Fairfax is on track to miss the deadline set by the state to submit a new housing plan.
A consultant for the town’s housing element update presented a plan with an extended timeline to the Fairfax Town Council on Nov. 16.
Andrew Hill of Dyett & Bhatia Urban and Regional Planners in Oakland told the council that the town is likely looking at June to submit its final housing plan to the state. Missing the state deadline — set for May 31 — will constrain the city to a more limited window to implement zoning changes identified in the housing plan.
Hill said communication with the state would avoid any penalties or warnings. He said the state is looking for municipalities to demonstrate a “good faith effort and substantial progress.”
Fairfax is required to allow 490 new residences over the next eight years, including 86 designated low-income and 149 very-low-income. As in other Marin cities and towns, residents have balked at the requirements, citing limited space and resources to meet the mandate.
Hill said it would be “challenging” to meet the May deadline under the current conditions.
The town still needs to initiate a mandated 30-day review of the draft housing element before it submits to the state. The state will then have 90 days to review the draft and provide comments.
The town is tentatively planning to release the draft for public review in February. The tentative state review period would be from March to May. A 45-day public review of the draft environmental impact report would follow.
The priority, Hill said, will be public review of the draft. Planners hope to break up the report into pieces and deliver them to the town for review. The subcommittee working sessions are set to align with consultation with the state about the status of the project.
The statutory deadline for adoption is Jan. 31. There is a 120-day grace period until May 31. If the adoption occurs within the grace period, the town will have three years to make the necessary zoning updates. If the town adopts outside of the grace period, it will have one year to implement the required zoning changes.
“Overall we think this is really going to streamline the pathway to certification and project completion,” Hill said.
The town plans to focus on four components: the inventory of available sites for housing; the projection of realistic capacity; assessment of housing needs, constraints and fair housing issues; and a plan for implementation.
Hill said the town has work to do related to the constraints analysis in infrastructure, zoning and processing times. The consultants also need to develop a more comprehensive review of fair housing issues in Fairfax, he said.
More work is also needed on the site inventory, he added. Additional work is required to determine where the town could meet the required housing capacities, confirm site eligibility and the viability of non-vacant sites.
David Woltering, the town’s planning director, said that the consultancy was hired at the town’s Oct. 13 meeting. The town had previously worked with Monterey-based EMC Planning Group on the preparation of the report, according to previous staff reports.
“The Town has had challenges maintaining its schedule for completing this project to date and assuring clear and current website communication about the project with the community members,” according to a staff report from the Oct. 13 meeting.
The budget proposed by Dyett & Bhatia to complete the project is $621,924, according to a staff report. The town paid the previous consultant $279,162.62 through June 30. Additional invoices through Sept. 30 have been received, but not approved. They total $212,001.98.
Councilmember Barbara Coler said she hopes that the town can “tighten up” timelines throughout the process to possibly make the May deadline.
