San Rafael staff to study reintroducing downtown density limits amid state law constraints

City planning staff asked the San Rafael subcommittee for direction to research whether the city can reintroduce density standards in the downtown after the recent use of state density bonuses resulted in taller, higher‑density projects than community members expected.

"Would you like the staff to really dig in and find out how to…reintroduce density?" Margaret Kavanagh Lynch, the city’s planning manager, asked the committee, framing the request as a research task rather than an immediate regulatory change. Staff said they would return with analysis of legal constraints, implementation steps and possible scenarios.

Presenters and council members noted that San Rafael’s form-based downtown code removed traditional density metrics and coupled height allowances to community benefits; recent use of state density bonus provisions has allowed projects to seek waivers and concessions—potentially increasing height and unit counts beyond community expectations. Staff and members repeatedly referenced state law constraints, including SB330 and the state density bonus program, and said those laws limit where and how local standards can be tightened.

Why it matters: Several downtown projects since 2021 have used state incentives to change project sizing. Council members and staff said the public has expressed concern about height and scale, and requested a fuller briefing on what local tools remain legally and administratively available.

Next steps: Staff proposed a second study session in June (targeting June 1 or a special meeting) to present options and constraints, publish FAQs on state housing laws, and solicit broader community input before the council considers any code changes.