San Rafael Seeks ‘Prohousing’ Designation

San Rafael is applying to participate in the California Pro-housing Designation Program, which would give the city priority access to funds for low-income residences and homes near transit.

“I think this is awesome,” Councilmember Maribeth Bushey said. “How many unfunded mandates have we gotten from Sacramento? They tell us to do things, and it causes havoc in our communities, it destroys our budgets. But here, there’s money that we can apply for, for basically doing what we’re already doing anyway. So, I think it’s a fantastic program.”

In recent years, the state has passed new laws offering incentives to developers to build bigger, more dense housing projects than ever before. At the same time, the state-mandated housing quotas — known as the Regional Housing Needs Allocation — have increased dramatically.

San Rafael’s mandate has more than tripled from the 1,007 homes required in the 2015-2023 planning cycle. For the 2023-2031 cycle, the city’s mandate is 3,220 new residences.

This housing cycle, the city has approved more than 2,000 new residences already and continues to process applications for more.

The state’s prohousing program was established in the 2019-2020 fiscal year to reward municipalities that show they are embracing state housing laws and encouraging development to combat the housing shortage.

Seventy-five municipalities had earned the designation as of Aug. 10, according to a city staff report. None are in Marin.

One requirement to qualify is a commitment from the city that it “will refrain from enacting laws or taking actions that inhibit housing production.” This means no moratoriums on development, local voter approval requirements, downzoning, or unduly restrictive or onerous zoning regulations, development standards or permit procedures, said Greg Minor, assistant director of community and economic development.

When the city adopted its housing element in 2023, the City Council included a plan to apply for the prohousing designation. The California Department of Housing and Community Development reached out to the city to encourage officials to apply, Minor said.

Micah Hinkle, director of community and economic development, said it took time for staff to develop some of the policies that will bring the city into compliance with the requirements of the program.

“We’ve really got to the point where we are ready to make this application,” he said. “I’m not sure we were before.”

The distinction can remain for up to three years from Jan., 1 following its approval.

Resident Gregory Andrew said he has concerns about the position of city officials. Previously, staff and council members have said state mandates have usurped local authority over certain aspects of projects that qualify for bonuses, including height and density.

“By going this prohousing route you cannot claim that this is out of your control,” Andrew said. “You cannot point to the state and blame them, because you would be inviting more development in, inviting this onslaught of inundating of housing that is hitting San Rafael right now.”

Resident Jeff Rhoades had a different view.

“I think this is a good move for our city,” Rhoades said.

Mayor Kate Colin said joining the program wouldn’t invite more development, but rather bring more funding to the city.

She also said she is interested in reaching out to other municipalities with the prohousing designation to see if they could unite in seeking some relaxing of state laws for communities that have earned the distinction. She said maybe these cities could regain some more authority over project approvals.

“This, at the end of the day, is a grant program to advance the work we’re already doing,” Colin said. “It’s bringing money to our city that’s not already here. And as a council, we work very hard to bring money and resources to our city. That is exactly what this will do.”

The City Council authorized the application at its meeting on Oct. 5. The application was posted on Oct. 9 on the city’s website for a 30-day review period.

It’s available at bit.ly/4ys87Zf.

After the public review period, the application will be submitted to the state housing department for a 60-day review.