Fairfax briefing outlines how new state housing laws limit local control and speed approvals

Barbara Kautz, a housing-law attorney with the firm Goldfarb and Littmann, told the Fairfax Town Council and Planning Commission on Sept. 30 that a wave of state statutes has sharply reduced local discretion over housing approvals and increased the risk that local denials will be overturned.

"The legislature's intent was to meaningfully and effectively curb the ability of local governments to deny, to reduce the density of, or to render infeasible housing development projects," Kautz said during a 90‑minute briefing and question-and-answer session. The session included staff and commissioners and was held at the Women's Club, 46 Park Road.

Kautz and Fairfax planning staff reviewed the town's recently adopted housing element and explained how state laws — particularly the Housing Accountability Act, new density-bonus rules, and recent infill CEQA exemptions — change the mechanics and timeline of project review. No council actions or votes were taken at the meeting.

Why it matters: Kautz outlined a set of statutory changes that collectively shorten review timelines, limit the grounds for denial and expand developers' rights to request adjustments such as waivers, concessions and density bonuses. The changes increase the chance that developers can obtain approvals through ministerial or streamlined processes with limited public hearings, and that local denials could expose a jurisdiction to litigation and attorney-fee awards.

Key points from the presentation

- Housing element status and RHNA: Town staff told the council the town adopted its latest housing element on Dec. 13, 2023, and it was certified by the Department of Housing and Community…