SB9 in San Rafael

San Rafael receives a grade of D for its implementation of SB9. This grade reflects the city’s very limited activity in processing SB9 applications and a complete lack of approvals through 2025. Despite having an ordinance that meets state requirements, San Rafael has not demonstrated an effective or proactive approach to facilitating SB9 projects. The low grade signals to developers and investors that pursuing SB9 developments here will likely encounter significant obstacles and delays.

San Rafael, situated in Marin County, has adopted an SB9 ordinance that aligns with the state’s baseline requirements. The ordinance includes standard provisions such as typical setbacks, minimum lot sizes, and design standards consistent with city zoning. Parking requirements remain unchanged from the city’s usual regulations. There are no additional local restrictions or enhancements that either facilitate or hinder SB9 projects beyond these standard measures. This means the city has not introduced barriers above the state minimum, but it also has not taken steps to actively encourage or streamline SB9 development.

Although San Rafael’s ordinance complies with SB9 mandates, the city has seen almost no activity in terms of applications or approvals. The single application filed in 2023 did not receive approval, suggesting that administrative or procedural challenges may be blocking progress. The absence of any approvals over four years points to inefficiencies or a lack of prioritization in processing SB9 projects. There is no evidence of legal challenges or charter city litigation affecting SB9 implementation in San Rafael, so legal issues are not a contributing factor. The flat trajectory over this period indicates that the city has neither improved its review processes nor engaged in outreach efforts to promote SB9 development. For investors, this stagnation signals a market environment where SB9 projects are unlikely to advance, limiting opportunities for infill housing growth through this mechanism.

San Rafael has not been subject to any enforcement actions by the California Department of Housing and Community Development related to SB9 compliance. The absence of enforcement indicates that while the city is not actively facilitating SB9 projects, it has not been found in violation of state requirements. This lack of enforcement pressure may contribute to the city’s continued inaction and lack of progress in processing SB9 applications.

Investors should exercise caution when considering SB9 projects in San Rafael. The city’s zero approval rate and minimal application activity over four years demonstrate that SB9 developments face significant hurdles, including likely administrative delays and procedural barriers. Without evidence of improved city engagement, streamlined processes, or enforcement actions compelling compliance, SB9 opportunities remain effectively unavailable. Investors seeking to leverage SB9 for infill housing should prioritize jurisdictions with proven records of approvals and active processing. San Rafael’s current environment suggests that relying on SB9 here will result in prolonged timelines and uncertain outcomes. For the grading methodology, see the SB9 City Guide post.