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

DELIVERABLE DATE

The County of Marin has been allocated a need of 3,569 units (1,100 very low income, 634 low income, 512 moderate income, and 1,323 above moderate income units). Based on projected ADUs and entitled projects, the County has met 705 of its RHNA, with a remaining RHNA of 2,864 units (1,343 lower income, 313 moderate income, and 1,208 above moderate income units). To accommodate this remaining RHNA, the County has identified an inventory of sites with potential for redevelopment over the eight-year planning period. The inventory includes sites that are not identified for rezone and can accommodate 25 additional units under current Countywide Plan (CWP) and Development Code. The inventory also includes sites that will be rezoned/upzoned concurrent with this Housing Element update. Sites identified for rezoning/upzoning can accommodate 3,210 units (see Table H-5.1). The County is committed to redesignating and rezoning accordingly by January 31, 2023. Appendix C contains a detailed parcel listing of properties in the inventory, including those that will be redesignated/rezoned concurrent with the Housing Element update. Five sites in the inventory are over 10 acres in size. In Marin County, development of lower income affordable housing on large sites is achievable and there is interest in redeveloping larger sites. Zoning amendments, including the designation of a HOD combining district zoning have been applied to each larger property, allowing higher density development on the most developable areas of the properties, selecting out natural constraints or other factors. In many cases, the limited developable area for higher density is under 10 acres. To facilitate the development of these large sites, the County will: • Incentivize multi unit development through ministerial review. • Provide site planning tools such as clustered development within the Form Based Code. • Meet with property owners and developers to encourage the development of mixed income housing with a mix of unit sizes, types, and prices. • Allow the development in phases within the eight-year Housing Element Planning period. Table To ensure that the County complies with Government Code Section 65863 (No Net Loss), the County will monitor the use of residential and mixed-use acreage included in the sites inventory to ensure an adequate inventory is available to meet the County’s RHNA obligations throughout the planning period. To ensure sufficient residential capacity is maintained to accommodate the RHNA, the County will develop and implement a formal, ongoing, project-by-project evaluation procedure pursuant to Government Code Section 65863. Should an approval of development result in a reduction of residential capacity below what is needed to accommodate the remaining need for households at an income level, the County will identify replacement sites as part of the findings for project approval, or if necessary, rezone sufficient sites to accommodate the shortfall and ensure “no net loss” in capacity to accommodate the RHNA within six months.

 Complete redesignation/rezoning of 1,352.5 acres as outlined in Table H-5.1 to fully accommodate the RHNA. Redesignation and rezoning for adequate sites is being taken concurrently with the Housing Element update and to be completed concurrent with or prior to Housing Element adoption before January 31, 2023 (completed). Specifically, the County will completely revamp the Housing Opportunity sites (HOD) policy language in the CWP to outline: o Allowable density o Maximum and minimum number of units o Site constraints if any o Objective Design Standards category  By January 31, 2023, amend the CWP to adjust the Inland Rural/City-Center corridor boundary and to ensure consistency between CWP and zoning districts. (completed)  Ongoing, maintain an inventory of the available sites for residential development and make it available on County website. Update sites inventory annually to reflect status of individual sites.  By January 2024, implement a formal evaluation procedure pursuant to Government Code Section 65863 to monitor the development of vacant and nonvacant sites in the sites inventory and ensure that adequate sites are available to meet the remaining RHNA by income category.  By the end of 2024, update the Local Coastal Plan to be consistent with the CWP.  Meet with property owners of large sites and County-owned sites at least annually to facilitate development of housing on site. Discussions should include tools to mitigate constraints and appropriate incentives, and available funding to facilitate affordable housing development (see also pr. 25: Incentives for Affordable Housing).  By 2025, identify the appropriate avenues for development/ redevelopment of County-owned sites, through tools such as disposition of properties, land leases, request for proposals, and/or public private partnerships to achieve affordable housing. Pursue follow-up actions to facilitate development of sites within the planning period of this Housing Element, including compliance with the Surplus Land Act.

Pursuant to Government Code Section 65583.2, reusing the following types of sites in the County’s sites inventory for lower income RHNA are subject to by-right approval exempt from CEQA and subject only to design review based on objective standards, when a project includes 20 percent of the units affordable to lower income households and no subdivision is proposed:  Vacant sites that were identified in the County’s 4th and 5th cycles Housing Element as sites for lower income RHNA; and  Nonvacant sites that were identified in the County’s 5th cycle Housing Element as sites for lower income RHNA. Parcels that are subject to by-right approval pursuant to State law are identified in Appendix C. In addition, the County may consider expanding the scope of streamlining:  For sites not subject to Section 65583.2 - projects that include 20 percent of the units affordable to homeowners at 60 percent AMI or to renters at 50 percent AMI; and/or  100 percent affordable projects on any Housing Element sites.

Specific Actions  By January 31, 2023, concurrent with the Development Code and CWP update to provide adequate sites for and Timeline RHNA (see pr. 1), update the Development Code to address the by-right approval requirements.

Development on all nonvacant sites designated in the Housing Element, at all income levels, that contain existing residential units, or units that were rented in the past five years, is subject to the replacement housing requirements specified in Government Code sections 65583.2 and 65915.

 By January 31, 2023, as part of the redesignation and rezoning being undertaken concurrently with the Housing Element update (see pr. 1, update the Development Code to address the replacement requirements).

Accessory Dwelling Units (ADUs) are an important resource to provide lower and moderate income housing in the unincorporated County. To facilitate ADU production, the County will:  Dedicate a specific page on the County website to provide information and resources for ADU construction.  Dedicate an ombudsperson position to help applicants navigate the predevelopment phase of ADU construction.  Develop an ADU construction guide to clarify the permit application process and requirements. The guide will outline the required review by various departments and fees required.  Provide financial assistance to income-qualified property owners to build ADUs using State funds (such as Cal HOME funds).  Develop incentives or strategies to encourage the use of ADUs as housing units (as opposed to pool houses, for example).  Develop pre-approved plans for different unit sizes to facilitate the permitting process.  Develop a fair housing factsheet to be included in the ADU application packet, emphasizing the fair housing responsibility of being a landlord, including compliance with the source of income protection.

 Permit on average 35 ADUs or JADUs per year (280 ADUs or JADUs over eight years).  Update ADU webpage semi-annually, or more frequently as needed, to ensure information addresses questions raised by applicants.  By December 2023, create an ombudsperson position to help property owners navigate the ADU pre-development process.  By December 2023, develop pre-approved plans for different ADU unit sizes.  Annually, pursue and allocate financial incentives to support ADU construction with the annual goal of assisting 5 lower income households with ADU construction or deed restricting 5 ADUs as affordable housing.  By the end of 2025, develop incentives or strategies to encourage the use of ADUs as housing units.  By January 31, 2025 and every other year thereafter, review the production of ADUs to verify that Housing Element projections are accurate, including production level and affordability. If production estimates are below the estimates in the Housing Element, within six months of the review, revise the County’s ADU strategies to help achieve overall goal of at least 280 ADUs during the planning period. Revised strategies may include alternative actions such as increased outreach, reduced fees, streamlined process, and/or rezone additional properties if a RHNA shortfall is resulted (see also pr. 1 monitoring of no net loss requirements).  By December 2023, develop a fair housing factsheet to be included in the ADU application packet.

SB 9 (Government Code Section 65852.21) is a new regulation that allows property owners to build additional units on their properties. In the unincorporated County, properties eligible to utilize SB 9 are limited to those in urbanized areas and in urban clusters, in addition to other exclusions included in the statute. However, opportunities may also exist in the coastal area. The County will facilitate the SB 9 process by developing a mapping tool to help property owners within the urbanized areas determine if their properties may be eligible to utilize SB 9 to add new units onsite. Furthermore, the mapping tool will be used to conduct feasibility of applying SB 9 within the coastal zone.

 By December 2023, develop and implement an online mapping tool that will identify areas in the unincorporated area that are eligible to use SB 9.  By December 2023, develop a fair housing factsheet to be included in the SB 9 application packet, emphasizing the fair housing responsibility of being a landlord, including compliance with the source of income protection.  By mid-2024, conduct feasibility of applying SB 9 within the coastal zone. If feasible, consistent with the Coastal Act, amend SB 9 ordinance to include the coastal zone (or portions of).  By the end of 2024, develop outreach materials to educate the community regarding SB 9 opportunities, particularly in higher resource neighborhoods. Distribute materials through social media and other platforms. Goal is to achieve 40 SB 9 permits over eight years.

The County permits single-unit homes in all residential zones and nonresidential zones that permit housing, potentially reducing the achievable density in multi-unit development. Establishing minimum densities will ensure efficient use of the County’s multi-unit land and prohibit the construction of new detached single-unit homes on multi-unit zoned property. Existing single-unit homes on multi-unit zoned property can remain and limited expansion or improvement, or reconstruction to replace units damaged due to accidents or disasters would be permitted. To facilitate efficient use of land, some jurisdictions have also established target densities (tied to the calculation of RHNA potential, for example) to ensure no net loss of capacity as development occurs. Also, currently no conventional zones in the County permit multi-unit housing, and only ten percent of the parcels are zoned to permit multi-unit residential use. This limited land available solely for multi-unit use is a potential constraint to housing development.

 By December 2023, amend the Development Code to: o Establish minimum densities for multi-unit and mixeduse zones. o Specify the rounding up to the whole number in calculating density.  By December 2023: o Explore and, if appropriate, develop target density for each zone. o Create a residential combining district that allows for form-based objective development standards rather than discretionary review.  Annually beginning in 2024, outreach to developers and property owners to promote multi-unit housing opportunities, with the goal of creating 800 units in multiunit housing.

Government Code Section 65913.6 allows a religious institution to develop an affordable housing project at a place of worship owned by the religious institution even if the development requires the religious institution to reduce the number of religious-use parking spaces available. This bill applies only to religious facilities located in zones that allow residential uses. The County will establish a Religious and Institutional Facility Housing Overlay with the following potential provisions:  Expanding the provisions of Section 65913.6 to other institutional uses, such as schools and hospitals, as well as religious facilities located in zones that currently do not allow residential uses.  Allowing religious and institutional uses to construct up to four ADUs and JADUs onsite when an affordable housing development may not be feasible.

 Beginning in 2023, conduct outreach to religious and institutional facilities regarding the Overlay opportunity.  By December 2024, establish a Religious and Institutional Facility Housing Overlay to extend the provisions of Section 65913.6 to other institutional and religious uses. The goal is to create 150 affordable units.

The County will amend the Development Code to address the following to facilitate development of a variety of housing types:  Residential Use in Mixed-Use Development: - The County allows residential uses on the upper floors and residential units are limited between 25 and 29 percent of the floor area. Amend the Development Code to allow at least 50 percent of the floor area as residential use.  Height Limit: The 30-foot height limit is potentially constraining to achieving a density of 30 units per acre. Amend the Development Code to increase the height limit to 45 feet.  Accessory Dwelling Units: Currently, the County’s ordinance does not allow an ADU to be sold or otherwise conveyed separately from the primary dwelling unit. However, State law makes an exception if the property is owned by a nonprofit organization. The County will amend the ADU regulations to be consistent with State law.  Agricultural Worker and Employee Housing: The County’s provisions for agricultural worker housing is not consistent with the State Employee Housing Act. Furthermore, the Development Code does not contain provisions for employee housing. Pursuant to the Employee Housing Act, any housing for six or fewer employees (in any industry) should be permitted as single-unit residential use. The County will amend agricultural worker provisions in the Development Code to be consistent with State law.  Residential Care Facilities: The County permits residential care facilities for six or fewer persons in all residential zones. For residential care facilities for seven or more persons, a conditional use permit is required. The County will revise the Development Code to permit or conditionally permit large residential care facilities in all zones that permit residential uses, as similar uses in the same zone, and to ensure the required conditions for large facilities are objective and provide certainty in outcomes.  Transitional and Supportive Housing: Pursuant to State law, transitional and supportive housing is to be considered a residential use to be similarly permitted as similar uses in the same zone. Currently, transitional and supportive housing is not specifically identified in the Coastal Zone in areas where residential uses are permitted or conditionally permitted. The Development Code will be amended to address the provision of transitional and supportive housing in the Coastal Zone. Pursuant to State law (Government Code Section 65650 et seq.), supportive housing developments of 50 units or fewer that meet certain requirements must be permitted by right in zones where mixed-use and multi-unit development is permitted. Additionally, parking requirements are prohibited for supportive housing developments within one half mile of a transit stop. The County will amend Title 24 of the Municipal Code to address the parking requirements to comply with State law (see pr. 9).  Emergency Shelters: Government Code Section 65583 requires that parking standards for emergency shelters be established based on the number of employees only and that the separation requirement between two shelters be a maximum of 300 feet. The County Development Code and Title 24 will be revised to comply with this provision.  Low Barrier Navigation Center (LBNC): Government Code section 65660 et seq. requires that LBNCs be permitted by right in mixed-use and nonresidential zones that permit multi-unit housing. The Development Code will be amended to include provisions for LBNC.  Density Bonus: The County adopted an ordinance in 2021 that was consistent with state density bonus law at that time. However, since then, there have been some additional statutory changes. The Development Code will be amended to address all recent changes to the State Density Bonus law.

 By December 2023, amend the Development Code and Title 24 as outlined above to facilitate a variety of housing types, especially for special needs populations.

The County’s current parking standards are codified in Title 24 of the Municipal Code. The parking standards will be updated to address the following:  Parking for Multi-Unit Housing: The County current standards are slightly higher than the standards established for the State density bonus program. The County will reduce the parking requirements to match the State density bonus requirements.  Supportive Housing: Pursuant to State law (Government Code Section 65650 et seq.), parking requirements are prohibited for supportive housing developments of 50 units or fewer meeting certain requirements and located within one-half mile of a transit stop.  Emergency Shelters: Government Code Section 65583 requires that parking standards for emergency shelters be established based on the number of employees only, not based on shelter capacity (such as number of beds).

 By December 2023, amend Title 24 of the Municipal Code to reduce parking requirements for multi-unit housing, and to revise parking requirements for supportive housing meeting certain criteria and emergency shelters.

Development projects in the County are required to make on- and off-site improvements. The Objective Design Standards that the County has been working on impact only on-site improvements and cover a property up to the right of way. Many rural communities in the unincorporated areas do not have standardized requirements for off-site improvements (such as streetscape improvements), which can make development uncertain and add costs.

 By December 2025, establish objective development standards for off-site improvements.

Availability of water is a significant constraint to housing development in the County and beyond. The County will pursue several strategies to mitigate this constraint to the extent feasible. The State has a new requirement for county jurisdictions to take over very small water connections and wells (less than 20 connections). DPW has requested proposals for a development of a Marin County Drought and Water Shortage Risk Mitigation Plan that would include the small water districts and coordination with all other Marin Water districts. The Housing Division will work with DPW with the goal of issuing the RFP for the mitigation plan in 2025.

 Continue to promote sustainability strategies (such as water conservation and recycling).  Beginning in 2023, collaborate with water service providers to conduct a strategic water supply assessment in 2023 to evaluate increased supply within Marin (e.g., increased reservoir capacity, new reservoir(s), increase use of recycled water, desalinization plant) and external to Marin (e.g., EBMUD, Russian River water).  Annually, pursue funding for infrastructure improvements to facilitate affordable housing development.  Issue RFP for the Drought and Water Storage Risk Mitigation Plan in 2025. see also pr. 12: Septic for Multi-Unit Housing.  Upon adoption of the Housing Element, submit it to all water and sewer districts and notify all water and sewer districts of the requirement to prioritize water allocation for new affordable housing development (Government Code Section 65589.7).

Parts of the County have no sewer services, with properties relying on individual onsite septic systems. The County will pursue strategies to address this constraint to multi-unit development.

 In 2023 initiate a study to identify alternative approaches to sewage disposal (e.g., package plants, community systems, incinerator toilets, etc.). Upon completion of the study, update by 2024 the County’s methodology for calculating septic capacity.  In 2024, develop standards for multi-unit development in septic areas.  Annually, pursue funding for infrastructure improvements to facilitate affordable housing development.

Reasonable Accommodation provides flexibility in the implementation of land use and development regulations in order to address the special housing needs of persons with disabilities. The review and approval process of Reasonable Accommodation requests may delay a person’s ability to access adequate housing. The County will expedite Reasonable Accommodation requests. (see also pr. 21: Rehabilitation Assistance for funding available to assist lower income households in making accessibility improvements.)

 Beginning in 2023, offer expedited review and approval of Reasonable Accommodation requests.

Universal design is the design of buildings or environments to make them accessible to all people, regardless of age, disability, or other factors. Universal design goes beyond ADA requirements but may add to the cost of construction. Typically, local governments incentivize the use of universal design principles. Currently, visitability is a requirement for HUD-funded single-unit or owned-occupied housing. Visitability refers to housing designed in such a way that it can be lived in or visited by people who have trouble with steps or who use wheelchairs or walkers. The County may consider expanding the visitability requirement to multi-unit housing.

 In 2024, study policies and/or incentives to encourage requirements for universal design and visitability, and develop them by 2025 for implementation.

Agricultural operations represent an important component of the County’s economic base. Most farming operations are small dairies, individually employing a small number of farmworkers. These farms often do not have the ability to provide housing for all their workers. Year-round fishery operations also employ a significant number of workers collectively. In addition, Marin County is a popular tourist destination. Farmworkers, fishery workers, and hospitality employees typically earn lower incomes and have limited affordable housing options. The County will explore policies that facilitate the provision of affordable housing for these workers. Potential considerations include:  Setting aside a specific percentage of affordable housing units for farmworkers within larger affordable housing developments.  Partnering with other jurisdictions, farm operators, hotels, and other hospitality employers in the region to contribute to an affordable housing fund or a community land trust. Funding collected can be used to acquire, develop, and/or rehabilitate housing for farmworkers.  Requiring hospitality employers to provide housing to temporary employees during peak seasons.

 By December 2025, develop strategies for addressing farmworker and hospitality worker housing, with the goal of increasing housing for these employees by 20 percent.  Annually convene with interested employers and affordable housing developers to pursue implementation of strategies for affordable housing and pursue funding at state and federal levels.  In 2028, assess the effectiveness of strategies and modify the approach if necessary, by 2029.

The County is actively pursuing Project Homekey opportunities in order to provide permanent supportive housing for people experiencing homelessness. Homekey is an opportunity for the County to pursue funding for the development of a broad range of housing types, including but not limited to hotels, motels, hostels, single-family homes, multi-unit apartments, adult residential facilities, and manufactured housing, and to convert commercial properties and other existing buildings to permanent or interim housing for the homeless.

 In 2023, identify locations that may be appropriate as Project Homekey sites and conduct outreach to interested nonprofit developers to pursue funding from HCD.  Pursue Project Homekey funding annually and if Project Homekey funds become unavailable, pursue other funding sources.  Develop 20 units using Project Homekey over eight years.

The County has a high proportion of aging residents. Many have expressed the need for additional senior housing options, specifically allowing seniors to trade their current homes for other housing that requires less maintenance, is designed to accommodate the mobility needs of seniors, and is more affordable. The County will pursue a variety of housing options for seniors.

 In 2023, explore expansion of home match services to help match over-housed seniors with potential lower income tenants or other seniors to save on housing costs.  In 2024, develop incentives and development standards to facilitate various senior housing options (such as senior apartments/homes, co-housing, assisted living, residential care, memory care, and board and care, etc.).

The County may explore options for limiting short-term rentals in all areas of the unincorporated County including West Marin that currently has a moratorium that is set to expire in 2024 in order to preserve housing units for permanent residential use. Strategies may include:  Prohibiting short-term rentals (no less than 30 days allowed)  Limiting the number of days the unit can be used for short-term rentals  Prohibiting short-term rentals in all multi-unit dwellings  Allowing for short-term rentals if the property is the owner’s primary residence  Benchmarking the number of short-term rentals allowed to no more than a specific percentage of the community’s rental housing stock

 In 2024, evaluate and adopt strategies for regulating shortterm rentals.

The vacancy rate in the unincorporated County is about 10 percent with close to 60 percent of vacant units used for recreational, seasonal, and occasional purposes. Accessory Dwelling Units in more affluent portions of the unincorporated County are often not occupied as housing units. A vacant home tax is an emerging strategy for discouraging leaving homes unoccupied for extended periods of time.

 In 2024, study the feasibility of a vacant home tax as a strategy to discourage unoccupied housing units and increase revenue for affordable housing. If appropriate, pursue ballot measures in 2025 to establish tax.

The Marin County Landlord Registry was established in 2019 and requires landlords to report rents and general occupancy information for all rental properties subject to the Just Cause for Eviction ordinance. While the registry is designed to collect data on the rental market, the data provides an incomplete picture since a large portion of rental units are exempt from the Just Cause for Eviction ordinance. Also, the County Development Code prohibits conversion of multi-unit rental units into condominiums unless the vacancy rate exceeds five percent and the change does not reduce the ratio of multi-unit rental units to less than 25 percent of the total number of dwelling units in the County.

 Continue to implement the Landlord Registry and Condominium Conversion ordinance.  In 2024, expand Landlord Registry requirements to cover all rental units in the unincorporated County.

Unincorporated Marin

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6th Cycle Programs

Overview of Program Deliverables

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