Perkins Coie LLP
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Matthew S. Gray
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183185077.2
August 18, 2025
VIA EMAIL
City Council of the City of San Rafael
San Rafael City Hall
1400 Fifth Avenue, Room 203
San Rafael, CA 94901
Re: Agenda Item 6.a - Affordable Housing Requirements for Residential Development Projects (August 18, 2025, Regular Meeting) Dear Mayor Kate Colin and Honorable Councilmembers,
Our office represents Merlone Geier Partners, owners of Northgate Mall and applicant for the Northgate Town Square redevelopment project.
This evening, the City Council is scheduled to consider amendments to the City’s Guidelines for the Administration of the Affordable Housing Requirement Program. We write to offer context for your deliberations.
As the Council is aware, the State Density Bonus Law and the Housing Element Law establish important requirements intended to remove barriers to housing production, and cities must ensure their local programs remain consistent with these state housing laws.
By requiring projects to obtain more Density Bonus Law incentives/concessions than needed under the City’s current guidelines, the proposed amendments are inconsistent with these state laws. In this context, we respectfully suggest that the proposed modifications are not necessary and should not be adopted.
We appreciate your consideration of these broader implications of the proposed action, and we look forward to continuing to work collaboratively with the City as it advances its housing goals.
August 18, 2025
183185077.2
Sincerely,
Matthew S. Gray
cc: Jamas Gwilliam, Merlone Geier Partners
Dave Geiser, Merlone Geier Partners
Alan Murphy, Perkins Coie LLP