HomeMy WebLinkAboutCC Resolution 15250 (Response to Grand Jury Report - Build more ADUs - An Rx to increase Marin's Housing Supply)RESOLUTION NO. 15250
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE
RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED
– BUILD MORE ADUS – AN RX TO INCREASE MARIN’S HOUSING SUPPLY
WHEREAS, pursuant to Penal Code section 933(c), a public agency which receives a final
grand jury report addressing aspects of the public agency’s operations must, within ninety (90) days,
provide a written response to the presiding judge of the Superior Court, with a copy to the foreperson
of the grand jury, responding to the report’s findings and recommendations pertaining to matters
under the control of the governing body; and
WHEREAS, Penal Code section 933(c) requires that the “governing body” of the public
agency provide said response and, in order to lawfully comply, the governing body must consider
and adopt the response at a noticed public meeting pursuant to the Brown Act; and
WHEREAS, the City Council of the City of San Rafael has received and reviewed the Marin
County Grand Jury Report, dated June 15, 2023 entitled “Build More ADUs – An Rx To Increase
Marin’s Housing Supply;” and
WHEREAS, at a regular City Council meeting held on August 21, 2023, the City Council
discussed the report’s findings and recommendations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael
hereby:
1. Approves and authorizes the Mayor to execute the City’s response to the Marin County
Grand Jury’s June 15, 2023 report, entitled “Build More ADUs – An Rx to Increase Marin’s
Housing Supply,” a copy of which response is attached hereto and incorporated herein by
reference.
2. Directs the City Clerk to forward the City’s response forthwith to the presiding judge of the
Marin County Superior Court, with copy to the foreperson of the Marin County Grand Jury.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council
held on the 21st day of August 2023, by the following vote to wit:
AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Pro Tem Llorens Gulati
NOES: Councilmembers: None
ABSENT: Councilmembers: Mayor Kate
LINDSAY LARA, City Clerk
RESPONSE TO GRAND JURY REPORT FINDINGS AND
RECOMMENDATIONS
REPORT TITLE: “Build More ADUs – An Rx to Increase Marin’s Housing Supply”
REPORT DATE: June 15, 2023
RESPONSE BY: San Rafael City Council
GRAND JURY FINDINGS
We agree with the finding(s) numbered: F1, F4, F5, F6
We disagree wholly or partially with the finding(s) numbered: F2, F3, F7, F8, F9
Finding numbered F10 does not require a response by the City of San Rafael.
GRAND JURY RECOMMENDATIONS
Recommendation numbered R1 does not require a response by the City of San Rafael.
Recommendation numbered R3 has been implemented.
Recommendations numbered R2, R4, R5 will not be implemented because they are not
warranted or reasonable.
Recommendation numbered R6 has not been implemented yet, but will be in the future.
Date: _____________________ Signed: __________________________
Mayor Kate Colin
City of San Rafael Response to Grand Jury Report Findings and Recommendations
“Build More ADUs – An Rx to Increase Marin’s Housing Supply”
June 15, 2023
City of San Rafael Response to Grand Jury Findings and Recommendations Page 2 of 7
RESPONSE TO GRAND JURY FINDINGS
F1. More housing in Marin is needed and ADUs are one solution.
Response: Agree
F2. Many homeowners lack information and knowledge about ADU development, and
Marin’s jurisdictions are not always helpful to homeowners seeking information about
ADU development.
Response: Partially Disagree
The City strives to assist homeowners seeking information about ADU development. The City
has a webpage dedicated to ADUs, written in nontechnical language, which links to the relevant
municipal code as well as recently updated state ADU laws that modify the City’s standards.
This web page also includes responses to frequently asked questions and provides a link to the
California Department of Housing and Community Development’s ADU Handbook. Additionally,
City staff are available to homeowners in person at City Hall for walk-in consultations five days
per week and online through the City’s “virtual counter.”
F3. It is often difficult, if not impossible, for a Marin homeowner to determine the
planning, building, connection, capacity and impact fees associated with developing an
ADU in a particular jurisdiction.
Response: Partially Disagree
It is not impossible to determine the fees associated with developing an ADU in San Rafael,
however we do acknowledge that it can be difficult to obtain information about all types of fees
because they are charged by multiple Marin agencies (e.g., by the City, water district and
sanitary district) and the fees vary across jurisdictions. To assist the public, the City maintains a
master fee schedule on the City’s website for fees associated with permits, utility connection
and development impact fees. In addition, City staff are available virtually and in-person to
assist applicants in determining fees based on the valuation and square footage of the project.
For example, for an ADU less than 750 square feet that is valued at $125,000, San Rafael
planning and building fees are estimated to total $4,330. This includes the following fees:
building permit, plan check, Strong Motion Instrumentation Program (SMIP), California Green
Building Fund, electrical permit, mechanical permit, plumbing permit, and ADU review. These
fees are consistent with and comply with State law because the fees are no greater than
necessary to offset the costs to the City in administering its ADU program, including reviewing
ADU applications. For an ADU that is 750 square feet or greater and valued at $125,000, the
planning, building, and impact fees are estimated to total $6,215. These fees are consistent with
and comply with State law because the (1) they include valid and properly adopted impact fees
pursuant to the Mitigation Fee Act, and (2) the fees are no greater than necessary to offset the
costs to the City in administering its ADU program, including reviewing ADU applications.
City of San Rafael Response to Grand Jury Report Findings and Recommendations
“Build More ADUs – An Rx to Increase Marin’s Housing Supply”
June 15, 2023
City of San Rafael Response to Grand Jury Findings and Recommendations Page 3 of 7
F4. Many Bay Area cities and counties, for example Napa and Sonoma, have
implemented comprehensive websites and related support to help homeowners create
ADUs.
Response: Agree
This finding pertains to matters under the control of governing bodies of other Marin County
jurisdictions. The City of San Rafael’s response is limited to matters under the control of the City
Council of the City of San Rafael.
F5. ADUs may be rented affordably and provide additional benefits for older adults and
their caregivers.
Response: Agree
F6. Most Marin jurisdictions could provide better resources offering or identifying
financing incentives for ADU development.
Response: Agree
San Rafael’s 2023-2031 Housing Element includes a program related to ADUs, which aims to
expand resources and reduce barriers for the construction of ADUs and Junior ADUs (JADUs)
in San Rafael neighborhoods. As part of this program, the City committed to developing policies
that incentivize affordable ADUs.
F7. Impact, connection, and capacity fees vary considerably throughout the County and
such fees can be a disincentive to homeowners considering ADU development.
Response: Partially Disagree
The City of San Rafael does not charge impact fees for ADUs that are less than 750 square feet
per State law. The San Rafael Fire Department does not charge impact, connection, or capacity
fees for any projects, including ADUs. The City acknowledges that fees may be somewhat of a
disincentive; the City only charges fees for ADUs that are no greater than necessary than to
defray the cost of the ADU program, which is consistent with State law. If the City were to waive
fees, it would have to backfill those fees, which would have negative financial implications to the
City’s budget.
F8. Not every jurisdiction in Marin has updated its planning and building policies to
conform with current California ADU laws.
City of San Rafael Response to Grand Jury Report Findings and Recommendations
“Build More ADUs – An Rx to Increase Marin’s Housing Supply”
June 15, 2023
City of San Rafael Response to Grand Jury Findings and Recommendations Page 4 of 7
Response: Disagree
The City‘s planning and building policies do conform with current California ADU laws. The
City’s Housing Element, certified by the State’s Department of Community Development in June
2023, states that the City is committed to updating its ordinances to align with changes in state
law. The City last updated its ADU ordinance to comply with state law in November 2021. Any
and all changes in state ADU laws which became effective after that date are still applied by the
City. Therefore, the City’s policies are consistent with state ADU laws. The City’s ADU webpage
provides information that reflects this.
F9. Granting amnesty, following safety inspection, to existing non-conforming second
units could help Marin meet its housing obligations.
Response: Disagree
State ADU laws, which the City complies with, provide that a “local agency shall not deny an
application for a permit to create an accessory dwelling unit due to the correction of
nonconforming zoning conditions, building code violations, or unpermitted structures that do not
present a threat to public health and safety and are not affected by the construction of the
accessory dwelling unit.” Cal. Gov. Code section 65852.2(d)(2). Therefore, the City already
provides what the Grand Jury characterizes as an amnesty program. Additionally, with the
exception of impact fees, the City only charges fees for ADUs that are no greater than necessary
than to defray the cost of the ADU program, which is consistent with State law. If the City were to
waive fees, it would have to backfill those fees, which would have negative financial implications
to the City’s budget.
F10. ADU Marin and HelloADU are a good start. However, compared to several other Bay
Area cities and counties, for example Napa and Sonoma, they could be substantially
enhanced and expanded.
This finding pertains to matters solely under the control of the Marin County Board of
Supervisors. Therefore, this finding does not require a response by the City of San Rafael.
RESPONSE TO GRAND JURY RECOMMENDATIONS
The Marin County Civil Grand Jury recommends the following:
R1. On or before December 31, 2023, the Marin County Board of Supervisors should
direct the Community Development Agency's Development Priority Setting Committee to:
1) Identify available funding/financing information for residents who need help with
the cost of building an ADU,
2) Transmit the collected information to all the jurisdictions represented on the
Committee.
City of San Rafael Response to Grand Jury Report Findings and Recommendations
“Build More ADUs – An Rx to Increase Marin’s Housing Supply”
June 15, 2023
City of San Rafael Response to Grand Jury Findings and Recommendations Page 5 of 7
3) Start a continuous monitoring program to update the information sources as they
become available.
This recommendation is directed to and pertains to matters solely under the control of the Marin
County Board of Supervisors. Therefore, this recommendation does not require a response by
the City of San Rafael.
Should the Marin County Board of Supervisors implement this recommendation, the City would
welcome information on funding/financing for City residents who need help with the cost of
building an ADU.
R2. By December 1, 2023, begin investigation to consider an amnesty program to legalize
existing unpermitted second units. Add a marketing communications plan so that
citizens can be made aware of it.
This recommendation will not be implemented because it is not warranted or is not reasonable.
State ADU laws, which the City complies with, provide that a “local agency shall not deny an
application for a permit to create an accessory dwelling unit due to the correction of
nonconforming zoning conditions, building code violations, or unpermitted structures that do not
present a threat to public health and safety and are not affected by the construction of the
accessory dwelling unit.” Cal. Gov. Code section 65852.2(d)(2). Therefore, the City already
provides what the Grand Jury characterizes as an amnesty program. While the City will not be
able to launch a marketing communications plan by December 1, 2023, the City will add
information to its website in the next six months about how to legalize an existing unpermitted
second unit.
R3. By December 1, 2023, begin the process of merging and/or collaborating with
Napa/Sonoma ADU, and hiring a full-time Marin ADU Program Coordinator. The program
coordinator should work with all jurisdictions on the development of ADUs and identify
impact and connection fees within each jurisdiction.
The recommendations to merge with Napa/Sonoma ADU and hire a full-time Marin ADU Program
Coordinator pertain to matters under the control of the Marin County Board of Supervisors, not
the City of San Rafael. The City of San Rafael’s response is limited to the part of the
recommendation to begin the process of collaborating with Napa/Sonoma ADU.
This recommendation has been implemented.
The City of San Rafael, along with other cities and towns and Marin County, have been
communicating with the Napa/Sonoma ADU Center over the last several months through the
Marin County Housing Collaborative Group, the Housing Working Group (HWG), about bringing
Napa/Sonoma ADU services to Marin County. The HWG is composed of planning directors and
staff from the County and cities and towns in Marin.
City of San Rafael Response to Grand Jury Report Findings and Recommendations
“Build More ADUs – An Rx to Increase Marin’s Housing Supply”
June 15, 2023
City of San Rafael Response to Grand Jury Findings and Recommendations Page 6 of 7
R4. By December 1, 2023, begin a feasibility assessment of waiving or significantly
lowering impact and connection fees for units smaller than 750 square feet.
This recommendation will not be implemented because it is not warranted or is not reasonable.
No feasibility assessment regarding waiving or reducing impact and connection fees for ADUs
smaller than 750 square feet is necessary because pursuant to State ADU law, all ADUs under
750 square feet are exempt from impact fees (see Gov. Code 65852.2(f)(3).) Furthermore,
State laws prohibit the City from considering an ADU a new residential use for purposes of
calculating connection fees or capacity charges, unless the ADU was constructed with a single-
family dwelling (see Gov. Code 65852.2(f)(2).) The San Rafael Fire Department does not
charge impact or connection fees for any projects, including ADUs.
R5. By December 1, 2023, begin creating plans to accelerate the permit approval process
for ADU applications to within 30 days, or less, of submission. Implement such plans no
later than July 1, 2024.
This recommendation will not be implemented because it is not warranted or is not reasonable.
The City already has a streamlined process, whereby the planning and building permit review
occur simultaneously, which typically takes approximately one week from when a complete
application is received. Additionally, the San Rafael Fire Department, water district, and sanitary
district review the permit application. Because this review includes multiple departments and
agencies, reducing review to within 30 days is infeasible and could result in improper review by
these various agencies contributing to potential life safety risks. The City complies with State law,
which requires that a local agency approve or deny an ADU permit within 60 days (see Gov. Code
65852.2(b)(1).).
R6. By December 1, 2023, begin feasibility assessments of new incentives for ADU
development, such as pre-approved plans, technical assistance, property tax relief,
development fee waivers, and forgivable loans; implement at least one such incentive no
later than July 1, 2024.
This recommendation has not been implemented yet but will be in the future.
The City’s 2023-2031 Housing Element includes a specific program related to ADUs, which aims
to expand resources and reduce barriers for the construction of ADUs and Junior ADUs (JADUs)
in San Rafael neighborhoods. As part of this program, the City has committed to developing
incentives for affordable ADUs, as required by state law, by 2025.
City of San Rafael Response to Grand Jury Report Findings and Recommendations
“Build More ADUs – An Rx to Increase Marin’s Housing Supply”
June 15, 2023
City of San Rafael Response to Grand Jury Findings and Recommendations Page 7 of 7
In regard to pre-approved plans and technical assistance, the City supports all efforts to
collaborate regionally to enhance these types of services, however the City is limited in resources
to provide this level of support alone and would need the County of Marin’s support to fully
implement this recommendation.
Property tax relief would require state legislation and implementation would take longer than
July 1, 2024.