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San Rafael council hears legal briefing on statewide housing laws and local implications
Summary
City legal counsel Neera Daugherty gave a study-session briefing on California housing laws — including the Housing Crisis Act, state density bonus rules, SB 35 and recent amendments — and described how the changes affect project processing, waivers and replacement of affordable units in San Rafael.
At a March 17 special study session, San Rafael legal counsel Neera Daugherty summarized recent California housing laws and how they change local review and approvals for housing projects.
Daugherty told the council that the Housing Crisis Act (2019) introduced a state‑defined preliminary application intended to give developers certainty early in the review process: "There's 17 pieces of information the developer submits," she said. The law also caps local hearings on a completed project and contains a no‑net‑loss rule for protected units — generally deed‑restricted or naturally occurring affordable housing — meaning redevelopment that removes protected units must replace them or concurrently upzone elsewhere and notify the California Department of…
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