Editorial: 17-story approval in San Rafael is a jaw-dropper

None of the members of the San Rafael City Council promised voters they would support building a 17-story apartment complex downtown. They may have promised to address the need for more affordable housing, but not by building a relative skyscraper.

Likely, it would have at least raised some voters’ eyebrows as the idea of constructing a building that tall was on nobody’s radar.

That was until state lawmakers, pushing to build more housing, gave the green light to developers, essentially gutting local control over land-use decisions and providing them with bonuses that allowed for unimaginably large buildings.

Those changes led City Council members to a Hobson’s Choice – either comply with the state’s new rules and approve the out-of-scale apartment building proposed for 700 Irwin St. or invite a possible lawsuit that could cost the city a fine as high as $10 million.

The council’s divide – a 3-2 vote on two of the appeals filed challenging the city Planning Commission’s approval of the controversial project – reflects the dilemma.

The project is a clear example of the deep flaws in the state initiative. It is a reflection that lawmakers are so committed to getting more housing built that they don’t care whether sizes and scopes of housing projects are appropriate for their settings.

They are forcing “one size fits all” planning rules on local landscapes.

Fairfax has a similar scenario, where a developer is demanding the town approve plans to build a six-story apartment complex – an outsized project for the small town.

In San Rafael, there’s no debate that the city needs housing – especially affordable housing – and the council has made it a top priority. But no one expected a 17-story building – taller than any other in the city by far.

Council members Eli Hill, Maribeth Bushey and Rachel Kertz voted to reject the three appeals.

But on two of the appeals, Mayor Kate Colin and Councilmember Maika Llorens Gulati, voted to overturn the planning commission’s approval.

Both Colin and Llorens Gulati cited safety concerns about sea-level rise on the site which is near the San Rafael Canal and traffic in the area, a frequent gnarly location that the city has been working to improve and not worsen.

Llorens Gulati wants the developer to downsize the plan. Colin stressed she’s not afraid of change and she strongly supports housing, but the high-rise is too big for its location.

Bushey and Hill said they worried that rejecting the project would set the city up for that lawsuit and an astronomical fine that would be a significant hit to the city’s general fund with the strong possibility a court would also allow the high-rise to be built.

Kertz wondered if the civic angst over the project was similar to local reaction in the 1950s to plans for building the Terra Linda neighborhood – where she lives today –  which responded to the demand for housing during the Baby Boom.

“Cities evolve,” she said.

The project drew many supporters to the council hearing, many citing the need for housing and that the 200 apartments would provide downtown stores, restaurants and other businesses with customers. The developer has been able to win the strong backing of the Canal Alliance and the San Rafael Chamber of Commerce.

The council also heard projections that it would generate jobs while increasing local spending and tax revenue – estimated at more than $5 million per year.

That’s significant. So is the introduction of such a tall out-of-scale building to downtown’s landscape.

While providing the city with much-needed affordable housing – 30 of the project’s 200 units – its change to San Rafael landscape will be jolting. Those affordable units trigger bonuses for the builder to circumvent local restrictions on building size and height.

The council made history with its decision. Other larger housing projects have won city approvals, taking advantage of the state’s pro-development laws and bonuses that allow them to exceed – or ignore – local democratically drafted planning guidelines.

It looks like it may set the stage for more outsized development.

San Rafael is Marin’s largest downtown, but it is small and low-slung compared to its neighbors around the bay. That won’t be true in the future, thanks to Sacramento’s restricted vision.