Fairfax draft housing element ready for state review

Fairfax is the last municipality in Marin County to submit its initial draft housing element to the state for review.

Town officials expected to submit the planning document to the state Department of Housing and Community Development on Friday, Town Manager Heather Abrams said.

Under the state mandate, Fairfax must permit 490 more homes in the next eight-year planning cycle. The plan must include programs and policies to allow at least 86 more residences designated for low-income households and 149 for very-low-income households.

Town staff had prepared a plan to accommodate 583 new residences in the 2023-2031 cycle. After a lengthy public hearing before the Town Council on May 3, staff had some late edits to make before shipping the planning document to the state.

“The changes directed by the council resulted in a net increase of 25 units,” Abrams said.

One edit involved removing a 7-acre swath of land atop Summit Road near Sky Ranch. The area had been earmarked for a potential capacity of four detached homes.

Councilmember Barbara Coler suggested nixing that property from the list because there are ongoing negotiations to preserve land in the area as open space.

Coler said 615 Oak Manor Drive had been designated for 10 detached homes, but the property owner is interested in a development with seven homes, seven accessory dwelling units and 20 apartments.

“I really do think we should consider putting this one in the pipeline,” Coler said.

The housing plan includes “pipeline projects,” which are proposals that are in a pre-application stage. They includes a project at School Street Plaza, where 175 new residences are being proposed, and at the Fairfax Market, where eight residences are planned. The housing element also includes a projected 20 accessory dwelling units or junior accessory dwelling units a year.

One site, the former Marin Town and Country Club property, a 25-acre lot off Pastori Avenue, was removed from the housing site inventory because it is not zoned for housing. A rezoning would require voter approval to overturn a measure approved in the 1970s designating the land as commercial recreation.

Previously, the site was listed for a potential of about 200 to 400 residences.

At a workshop last month, consultant Andrew Hill said the staff consulted with the state housing department on the issue. State staff advised Fairfax that it would need to have a housing inventory that demonstrates “sufficient capacity” to meet the housing quota with a buffer without the Marin Town and Country Club site.

At the public hearing on May 3, the council had questions about the property. The council asked if the property was rezoned and housing built on it, whether those new residences would count toward the housing quota even if it is not a designated site.

“In a word, yes,” Hill said. He said that during the implementation of the housing element, any new residences built or permitted count towards the town’s allocation.

The council then asked for the property to be mentioned within an appendix, so that there is some documentation of the desire for housing there.

Some residents voiced concern about the plans for School Street Plaza.

Town officials warned that the town could face penalties if it doesn’t meet the state mandate, and the School Street Plaza site will help get over that hurdle. Penalties can include limited access to state funding for transportation, road and capital improvements; fines of up to $600,000 a month; and lawsuits.

Losing local control of how development gets done in town is a major concern, said Councilmember Lisel Blash.

“I just want us to focus on doing as much infill as possible, which is why you know School Street is actually a good option, and it uses as little open space as possible,” she said.

The document includes plans for several zoning amendments, which the town would need to adopt by Jan. 31.

Concurrently, the town staff is working on a revised environmental review. The draft EIR will be available for review this summer.

The staff expects to receive comments from the state in August. After that reply, a public hearing will be scheduled to adopt the final draft of the housing element.

More information on the housing element is online at townoffairfax.org/housing-element.