Robert Brown, Community Development Director Hans Grunt, Senior Planner REGULATIONS FOR TENANTING, MANAGEMENT AND SAFETY FOR MULTI - FAMILY HOUSING

Similar documents
CITY COUNCIL OF THE CITY OF NOVATO ORDINANCE NO. 1603

PLANNING COMMISSION AGENDA REPORT. 17-CA-02 Accessory Dwelling Unit Ordinance. Jon Biggs, Community Development Director

CITY COUNCIL OF THE CITY OF NOVATO ORDINANCE NO. 1602

ORDINANCE NO. 17- WHEREAS, Ordinance No , by law, is effective for only 10 months and 15 days and expires on January 26, 2017; and

ORDINANCE NO. WHEREAS, periodically the Conservation, Development and Planning Department

ORDINANCE NO

ORDINANCE NO

CITY COUNCIL OF THE CITY OF NOVATO

AGENDA REPORT SUMMARY. Express Short-Term Rental Prohibition. Jon Biggs, Community Development Director and the City Attorney s Office

Draft Ordinance: subject to modification by Town Council based on deliberations and direction ORDINANCE 2017-

CITY OF LOS ALTOS CITY COUNCIL MEETING June 9, 2015

CITY OF WILDOMAR PLANNING COMMISSION Agenda Item #2.3 PUBLIC HEARING Meeting Date: January 6, 2016

ORDINANCE NO. STRTF Review

ORDINANCE NO. XXXX. WHEREAS, the proposed Rezone has been processed pursuant to Section , Title 9 of the Municipal Code; and

ORDINANCE NO. The Board of Supervisors of the County of Sonoma, State of California, ordains as follows:

Agenda Item No. October 14, Honorable Mayor and City Council Attention: David J. Van Kirk, City Manager

ORDINANCE NO REPORT OF RESIDENTIAL BUILDING RECORD)

BRUCE BUCKINGHAM, COMMUNITY DEVELOPMENT DIRECTOR JANET REESE, PLANNER II

PUBLIC HEARING Agenda Item No.: 9a CC Mtg.: 05/24/2011

The City Council makes the following findings:

FULL TEXT OF MEASURE I CITY OF YORBA LINDA

1069 regarding Accessory Dwelling Units (ADUs) were signed into law; and

ORDINANCE NO

CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

ATTACHMENT 4. PLANNING COMMISSION RESOLUTION No RECOMMENDATION REGARDING ZONING AMENDMENTS

ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY REPEALING AND REPLACING CHAPTER RE: INCLUSIONARY HOUSING

OAKLAND CITY COUNCIL

RESOLUTION NUMBER 4238

ORDINANCE NO. WHEREAS, City staff plan to present recommendations regarding just cause eviction policies no later than May 28, 2015; and

RESOLUTION NO

ADOPT A RESOLUTION REGARDING

Stenberg Annexation Legal Diagram Exhibit "B" W Subject Property Annexed to the City of Red Bluff VICINITY MAP "1:3:

URGENCY ORDINANCE NO. 1228

CITY OF PALMDALE COUNTY OF LOS ANGELES, CALIFORNIA RESOLUTION NO. CC

PROPOSED INCLUSIONARY ORDINANCE

ORDINANCE NO

makes the following findings:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, ORDAINS that:

City Manager's Office

THE CITY OF LAKE FOREST ORDINANCE NO. AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE TO ESTABLISH A HOUSING TRUST FUND BOARD

Item 10C 1 of 69

ORDINANCE NO

ATTACHMENT 1 ORDINANCE ZONING AMENDMENTS

CITY OF RIO VISTA PLANNING COMMISSION STAFF REPORT

ORDINANCE NO

ORDINANCE NO

ORDINANCE NO ( 2ND READING) AMENDING TITLE 17 ( RENT STABILIZATION) OF THE WEST HOLLYWOOD. and adopt Ordinance No ,

CITY COUNCIL REPORT 2006-xx

CITY COUNCIL STAFF REPORT

PRESENTER: Christopher Blunk, Deputy Public Works Director / City Engineer

ORDINANCE NO

ORDINANCE NO The Bear Valley Community Services District Board of Directors ordains as follows:

TOWN OF AVON, COLORADO ORDINANCE NO SERIES OF 2014

direct that agriculture is the primary land use in the County, minimize conflicts arising from

RESOLUTION NO. PC 18-14

CITY OF WILDOMAR PLANNING COMMISSION Agenda Item #2.1 PUBLIC HEARING Meeting Date: June 6, 2018

Planning & Transportation Commission Staff Report (ID # 8862)

OAKLAND CITY COUNCIL

Barton Brierley, AICP, Community Development Director (Staff Contact: Barton Brierley, (707) )

CITY OF WILDOMAR PLANNING COMMISSION Agenda Item #2.3 PUBLIC HEARING Meeting Date: June 6, 2018

Mammoth Lakes Town Council Agenda Action Sheet

DRAFT- FOR REVIEW BY COUNCIL ON 1/8/19 ORDINANCE NO. XXXX

ORDINANCE NUMBER 1296 Page 2

ORDINANCE NO. WHEREAS, many Vacation Rentals are currently operating throughout Mendocino County; and

ORDINANCE NO XX

CITY COUNCIL SUMMARY REPORT. Agenda No. (,.J Key Words: Southwest Dixon, General Plan, Specific Plan Rezone Meeting Date: May 18, 2016

CITY OF ALAMEDA ORDINANCE NO. New Series

ORDINANCE NO THE CITY COUNCIL OF THE CITY OF MANHATTAN BEACH DOES HEREBY ORDAIN AS FOLLOWS:

ORDINANCE NO The Board of Supervisors of the County of San Joaquin ordains as follows:

THE PEOPLE OF THE CITY OF LOS ANGELES DO HEREBY ORDAIN AS FOLLOWS:

PLANNING COMMISSION STAFF REPORT June 18, 2015

IMPARTIAL ANALYSIS BY CITY ATTORNEY MEASURE City of Emeryville

City of Calistoga Staff Report

~ ~ Steve Marshall Planning & Environmental Services Manager

RESOLUTION 5607 (10) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lompoc as follows:

ORDINANCE NO. ORD ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20

County of Sonoma Agenda Item Summary Report

AN ORDINANCE OF THE NAPA COUNTY BOARD OF SUPERVISORS, APPROVING THE DEVELOPMENT AGREEMENT BETWEEN NAPA COUNTY AND NAPA REDEVELOPMENT PARTNERS, LLC

MEMORANDUM. TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR

CITY OF ALAMEDA ORDINANCE NO. New Series

CITY OF SAN MATEO URGENCY ORDINANCE NO. 2018

RESOLUTION NO. WHEREAS, on April 8, 2008, the City Council adopted Resolution No to establish parkland fees for secondary units; and

820 BEL MARIN KEYS BOULEVARD, NOVATO ASSESSOR'S PARCEL * * * * * * * * * * * * * * * * * * * * * * * *

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

.. ~ ORDINANCE NO. 3068

ORDINANCE NO City Attorney Summary

Planning Commission Staff Report August 6, 2015

Christopher J. Blunk, Deputy Public Works Director/ City Engineer

ORDINANCE NUMBER WHEREAS, the regulation of development in single-family residential districts is within the police powers of the City; and,

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

And adopted at a regular meeting of the City Council of the City of Pleasanton on May 2, 2017 by the following vote:

Memorandum TO: HONORABLE MAYOR AND CITY COUNCIL. FROM: Planning Commission. DATE: September 28, 2015 SUBJECT: SEE BELOW COUNCIL DISTRICT: 3

ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

ORDINANCE NO AN ORDINANCE AMENDING CHAPTERS 3.32 OF THE ALAMEDA COUNTY GENERAL ORDINANCE CODE REGARDING MOBILE HOME RENT REVIEW PROCEDURES

BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT MARCH 26, 2015

July 31, Marin County Board of Supervisors 3501 Civic Center Drive San Rafael, CA 94903

DATE: September 18, 2014 TO: Planning Commission FROM: Douglas Spondello, Associate Planner

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

ORDINANCE NO xxxx

Sec. 2. Division 95 of Article 1 of Chapter IX of the Los Angeles Municipal Code is amended in its entirety to read as follows: ARTICLE 1, DIVISION 95

Transcription:

STAFF REPORT DATE: September 1, 2015 TO: FROM: City Council Robert Brown, Community Development Director Hans Grunt, Senior Planner 922 Machin Avenue Novato, CA 94945 (415) 899-8900 FAX (415) 899-8213 www.novato.org SUBJECT REGULATIONS FOR TENANTING, MANAGEMENT AND SAFETY FOR MULTI - FAMILY HOUSING REQUEST Consider holding a public hearing and introducing, and at a subsequent meeting adopting, an ordinance incorporating regulations for tenanting, management and safety for multi-family housing. RECOMMENDATION Hold public hearing and introduce ordinance. BACKGROUND AND PROJECT DESCRIPTION Program 5.A of the Housing Element of the Novato General Plan calls for measures to ensure adequate tenanting, management and safety for multi-family housing (three or more units contained in a building): Program 5.A Ensure Adequate Tenanting, Management and Safety for Multi-family Housing. Ensure adequate tenanting, management and safety for multi-family housing by implementing the following: a. As legally permissible, initiate City provisions for review of the management of multifamily housing to implement best management practices. Zero tolerance for criminal activity is a goal. Programs should apply to projects of a defined size and/or type. Best management practices should include, but not be limited to, addressing the following performance measures: 1. Property management staffing 2. Tenant selection plan 3. Lease agreement 4. Security-minded design 5. Resident services 6. Community and activity space cc15_132 1 1

7. Communication b. Investigate additional City and/or community-based programs to reduce crime in multi-family housing, including Crime-Free Program and voluntary programs initiated by multi-family housing managers. Consider the benefits/permissibility of restricting access to sites for residents and invited guests only (monitored by onsite manager) and encouragement of social opportunities to engage the residents and build a sense of ownership and community. Current Enforcement Provisions Pursuant to Division 4-14 of the Municipal Code, the City s Code Enforcement Division has carried out a city-wide periodic housing inspection program for multi-family rental housing for over eight years in an effort to ensure the proper maintenance of existing housing stock. There are currently 3,509 rental units in 181 apartment developments covered in the City s Periodic Housing Inspection Program (see list attached). The provisions of Division 4-14 also require the owner of a multifamily rental building(s) to post in a conspicuous place the name, address and contact information of the resident caretaker/manager. For rental projects of 16 units or more, Division 4-14 calls for the manager or owner (serving as manger) to reside on site or staff an office on site between the hours of 8:00am and 5:00pm, and post in a conspicuous place contact information for the manager to receive tenant calls/complaints during all other hours. Additionally, the City requires the owner of each new multi-family housing project that contains affordable housing units (MFAHP) to enter into an Affordable Housing Agreement in the City s standard form (AHA). The AHA requires that the owner of the MFAHP submit a Management Plan and a Management Agreement to the City for review and approval. The Management Plan is required to include provisions for property management staffing, tenant selection, standard tenant leases, grievance procedures, security measures, describe the provided resident services, set forth the rules of conduct, and identify the contact person for communications between the tenants and the owner and the City and the owner. These provisions apply to all units in the development not just the affordable units. In addition, the Management Agreement provides that the manager of the development must adhere to the Management Plan, and provides a mechanism for removal and replacement of the manager if problems persist. Currently, these requirements are not applied to multi-family projects that do not contain affordable units as such projects do not enter into the standard affordable housing agreement with the City. Crime-Free Multi-Family Housing Program Initiative In November 2013, staff from the Novato Police Department and Code Enforcement Division commenced implementation of a voluntary Crime-Free Multi-Family Housing Program (Program) aligned with an international program. The international Program began in 1992 and is now implemented in over 1400 cities in 40 states. Novato s Program is offered to owners/operators of multi-family (three or more units) rental housing City-wide (see Program Flyer attached). The Crime-Free Multi-Family Housing Program directly implements steps called for in Program 5.A, b. To date, the staff from the Novato Police Department and Code Enforcement Division within the Community Development Department have hosted six seminars on the Crime Free Multi- Housing Program (an overview of the Crime-Free Multi-Family Housing Program is attached). cc15_132 2 2

Planning Commission Recommendation and City Council Direction: On April 6, 2015, the Planning Commission held a public hearing to consider regulatory options for tenanting, management and safety requirements for multi-family housing and recommended to City Council approval of tenanting, management and safety requirements for all new multi-family housing developments of 16 units or more and existing multi-family of 16 units or more seeking new entitlements. On April 21, 2015, the City Council held a public hearing to consider regulatory options for tenanting, management and safety requirements for multi-family housing and the April 6, 2015 recommendation of the Planning Commission, and by way of vote, 3-1-1, directed staff to prepare tenanting, management and safety requirements for all new multi-family housing developments of 16 units or more and existing multi-family of 16 units or more seeking new entitlements. STAFF ANALYSIS The City has taken significant steps to implement Program 5.A through the Crime-Free Multi- Family Housing Program. In addition, the affordable housing program and the Periodic Housing Inspection Program also are geared toward achieving the goals of Program 5.A. However, by way of direction at their April 21 st hearing, the City Council identified an additional opportunity to both maintain and improve the operation of housing within the City; the Council directed staff to prepare implementation and operational standards for tenanting, management and safety for multi-family rental housing of 16 units or more for their consideration and adoption. In response to Council s April 21 st direction, staff has prepared the attached draft Ordinance amendment to Chapter IV of the Novato Municipal Code as drafted in Exhibit A, which are intended to codify requirements City-wide for tenanting, management and safety for all new multi-family housing developments of 16 units or more and existing multi-family developments of 16 units or more seeking new habitable area of 500sf. or greater or any number of new housing unit(s) and which currently includes or which after new construction will include 16 or more units of rental housing at any time. These requirements are intended to provide standards to guide operation of housing projects where people live in close proximity to one another in order to promote a safe, harmonious, attractive and sustainable community and protect the character, social and economic stability of the neighborhoods in which such projects are located. In addition, these standards will serve to improve the quality of life of residents of such projects and the surrounding areas, including visitors, by providing best management practices for staffing, tenant selection, security, grievance processes and other minimum operational standards. FISCAL IMPACT Requiring a management plan for new multi-family rental housing of 16+ units and any existing multi-family rental housing of 16+ dwelling units seeking new entitlements would add minimal staff time and cost as it would essentially be extending the City s management plan provisions currently applied to projects containing affordable housing, which new multi-family housing developments of 16+ units typically include. cc15_132 3 3

ENVIRONMENTAL ASSESSMENT Pursuant to CEQA Guidelines Section 15162 no new effects could occur and no new mitigation measures would be required, and pursuant to City Council Resolution No. 110-14 the Project is within the scope of the Certified EIR as set forth in CEQA Guidelines Section 15168 (C)(2). No further or additional environmental review is required relating to the implementation of HO Program 5.A of the 2015-2023 Novato Housing Element, and the Municipal Code amendment at issue herein. Please see the attached draft Ordinance for a complete CEQA reference, findings and facts in support for the application of CEQA Guidelines Section 15168 to the Municipal Code amendments at issue herein. ALTERNATIVES Approve the amendments to the Municipal Code by introduction of the attached ordinance including Exhibit A as drafted therein. Modify the proposed amendment. Continue consideration of the amendment for further analysis, or Not introduce amendments to the Municipal Code. ATTACHMENTS 1. Draft Ordinance - Section 4-15 Tenanting, Management, and Safety for Multi-Family Housing, including Exhibit A. 2. List of existing multi-family housing of 16+ dwelling units in the City of Novato. 3. Program Flyer City of Novato Crime-Free Multi-Family Housing Program. 4. Crime-Free Multi-Family Housing Program Overview. cc15_132 4 4

CITY COUNCIL OF THE CITY OF NOVATO ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NOVATO ADDING SECTION 4-15 TENANTING, MANAGEMENT, AND SAFETY FOR MULTI-FAMILY HOUSING TO CHAPTER IV, BUILDING AND HOUSING, OF THE NOVATO MUNICIPAL CODE TO INCLUDE PROVISIONS FOR A MANAGEMENT PLAN FOR MULTI FAMILY RENTAL HOUSING INCLUDING 16 OR MORE UNITS AND FINDING THAT THE PROJECT IS WITHIN THE SCOPE OF A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT AND MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTION 15162 AND 15168(C)(2) WHEREAS, Section 4-14 Apartments and Hotels; Periodic Housing Inspection Program and Caretaker Requirements of Chapter IV Building and Housing of the Novato Municipal Code, was established and adopted by City Council to protect the public health, safety and welfare, by ensuring the proper maintenance of such housing, by identifying and requiring correction of substandard housing conditions in such housing, and by preventing conditions of deterioration and blight in such housing that could adversely affect economic conditions and the quality of life in the city; and WHEREAS, in keeping with Section 4-14, the City desires to further advance the City s efforts to protect the public health, safety and welfare, by ensuring adequate tenanting, management and safety for multi-family housing, by the implementation of Section 4-15 - Tenanting, Management and Safety for Multi-Family Housing; and WHEREAS, Division 4-15 specifically implements the following program of the 2015-2023 Housing Element of the City of Novato s General Plan: Program 5.A Ensure Adequate Tenanting, Management and Safety for Multifamily Housing. Ensure adequate tenanting, management and safety for multi-family housing by implementing the following: a. As legally permissible, initiate City provisions for review of the management of multi-family housing to implement best management practices. Zero tolerance for criminal activity is a goal. Programs should apply to projects of a defined size and/or type. Best management practices should include, but not be limited to, addressing the following performance measures: 1. Property management staffing 2. Tenant selection plan 3. Lease agreement 4. Security-minded design 5. Resident services 6. Community and activity space ord635 1 5

7. Communication WHEREAS, on November 18, 2014, the City Council did conduct a public hearing on the 2015-2023 Housing Element, and including the Final Environmental Impact Report (FEIR) and its accompanying Mitigation Monitoring and Reporting Program, and did consider all oral and written testimony submitted to the City regarding the same prior to taking its action, by Resolution 100-13, regarding the 2007-2014 Housing Element, inclusive of Programs 5.A calling for tenanting, management and safety for multi-family housing at issue herein; and by separate Resolution No. 99-13, adopted prior hereto, the City Council did certify an EIR (Certified EIR) for the 2007-2014 Housing Element, including its related goals, policies and programs and did consider the Certified EIR and identified mitigation measures prior to taking action on the 2007-2014 Housing Element; and WHEREAS, by Resolution No. 110-14, the City Council did find that the City of Novato Housing Element, 2015-2023, and the policies and programs contained therein, inclusive of Program 5.A, is within the scope of the Certified FEIR, is adequately described in the Certified FEIR and that no new environmental document is required pursuant to CEQA Guidelines Section 15162; and WHEREAS, on April 6, 2015, the Planning Commission held a public hearing to consider regulatory options for tenanting, management and safety requirements for multi-family housing and recommended to City Council approval of tenanting, management and safety requirements for all new multi-family housing developments of 16 units or more and existing multi-family of 16 units or more seeking new entitlements; and WHEREAS, on April 21, 2015, the City Council held a public hearing to consider regulatory options for tenanting, management and safety requirements for multi-family housing and the April 6, 2015 recommendation of the Planning Commission, and by way of vote, 3-1-1, directed staff to prepare tenanting, management and safety requirements for all new multi-family housing developments of 16 units or more and existing multi-family of 16 units or more seeking new entitlements. Such amendments are set forth in Exhibit A, attached hereto and referred to hereafter as the Project ; and WHEREAS, a public notice describing the City Council's public hearing on the Project, including the environmental determination, pursuant to CEQA Guidelines Section 15168, and its pending action on the Project was sent to the ownership of all known existing multi-family rental developments within the City of Novato of 16 units or more, all persons requesting notice pursuant to Section 19.58.020 of the Novato Municipal Code, posted on the City s website, and published in the Marin Independent Journal, a newspaper of local circulation, on August 23, 2015; and WHEREAS, the City Council did conduct a public hearing on September 1, 2015 on the Project, including an environmental determination, and did consider all oral and written testimony submitted to the City regarding the same prior to taking its actions on the Project, including the environmental determination; and WHEREAS, the location and custodian of the records is the Novato Community Development Department, 922 Machin Avenue, Novato, California, 94945. 2 6

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NOVATO DOES FIND AND ORDAIN AS FOLLOWS: Section 1. Record: The Record of Proceedings ("Record") upon which the City Council bases its decision includes, but is not limited to: (1) the Certified EIR and the appendices and technical reports cited in and/or relied upon in preparing the Certified EIR, (2) the 2015-2023 Housing Element, (3) the staff reports, City files and records and other documents, prepared for and/or submitted to the City relating to the Final EIR, the 2015-2023 Housing Element and the Project, (4) the Planning Commission recommendation regarding the Project, (5) the evidence, facts, findings and other determinations set forth in this Ordinance, (6) the City of Novato 1996 General Plan and its related Final EIR and the Novato Municipal Code, (7) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the City during the comment period relating to the Certified EIR, the 2015-2023 Housing Element and the Project, (8) all other matters of common knowledge to the City including, but not limited to, City, State, and Federal laws, policies, rules, regulations, reports, records and projections related to development within the City of Novato and its surrounding areas. Section 2. Findings: A. General Plan Consistency. The proposed amendments to Chapter IV of the Novato Municipal Code as set forth in Exhibit A attached hereto which set forth tenanting, management and safety requirements for all new multi-family housing developments of 16 units or more and existing multi-family developments of 16 units or more seeking new entitlements, are consistent with and advance the goals, objectives, policies and programs of the Novato General Plan, including the Housing Element, and the Downtown Novato Specific Plan, including: 1. Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive and sustainable community; 2. Implement the uses of land designated by the Novato General Plan and Downtown Specific Plan; 3. Maintain and protect the value of property; 4. Protect the character, and social and economic stability of residential, commercial and industrial areas; 5. Assist in maintaining a high quality of life without causing unduly high public or private costs for development or unduly restricting private enterprise, initiative or innovation in design. More specifically, the proposed amendment to Chapter IV of the Novato Municipal Code are consistent with and specifically implement the following General Plan program: 3 7

Program 5.A Ensure Adequate Tenanting, Management and Safety for Multi- Family Housing. Ensure adequate tenanting, management and safety for multi-family housing by implementing the following: a. As legally permissible, initiate City provisions for review of the management of multi-family housing to implement best management practices. Zero tolerance for criminal activity is a goal. Programs should apply to projects of a defined size and/or type. Best management practices should include, but not be limited to, addressing the following performance measures: 1. Property management staffing 2. Tenant selection plan 3. Lease agreement 4. Security-minded design 5. Resident services 6. Community and activity space 7. Communication Facts in Support: The proposed amendment to Chapter IV of the Novato Municipal Code as drafted in Exhibit A provides for tenanting, management and safety requirements for all new multi-family housing developments of 16 units or more and existing multi-family developments of 16 units or more seeking new habitable area of 500sf. or greater or any number of new housing unit(s) and which currently includes or which after new construction will include 16 or more units of rental housing at any time. These requirements will provide standards to guide operation of housing projects where people live in close proximity to one another in order to promote a safe, harmonious, attractive and sustainable community and protect the character, social and economic stability of the neighborhoods in which such projects are located, In addition, adoption of these standards will improve the quality of life of residents of such project and the surrounding areas by providing best management practices for staffing, tenant selection, security, grievance processes and other minimum operational standards to provide a safe and secure environment for City residents and visitors. B. The proposed amendment to Chapter IV of the Novato Municipal Code as set forth in Exhibit A attached hereto would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because said amendments further the public interest, convenience and welfare inasmuch as it sets forth tenanting, management and safety requirements for multi-family housing developments of 16 units or more in order to further the safety and welfare of the Citizens and visitors of the City. Section 3. Environmental Review. The City Council hereby finds that, pursuant to CEQA Guidelines Section 15162 no new effects could occur and no new mitigation measures would be required, as set forth below and the Project is within the scope of the Certified EIR as set forth in CEQA Guidelines Section 15168 (C)(2). No further or additional environmental review is required relating to the implementation of HO Program 5.A of the 2015-2023 Novato Housing Element, and the Municipal Code amendment at issue herein. Specifically, the City Council finds that: 4 8

1. No substantial changes are proposed that were not already contemplated in the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Facts in Support: The Municipal Code amendment set forth in Exhibit A is consistent with the specified provisions called for in Program 5.A and as evaluated in the Certified EIR. No new significant environmental effects or a substantial increase in the severity of previously identified significant effects are identified relative to the Municipal Code amendments as drafted in Exhibit A. 2. No substantial changes have occurred with respect to the circumstances under which the Project is to be undertaken that would require revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Facts in Support: There are no substantial changes in the circumstances, including involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects that are related to implementation of the tenanting, management and safety requirements pursuant to the Municipal Code amendments in Exhibit A that would require revisions to the Certified EIR. 3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the FEIR was certified as complete shows any of the following: (a) The proposed Municipal Code amendment set forth in Exhibit A will have one or more significant effects not discussed in the Certified EIR; (b) Significant effects previously examined will be substantially more severe than shown in the Certified EIR; (c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Facts in Support: 1) The Municipal Code provisions contained in Exhibit A are consistent with the guiding provisions of Program 5.A from which they are based, and which were discussed in the Certified EIR. 2) There are no significant effects previously examined in the certified EIR that are deemed to be substantially more severe as a result of implementing the Municipal Code amendments as drafted in Exhibit A. 3) With implementation of the Municipal Code amendments set forth in Exhibit A, as drafted, there are no applicable mitigation measures or alternatives previously found not to be feasible that would in fact now be feasible and would substantially reduce one or more significant effects of implementing Programs contained in the 2015-2023 Novato Housing Element, including Program 5.A. 4) The proposed Municipal Code amendment 5 9

Section 4. as drafted in Exhibit A do not trigger the need for additional mitigation measures or alternatives inasmuch as they are consistent with the guiding provisions of Program 5.A from which they are based, and which were discussed in the Certified EIR. Adoption of Amendment to Municipal Code. Chapter 4 of the Novato Municipal Code is hereby amended to add Section 4-15 - Tenanting, Management and Safety for Multi-Family Housing as set forth in Exhibit A, attached hereto and incorporated herein by reference. Section 5. Severability: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied. Section 6. Publication and Effective Date: This ordinance shall be published in accordance with applicable provisions of law, by either: publishing the entire ordinance once in a newspaper of general circulation, published in the City of Novato, within fifteen (15) days after its passage and adoption, or publishing the title or appropriate summary in a newspaper of general circulation, published in the City of Novato, at least five (5) days prior to adoption, and a second time within fifteen (15) days after its passage and adoption with the names of those City Councilmembers voting for and against the ordinance; and This ordinance shall go into effect thirty (30) days after the date of its passage and adoption. * * * * * * THE FOREGOING ORDINANCE was first read at a regular meeting of the Novato City Council on the 1 st day of September, 2015, and was passed and adopted at a regular meeting of the Novato City Council on the day of, 2015. AYES: NOES: ABSTAIN: ABSENT: Councilmembers Councilmembers Councilmembers Councilmembers 6 10

Mayor of the City of Novato Attest: City Clerk of the City of Novato Approved as to form: City Attorney of the City of Novato 7 11

EXHIBIT A SECTION4-15 Tenanting, Management and Safety for Multi-Family Housing: 4-15.01 Declaration of Purpose. The Council finds that the establishment of provisions for tenanting, management and safety for multi-family rental housing is necessary to protect the public health, safety and welfare. Ensuring proper management, tenant screening, security measures, rules of conduct, and maintenance of multi-family developments is intended to prevent conditions of deterioration and blight in such housing, promote fair housing practices and prevent conditions that could adversely affect the quality of life in the City. 4-15.02 Applicability. The requirements of this Section shall apply to (1) all new multi-family rental housing developments of 16 units or more units; (2) all existing multi-family rental housing developments applying for any discretionary entitlement or building permit to increase the total square footage of the development by 500sf. or greater or which would add any number of new dwelling unit(s) to the development and which currently includes or which after new construction will include 16 or more units of rental housing.. 4-15.03 Requirements. Prior to the issuance of a building permit for a development subject to the provisions of this Section, the Owner of the project shall enter into a Housing Agreement, in the City s standard form, as the same may be amended from time to time. In the event that the development includes affordable housing units in accordance with Chapter 19.24 or Section 19.16.070 of the Novato Municipal Code, the City s standard Affordable Housing Agreement as required by Section 19.24.090 and/or Section 19.16.070 F.7 may take the place of the Housing Agreement. The Housing Agreement or Affordable Housing Agreement shall, at a minimum, address the following: A. Management. A requirement for Owner to provide to the City for review and approval a copy of the Management Agreement between Owner and the Manager or proposed Manager of the development including provisions for: (1) City inclusion as a third-party beneficiary permitting City the right to enforce such agreement; (2) right of the City to approve or disapprove such Management Agreement to the extent to ensure compliance of such agreement with the provisions of the Housing Agreement or Affordable Housing Agreement; (3) requirement for high quality property management, on-going grounds and property maintenance, implementation, monitoring and compliance and adherence to the Management Plan; and (4) right to require replacement of the Manager in the event the requirements of the Housing Agreement/Affordable Housing Agreement, Management Agreement or Management Plan are not adhered to. B. Management Plan. A requirement for the Owner to provide to the City a Management Plan for the management of the Project, which shall include but not be limited to each of the following minimum provisions, and which shall be subject to the review and approval of the City: 1. Rules and procedures for qualifying and screening tenants and filling vacancies. Said rules and procedures shall include anti-discrimination policies, waiting list policies, grievance process, eligibility certification process and unit transfer policies; 8 12

2. Measures to maintain security and crime prevention, including a process for addressing excessive police calls to the development; 3. Rules of conduct for tenants, including provisions for: drug free property; anti violence against women and other tenants; anti drug; smoking; storage and open space use; noise; alcohol in common areas, unlawful activities, annual inspections; parking; annual eligibility certification; grounds for eviction; 4. Process for handling tenant complaints/grievances; 5. Provisions for maintenance of the development and the property upon which the development is to be constructed including requirements for minimum maintenance standards, keeping the development free of waste or deterioration and in full compliance with all City ordinances; 6. Provisions for ongoing communications between management and tenants, management and Owner, City and management and City and Owner; 7. Provisions for on-site property management staffing; and 8. A copy of the standard lease agreement. C. City Approval. City approval of the Management Agreement and Management Plan shall be required prior to final inspection of the development and issuance of a certificate of occupancy therefore. 9 13

Multi-Family Housing Development of 16 or More Units within Novato s Rental Inspection Program as of 3-6-15: Parcel # ADDRESS # Units 1 125-610-21 31 Pinheiro--Nova Ro 3 40 2 140-021-61 1811 NOVATO BLVD--Walnut Creek 70 3 140-031-44 1725 NOVATO BLVD 30 4 140-031-64 1721 NOVATO BLVD 18 5 140-062-06 1599 SO. NOVATO BLVD---Bridge Creek--2 parcels 47 6 140-131-22 806 Diablo--Warner Creek 61 7 140-221-42 1500 SO NOVATO BLVD--The Meadows (Lark Ct) 99 8 140-273-41 1606 HILL RD--2 parcels 24 9 140-273-52/57 1610 HILL RD 18 10 140-273-53 711 DIABLO AVE 17 11 140-291-23 1511 SO NOVATO BLVD--Otavon 56 12 140-292-01 1524 (1518) HILL RD--Hill Valley 92 13 140-360-65 819 DIABLO AVE--Wyndover--4 parcels 136 14 141-211-18 1001 EIGHTH ST 18 15 141-212-18 1725 MARION AVE 166 16 141-221-47 44 JADE CT 18 17 141-221-62 2 ROMAR CT 46 18 141-234-06 1126 (1128) OLIVE AVE--Nova Ro 1 30 19 141-262-21 1221 VALLEJO AVE 20 20 141-271-23 1145 ELM DR--Elm Ct Apartments 40 21 141-340-23 1130 SEVENTH ST--Nova Ro 2 56 22 152-011-17 1486 SO NOVATO BLVD--The Oaks Apartments 58 23 152-111-29 325 ROWLAND BLVD 32 24 152-254-33 Redwood Landing Redwood/Cutlass--4 parcels 56 25 152-261-54 (24) COWBARN LN---Cowbarn Apartments 90 26 153-162-60 7020 REDWOOD BLVD 17 27 155-010-34 1009 GREENOAK DR--Hamilton Woods 180 28 155-490-90 22 KELLY CT--Creekside at Hamilton 77 29 155-541-07 5 HUTCHINS BAY VISTA @ MEADOW PARK 220 30 157-690-19 420 (410) SO. PALM DR--The Villa's 128 31 160-020-38 199 POSADA DEL SOL 65 32 160-020-47 235 POSADA DEL SOL--Posada West 38 33 160-020-50 200 POSADA DEL SOL--Posada East 55 34 160-040-20 1000 IGNACIO BLVD--Fairway Apartments-2 parcels 54 35 160-150-55 626 OWEN DR 50 36 160-161-12 450 ENTRADA DR--La Casa--7 parcels 89 37 160-201-26 391 ENTRADA DR 18 38 160-281-01 380(420) ALAMEDA DEL PRADO--Ignacio Gardens 96 1 14

39 160-302-30 195 LOS ROBLES RD 39 40 160-302-37 105 CIELO LN--Crooked Oak--5 parcels 87 41 160-421-09 980 IGNACIO BLVD--Country Club Apartments 18 42 160-611-01 Ignacio Hills 13 parcels, corner of Igancio and Alameda Del Prado 189 Grand Total 2758 2 15

16

Crime-Free Multi-Family Housing Program - Overview: Program Objectives: The Crime-Free Multi-Family Housing Program was designed to help tenants, owners, and the managers of rental property keep drugs and other illegal activity off their property. The program utilizes a unique three-phase approach to achieve the crime prevention goal (see Program Requirements below). The program goal is to have individual properties certified by the Novato Police Department (NPD) as a Crime-Free Property which includes the ability to market the property as a Crime-Free Property and may qualify owners for lower insurance rates while on program Establish an open line of communication between property owner/managers, NPD and Code Enforcement. Program Requirements to Receive Certification (conducted in three phases): First Phase Property managers attend an 8-hour seminar presented by NPD and Code Enforcement. The attendees learn about: Crime Prevention; Applicant Screening; Criminal Background Checks Crime Prevention Through Environmental Design (CPTED) see CPTED design features attached; Fair Housing/Serving Notices/Evictions/Premise Liability, and Lease addendum (all tenants must agree to and sign see attached). Second Phase NPD and Code Enforcement conducts a CPTED survey of the rental property and submit a list of needed improvements. CPTED improvement examples: Updated security lighting; 180 degree front door peep holes ; 3 screws installed on door striker plates, and Landscaping changes to provide visibility. Once list is completed, property can move onto third phase. Third Phase The property management hosts a crime prevention meeting for all tenants. These meetings are sometimes referred to as Safety Socials. NPD attends the meeting and gives a presentation to the tenants regarding the program, crime prevention information and what the tenants can do to help the program be successful. The meetings are subsequently arranged and held annually by property management. Maintaining Program Certification: 17

Rental properties must maintain program criteria and CPTED improvements and be re-certified every two years. Program Results: Nationally, rental properties with the highest crime rates see an average 90 percent reduction in calls for police service. Even well operated and maintained rental properties have seen a reduction of 15 to 20 percent in calls for police service. Through outreach (mail, e-mail, calls and site visits) the Novato Police Department has enrolled approximately 25 rental properties in the program to date. Of the participating developments, eleven have received full Crime-Free certification, including: Wyndover, 819 Diablo Ave. (136 units), 1221 Vallejo (20 units), 46 Clay Ct.(4 units), 1100 Fourth St. (9 units), 815 Sweetser (4 units), 1033 Sixth St. (9 units), Warner Creek Apartments, 806 Diablo Ave. (61 units), 1048 and 1052 Seventh St. (4 units), Marion Park, 1725 Marion Ave. (166 units), and The Villas at Hamilton, 410 S. Palm Dr. (124 units). By way of example, management for Wyndover Apartments has actively participated in the Crime-Free program offered by the City, including Crime-Free certification, which has resulted in a substantial reduction in calls for service and arrests: 40 20 0 Wyndover Arrests: 2011-2014 25 18 2011 2012 2013 2014 8 1 450 250 50 Wyndover Calls for Service: 2011-2014 429 319 168 100 2011 2012 2013 2014 18