San Rafael council studies state housing laws as downtown density and height concerns rise

San Rafael — City planners told the San Rafael City Council on Feb. 2 that state housing laws have reshaped how multifamily housing is reviewed and approved in the city and asked whether staff should explore changes to downtown density rules, the Planning Commission's role and a targeted ministerial approval process.

Planning manager Margaret Kavanaugh Lynch said the city has seen “18 major housing projects” since 2021 and that 17 of the 18 used the state density-bonus pathway. She explained that the state density-bonus and ministerial programs allow developers to seek concessions and waivers — including for height and setbacks — and said there is “very little discretion for cities” on projects that qualify. Using an in-city case study, Lynch showed how waivers for height and setbacks were granted to accommodate affordable units and higher densities.

The presentation framed three staff questions for council direction: whether to explore revisiting downtown density (a complex process that would touch the general plan, downtown precise plan and the housing element and require Housing and Community Development review); whether to re-evaluate the Planning Commission's role for low-discretion projects and consider director-level ministerial decision-making; and whether to develop a local ministerial pathway to incentivize council-prioritized building forms.

Council members and residents pressed staff for data and safeguards. Vice Mayor Kurtz asked how many entitled projects have actually been built and whether comparator cities provide useful models. Lynch offered to run reports showing entitlements vs. completed projects; staff reported 192 units built and 368 under construction in the current horizon. Residents and planning commissioners warned that sequencing of waivers can leave safety or infrastructure questions unresolved; multiple public speakers cited the 700 Irwin project as an example where waivers were granted before safety questions were settled.

City staff recommended returning with follow-up analysis. Director Micah Hinkle said staff would examine waiver sequencing, infrastructure capacity (including coordination with sanitation and water districts) and the feasibility of objective safety metrics. The city attorney reminded council that changes would generally not apply retroactively to projects already vested under existing state law pathways.

Next steps: staff will return at a second study session tentatively scheduled for April to provide further analysis and options based on council feedback. No regulatory changes were adopted at the Feb. 2 meeting.