
Disabilities
25 percent increase in participation in
Marin CIL programs and services by
Fairfax residents (2023-31)
Annually throughout the
planning period starting in
Q4 2023
Staff is working on establishing a relationship with Marin CIL and including their events in the Town newsletter
4-F: Fair Housing
Information
Provide and regularly maintain
information
Prepare informational
materials and post to
Town website by end of
Q4 2023; update annually
thereafter
Complete/ongoing: Informational materials posted to Town website on Housing page
4-G: Disavowal of Racially
Restrictive Covenants
Participation of 50 homeowners in
County program by 2031
Post information to Town
website and send enewsletter by end of Q1
2024; annually each year
of the planning period
thereafter
Complete/ongoing: Informational materials posted to Town website on Housing page and newsletter item sent out
5-A: Ensure Adequate
Sites Available to Meet
Town's Share of RHNA
Conduct review and submit report to
HCD as required
Complete review and
submit report by April 1 of
every year
Report prepared for Town Council consideration in March 2025 5-B: Annual Review Conduct review and submit report to
HCD as required
Complete report and
submit report by April 1 of
every year
Report prepared for Town Council consideration in March 2025 5-C: ADU/JADU Monitoring
Track progress toward Sixth Cycle
RHNA production goals ensure
complaince with State Law
(a) reporting with annual
report to HCD in April
2024; annually by April of
each year thereafter (b) Q4
2026 for corrective action
evaluation (if needed)
Report prepared for Town Council consideration in March 2025 5-D: Staff Housing
Specialist RHNA compliance
Initiate candidate search in
Q3 2023 with the intent of
identifying a candidate
and making an offer by
end of Q2 2024.
Complete: candidate hired
Exhibit 2
Progress Report on RHNA, Housing Element,
6th Cycle, 2023-31
1 Projection
Period 3 4
RHNA Allocation
by Income Level
Projection
Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031
Total Units to
Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - 2 - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 3 2 2 - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 3 2 - - - - - - - -
Above Moderate 184 2 - - - - - - - - - 2 182
490
8 6 2 - - - - - - - 16 474
5 6 7
Extremely lowIncome Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date
Total Units
Remaining
75 - - - - - - - - - - 75
66 2
5 Moderate
149
86 71
7 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
147
79 Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Exhibit 2