HomeMy WebLinkAboutPlanning Commission 2017-09-12 Agenda PacketAGENDA
SAN RAFAEL PLANNING COMMISSION
REGULAR MEETING
TUESDAY, September 12,2017, 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE
SAN RAFAEL, CALIFORNIA
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the meeting.
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TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT
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ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the
Community Development Director in advance.
CONSENT CALENDAR
1.Minutes 7/27/17
PUBLIC HEARINGS
2.General Plan 2040 –Presentation on upcoming General 2040 and selection of Planning Commissioner
representative and alternate to General Plan Steering Committee. Project Planner: Barry Miller
3.Second Dwelling Unit/Accessory Dwelling Units –Study Session regarding options in the revision of
the City’s Accessory (Second) Dwelling Unit Ordinance; Citywide, City of San Rafael, applicant, Case
File (s): P17-009/ZO17-002. Project Planner: Raffi Boloyan
DISCUSSION ITEMS
OTHER BUSINESS
.
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
I.Next Meeting: September 26,2017
II.I, Anne Derrick, hereby certify that on Friday, September 8,2017,I posted a notice of the September 12,2017 Planning
Commission meeting on the City of San Rafael Agenda Board.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, July 27, 2017
Regular Meeting
San Rafael Planning Commission Minutes
For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings
CALL TO ORDER
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
Present: Larry Paul
Jack Robertson
Berenice Davidson
Jeff Schoppert
Mark Lubamersky
Absent: Barrett Schaefer
Sarah Loughran
Also Present: Raffi Boloyan, Planning Manager
Steve Stafford, Senior Planner
M Group consultants
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
CONSENT CALENDAR
1. Minutes July 11, 2017
Mark Lubamersky moved and Larry Paul seconded to approve Minutes as presented. The vote is as
follows:
AYES: Larry Paul, Jack Robertson, Berenice Davidson, Jeff Schoppert, Mark Lubamersky
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Sarah Loughran
PUBLIC HEARINGS
2. 703 – 723 Third St. and 898 Lincoln Avenue – Conceptual Design Review for
redevelopment of two contiguous Downtown parcels, currently developed with 15,000 sq.
ft. of commercial space. The project proposes to construct a new, 6-story, 66’-tall,
multifamily residential building with 138 rental units above 143 ground-floor garage
parking spaces. The project includes requests for height and density bonuses, and a front
setback waiver; APNS: 011-278-01 & -02; Second/Third Mixed Use East (2/3 MUE) District
Zones; Wick Polite of Seagate Properties, Inc., Applican’t; 703 Third Street LP, Owners;
Downtown Neighborhood Project Planner: Steve Stafford DISCUSSION ITEMS
Staff Report
The Planning Commission gave its comments on the project. There was no motion/vote as this was a
Conceptual Review item.
3. Second Dwelling Unit/Accessory Dwelling Units – Study Session regarding revisions to
the City’s Accessory (Second) Dwelling Unit Ordinance due to recent changes in State law
governing Accessory Dwelling Units and Junior Accessory Dwelling Units; Citywide, City
of San Rafael, applicant, Case File(s): P17-009/ZO17-002. Project Planner: Raffi Boloyan
Staff Report
Jeff Schoppert moved and Jack Robertson seconded to continue item to date uncertain. The vote is as
follows:
AYES: Larry Paul, Jack Robertson, Berenice Davidson, Jeff Schoppert, Mark Lubamersky
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Sarah Loughran
OTHER BUSINESS
4. Election of new Officers (Chair and Vice Chair) due to recent vacancy.
Staff Report
Jeff Schoppert moved and Jack Robertson seconded to elect Berenice Davidson as Chair and Larry Paul
as Vice-Chair. The vote is as follows:
AYES: Larry Paul, Jack Robertson, Berenice Davidson, Jeff Schoppert, Mark Lubamersky
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Sarah Loughran
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
___________________________________
ANNE DERRICK, Administrative Assistant III
APPROVED THIS_____DAY____OF_______, 2017
_____________________________________
Berenice, Acting Chair
Community Development Department – Planning Division
Meeting Date: September 12, 2017
Agenda Item:
Case Numbers:
P17-007
Project Planner:
Barry Miller – (415) 485-3432
REPORT TO PLANNING COMMISSION
SUBJECT: General Plan 2040 – Presentation on upcoming General 2040 and selection of
Planning Commission representative and alternate to General Plan Steering
Committee
The City recently hired Barry Miller as Project Manager to manage the General Plan 2040
update process. On September 12, 2017, Mr Miller, will be making a brief presentation to the
Planning Commission (PC) to request that the Commission select a member (and alternate) to
serve on the General Plan 2040 Steering Committee. Chair Davidson has been contacted via
email, and has confirmed receipt of this request.
The San Rafael City Council approved a preliminary work program for the General Plan Update
in February 2017. The work program included creation of a 21-member Steering Committee,
including representatives of City Boards and Commissions as well as stakeholder groups and
the community at large. The PC was specifically listed as one of the Boards to be repre sented.
In addition to nominating one of its members, we are asking the PC to identify an alternate who
can attend meetings in the event the primary member is absent or unable to serve for the
duration of the process.
The Steering Committee will be formally appointed by the City Council in November 2017.
Meetings are expected to begin in January 2018 and continue through the end of 2019.
Meetings will be held on the second Wednesday of the month from 6 to 9 PM. Committee
members will be expected to review agenda packets prior to the meeting, and attend and
participate in discussions at the meetings. Agenda packets would typically contain background
information on existing conditions, proposed policies and actions, “best practice” examples, and
Draft Plan chapters. Meeting discussions will cover long-range planning issues related to land
use, transportation, housing, urban design, resource management, and similar topics.
Staff will provide a short overview of the expectations for the Committee at the September 12th
meeting, and ask that the Chair request nominees from the PC at that time (the Chair may also
self-nominate). The PC will be asked to vote on their nominee/ altern ate at that time.
Community Development Department – Planning Division
Meeting Date: September 12, 2017
Agenda Item:
Case Numbers:
P17-009/ZO17-002
Project Planner:
Raffi Boloyan (415) 485-3095
REPORT TO PLANNING COMMISSION
SUBJECT: Second Dwelling Unit/Accessory Dwelling Units – Study Session regarding options
in the revision of the City’s Accessory (Second) Dwelling Unit Ordinance; Citywide, City
of San Rafael, applicant, Case File(s): P17-009/ZO17-002.
EXECUTIVE SUMMARY
Staff is seeking direction from the Planning Commission on changes to the ADU ordinance in those
areas where the City has discretion under State Law. In adopting a local ADU ordinance, some
provisions in State Law are mandatory while others leave room for discretion by the local agency.
The Commission reviewed this item at their July 25, 2017 meeting and provided some preliminary
feedback. The main comments were to 1) allow more time for the Commission to review the materials,
and 2) develop a few potential regulatory schemes for review. Staff has identified those areas that allow
for discretion and categorized possible options under three different approaches, entitled: State Law
Standard Option, San Rafael Standard Option, and Selected Standard Option. This informational item is
a presentation of options to consider in updating ADU ordinance provisions for feedback and direction
from the Commission to be incorporated into a subsequent Ordinance update.
RECOMMENDATION
This is the second informational report that will be followed by public outreach efforts. Staff will return to
the Planning Commission and City Council at a later date with a proposed ordinance.
It is recommended that the Commission:
1. Accept public comment;
2. Discuss and provide feedback guide the ADU ordinance update; and,
3. Accept report.
BACKGROUND
On July 25, 2017, Staff presented an initial informational report on necessary changes to the City’s
Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations to comply with
recent State mandates.
Accessory dwelling units (ADU) are additional dwellings located on the same lot as a single-
family residence which contain separate living/sleeping, sanitary, and cooking facilities.
A junior accessory dwelling unit (JADU) is an additional, independent living unit which is created
through the conversion of an existing bedroom within an existing single-family residential dwelling
as part of the single-family use.
REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 2
The City of San Rafael regulates the development of ADUs through section 14.16.285 and JADUs
through section 14.16.286 of the San Rafael Municipal Code. When the State Accessory Dwelling Unit
law (SB 1069 and AB 2299) took effect on January 1, 2017, new statewide regulations and permitting
requirements were established for accessory dwelling units under California Government Code 65852.2
(Attachment 1). AB 2406 simultaneously took effect and establishes standards for junior second
dwelling units for cities that allow these types of units under California Government Code 65852.22
(Attachment 2). For the purposes of this report, the term “State Law” refers to Government Code
65852.2 and 65852.22. Cities may either evaluate applications for ADUs under the provisions
established in State Law or under a local ADU ordinance that complies with all requirements under State
Law. The City’s former ADU ordinance does not comply with all provisions of State Law. As such, the
City has been applying provisions under State Law in the review of ADU applications until an updated
and compliant ordinance is adopted.
Much of the former San Rafael ADU ordinance can be maintained with minor revisions and other
required additions pursuant to State Law can be integrated, however a few areas warrant additional
consideration. For the purpose of this report, the term “Former ADU Ordinance” refers to the San
Rafael ADU ordinance that was in effect before State Law became effective.
The City has limited discretion regarding the following items:
Development Standards: Parking (under certain parameters in State Law), height, setback, lot
coverage, landscape, architectural review, maximum size of a unit, and standards on properties
listed in the California Register of Historic Places.
Designating Areas: The City may designate geographic areas where ADUs are or are not
permitted, but ADUs within existing structures of single family zones must be permitted. The
designation of areas may be based on adequacy of water and sewer, traffic flow impact, or other
public safety impact. A local agency may choose to avoid designating areas with health and
safety risks, or it may allow ADUs through an ancillary and separate discretionary process.
Discretionary Review: State Law largely focuses on establishing a streamlined ministerial path
to facilitate approval of new ADUs. The requirement under State Law requires that ADU
applications are approved ministerially if all applicable criteria are met and without a requirement
for public notice or hearing. As State Law does not specify how exceptions to standards may be
considered and how discretionary review may be established, the City may consider continuing to
provide a use permit process to review ADUs requesting exceptions from certain standards
established in the ADU ordinance.
Parking Exception: The most recently adopted State Law establishes a series of exceptions
from on-site parking requirements associated with ADUs. These exceptions include areas within
a half mile of “public transit”. However, State Law does not offer a clear definition of “Public
Transit”, providing an opportunity for the City to evaluate how to define public transit in the local
ordinance in an effort to avoid impacts to public safety and traffic flow while still meeting the
mandates of State Law.
Staff reviewed San Rafael’s existing ADU ordinance to determine where the City has discretion on
updates. At the July 25, 2017 Planning Commission Study Session, Staff highlighted some topic areas
for consideration to ensure that subsequent ordinance amendments were consistent with the policy
direction from Planning Commission.
The Planning Commission provided general comments on overall approach to local ADU regulations
under the following general options for consideration:
REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 3
1. Use State Law and adopt a local ADU ordinance or make adjustments at a later time as needed,
if issues arise.
2. Adopt a local ADU ordinance using State Law as the basis and supplementing it with any
necessary additional provisions to provide clear ADU requirements.
3. Adopt a local ADU ordinance using the Former ADU Ordinance as the basis, making required
changes to adopt a compliant local ADU ordinance.
4. Adopt a hybrid local ADU ordinance that does not necessarily have to lean towards a State
standard or former San Rafael Standard Option. Instead, standards can be chosen from either or
from other recommended standards.
Planning Commission also provided suggestions on areas for staff to explore and to return with
additional information for Commission consideration. These topic areas included potential health and
safety issues associated with geographic location of ADUs. Planning Commission directed Staff to gather
data on road width that the City has on record and illustrate locations on maps with narrow road widths
on maps. Additionally, Planning Commission recommended that Staff consult with the Fire Department
on potential areas where construction of ADUs may create health and safety issues, in particular areas
where roadway access may be an issue. Staff created maps showing the location of narrow roads based
on road width data, and checked with the Fire Department on concerns for ADU development in San
Rafael.
ANALYSIS
The two general approaches to implementing ADU regulations used by California cities are either to use
State Law, as written, or to adopt a local ADU ordinance that complies with State Law but includes
individualized regulations specific to the jurisdiction within the allowance provided by the State statute.
Using State Law would not require adoption of a new ordinance; ADUs may be regulated only under the
provisions written in State Law. Adopting a local ADU ordinance allows for greater local discretion in
establishing certain development and design standards (those allowed by State law to be modified).
Establishing a local ADU ordinance would require revisions to San Rafael’s Former ADU Ordinance, as it
is not currently in compliance.
In response to the Planning Commission’s comments, Staff, in collaboration with the consultant group,
have considered three options for drafting a formal zoning code amendment for consideration and
ultimate adoption. All three of the following options include all required changes that are mandated by
State Law. The three options are:
State Law Standard Option. This approach leans towards closely applying the language and
standards provided by under State Law.
San Rafael Standard Option. This approach retains the existing San Rafael ADU ordinance
language to the maximum extent possible while making the minimum changes required to comply
with State Law.
Selected Standard Option. This approach is a hybrid that contains language pulled from the
State Law Standard Option and the San Rafael Standard Option based on Staff
recommendations. This option also contains certain provisions that are not in the other options.
A comparison table of these three options is included (Attachment 3). The Former ADU Ordinance is
shown along with the proposed changes to the provisions under each of the three approaches. The
column identified as “Required Changes” tracks changes that must be made to track with State Law.
REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 4
The column identified as “Options” outlines those areas that State Law allows discretion for the local
jurisdiction to tailor their ADU ordinance. Key areas are highlighted in the following.
Key Areas
1. Unit Size: The City has discretion over unit size based on State Law and guidance from the
Department of Housing and Community Development (HCD). The City may adopt the standard
sizes under State Law, maintain the existing unit size standard within San Rafael Former ADU
Ordinance, or adopt a new maximum size threshold better suited to San Rafael and under the
maximum provided by State Law.
Options:
State Law Standard Option:
o Attached ADU: 50% of existing residence, up to 1,200 sf
o Detached ADU: 1,200 sf
San Rafael Standard Option
o Attached or Detached: 40% of existing residence, up to 800 sf
o Use permit allows up to 1,000 sf
Selected Standard Option
o Same as San Rafael Standard Option or State Law Standard Option; or propose
other option.
2. Setbacks: Attached and detached ADUs can be subject to setback requirements. Under the
Former ADU Ordinance, attached ADUs were required to comply with setbacks applicable to the
principal residence and detached ADUs were required to comply with setbacks applicable to
accessory buildings. These development standards may be preserved but other additional
setback requirements are required by State Law and need to be included regardless of the
approach chosen by San Rafael.
Under the existing ADU ordinance, ADU’s located within a detached accessory structures are
allowed to be sited in conformance with the required setbacks for the primary structure. However,
the former Ordinance has a provision that allows a detached ADU to be placed within the
required setback, through review and approval of a Use Permit. State Law does not provide
specifics on discretionary review processes, however, this existing Use Permit provision may be
continued in the revised ordinance.
Required Changes:
ADUs within existing structures shall not be subject to setback requirements, except side
and rear setbacks shall be sufficient for fire safety
A setback of no more than five feet from side and rear property lines shall be required for
an ADU constructed over a garage.
Options:
State Law Standard Option
o Maintain requirements for compliance with existing setbacks for principal and
accessory structures.
o No use permit provision for exceptions. State Law does not provide specifics on
use permit requirements for setback exceptions.
San Rafael Standard Option
REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 5
o Maintain requirements for compliance with existing setbacks for principal and
accessory structures.
o Units within side or rear setback areas require a use permit by Planning
Commission.
Selected Standard Option
o Maintain requirements for compliance with existing setbacks for principal and
accessory structures.
o Setback exceptions are subject to approval of a use permit under the use permit
subsection of the ADU ordinance. (This standard differs from the “San Rafael
Standard Option” in that the “Selected Standard Option” adds a use permit
subsection within the ADU ordinance itself that this provision can refer to).
3. Use Permits: ADU permits must be approved ministerially if they meet established development
standards, however ADUs requesting exceptions from the established development standards
may be permitted with discretionary approval, such as the issuance of a Use Permit. The City’s
Former ADU Ordinance allowed for exceptions through a Use Permit. The Use Permit process
may continue to be used to allow consideration of exceptions from the baseline development
standards in the City’s ADU ordinance.
Options:
State Law Standard Option
o State Law does not provide specifics on establishing a discretionary review
process.
San Rafael Standard Option
o Use Permit would provide for the following exceptions:
ADUs that are 800 to 1,000 sf
Detached ADUs over 15 feet tall within primary residence setback
Detached ADUs within accessory buildings setback
ADUs consisting of a greater than 500 sf upper story addition to residence
ADUs above accessory structure
Attached or detached ADUs on lot with slope greater than 25%
New ADU that necessitates a new or modified curb cut for access
New ADU on lot accessed from road less than 26 feet wide
Selected Standard Option
o Same as San Rafael Standard Option or State Law Standard Option; or propose
other option
Additional Consideration:
Use Permits for development standard exceptions that are established in the existing ADU
ordinance are reviewed by Planning Commission. The Planning Commission may wish to
consider if ADU exceptions are minor in scope and nature and appropriate for approval at the
Zoning Administrator level.
4. Parking Spaces Required: Off street parking may be required for ADUs. State Law provides
parking standards, and the Former ADU Ordinance complies with this standard. Some additional
requirements need to be incorporated into the new ADU ordinance.
Required Changes:
Permit off-street parking in setbacks or tandem parking unless findings are made that it is
not feasible.
REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 6
Replacement parking may be required in any configuration for any covered parking space
that is demolished/removed, ie replacing parking from conversion of a garage to an ADU.
Options:
State Law Standard Option
o Parking Required: One space per bedroom (alternative: one space per unit)
San Rafael Standard Option
o Parking Required:
One space for studio and one bedroom unit
Two space for two or more bedroom unit
o Use existing curb cuts
Use permit required for modification
Selected Standard Option
o Alternative 1. No parking required
o Alternative 2. Same as San Rafael Standard Option or State Law Standard Option
o Alternative 3. Propose other option
5. Parking Exceptions: New parking exceptions have been introduced through State Law. Parking
cannot be required for ADUs that meet any of the criteria under the “Required Changes” list
below.
Required Changes:
Onsite parking is not required if a site is:
Within one-half mile of public transit,
Within an architecturally and historically significant historic district,
Where on-street parking permits are required but not offered to the occupant of the
accessory dwelling unit
Within one block of a car share vehicle space, or
Where the ADU is created within an existing primary residence or existing accessory
structure
Several of the exceptions under State Law are not applicable in San Rafael. San Rafael does not
currently have a designated historic district in residential neighborhoods or with existing single-
family dwellings that would otherwise allow ADUs. San Rafael does not have an adopted
residential parking permit program. There are Zipcar car share vehicle spaces in a lot on 2nd
Street and B Street and at Whistlestop, but there are no car share spaces within any residential
area within the city.
The primary parking exception that is identified in State Law that has potential impacts is San
Rafael is if an ADU is within a half mile of public transit. The definition of “public transit” is not
included in State Law and therefore leaves some discretion for the local jurisdiction. The
Department of Housing and Community Development (HCD) provided guidance in their
December 2016, Accessory Dwelling Unit Memorandum (Attachment 4). “Public transit” may
include a bus stop, train station and paratransit if appropriate for the applicant, and “Public transit”
includes areas where transit is available and can be considered regardless of tighter headways
(e.g., 15 minute intervals).
In regards to types of bus stops, email correspondence with HCD indicated that “there is a bit of
discretion on the frequency but would encourage a generous approach instead of tight headways
like every 15 minutes.” Although the direction provided by HCD offers some guidance, it does not
provide a definitive definition of “Public Transit” for the purposes of adopting a local ADU
REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 7
ordinance. It is recommended that the City consider a definition that both limits negative impacts
to the city related to traffic flow and public safety but also remains supportive and facilitates
development of ADUs.
To assist in this discussion, staff and consultant have prepared a series of graphics that show the
impact of different definitions of public transit. Attachment 5 shows a half-mile radius around
each bus stop, transfer station, and SMART rail station. Attachment 6 shows a half-mile radius
around bus stops with headways of 30 minutes or less, transfer station, and SMART stations.
Attachment 7 shows a half-mile radius around the SMART stations – the transfer station is
around the Downtown SMART station.
Options:
State Law Standard Option
o “Public Transit”, without providing a specific definition.
The most conservative interpretation would be to include all bus stops, train
stations and paratransit regardless of headway. This provides the broadest
area of parking exceptions.
San Rafael Standard Option
o Refer to “State Law Standard Option” or “Selected Standard Emphasis.” San
Rafael does not have a specific definition of “Public Transit” that relates to ADU
requirements.
Selected Standard Emphasis
o Alternative 1: “Public Transit” is defined as all bus stops, transfer stations, and rail
stations (Attachment 5).
o Alternative 2: “Public Transit” is defined as bus stops where headways are 30
minutes or less, transfer stations, and rail stations (Attachment 6).
o Alternative 3: “Public Transit” is defined as transfer stations and rail stations
(Attachment 7).
6. Architectural Compatibility and Discretionary Review
The Former ADU Ordinance contained provisions establishing that certain ADUs are subject to
issuance of an Environmental and Design Review Permit. The projects that required an
Environmental and Design Review P\permit for an ADU included an upper story addition greater
than 500 square feet to an existing residence, an ADU above the ground floor of an accessory
structure, and new construction or exterior modification of buildings on slopes greater than 25
percent. Based on State Law, only ADU applications requesting exceptions from standards can
be required to undergo discretionary review, since ADUs that meet standards must be approved
ministerially under State Law. As such, the previous provisions in San Rafael’s ordinance have
been rephrased. The revised language sets up clear ministerial standards based on the previous
provisions and establishes a process for consideration of exceptions to standards through
discretionary review permits.
Required Changes:
Establish ADU criteria for ministerial approvals
o Former Language (criteria requiring Environmental and Design Review)
Upper story additions over 500 square feet
ADUs above ground floor in separate or accessory structures
Modification or construction on lots with slope greater than 25 percent
o Revised (standards for ministerial approval)
Upper story additions shall be 500 square feet or less
ADUs shall not be located above the ground floor in an accessory structure
REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 8
Modification or construction on lots with slope 25 percent or less
The process for discretionary review of exceptions from standards can either be codified as the
Environmental and Design Review process and called for in the current ordinance, or as a Use
Permit.
Options:
State Law Standard Option
o State Law does not provide specifics on establishing a discretionary review
process.
San Rafael Standard Option
o Maintain environmental and design review permit to grant exceptions for
applicable units (upper story additions over 500 square feet and ADUs above the
ground floor) and delete requirements that would not be consistent with State Law
(ADUs in accessory structures within side or rear setbacks).
The benefit of this option is that it does not change existing permit
procedures. The downside is that some exceptions to standards in the
ADU ordinance are evaluated through use permits while others are
evaluated through environmental and design review permits.
Selected Standard Option
o Establish use permits in place of environmental and design review permit to grant
exceptions for applicable units (upper story additions over 500 square feet and
ADUs above the ground floor) and delete requirements that would not be
consistent with State Law (ADUs in accessory structures within side or rear
setbacks).
The benefit of this option is to establish all exceptions from standards in the
ADU ordinance under one permit type: the use permit. The downside is
that this is a change from the current permit type requirements.
7. Road Width and Discretionary Review:
State Law allows local agencies to designate geographical areas where ADUs are allowed and
restrict ADUs from other specific areas based on potential health and safety impacts, including
adequacy of water and sewer service and traffic flow impact. Alternatively, the ordinance may
provide for discretionary review of ADUs in these areas (i.e., through a use permit).
Consideration should be given to whether traffic flow impacts may result from how “Public Transit”
is defined since the specific definition would determine the areas of parking exception. Where
parking is no longer required on a property due to the parking exception, it should be considered
whether there still may be a demand for parking that would occur on-street instead and whether
this parking can create substantial traffic flow or safety impacts on narrow roads. Areas with
narrow roads include hillside residential areas, such as the ones above Lincoln Ave, Gerstle Park,
and West End. A map has been prepared to show areas with narrow road widths; roads that are
less than 26 feet in width were used as the standard for defining narrow roads (Attachment 8).
There is discretion on whether road widths should be considered in ADU regulations. State Law
and the Former ADU Ordinance did not establish requirements related to road width. Planning
Commission may consider whether traffic flow impacts and on-street parking in areas of narrow
road widths should be addressed through standards in the ADU ordinance, or whether there are
other ways to address these concerns.
REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 9
Establishing a road width standard within the ADU ordinance can allow for additional
discretionary review to be conducted for projects requesting exemptions from the standard. An
example would be establishing a road width standard of 26 feet, and the 26 foot road width
minimum would serve as a standard that must be met for ministerial approval of an ADU – road
width less than 26 feet would require discretionary review. The standard of 26 feet has been used
by the City in other regulations. Discussions with the Fire Department indicated that a lower
minimum standard of 20 feet may be an appropriate if desired; and projects where road widths
are less than 20 feet but more than 13 feet could be considered under further assessment or
discretionary review.
A road width standard does not need to be established, and other alternatives may be considered
to address any road width concerns. An example would be considering “no parking” signs and
enforcement of “no parking” regulations in areas with narrow road widths. As this is not a
development standard, it is outside the scope of the ADU ordinance update but provides an
example alternative to establishing a codified requirement in the ADU ordinance.
Options:
State Law Standard Option
o None
San Rafael Standard Option
o None
Selected Standard Option
o Alternative 1: ADU must be on a lot with access from a road 26 foot or greater in
width. A use permit can grant an exception where roads are less than 26 feet.
o Alternative 2: Same as Alternative 1 above, but limited to certain geographic
areas.
o Alternative 3: No standard
o Alternative 4: Other proposed option
8. Parking for JADUs. Under State Law, additional parking cannot be required for JADUs, but cities
may set regulations for single-family residences containing JADUs as long as they apply
uniformly to all single-family residences.
San Rafael’s JADU Ordinance did not require additional parking for the JADU, but required that
the main residence have code compliant parking (2 covered spaces). This issue was discussed in
detail by the Planning Commission and City Council as part of the adoption of the JADU
Ordinance in 2016 and ultimately adopted he requirement that the main house have two code
compliant covered spaces. City staff was tasked with monitoring JADU creation and providing a
report back to the Commission and Council for further review and potential elimination of that
requirement.
The language of the Former ADU Ordinance can be maintained, however parking requirements
may be further relaxed to encourage JADU development following example language provided in
the HCD ADU Memorandum, December 2016, shown in Alternative 2 below.
Options:
Alternative 1 (maintain Former ADU Ordinance language): “The main single-family
dwelling must meet the current off-street parking standard in effect at the time the junior
second unit is approved.”
Alternative 2: “No additional parking is required beyond that required when the existing
primary dwelling was constructed.”
REPORT TO PLANNING COMMISSION - Case No: P17-009/ZO17-002 Page 10
ENVIRONMENTAL DETERMINATION
Given that there is no action or decision on this item, the proposed project is exempt from the
requirements of the California Environmental Quality Act (CEQA). While preparing the Draft Ordinance,
CEQA will be considered and appropriate level of analysis and the CEQA determination will be provided
at that time.
NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of this meeting was provided 15 days in advance to the Federation of San Rafael Neighborhoods,
North San Rafael Coalition, Pt San Pedro Rd Coalition, Chamber of Commerce, Marin Builders
Exchange and Lilly Pad homes and other interested parties. This informational report is the first step in a
public process that will occur over the next 4-6 months, as staff presents the Draft Ordinance to the
community, solicits feedback, and brings the Draft Ordinance to the Planning Commission and City
Council. Given the significant change to State Law, it was appropriate for staff to inform the Commission
of these changes and solicit any initial comments through this information report, before progressing
through the public outreach and Planning Commission then City Council review.
At the July 25, 2017 meeting, one member of the public expressed concern with the state law provision
eliminating the need for off street parking, particularly as it relates to narrow, hillside roads and impacts
to emergency services. At the time of the preparation of this report, no written or oral comments have
been received.
EXHIBITS
1. State ADU Law – Government Code Section 65852.2
2. State JADU Law – Government Code Section 65852.22
3. HCD Accessory Dwelling Unit Memorandum, December 2016
4. Comparison Table of Former ADU Ordinance and Options
5. Transit Radius Map: Bus Stops - All
6. Transit Radius Map: Bus Stops - Local
7. Transit Radius Map: Transit Station
8. Road Width Map
(:-:a~---\
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""I', ,.;. ELE CTRO NIC LE GA L MATERIAL
State of California
GOVERNMENT CODE
Section 65852.2
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of
accessory dwelling units in single-family and multifamily residential zones. The
ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory
dwelling units may be permitted. The designation of areas may be based on criteria,
that may include, but are not limited to, the adeql,lacy of water and sewer services and
the impact of accessory dwelling units on traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but are not
limited to, parking, height, setback, lot coverage, landscape, architectural review,
maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking
requirements for any accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units d,o not exceed the allowable density for
the lot upon which the accessory dwelling unit is located, and that accessory dwelling
units are a residential use that is consistent with the existing general plan and zoning
designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The unit is not intended for sale separate from the primary residence and may
be rented.
(ii) The lot is zoned for single-family or multifamily use and contains an existing,
single-family dwelling.
(iii) The accessory dwelling unit is either attached to the existing dwelling or
located within the living area of the existing dwelling or detached from the existing
dwelling and located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall not exceed
50 percent of the existing living area, with a maximum increase in floor area of 1,200
square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not
exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an
accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted to a
accessory dwelling unit, and a setback of no more than five feet from the side and
rear lot lines shall be required for an accessory dwelling unit that is constructed above
a garage.
(viii) Local building code requirements that apply to detached dwellings, as
appropriate.
(ix) Approval by the local health officer where a private sewage disposal system
is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one
parking space per unit or per bedroom. These spaces may be provided as tandem
parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined
by the local agency or through tandem parking, unless specific findings are made that
parking in setback areas or tandem parking is not feasible based upon specific site or
regional topographical or fire and life safety conditions, or that it is not permitted
anywhere else in the jurisdiction.
(III) This clause shall not apply to a unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit, and the local agency
requires that those offstreet parking spaces be replaced, the replacement spaces may
be located in any configuration on the same lot as the accessory dwelling unit,
including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces,
or by the use of mechanical automobile parking lifts. This clause shall not apply to a
unit that is described in subdivision (d).
(2) The ordinance shall not be considered in the application of any local ordinance,
policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for
a permit pursuant to this subdivision, the application shall be considered ministerially
without discretionary review or a hearing, notwithstanding Section 65901 or 65906
or any local ordinance regulating the issuance of variances or special use permits,
within 120 days after receiving the application. A local agency may charge a fee to
reimburse it for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature, including the costs of adopting
or amending any ordinance that provides for the creation of an accessory dwelling
unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by
a local agency or an accessory dwelling ordinance adopted by a local agency
subsequent to the effective date of the act adding this paragraph shall provide an
approval process that includes only ministerial provisions for the approval of accessory
dwelling units and shall not include any discretionary processes, provisions, or
requirements for those units, except as otherwise provided in this subdivision. In the
event that a local agency has an existing accessory dwelling unit ordinance that fails
to meet the requirements of this subdivision, that ordinance shall be null and void
upon the effective date of the act adding this paragraph and that agency shall thereafter
apply the standards established in this subdivision for the approval of accessory
dwelling units, unless and until the agency adopts an ordinance that complies with
this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the denial
of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall
use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use
that contains an existing single-family dwelling. No additional standards, other than
those provided in this subdivision, shall be utilized or imposed, except that a local
agency may require an applicant for a permit issued pursuant to this subdivision to
be an owner-occupant or that the property be used for rentals of terms longer than 30
days.
(7) A local agency may atnend its zoning ordinance or general plan to incorporate
the policies, procedures, or other provisions applicable to the creation of an accessory
dwelling unit if these provisions are consistent with the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed
to be an accessory use or an accessory building and shall not be considered to exceed
the allowable density for the lot upon which it is located, and shall be deemed to be
a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelIing unit shall not be considered in the
application of any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a) receives its first application on or .
after July 1, 1983, for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall accept the application and approve or disapprove
the application ministerially without discretionary review pursuant to subdivision (a)
within 120 days after receiving the application.
(c) A local agency may establish minimum and maximum unit size requirements
for both attached and detached accessory dwelling units. No minimum or maximum
size for an accessory dwelling unit, or size based upon a percentage of the existing
dwelling, shall be established by ordinance for either attached or detached dwellings
that does not permit at least an efficiency unit to be constructed in compliance with
local development standards. Accessory dwelling units shall not be required to provide
fire sprinklers if they are not required for the primary residence.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted
an ordinance governing accessory dwelling units in accordance with subdivision (a),
shall not impose parking standards for an accessory dwelling unit in any of the
following instances:
(1) The accessory dwelling unit is located within one-half mile of public transit.
(2) The accessory dwelling unit is located wit,hin an architecturally and historically
significant historic district.
(3) The accessory dwelling unit is part of the existing primary residence or an
existing accessory structure.
(4) When on-street parking permits are required but not offered to the occupant
of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory
dwelling unit.
\
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall
ministerially approve , an application for a building pennit to create within a
single-falnily residential zone one accessory dwelling unit per single-family lot if the
unit is contained within the existing space of a single-family residence or accessory
structure, has independent exterior access from the existing residence, and the side
and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be
required to provide fire sprinklers if they are not required for the primary residence.
(f) (1) Fees charged for the construction of accessory dwelling units shall be
determined in accordance with Chapter 5 (commencing with Section 66000) and
Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses for the
purposes of calculating local agency connection fees or capacity charges for utilities,
including water and sewer service.
(A) For an accessory dwelling unit described in subdivision ( e), a local agency
shall not require the applicant to install a new or separate utility connection directly
between the accessory dwelling unit and the utility or impose a related connection
fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision ( e), a local
agency may require a new or separate utility connection directly between the accessory
dw~lling unit and the utility. Consistent with Section 66013, the connection may be
subject to a connection fee or capacity charge that shall be proportionate to the burden
of the proposed accessory dwelling unit, based upon either its size or the number of
its plunlbing fixtures, upon the water or sewer system. This fee or charge shall not
exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive
requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant to
subdivision (a) to the Department of Housing and Community Development within
60 days after adoption.
(i) As used in this section, the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit including
basements and attics but does not include a garage or any accessory structure.
(2) "Local agency" means a city, county, or city and county, whether general law
or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning as set forth
in Section 65589.5.
(4) "Accessory dwelling unit" means an attached or a detached residential dwelling
unit which provides complete independent living facilities for one or more persons.
It shall include permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as the single ~family dwelling is situated. An accessory
dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety
Code.
(5) "Passageway" means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the accessory dwelling unit.
U) Nothing in this section shall be construed to supersede or in any way alter or
lessen the effect or application of the California Coastal Act (Division 20 (commencing
with Section 30000) of the Public Resources Code), except that the local government
shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(Amended by Stats. 2016, Ch . 735, Sec. 1.5. (AB 2299) Effective January 1,2017.)
//1;'" . ..., fA"t ~) I TAn (II 1~:'\I ,lro p,\iL\
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ELECTRONIC LEGAL >lATERI AL
Assembly Bill No. 2406
CHAPTER 755
An act to add Section 65852.22 to the Government Code, relating to
housing, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 28,2016. Filed with
Secretary of State September 28 , 2016 .]
LEGISLATIVE COUNSEL'S DIGEST
AB 2406, Thurmond . Housing: junior accessory dwelling t,mits.
The Planning and Zoning Law authorizes a local agency to provide by
ordinance for the creation of 2nd units in single-family and multifamily
residential areas, as prescribed.
This bill would, in addition, authorize a local agency to provide by
ordinance for the creation of junior accessory dwelling units, as defined, in
single-family residential zones. The bill would require the ordinance to
include, among other things, standards for the creation of ajunior accessory
dwelling unit, required deed restrictiohS, and occupancy requirements. The
bill would prohibit an ordinance from requiring, as a condition of granting
a permit for a junior accessory dwelling unit, additional parking
requirements.
This bill would declare that it is to take effect immediately as an urgency
statute.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.22 is added to the Government Code,
immediately following Section 65852.2, to read:
65852.22. (a) Notwithstanding Section 65852.2, a local agency may,
by ordinance, provide for the creation of junior accessory dwelling units in
single-family residential zones. The ordinance may require a permit to be
obtained for the creation of a junior accessory dwelling unit, and shall do
all of the following:
(I) Limit the number of junior accessory dwelling units to one per
residential lot zoned for single-family residences with a single-family
residence already built on the lot.
(2) Require owner-occupancy in the single-family residence in which
the junior accessory dwelling unit will be permitted. The owner may reside
in either the remaining portion of the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall not be required if the owner
is another governmental agency, land trust, or housing organization.
92
Ch.755
(3) Require the recordation of a deed restriction, which shall run with
the land, shall be filed with the pennitting agency, and shall include both
of the following:
(A) A prohibition on the sale of the junior accessory dwelling l,mit
separate from the sale of the single-family residence, including a statement
that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling
unit that'conforms with this section.
(4) R~quire a permitted junior accessory dwelling unit to be constructed
within the existing walls of the structure, and require the inclusion of an
existing bedroom.
(5) Require a permitted junior accessory dwelling to include a separate
entrance from the main entrance to the structure, with an interior entry to
the main living area. A permitted junior accessory dwelling may include a
second interior doorway for sound attenuation .
(6) R~quire the permitted junior accessory dwelling unit to include an
efficiency kitchen, which shall include all of the following:
(A) A sink with a maximum waste line diameter of 1.5 inches.
(B) A cooking facility with appliances that do not require electrical
service greater than 120 volts, or natural or propane gas.
(C) A fooel preparation counter and storage cabinets that are of reasonable
size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition
to grant a pem1it.
(2) This subdivision shall not be interpreted to prohibit the requirement
of an inspection, including the imposition of a fee for that inspection, to
determine whether the junior accessory dwelling unit is in compliance with
applicable building standards.
(c) An application for a pennit pursuant to this section shall,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, be considered ministerially,
without discretionary review or a hearing. A permit shall be issued within
120 days of submission of an application for a permit pursuant to this section .
A local agency may charge a fee to reimburse the local agency for costs
incurred in connection with the issuance of a permit pursuant to this section .
(d) For the purposes of any fire or life protection ordinance or regulation,
a junior accessory dwelling unit shaH not be considered a separate or new
dweHing unit. This section shaH not be construed to prohibit a city, county,
city and county, or other local public entity from adopting an ordinance or
regulation relating to fire and life protection requirements within a
single-family residence that contains a junior accessory dwelling unit so
long as the ordinance or regulation applies uniformly to all single-family
residences within the zone regardless of whether the single-family residence
includes a junior accessory dwelling unit or not.
(e) For the purposes of providing service for water, sewer, or power,
including a connection fee, a junior accessory dwelling unit shall not be
considered a separate or new dwelling unit:
92
I
-3-Ch.755
(f) This section shall not be construed to prohibit a local agency from
adopting an ordinance or regulation, related to parking or a service or a
connection fee for water, sewer, or power, that applies to a single-family
residence that contains a junior accessory dwelling unit, so long as that
ordinance or regulation applies uniformly to all single-family residences
regardless of whether the single-family residence includes ajunior accessory
dwelling unit .
(g) For purposes of this section, the following terms have the following
meanings:
(1) "Junior accessory dwelling unit" means a unit that is no more than
500 square feet in size and contained entirely within an existing single-family
structure. A junior accessory dwelling unit may include separate sanitation
facilities, or may share sanitation facilities with the existing structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the meaning of
Article IV of the Constitution and shall go into immediate effect The facts
constituting the necessity are:
In order to allow local jurisdictions the ability to promulgate ordinances
that create secure income for homeowners and secure housing for renters,
at the earliest possible time, it is necessary for this act to take effect
immediately.
o
92
California Department of Housing and Community Development
Where Foundations Begin
Accessory Dwelling Unit
Memorandum
December 2016
Courtesy of Karen Chapple, UC Berkeley
Table of Contents
Understanding ADUs and Their Importance ...................................................................................... 1
Summary of Recent Changes to Accessory Dwelling Unit Laws ..................................................... 3
Frequently Asked Questions: Accessory Dwelling Units ................................................................. 7
Should an Ordinance Encourage the Development of ADUs? .......................................................... 7
Are Existing Ordinances Null and Void? ........................................................................................... 7
Are Local Governments Required to Adopt an Ordinance? .............................................................. 8
Can a Local Government Preclude ADUs? ...................................................................................... 8
Can a Local Government Apply Development Standards and Designate Areas? ............................. 8
Can a Local Government Adopt Less Restrictive Requirements? .................................................... 9
Can Local Governments Establish Minimum and Maximum Unit Sizes? .......................................... 9
Can ADUs Exceed General Plan and Zoning Densities? ............................................................... 10
How Are Fees Charged to ADUs?.................................................................................................. 11
What Utility Fee Requirements Apply to ADUs…………………………………………………………..11
What Utility Fee Requirements Apply to Non-City and County Service Districts? ........................... 11
Do Utility Fee Requirements Apply to ADUs within Existing Space? .............................................. 11
Does “Public Transit” Include within One-half Mile of a Bus Stop and Train Station? ..................... 11
Can Parking Be Required Where a Car Share is Available? .......................................................... 12
Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? ............................. 12
Is Covered Parking Required? ....................................................................................................... 12
Is Replacement Parking Required When the Parking Area for the Primary Structure is Used for an
ADU? ............................................................................................................................................. 12
Are Setbacks Required When an Existing Garage is Converted to an ADU? ................................. 12
Are ADUs Permitted in Existing Residence and Accessory Space? ............................................... 13
Are Owner Occupants Required? .................................................................................................. 13
Are Fire Sprinklers Required for ADUs? ......................................................................................... 13
Is Manufactured Housing Permitted as an ADU? ........................................................................... 14
Can an Efficiency Unit Be Smaller than 220 Square Feet?............................................................. 14
Does ADU Law Apply to Charter Cities and Counties? .................................................................. 14
Do ADUs Count toward the Regional Housing Need Allocation………………………………… ....... 14
Must Ordinances Be Submitted to the Department of Housing and Community Development? ..... 15
Frequently Asked Questions: Junior Accessory Dwelling Units ................................................... 16
Is There a Difference between ADU and JADU? ............................................................................ 16
Why Adopt a JADU Ordinance?…………………………………………………. ................................. 17
Can JADUs Count towards The RHNA? ........................................................................................ 17
Can the JADU Be Sold Independent of the Primary Dwelling? ....................................................... 17
Are JADUs Subject to Connection and Capacity Fees? ................................................................. 17
Are There Requirements for Fire Separation and Fire Sprinklers? ................................................. 18
Resources .......................................................................................................................................... 19
Attachment 1: Statutory Changes (Strikeout/Underline) ................................................................. 19
Attachment 2: Sample ADU Ordinance .......................................................................................... 26
Attachment 3: Sample JADU Ordinance ........................................................................................ 29
Attachment 4: State Standards Checklist ....................................................................................... 32
Attachment 5: Bibliography ............................................................................................................ 33
1
Understanding Accessory Dwelling Units
and Their Importance
California’s housing production is not keeping pace with
demand. In the last decade less than half of the needed
housing was built. This lack of housing is impacting
affordability with average housing costs in California
exceeding the rest of the nation. As affordability
becomes more problematic, people drive longer distances
between a home that is affordable and where they work,
or double up to share space, both of which reduces
quality of life and produces negative environmental
impacts.
Beyond traditional market-rate construction and
government subsidized production and preservation there
are alternative housing models and emerging trends that can
contribute to addressing home supply and affordability in California.
One such example gaining popularity are Accessory Dwelling Units (ADUs) (also referred to as second units, in-
law units, or granny flats).
ADUs offer benefits that address common development barriers such as affordability and environmental quality.
ADUs are an affordable type of home to construct in California because they do not require paying for land, major
new infrastructure, structured parking, or elevators. ADUs are built with cost-effective one- or two-story wood frame
construction, which is significantly less costly than homes in new multifamily infill buildings. ADUs can provide as
much living space as the new apartments and condominiums being built in new infill buildings and serve very well
for couples, small families, friends, young people, and seniors.
ADUs are a different form of housing that can help California meet its diverse housing needs. Young professionals
and students desire to live in areas close to jobs, amenities, and schools. The problem with high -opportunity areas
is that space is limited. There is a shortage of affordable units and the units that are available can be out of reach
for many people. To address the needs of individuals or small families seeking living quarters in high opportunity
areas, homeowners can construct an ADU on their lot or convert an underutilized part of their home like a garage
What is an ADU
An ADU is a secondary dwelling unit with complete independent living facilities for one or more persons
and generally takes three forms:
Detached: The unit is separated from the primary structure
Attached: The unit is attached to the primary structure
Repurposed Existing Space: Space (e.g., master bedroom) within the primary residence is
converted into an independent living unit
Junior Accessory Dwelling Units: Similar to repurposed space with various streamlining measures
Courtesy of Karen Chapple, UC Berkeley
2
into a junior ADU. This flexibility benefits not just people renting the space, but the homeowner as well, who can
receive an extra monthly rent income.
ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing
seniors to age in place as they require more care and helping extended families to be near one another while
maintaining privacy.
Relaxed regulations and the cost to build an ADU make it a very feasible affordable housing option. A UC Berkeley
study noted that one unit of affordable housing in the Bay Area costs about $500,000 to develop whereas an ADU
can range anywhere up to $200,000 on the expensive end in high housing cost areas.
ADUs are a critical form of infill-development that can be affordable and offer important h ousing choices within
existing neighborhoods. ADUs are a powerful type of housing unit because they allow for different uses, and serve
different populations ranging from students and young professionals to young families, people with disabilities and
senior citizens. By design, ADUs are more affordable and can provide additional income to homeowners. Local
governments can encourage the development of ADUs and improve access to jobs, education and services for
many Californians.
3
Summary of Recent Changes to ADU Laws
The California legislature found and declared that,
among other things, allowing accessory dwelling units
(ADUs) in single family and multifamily zones
provides additional rental housing and are an
essential component in addressing housing needs in
California. Over the years, ADU law has been revised
to improve its effectiveness such as recent changes
in 2003 to require ministerial approval. In 2017,
changes to ADU laws will further reduce barriers,
better streamline approval and expand capacity to
accommodate the development of ADUs.
ADUs are a unique opportunity to address a variety of
housing needs and provide affordable housing
options for family members, friends, students, the
elderly, in-home health care providers, the disabled,
and others. Further, ADUs offer an opportunity to maximize and
integrate housing choices within existing neighborhoods.
Within this context, the Department has prepared this guidance to assist local governments in encouraging the
development of ADUs. Please see Attachment 1 for the complete statutory changes. The following is a brief
summary of the changes for each bill.
SB 1069 (Wieckowski)
S.B. 1069 (Chapter 720, Statutes of 2016) made several changes to address barriers to the development of ADUs
and expanded capacity for their development. The following is a brief summary of provisions that go into effect
January 1, 2017.
Parking
SB 1069 reduces parking requirements to one space per bedroom or unit. The legislation authorizes off street
parking to be tandem or in setback areas unless specific findings such as fire and life safety conditions are made.
SB 1069 also prohibits parking requirements if the ADU meets any of the following:
• Is within a half mile from public transit.
• Is within an architecturally and historically significant historic district.
• Is part of an existing primary residence or an existing accessory structure.
• Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.
• Is located within one block of a car share area.
Courtesy of Karen Chapple, UC Berkeley
4
Fees
SB 1069 provides that ADUs shall not be considered new residential uses for the purpose of calculating utility
connection fees or capacity charges, including water and sewer service. The bill prohibits a local agency from
requiring an ADU applicant to install a new or separate utility connection or impose a related connection fee or
capacity charge for ADUs that are contained within an existing residence or accessory structure. For attached and
detached ADUs, this fee or charge must be proportionate to the burden of the unit on the water or sewer system
and may not exceed the reasonable cost of providing the service.
Fire Requirements
SB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not required in the
primary residence.
ADUs within Existing Space
Local governments must ministerially approve an application to create within a single family residential zone one
ADU per single family lot if the unit is:
• contained within an existing residence or accessory structure.
• has independent exterior access from the existing residence.
• has side and rear setbacks that are sufficient for fire safety.
These provisions apply within all single family residential zones and ADUs within existing space must be allowed in
all of these zones. No additional parking or other development standards can be applied except for building code
requirements.
No Total Prohibition
SB 1069 prohibits a local government from adopting an ordinance that precludes ADUs.
AB 2299 (Bloom)
Generally, AB 2299 (Chapter 735, Statutes of 2016) requires a local government (beginning January 1, 2017) to
ministerially approve ADUs if the unit complies with certain parking requirements, the maximum allowable size of
an attached ADU, and setback requirements, as follows:
The unit is not intended for sale separate from the primary residence and may be rented.
The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.
The unit is either attached to an existing dwelling or located within the living area of the existing dwelling or
detached and on the same lot.
The increased floor area of the unit does not exceed 50% of the existing living area, with a maximum
increase in floor area of 1,200 square feet.
The total area of floorspace for a detached accessory dwelling unit does not exceed 1,200 square feet.
No passageway can be required.
No setback can be required from an existing garage that is converted to an ADU.
5
Compliance with local building code requirements.
Approval by the local health officer where private sewage disposal system is being used .
Impact on Existing Accessory Dwelling Unit Ordinances
AB 2299 provides that any existing ADU ordinance that does not meet the bill’s requirements is null and void upon
the date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based on
Government Code Section 65852.2 until the jurisdiction adopts a compliant ordinance.
AB 2406 (Thurmond)
AB 2406 (Chapter 755, Statutes of 2016) creates more flexibility for housing options by authorizing local
governments to permit junior accessory dwelling units (JADU) through an ordinance. The bill defines JADUs to be
a unit that cannot exceed 500 square feet and must be completely contained within the space of an existing
residential structure. In addition, the bill requires specified components for a local JADU ordinance. Adoption of a
JADU ordinance is optional.
Required Components
The ordinance authorized by AB 2406 must include the following requirements:
• Limit to one JADU per residential lot zoned for single-family residences with a single-family residence already
built on the lot.
• The single-family residence in which the JADU is created or JADU must be occupied by the owner of the
residence.
• The owner must record a deed restriction stating that the JADU cannot be sold separately from the single-
family residence and restricting the JADU to the size limitations and other requirements of the JADU
ordinance.
• The JADU must be located entirely within the existing structure of the single-family residence and JADU have
its own separate entrance.
• The JADU must include an efficiency kitchen which includes a sink, cooking appliance, counter surface, and
storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed.
• The JADU may share a bath with the primary residence or have its own bath.
Prohibited Components
This bill prohibits a local JADU ordinance from requiring:
• Additional parking as a condition to grant a permit.
• Applying additional water, sewer and power connection fees. No connections are needed as these utilities
have already been accounted for in the original permit for the home.
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Fire Safety Requirements
AB 2406 clarifies that a JADU is to be considered part of the single-family residence for the purposes of fire and
life protections ordinances and regulations, such as sprinklers and smoke alarms. The bill also requires life and
protection ordinances that affect single-family residences to be applied uniformly to all single-family residences,
regardless of the presence of a JADU.
JADUs and the RHNA
As part of the housing element portion of their general plan, local governments are required to identify sites with
appropriate zoning that will accommodate projected housing needs in their regional housing need allocation
(RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a JADU toward the
RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit which is fairly
flexible. Local government count units as part of reporting to DOF. JADUs meet these definitions and this bill
would allow cities and counties to earn credit toward meeting their RHNA allocations by permitting residents to
create less costly accessory units. See additional discussion under JADU frequently asked questions.
7
Frequently Asked Questions:
Accessory Dwelling Units
Should an Ordinance Encourage the Development of ADUs?
Yes, ADU law and recent changes intend to address barriers, streamline approval and expand potential capacity
for ADUs recognizing their unique importance in addressing California’s housing needs. The preparation, adoption,
amendment and implementation of local ADU ordinances must be carried out consistent with Government Code
Section 65852.150:
(a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing in California.
(2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care
providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of
security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental
housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing demand with serious consequences for
the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and
the well-being of our citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within
existing neighborhoods, while respecting architectural character.
(8) Accessory dwelling units are, therefore, an essential component of California’s housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has
the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating
to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or
burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in
zones in which they are authorized by local ordinance.
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Are Existing Ordinances Null and Void?
Yes, any local ordinance adopted prior to January 1, 2017
that is not in compliance with the changes to ADU law will be
null and void. Until an ordinance is adopted, local
governments must apply “state standards” (See Attachment
4 for State Standards checklist). In the absence of a local
ordinance complying with ADU law, local review must be
limited to “state standards” and cannot include additional
requirements such as those in an existing ordinance.
Are Local Governments Required to Adopt
an Ordinance?
No, a local government is not required to adopt an ordinance. ADUs built within a jurisdiction that lacks a local
ordinance must comply with state standards (See Attachment 4). Adopting an ordinance can occur through
different forms such as a new ordinance, amendment to an existing ordinance, separate section or special
regulations within the zoning code or integrated into the zoning co de by district. However, the ordinance should be
established legislatively through a public process and meeting and not through internal administrative actions such
as memos or zoning interpretations.
Can a Local Government Preclude ADUs?
No local government cannot preclude ADUs.
Can a Local Government Apply Development Standards and Designate Areas?
Yes, local governments may apply development standards and may designate where ADUs are permitted (GC
Sections 65852.2(a)(1)(A) and (B)). However, ADUs within existing structures must be allowed in all single family
residential zones.
For ADUs that require an addition or a new accessory structure, development standards such as parking, height,
lot coverage, lot size and maximum unit size can be established with certain limitations. ADUs can be avoided or
allowed through an ancillary and separate discretionary process in areas with health and safety risks such as high
fire hazard areas. However, standards and allowable areas must not be designed or applied in a manner that
burdens the development of ADUs and should maximize the potential for ADU development. Designating areas
where ADUs are allowed should be approached primarily on health and safety issues including water, sewer, traffic
flow and public safety. Utilizing approaches such as restrictive overlays, limiting ADUs to larger lot sizes,
burdensome lot coverage and setbacks and particularly concentration or distance requirements (e.g., no less than
500 feet between ADUs) may unreasonably restrict the ability of the homeowners to create ADUs, contrary to the
intent of the Legislature.
Courtesy of Karen Chapple, UC Berkeley
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Can a Local Government Adopt Less Restrictive Requirements?
Yes, ADU law is a minimum requirement and its purpose is to encourage the development of ADUs. Local
governments can take a variety of actions beyond the statute t hat promote ADUs such as reductions in fees, less
restrictive parking or unit sizes or amending general plan policies.
Can Local Governments Establish Minimum and Maximum Unit Sizes?
Yes, a local government may establish minimum and maximum unit sizes (GC Section 65852.2(c). However, like
all development standards (e.g., height, lot coverage, lot size), unit sizes should not burden the development of
ADUs. For example, setting a minimum unit size that substantially increases costs or a maximum unit size that
unreasonably restricts opportunities would be inconsistent with the intent of the statute. Typical maximum unit
sizes range from 800 square feet to 1,200 square feet. Minimum unit size must at least allow for an efficiency unit
as defined in Health and Safety Code Section 17958.1.
ADU law requires local government approval if meeting various requirements (GC Section
65852.2(a)(1)(D)), including unit size requirements. Specifically, attached ADUs shall not exceed 50
percent of the existing living area or 1,200 square feet and detached ADUs shall not exceed 1,200
square feet. A local government may choose a maximum unit size less than 1,200 square feet as long
as the requirement is not burdensome on the creation of ADUs.
Requiring large minimum lot sizes and not allowing smaller lot sizes for ADUs can severely restrict their
potential development. For example, large minimum lot sizes for ADUs may constrict capacity throughout
most of the community. Minimum lot sizes cannot be applied to ADUs within existing structures and could
be considered relative to health and safety concerns such as areas on septic system s. While larger lot
sizes might be targeted for various reasons such as ease of compatibility, many tools are available (e.g.,
maximum unit size, maximum lot coverage, minimum setbacks, architectural and landscape requirements)
that allows ADUs to fit well within the built environment.
Santa Cruz has confronted a shortage of housing for many years, considering its growth in population from
incoming students at UC Santa Cruz and its proximity to Silicon Valley. The city promoted the development
of ADUs as critical infill-housing opportunity through various strategies such as creating a manual to
promote ADUs. The manual showcases prototypes of ADUs and outlines city zo ning laws and
requirements to make it more convenient for homeowners to get information. The City found that
homeowners will take time to develop an ADU only if information is easy to find, the process is simple, and
there is sufficient guidance on what options they have in regards to design and planning.
The city set the minimum lot size requirement at 4,500 sq. ft. to develop an ADU in order to encourage
more homes to build an ADU. This allowed for a majority of single-family homes in Santa Cruz to develop
an ADU. For more information, see http://www.cityofsantacruz.com/departments/planning-and-community-
development/programs/accessory-dwelling-unit-development-program.
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Can ADUs Exceed General Plan and Zoning Densities?
An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zon ing.
For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an
additional unit. Minimum lot sizes must not be doubled (e.g., 15,000 square feet) to account for an ADU. Further,
local governments could elect to allow more than one ADU on a lot.
New developments can increase the total number of affordable units in their project plans by
integrating ADUs. Aside from increasing the total number of affordable units, integrating ADUs
also promotes housing choices within a development. One such example is the Cannery project
in Davis, CA. The Cannery project includes 547 residential units with up to 60 integrated ADUs.
ADUs within the Cannery blend in with surrounding architecture, maintaining compatibility with
neighborhoods and enhancing community character. ADUs are constructed at the same time as
the primary single‐family unit to ensure the affordable rental unit is available in the housing
supply concurrent with the availability of market rate housing.
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How Are Fees Charged to ADUs?
All impact fees, including water, sewer, park and traffic fees must be charged in accordance with the Fee Mitigation
Act, which requires fees to be proportional to the actual impact (e.g., significantly less than a single family home).
Fees on ADUs, must proportionately account for impact on services based on the size of the ADU or number of
plumbing fixtures. For example, a 700 square foot new ADU with one bathroom that results in less landscaping
should be charged much less than a 2,000 square foot home with three bathrooms and an entirely new
landscaped parcel which must be irrigated. Fees for ADUs should be significantly less and should account for a
lesser impact such as lower sewer or traffic impacts.
What Utility Fee Requirements Apply to ADUs?
Cities and counties cannot consider ADUs as new residential uses when calculating connection fees and capacity
charges.
Where ADUs are being created within an existing structure (primary or accessory), the city or county cannot
require a new or separate utility connections for the ADU and cannot charge any connection fee or capacity
charge.
For other ADUs, a local agency may require separate utility connections between the primary dwelling and the
ADU, but any connection fee or capacity charge must be proportionate to the impact of the ADU based on either its
size or the number of plumbing fixtures.
What Utility Fee Requirements Apply to Non-City and County Service Districts?
All local agencies must charge impact fees in accordance with the Mitigation Fee Act (commencing with
Government Code Section 66000), including in particular Section 66013, which requires the connection fees and
capacity charges to be proportionate to the burden posed by the ADU . Special districts and non-city and county
service districts must account for the lesser impact related to an ADU and should base fees on unit size or number
of plumbing fixtures. Providers should consider a proportionate or sliding scale fee structures that address the
smaller size and lesser impact of ADUs (e.g., fees per square foot or fees per fixture). Fee waivers or deferrals
could be considered to better promote the development of ADUs.
Do Utility Fee Requirements Apply to ADUs within Existing Space?
No, where ADUs are being created within an existing structure (primary or accessory), new or separate utility
connections and fees (connection and capacity) must not be required.
Does “Public Transit” Include within One-half Mile of a Bus Stop and Train
Station?
Yes, “public transit” may include a bus stop, train station and paratransit if appropriate for the applicant. “Public
transit” includes areas where transit is available and can be considered regardless of tighter headways (e.g., 15
minute intervals). Local governments could consider a broader definition of “public transit” such as distance to a
bus route.
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Can Parking Be Required Where a Car Share Is Available?
No, ADU law does not allow parking to be required when there is a car share located within a block of the ADU. A
car share location includes a designated pick up and drop off location. Local governments can measure a block
from a pick up and drop off location and can decide to adopt broader distance requirements such as two to three
blocks.
Is Off Street Parking Permitted in Setback Areas or through Tandem Parking?
Yes, ADU law deliberately reduces parking requirements. Local governments may make specific findings that
tandem parking and parking in setbacks are infeasible based on specific site, regional topographical or fire and life
safety conditions or that tandem parking or parking in setbacks is not permitted anywhere else in the jurisdiction.
However, these determinations should be applied in a manner that does not unnecessarily restrict the creation of
ADUs.
Is Covered Parking Required?
No, off street parking must be permitted through tandem parking on an existing driveway, unless specific findings
are made.
Is Replacement Parking Required When the Parking Area for the Primary
Structure Is Used for an ADU?
Yes, but only if the local government requires off-street parking to be replaced in which case flexible arrangements
such as tandem, including existing driveways and uncovered parking are allowed. Local governments have an
opportunity to be flexible and promote ADUs that are being created on existing parking space and can consider not
requiring replacement parking.
Are Setbacks Required When an Existing Garage Is Converted to an ADU?
No, setbacks must not be required when a garage is converted or when existing space (e.g., game room or office)
above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new space
is added above a garage for an ADU. In this case, the setbacks only apply to the added space above the garage,
not the existing garage and the ADU can be constructed wholly or partly above the garage, including extending
beyond the garage walls.
Local governments must provide reasonable accommodation to persons with disabilities to promote equal
access housing and comply with fair housing laws and housing element law. The reasonable
accommodation procedure must provide exception to zoning and land use regulations which includes an
ADU ordinance. Potential exceptions are not limited and may include development standards such as
setbacks and parking requirements and permitted uses that further the housing opportunities of individuals
with disabilities.
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Also, when a garage, carport or covered parking structure is demolished or where the parking area cea ses to exist
so an ADU can be created, the replacement parking must be allowed in any “configuration” on the lot, “…including,
but not limited to, covered spaces, uncovered spaces, or tandem spaces, or….” Configuration can be applied in a
flexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existing
driveways in setback areas or not requiring excessive distances from the street would be appropriate.
Are ADUs Permitted in Existing Residence or Accessory Space?
Yes, ADUs located in single family residential zones and existing space of a single family residence or accessory
structure must be approved regardless of zoning standards (Section 65852.2(a)(1)(B)) for ADUs, including
locational requirements (Section 65852.2(a)(1)(A)), subject to usual non-appealable ministerial building permit
requirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not be
limited to certain zones or areas or subject to height, lot size, lot co verage, unit size, architectural review,
landscape or parking requirements. Simply, where a single family residence or accessory structure exists in any
single family residential zone, so can an ADU. The purpose is to streamline and expand potential for ADUs where
impact is minimal and the existing footprint is not being increased.
Zoning requirements are not a basis for denying a ministerial building permit for an ADU, including non-conforming
lots or structures. The phrase, “within the existing space” includes areas within a primary home or within an
attached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard studio
and similar enclosed structures.
Are Owner Occupants Required?
No, however, a local government can require an applicant to be an owner occupant. The owner may reside in the
primary or accessory structure. Local governments can also require the ADU to not be used for short term rentals
(terms lesser than 30 days). Both owner occupant use and prohibition on short term rentals can be required on the
same property. Local agencies which impose this requirement should require recordation of a deed restriction
regarding owner occupancy to comply with GC Section 27281.5
Are Fire Sprinklers Required for ADUs?
Depends, ADUs shall not be required to provide fire sprinklers if they are not or were not required of the primary
residence. However, sprinklers can be required for an ADU if required in the primary structure. For example, if the
primary residence has sprinklers as a result of an existing ordinance, then sprinklers could be required in the ADU.
Alternative methods for fire protection could be provided.
If the ADU is detached from the main structure or new space above a detached garage, applicants can be
encouraged to contact the local fire jurisdiction for information regarding fire sprinklers. Since ADUs are a unique
opportunity to address a variety of housing needs and provide affordable housing options for family members,
students, the elderly, in-home health care providers, the disabled, and others, the fire departments want to ensure
the safety of these populations as well as the safety of those living in the primary structure. Fire Departments can
help educate property owners on the benefits of sprinklers, potential resources and how they can be installed cost
effectively. For example, insurance rates are typically 5 to 10 percent lower where the unit is sprinklered. Finally,
other methods exist to provide additional fire protection. Some options may include additional exits, emergency
escape and rescue openings, 1 hour or greater fire-rated assemblies, roofing materials and setbacks from property
lines or other structures.
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Is Manufactured Housing Permitted as an ADU?
Yes, an ADU is any residential dwelling unit with independent facilities and permanent provisions for living,
sleeping, eating, cooking and sanitation. An ADU includes an efficiency unit (Health and Safety Code Section
17958.1) and a manufactured home (Health and Safety Code Section 18007).
Can an Efficiency Unit Be Smaller than 220 Square Feet?
Yes, an efficiency unit for occupancy by no more than two persons, by statute (Health and Safety Code Section
17958.1), can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroom
facilities, as specified by ordinance or can have the same meaning specified in the Uniform Building Code,
referenced in the Title 24 of the California Code of Regulations .
Does ADU Law Apply to Charter Cities and Counties?
Yes. ADU law explicitly applies to “local agencies” which are defined as a city, county, or city and county whether
general law or chartered (Section 65852.2(i)(2)).
Health and Safety Code Section 18007(a) “Manufactured home,” for the purposes of this part, means a
structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight
body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on
site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-
family dwelling with or without a foundation when connected to the requir ed utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home”
includes any structure that meets all the requirements of this paragraph except the size requirements and
with respect to which the manufacturer voluntarily files a certification and complies with the standards
established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C.,
Sec. 5401, and following).
The 2015 International Residential Code adopted by reference into the 2016 California Residential Code
(CRC) allows residential dwelling units to be built considerably smaller than an Efficiency Dwelling Unit
(EDU). Prior to this code change an EDU was required to have a minimum floor area not less than 220 sq.
ft unless modified by local ordinance in accordance with the California Health and Safety Code which could
allow an EDU to be built no less than 150 sq. ft. For more information, see HCD’s Information Bulletin at
http://www.hcd.ca.gov/codes/manufactured-housing/docs/ib2016-06.pdf .
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Do ADUs Count toward the Regional Housing Need Allocation?
Yes, local governments may report ADUs as progress toward Regional Housing Need Allocation pursuant to
Government Code Section 65400 based on the actual or anticipated affordability. See below frequently asked
questions for JADUs for additional discussion.
Must ADU Ordinances Be Submitted to the Department of Housing and
Community Development?
Yes, ADU ordinances must be submitted to the State Department of Housing and Community Development within
60 days after adoption, including amendments to existing ordinances. However, upon submittal, the ordinance is
not subject to a Department review and findings process similar to housing element law (GC Section 65585)
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Frequently Asked Questions:
Junior Accessory Dwelling Units
Is There a Difference between ADU and JADU?
Yes, AB 2406 added Government Code Section 65852.22,
providing a unique option for Junior ADUs. The bill allows
local governments to adopt ordinances for JADUs, which are
no more than 500 square feet and are typically bedrooms in a
single-family home that have an entrance into the unit from
the main home and an entrance to the outside from the
JADU. The JADU must have cooking facilities, including a
sink, but is not required to have a private bathroom. Current
law does not prohibit local governments from adopting an
ordinance for a JADU, and this bill explicitly allows, not
requires, a local agency to do so. If the ordinance requires a
permit, the local agency shall not require additional parking or
charge a fee for a water or sewer connection as a condition
of granting a permit for a JADU. For more information, see
below.
ADUs and JADUs
REQUIREMENTS ADU JADU
Maximum Unit Size Yes, generally up to 1,200 Square Feet or
50% of living area
Yes, 500 Square Foot Maximum
Kitchen Yes Yes
Bathroom Yes No, Common Sanitation is Allowed
Separate Entrance Depends Yes
Parking Depends, Parking May Be Eliminated and
Cannot Be Required Under Specified
Conditions
No, Parking Cannot Be Required
Owner Occupancy Depends, Owner Occupancy May Be
Required
Yes, Owner Occupancy Is Required
Ministerial Approval Process Yes Yes
Prohibition on Sale of ADU Yes Yes
Courtesy of Lilypad Homes and Photo Credit to Jocelyn Knight
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Why Adopt a JADU Ordinance?
JADUs offer the simplest and most affordable housing option. They bridge the gap between a roommate and a
tenant by offering an interior connection between the unit and main living area. The doors between the two spaces
can be secured from both sides, allowing them to be easily privatized or incorporated back into the main living
area. These units share central systems, require no fire separation, and have a basic kitchen, utilizing small plug
in appliances, reducing development costs. This provides flexibility and an insurance policy in homes in case
additional income or housing is needed. They present no additional stress on utility services or infrastructure
because they simply repurpose spare bedrooms that do not expand the homes planned occupancy. No additional
address is required on the property because an interior connection remains. By adopting a JADU ordinance, local
governments can offer homeowners additional options to take advantage of underutilized space and better
address its housing needs.
Can JADUs Count towards the RHNA?
Yes, as part of the housing element portion of their general plan, local governments are required to identify sites
with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation
(RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a unit toward the
RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, a
JADU, including with shared sanitation facilities, that meets the census definition and is reported to the Department
of Finance as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the
RHNA based on the appropriate income level. Local governments can track actual or anticipated affordability to
assure the JADU is counted to the appropriate income category. For example, some local governments request
and track information such as anticipated affordability as part of the building permit application.
Can the JADU Be Sold Independent of the Primary Dwelling?
No, the JADU cannot be sold separate from the primary dwelling.
Are JADUs Subject to Connection and Capacity Fees?
No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result should
not be charged a fee for providing water, se wer or power, including a connection fee. These requirements apply to
all providers of water, sewer and power, including non-municipal providers.
Local governments may adopt requirements for fees related to parking, other service or connection for water,
sewer or power, however, these requirements must be uniform for all single family residences and JADUs are not
considered a new or separate unit.
A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that
is occupied, or, if vacant, is intended for occupancy as separate living quarters. Separate living quart ers
are those in which the occupants live separately from any other persons in the building and which have
direct access from the outside of the building or through a common hall.
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Are There Requirements for Fire Separation and Fire Sprinklers?
Yes, a local government may adopt requirements related to fire and life protection requirements. However, a JADU
shall not be considered a new or separate unit. In other words, if the primary unit is not subject to fire or life
protection requirements, then the JADU must be treated the sam e.
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Resources
Courtesy of Karen Chapple, UC Berkeley
20
Attachment 1: Statutory Changes (Strikeout/Underline)
Government Code Section 65852.2
(a) (1) Any A local agency may, by ordinance, provide for the creation of second accessory dwelling units in
single-family and multifamily residential zones. The ordinance may shall do any all of the following:
(A) Designate areas within the jurisdiction of the local agency where second accessory dwelling units may be
permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the
adequacy of water and sewer services and the impact of second accessory dwelling units on traffic flow. flow and
public safety.
(B) (i) Impose standards on second accessory dwelling units that include, but are not limited to, parking, height,
setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that is listed in the California Register of Histor ic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that second accessory dwelling units do not exceed the allowable density for the lot upon which
the second accessory dwelling unit is located, and that second accessory dwelling units are a residential use that
is consistent with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The unit is not intended for sale separate from the primary residence and may be rented.
(ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.
(iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the
existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing
living area, with a maximum increase in floor area of 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a
setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per
bedroom. These spaces may be provided as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted
anywhere else in the jurisdiction.
(III) This clause shall not apply to a unit that is described in subdivision (d).
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(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as the accessory dw elling unit, including,
but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical
automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d).
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this
subdivision, the application shall be considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special
use permits. Nothing in this paragraph may be construed to require a local government to adopt or amend an
ordinance for the creation of ADUs. permits, within 120 days after receiving the application. A local agency may
charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during th e
2001–02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that
provides for the creation of ADUs. an accessory dwelling unit.
(b) (4) (1) An When existing ordinance governing the creation of an accessory dwelling unit by a local
agency which has not adopted an ordinance governing ADUs in accordance with subdivision (a) or (c) receives its
first application on or after July 1, 1983, for a permit pursuant to this subdivision, the local agency shall accept the
application and approve or disapprove the application ministerially without discretionary review pursuant to this
subdivision unless it or an accessory dwelling ordinance adopted by a local agency subsequent to the effective
date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for
the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or
requirements for those units, except as otherwise provided in thi s subdivision. In the event that a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance
shall be null and void upon the effective date of the act adding this paragraph and th at agency shall thereafter
apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the
agency adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the
application. Notwithstanding Section 65901 or 65906, every local agency shall grant a variance or special use
permit for the creation of a ADU if the ADU complies with all of the following: that complies with this section.
(A) The unit is not intended for sale and may be rented.
(B) The lot is zoned for single-family or multifamily use.
(C) The lot contains an existing single-family dwelling.
(D) The ADU is either attached to the existing dwelling and located within the living area of the existing dwelling or
detached from the existing dwelling and located on the same lot as the existing dwelling.
(E) The increased floor area of an attached ADU shall not exceed 30 percent of the existing living area.
(F) The total area of floorspace for a detached ADU shall not exceed 1,200 square feet.
(G) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges,
and other zoning requirements generally applicable to residential construction in the zone in which the property is
located.
(H) Local building code requirements which apply to detached dwellings, as appropriate.
(I) Approval by the local health officer where a private sewage disposal system is being used, if required.
22
(2) (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use
permit under this subdivision.
(3) (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed
ADUs on lots a proposed accessory dwelling unit on a lot zoned for residential use which contain that contains an
existing single-family dwelling. No additional standards, other than those provided in this subdivision or subdivision
(a), subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit
issued pursuant to this subdivision to be an owner-occupant. owner-occupant or that the property be used for
rentals of terms longer than 30 days.
(4) (7) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required
to implement this subdivision. Any A local agency may amend its zoning ordinance or general plan to incorporate
the policies, procedures, or other provisions applicable to the creation of ADUs an accessory dwelling unit if these
provisions are consistent with the limitations of this subdivision.
(5) (8) A ADU which conforms to the requirements of An accessory dwelling unit that conforms to this subdivision
shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the
allowable density for the lot upon which it is located, and shall be deemed to be a residential use which that is
consistent with the existing general plan and zoning designations for the lot. The ADUs accessory dwelling unit
shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(c) (b) No When a local agency shall adopt an ordinance which totally precludes ADUs within single -family or
multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit
housing opportunities of the region and further contains findings that specific adverse impacts on the public health,
safety, and welfare that would result from allowing ADUs within single-family and multifamily zoned areas justify
adopting the ordinance. that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling
unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the
application ministerially without discretionary review pursuant to subdivision (a) within 120 day s after receiving the
application.
(d) (c) A local agency may establish minimum and maximum unit size requirements for both attached and
detached second accessory dwelling units. No minimum or maximum size for a second an accessory dwelling unit,
or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or
detached dwellings which that does not permit at least an efficiency unit to be constructed in compliance with local
development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not
required for the primary residence.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) Parking requirements for ADUs shall not exceed one parking space per unit or per bedroom. Additional parking
may be required provided that a finding is made that the additional parking requirements are directly related to the
23
use of the ADU and are consistent with existing neighborhood standards applicable to existing dwellings. Off -street
parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking,
unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon
specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in
the jurisdiction. Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an
application for a building permit to create within a single-family residential zone one accessory dwelling unit per
single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure,
has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire
safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the
primary residence.
(f) (1) Fees charged for the construction of second accessory dwelling units shall be determined in accordance
with Chapter 5 (commencing with Section66000). 66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local
agency connection fees or capacity charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to
install a new or separate utility connection directly between the accessory dwel ling unit and the utility or impose a
related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or
separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section
66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the
burden of the proposed accessory dwelling unit, based upon either its size or the number of i ts plumbing fixtures,
upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of ADUs. an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinances ordinance adopted pursuant to subdivision (a) or (c) to
the Department of Housing and Community Development within 60 days after adoption.
(i) As used in this section, the following terms mean:
(1) “Living area,” area” means the interior habitable area of a dwelling unit including basements and attics but does
not include a garage or any accessory structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(3) For purposes of this section, “neighborhood” has the same meaning as set forth in Section 65589.5.
(4) “Second “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides
complete independent living facilities for one or more persons. It shall include permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single -family dwelling is situated. A second An
accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(5) “Passageway” means a pathway that is unobstructed clear to th e sky and extends from a street to one entrance
of the accessory dwelling unit.
24
(j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except
that the local government shall not be required to hold public hearings for coastal development permit applications
for second accessory dwelling units.
Government Code Section 65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior
accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for
the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences
with a single-family residence already built on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be
permitted. The owner may reside in either the remaining portion of the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land
trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting
agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single -family
residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure,
and require the inclusion of an existing bedroom.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the
structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second
interior doorway for sound attenuation.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of
the following:
(A) A sink with a maximum waste line diameter of 1.5 inches.
(B) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or
propane gas.
(C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior
accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of
a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable
building standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local
ordinance regulating the issuance of variances or special use permits, be considered ministerially, without
discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a
25
permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in
connection with the issuance of a per mit pursuant to this section.
(d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not
be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, co unty, city
and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection
requirements within a single-family residence that contains a junior accessory dwelling unit so long as the
ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the
single-family residence includes a junior accessory dwelling unit or not.
(e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory
dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related
to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that
contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single -
family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(g) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained
entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation
facilities, or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
26
Attachment 2: Sample ADU Ordinance
Section XXX1XXX: Purpose
This Chapter provides for accessory dwelling units on lots developed or proposed to be developed with single -
family dwellings. Such accessory dwellings contribute need ed housing to the community’s housing stock. Thus,
accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning
regulations and which enhances housing opportunities, including near transit on single family lots.
Section XXX2XXX: Applicability
The provisions of this Chapter apply to all lots that are occupied with a single family dwelling unit and zoned
residential. Accessory dwelling units do exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and are a residential use that is consistent with the existing general plan and zoning
designation for the lot.
Section XXX3XXX: Development Standards
Accessory Structures within Existing Space
An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or
other accessory structure shall be permitted ministerially with a building permit regardless of all other standards
within the Chapter if complying with:
1. Building and safety codes
2. Independent exterior access from the existing residence
3. Sufficient side and rear setbacks for fire safety.
Accessory Structures (Attached and Detached)
General:
1. The unit is not intended for sale separate from the primary residence and may be rented.
2. The lot is zoned for residential and contains an existing, single-family dwelling.
3. The accessory dwelling unit is either attached to the existing dwelling or detached from the existing dwelling
and located on the same lot as the existing dwelling.
4. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing
living area, with a maximum increase in floor area of 1,200 square feet.
5. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet.
6. Local building code requirements that apply to detached dwellings, as appropriate.
7. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
8. No setback shall be required for an existing gara ge that is converted to a accessory dwelling unit, and a
setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling
unit that is constructed above a garage.
9. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence and may employ alternative methods for fire protection.
Parking:
1. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per
bedroom. These spaces may be provided as tandem parking, including on an existing driveway or in setback
areas, excluding the non-driveway front yard setback.
2. Parking is not required in the following instances:
The accessory dwelling unit is located within one-half mile of public transit, including transit
stations and bus stations.
27
The accessory dwelling unit is located in the WWWW Downtown, XXX Area, YYY Corridor and
ZZZ Opportunity Area.
The accessory dwelling unit is located within an architecturally and historically significant historic
district.
When on-street parking permits are required but not offered to the occupant of the accessory
dwelling unit.
When there is a car share vehicle located within one block of the accessory dwelling unit.
3. Replacement Parking: When a garage, carport, or covered parking structure is demolished or converted in
conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required
and may be located in any configuration on the same lot as the accessory dwelling unit.
Section XXX4XXX: Permit Requirements
ADUs shall be permitted ministerially, in compliance with this Chapter within 120 days of application. The
Community Development Director shall issue a building permit or zoning certificate to establish an accessory
dwelling unit in compliance with this Chapter if all applicable requirements are met in Section XXX3XXXXX , as
appropriate. The Community Development Director may approve an accessory dwelling unit that is not in
compliance with Section XXX3XXXX as set forth in Section XXX5XXXX. The XXXX Health Officer shall approve
an application in conformance with XXXXXX where a private sewage disposal system is being used.
Section XXX5XXX: Review Process for Accessory Structure Not Complying with
Development Standards
An accessory dwelling unit that does not comply with standards in Section XXX3XX may permitted with a zoning
certificate or an administrative use permit at the discretion of the Community Development Director subject to
findings in Section XXX6XX
Section XXX6XXX: Findings
A. In order to deny an administrative use permit under Section XXX5XXX, the Community Development Director
shall find that the Accessory Dwelling Unit would be detrim ental to the public health and safety or would introduce
unreasonable privacy impacts to the immediate neighbors.
B. In order to approve an administrative use permit under Section XXX5XXX to waive required accessory dwelling
unit parking, the Community Development Director shall find that additional or new on -site parking would be
detrimental, and that granting the waiver wil l m eet the purposes of this Chapter.
Section XXX7XXX: Definitions
(1) “Living area means the interior habitable area of a dwelling unit including basements and attics but does not
include a garage or any accessory structure.
(2) “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single -family dwelling is situated. An accessory
dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(3) “Passageway” means a pathway that is unobstructed clear to the sky and exten ds from a street to one entrance
of the accessory dwelling unit.
28
(4) (1) “Existing Structure” for the purposes of defining an allowable space that can be converted to an ADU means
within the four walls and roofline of any structure existing on or after Jan uary 1, 2017 that can be made safely
habitable under local building codes at the determination of the building official regardless of any non -compliance
with zoning standards.
29
Attachment 3: Sample JADU Ordinance
(Lilypad Homes at http://lilypadhomes.org/)
Draft Junior Accessory Dwelling Units (JADU) – Flexible Housing
Findings:
1. Causation: Critical need for housing for lower income families and individuals given the high cost of living and
low supply of affordable homes for rent or purchase, and the difficulty, given the current social and economic
environment, in building more affordable housing
2. Mitigation: Create a simple and inexpensive permitting track for the development of junior accessory dwelling
units that allows spare bedrooms in homes to serve as a flexible form of infill housing
3. Endangerment: Provisions currently required under agency ordinances are so arbitrary, excessive, or
burdensome as to restrict the ability of homeowners to legally develop these units therefore encouraging
homeowners to bypass safety standards and procedures that make the creation of these units a benefit to the
whole of the community
4. Co-Benefits: Homeowners (particularly retired seniors and young families, groups that tend to have the lowest
incomes) – generating extra revenue, allowing people facing unexpected financial obstacles to remain in their
homes, housing parents, children or caregivers; Homebuyers - providing rental income which aids in mortgage
qualification under new government guidelines; Renters – creating more low-cost housing options in the
community where they work, go to school or have family, also reducing commute time and expenses;
Municipalities – helping to meet RHNA goals, increasing property and sales tax revenue, insuring safety
standard code compliance, providing an abundant source of affordable housing with no additional
infrastructure needed; Community - housing vital workers, decreasing traffic, creating economic growth both in
the remodeling sector and new customers for local businesses; Planet - reducing carbon emissions, using
resources more efficiently;
5. Benefits of Junior ADUs: offer a more affordable housing option to both homeowners and renters, creating
economically healthy, diverse, multi-generational communities;
Therefore, the following ordinance is hereby enacted:
This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the
standard accessory dwelling unit, permitted as set forth under State Law AB 1866 (Chapter 1062, Statutes of
2002) Sections 65852.150 and 65852.2 and subject to different provisions under fire safety codes based on the
fact that junior accessory dwelling units do not qualify as “complete independent living facilities” given that the
interior connection from the junior accessory dwelling unit to the main living area remains, therefore not redefining
the single-family home status of the dwelling unit.
A) Development Standards. Junior accessory dwelling units shall comply with the following standards, including
the standards in Table below:
1) Number of Units Allowed. Only one accessory dwelling unit or, junior accessory dwelling unit, may be
located on any residentially zoned lot that permits a single-family dwelling except as otherwise regulated or
restricted by an adopted Master Plan or Precise Development Plan. A junior accessory dwelling unit may
only be located on a lot which already contains one legal single-family dwelling.
2) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a
principal residence either the primary dwelling or the accessory dwelling, except when the home is held by
an agency such as a land trust or housing organization in an effort to create affordable housing.
3) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on
the parcel.
30
4) Deed Restriction: A deed restriction shall be completed and recorded, in compliance with Section B below.
5) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit must be created within the
existing walls of an existing primary dwelling, and must include conversion of an existing bedroom.
6) Separate Entry Required: A separate exterior entry shall be provided to serve a junior accessory dwelling
unit.
7) Interior Entry Remains: The interior connection to the main living area must be maintained, but a second
door may be added for sound attenuation.
8) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring and
limited to the following components:
a) A sink with a maximum waste line diameter of one-and-a-half (1.5) inches,
b) A cooking facility with appliance which do not require electrical service greater than one-hundred-and-
twenty (120) volts or natural or propane gas, and
c) A food preparation counter and storage cabinets that are reasonable to size of the unit.
9) Parking: No additional parking is required beyond that required when the existing primary dwelling was
constructed.
Development Standards for Junior Accessory Dwelling Units
SITE OR DESIGN FEATURE SITE AND DESIGN STANDARDS
Maximum unit size 500 square feet
Setbacks As required for the primary dwelling unit
Parking No additional parking required
B) Deed Restriction: Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction,
approved by the City Attorney, shall be recorded with the County Recorder's office, which shall include the
pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said deed
restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the
recorded deed restriction shall be filed with the Department stating that:
1) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit;
2) The junior accessory dwelling unit is restricted to the maximum size allowed per the development
standards;
3) The junior accessory dwelling unit shall be considered legal only so long as either the primary residence,
or the accessory dwelling unit, is occupied by the owner of record of the property, except when the home is
owned by an agency such as a land trust or housing organization in an effort to create affordable housing;
4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance
with this provision may result in legal action against the property owner, including revocation of any right to
maintain a junior accessory dwelling unit on the property.
C) No Water Connection Fees: No agency should require a water connection fee for the development of a junior
accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard
may be assessed.
31
D) No Sewer Connection Fees: No agency should require a sewer connection fee for the development of a junior
accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard
may be assessed.
E) No Fire Sprinklers and Fire Attenuation: No agency should require fire sprinkler or fire attenuation
specifications for the development of a junior accessory dwelling unit. An inspection fee to confirm that the
dwelling unit complies with development standard may be assessed.
Definitions of Specialized Terms and Phrases.
“Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent provis ions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single -family dwelling is situated. An accessory dwelling
unit also includes the following:
(1) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely
within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities,
or may share sanitation facilities with the existing structure.
32
Attachment 4: State Standards Checklist (As of January 1, 2017)
YES/NO STATE STANDARD*
GOVERNMENT
CODE SECTION
Unit is not intended for sale separate from the primary residence and may be
rented.
65852.2(a)(1)(D)(i)
Lot is zoned for single-family or multifamily use and contains an existing, single-
family dwelling.
65852.2(a)(1)(D))ii)
Accessory dwelling unit is either attached to the existing dwelling or located
within the living area of the existing dwelling or detached from the existing
dwelling and located on the same lot as the existing dwelling.
65852.2(a)(1)(D)(iii
)
Increased floor area of an attached accessory dwelling unit does not exceed 50
percent of the existing living area, with a maximum increase in floor area of
1,200 square feet.
65852.2(a)(1)(D)(iv
)
Total area of floor space for a detached accessory dwelling unit dies not exceed
1,200 square feet.
65852.2(a)(1)(D)(v
)
Passageways are not required in conjunction with the construction of an
accessory dwelling unit.
65852.2(a)(1)(D)(vi
)
Setbacks are not required for an existing garage that is converted to an
accessory dwelling unit, and a setback of no more than five feet from the side
and rear lot lines are not required for an accessory dwelling unit that is
constructed above a garage.
65852.2(a)(1)(D)(vi
i)
(Local building code requirements that apply to detached dwellings are met, as
appropriate.
65852.2(a)(1)(D)(vi
ii)
Local health officer approval where a private sewage disposal system is being
used, if required.
65852.2(a)(1)(D)(ix
)
Parking requirements do not exceed one parking space per unit or per bedroom.
These spaces may be provided as tandem parking on an existing driveway.
65852.2(a)(1)(D)(x
)
* Other requirements may apply. See Government Code Section 65852.2
33
Attachment 5: Bibliography
Reports
ACCESSORY DWELLING UNITS: CASE STUDY (26 pp.)
By United States Department of Housing and Urban Development, Office of Policy Development and Research.
(2008)
Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats
— are additional living quarters on single-family lots that are independent of the primary dwelling unit. The
separate living spaces are equipped with kitchen and bathroom facilities, and can be either attached or detached
from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory
restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various
types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU
legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of
Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.
THE MACRO VIEW ON MICRO UNITS (46 pp.)
By Bill Whitlow, et al. – Urban Land Institute (2014)
Library Call #: H43 4.21 M33 2014
The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013
to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.
RESPONDING TO CHANGING HOUSEHOLDS: Regulatory Challenges for Micro-units and Accessory
Dwelling Units (76 pp.)
By Vicki Been, Benjamin Gross, and John Infranca (2014)
New York University: Furman Center for Real Estate & Urban Policy
Library Call # D55 3 I47 2014
This White Paper fills two gaps in the discussion regarding compact units. First, we provide a detailed analysis of
the regulatory and other challenges to developing both ADUs and micro -units, focusing on five cities: New York;
Washington, DC; Austin; Denver; and Seattle. That analysis will be helpful not only to the specif ic jurisdictions we
study, but also can serve as a model for those who what to catalogue regulations that might get in the way of the
development of compact units in their own jurisdictions. Second, as more local governments permit or encourage
compact units, researchers will need to evaluate how well the units built serve the goals proponents claim they will.
SCALING UP SECONDARY UNIT PRODUCTION IN THE EAST BAY: Impacts and Policy Implications
(25 pp.)
By Jake Webmann, Alison Nemirow, and Karen Chapple (2012)
UC Berkeley: Institute of Urban and Regional Development (IURD)
Library Call # H44 1.1 S33 2012
This paper begins by analyzing how many secondary units of one particular type, detached backyard cottages,
might be built in the East Bay, focusing on the Flatlands portions of Berkeley, El Cerrito, and Oakland. We then
investigate the potential impacts of scaling up the strategy with regard to housing affordability, smart growth,
alternative transportation, the economy, and city budgets. A final section details policy recommenda tions, focusing
on regulatory reforms and other actions cities can take to encourage secondary unit construction, such as
promoting carsharing programs, educating residents, and providing access to finance.
34
SECONDARY UNITS AND URBAN INFILL: A literature Review (12 pp.)
By Jake Wegmann and Alison Nemirow (2011)
UC Berkeley: IURD
Library Call # D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in
particular, with an eye towards understanding the similarities and differences between infill as it is more
traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized
area – and the incremental type of infill that secondary unit development constitutes.
YES, BUT WILL THEY LET US BUILD? The Feasibility of Secondary Units in the East Bay (17 pp.)
By Alison Nemirow and Karen Chapple (2012)
UC Berkeley: IURD
Library Call # H44.5 1.1 Y47 2012
This paper begins with a discussion of how to determine the development potential for secondary units, and then
provides an overview of how many secondary units can be built in the East Bay of San Francisco Bay Area under
current regulations. The next two sections examine key regulatory barriers in detail for the five cities in the study
(Albany, Berkeley, El Cerrito, Oakland, and Richmond), looking at lot size, setbacks, parking requirements, and
procedural barriers. A sensitivity analysis then determines how many units could be built were the regulations to be
relaxed.
YES IN MY BACKYARD: Mobilizing the Market for Secondary Units (20 pp.)
By Karen Chapple, J. Weigmann, A. Nemirow, and C. Dentel-Post (2011)
UC Berkeley: Center for Community Innovation.
Library Call # B92 1.1 Y47 2011
This study examines two puzzles that must be solved in order to scale up a secondary unit strategy: first, how can
city regulations best enable their construction? And second, what is the market for secondary units? Because
parking is such an important issue, we also examine the potential for secondary unit residents to rely on alternative
transportation modes, particular car share programs. The study looks at five adjacent cities in the East Bay of the
San Francisco Bay Area (Figure 1) -- Oakland, Berkeley, Albany, El Cerrito, and Richmond -- focusing on the
areas within ½ mile of five Bay Area Rapid Transit (BART) stations.
Journal Articles and Working Papers:
BACKYARD HOMES LA (17 pp.)
By Dana Cuff, Tim Higgins, and Per-Johan Dahl, Eds. (2010)
Regents of the University of California, Los Angeles.
City Lab Project Book.
DEVELOPING PRIVATE ACCESSORY DWELLINGS (6 pp.)
By William P. Macht. Urbanland online. (June 26, 2015)
Library Location: Urbanland 74 (3/4) March/April 2015, pp. 154-161.
35
GRANNY FLATS GAINING GROUND (2 pp.)
By Brian Barth. Planning Magazine: pp. 16-17. (April 2016)
Library Location: Serials
"HIDDEN" DENSITY: THE POTENTIAL OF SMALL-SCALE INFILL DEVELOPMENT (2 pp.)
By Karen Chapple (2011)
UC Berkeley: IURD Policy Brief.
Library Call # D44 1.2 H53 2011
California’s implementation of SB 375, the Sustainable Communities and Climate Protection Act of 2008, is putting
new pressure on communities to support infill development. As metropolitan planning organizations struggle to
communicate the need for density, they should take note of strategies that make increasing density an attractive
choice for neighborhoods and regions.
HIDDEN DENSITY IN SINGLE-FAMILY NEIGHBORHOODS: Backyard cottages as an equitable smart
growth strategy (22 pp.)
By Jake Wegmann and Karen Chapple. Journal of Urbanism 7(3): pp. 307-329. (2014)
Abstract (not available in full text): Secondary units, or separate small dwellings embedded within single-family
residential properties, constitute a frequently overlooked strategy for urban infill in high -cost metropolitan areas in
the United States. This study, which is situated within California’s San Francisco Bay Area, draws upon data
collected from a homeowners’ survey and a Rental Market Analysis to provide evidence that a scaled -up strategy
emphasizing one type of secondary unit – the backyard cottage – could yield substantial infill growth with minimal
public subsidy. In addition, it is found that this strategy compares favorably in terms of affordability with infill of the
sort traditionally favored in the ‘smart growth’ literature, i.e. the construction of dense multifamily housin g
developments.
RETHINKING PRIVATE ACCESSORY DWELLINGS (5 pp.)
By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.
ADUS AND LOS ANGELES’ BROKEN PLANNING SYSTEM (4 pp.)
By CARLYLE W. Hall. The Planning Report. (April 26, 2016).
Land-use attorney Carlyle W. Hall comments on building permits for accessory dwelling units.
News:
HOW ONE COLORADO CITY INSTANTLY CREATED AFFORDABLE HOUSING
By Anthony Flint. The Atlantic-CityLab. (May 17, 2016).
In Durango, Colorado, zoning rules were changed to allow, for instance, non-family members as residents in
already-existing accessory dwelling units.
NEW HAMPSHIRE WINS PROTECTIONS FOR ACCESSORY DWELLING UNITS (1 p.)
NLIHC (March 28, 2016)
Affordable housing advocates in New Hampshire celebrated a significant victory this month when Governor
Maggie Hassan (D) signed Senate Bill 146, legislation that allows single -family homeowners to add an accessory
36
dwelling unit as a matter of right through a conditional use permit or by special exception as determined by their
municipalities. The bill removes a significant regulatory barrier to increasing rental homes at no cost to taxpayers.
NEW IN-LAW SUITE RULES BOOST AFFORDABLE HOUSING IN SAN FRANCISCO. (3 pp.)
By Rob Poole. Shareable. (June 10, 2014).
The San Francisco Board of Supervisors recently approved two significant pieces of legislation that support
accessory dwelling units (ADUs), also known as “in-law” or secondary units, in the city…
USING ACCESSORY DWELLING UNITS TO BOLSTER AFFORDABLE HOUSING (3 pp.)
By Michael Ryan. Smart Growth America. (December 12, 2014).
City of San Rafael: ADU Ordinance Options
1
ACESSORY DWELLING UNITS1
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
Description Closely applies the language and
standards provided by under State Law.
Retains the existing San Rafael ADU
ordinance language to the maximum extent
possible while making the minimum
changes required to comply with State Law.
Hybrid of State Law Standard Option and the
San Rafael Standard Option based on Staff
recommendations. Also contains certain
provisions not in other options.
A. Purpose. The purposes of the second dwelling
unit regulations are to:
1. Implement policies of the housing
element of the San Rafael general plan
encouraging the provision of second units
as a source of affordable housing;
2. Comply with provisions of state law,
including those contained in Section
65852.2 of the California Government
Code; and
3. Ensure and maintain healthy and safe
residential living environments, including
compatibility with surrounding uses and
maintenance of the character of the
neighborhood.
B. Applicability. Performance standards for
second dwelling units shall apply in the
residential zoning districts.
No substantial change from existing No substantial change from existing No substantial change from existing
C1. Density. A maximum of one second dwelling
unit shall be permitted per residential lot
containing a single-family dwelling. Second
dwelling units are not required to meet density
requirements for the general plan or zoning
ordinance.
C1. Density. A maximum of one accessory
dwelling unit shall be permitted per
residential lot containing a single-family
dwelling. An accessory dwelling unit that
conforms to this subdivision shall be
deemed to be an accessory use or an
accessory building and shall not be
considered to exceed the allowable density
for the lot upon which it is located, and
shall be deemed to be a residential use that
is consistent with the existing general plan
and zoning designations for the lot.
C1. Density. A maximum of one accessory
dwelling unit shall be permitted per
residential lot containing a single-family
dwelling. An accessory dwelling unit that
conforms to this section shall not be
considered to exceed the allowable density
for the lot upon which it is located.
C1. Density. A maximum of one accessory
dwelling unit shall be permitted per residential
lot containing a single-family dwelling. An
accessory dwelling unit that conforms to this
section shall be deemed an accessory use and
shall not be considered to exceed the
allowable density for the lot upon which it is
located. An accessory dwelling unit that
conforms to this section shall be deemed a
residential use consistent with the existing
general plan and zoning designation for the lot.
1 Note: Different colored text indicates a notable change from the San Rafael ADU ordinance text.
City of San Rafael: ADU Ordinance Options
2
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
C3. Owner Occupancy and Deed Restriction. The
property owner shall occupy either the main
single-family dwelling or the second dwelling
unit as their principal residence throughout the
life of the second dwelling unit. Prior to
obtaining a building permit for a second
dwelling unit, the property owner shall file with
the county recorder a declaration or agreement
of restrictions, which has been approved by the
city attorney as to its form and content,
containing a reference to the deed under which
the property was acquired by the owner and
stating that:
a. The second dwelling unit shall not be sold
separately;
b. The second dwelling unit shall be restricted to
the maximum size allowed per the
development standards in Section
14.16.285(C)(6);
c. The second dwelling unit shall be considered
legal only so long as either the primary
residence, or the second dwelling unit, is
occupied by the owner of record of the
property; and
d. The restrictions shall be binding upon any
successor in ownership of the property and
lack of compliance may subject the property
owner to enforcement action by the city.
NOTE: Deed-restrictions can be required by
local agencies but State Law does not
mandate that jurisdictions include a deed-
restriction provision.
See “San Rafael Standard Option” for
inclusion of a deed-restriction standard.
C3. Owner Occupancy and Deed Restriction.
The property owner shall occupy either the
main single-family dwelling or the accessory
dwelling unit as their principal residence
throughout the life of the accessory dwelling
unit. Prior to obtaining a building permit for
an accessory dwelling unit, the property
owner shall file with the county recorder a
declaration or agreement of restrictions,
which has been approved by the city
attorney as to its form and content,
containing a reference to the deed under
which the property was acquired by the
owner and stating that:
a. The accessory dwelling unit shall not be
sold separately;
b. The accessory dwelling unit shall be
restricted to the maximum size allowed
per the development standards in Section
14.16.285(C)(6);
c. The accessory dwelling unit shall be
considered legal only so long as either the
primary residence, or the accessory
dwelling unit, is occupied by the owner of
record of the property; and
d. The restrictions shall be binding upon any
successor in ownership of the property
and lack of compliance may subject the
property owner to enforcement action by
the city.
Same as “San Rafael Standard Option”
City of San Rafael: ADU Ordinance Options
3
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
C4. Building and Housing Code Compliance. All
new or expanded second dwelling units must
comply with the Uniform Housing Code and
Uniform Building Code in addition to the
requirements of this title. Legalization of
existing unauthorized second dwelling units
shall require compliance with the Uniform
Housing Code to ensure unit habitability,
provided that the property owner must show
proof that the unit was in existence prior to June
6, 1983. An inspection must be made by the
building and safety division of the community
development department or by an inspection
firm approved by said building and safety
division to determine compliance with
applicable codes.
C4. Building and Housing Code Compliance.
All new or expanded accessory dwelling
units must comply with the Uniform
Housing Code and Uniform Building Code in
addition to the requirements of this title.
Legalization of existing unauthorized
accessory dwelling units shall require
compliance with the Uniform Housing Code
to ensure unit habitability, provided that
the property owner must show proof that
the unit was in existence prior to June 6,
1983. An inspection must be made by the
building and safety division of the
community development department or by
an inspection firm approved by said
building and safety division to determine
compliance with applicable codes.
C4a. An accessory dwelling unit contained
entirely within an existing single-family
residence or accessory structure shall not
be required to provide fire sprinklers if fire
sprinklers are not required for the primary
residence.
Same as “State Law Standard Option” Same as “State Law Standard Option”
C5. Attached/Detached Units. Second dwelling
units may be within or attached to the principal
residence or within a separate building on the
same lot as the principal residence.
No substantial change from existing No substantial change from existing C5. Unit Types.
An attached accessory dwelling unit is
attached to the principal residence.
A detached accessory dwelling unit is detach
from but located on the same lot as the
principal residence.
An accessory dwelling unit contained within
an existing structure may be located entirely
within the principal residence or an
accessory structure.
City of San Rafael: ADU Ordinance Options
4
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
C6. Size Limits. The square footage of a
second dwelling unit shall be no greater than
forty percent (40%) of the gross square footage
of the principal residence, excluding the garage
area; except that any second dwelling unit may
be at least five hundred (500) square feet even
if that exceeds forty percent (40%) of the
principal residence. A second dwelling unit
larger than eight hundred (800) square feet in
size shall require the issuance of a use permit
approved by the planning commission. In no
case shall the second dwelling unit exceed one
thousand (1,000) square feet in size.
C6. Size Limits.
A new attached accessory dwelling unit,
constructed as an addition to the primary
dwelling, is limited to a floor area not to
exceed 50% of the existing residence up to
a maximum increase of 1,200 square feet.
A new detached accessory dwelling unit,
constructed as a detached structure, is
limited to a maximum floor area of 1,200
square feet.
C6. Size Limits. The square footage of an
attached or detached accessory dwelling
unit shall be no greater than forty percent
(40%) of the gross square footage of the
principal residence, excluding the garage
area; except that any accessory dwelling unit
may be at least five hundred (500) square
feet even if that exceeds forty percent (40%)
of the principal residence. An accessory
dwelling unit larger than eight hundred (800)
square feet in size shall require the issuance
of a use permit approved by the planning
commission. In no case shall the accessory
dwelling unit exceed one thousand (1,000)
square feet in size.
C6. Size Limits. The square footage of an
attached or detached accessory dwelling unit
shall be no greater than forty percent (40%) of
the gross square footage of the principal
residence, excluding the garage area; except
that any accessory dwelling unit may be at
least five hundred (500) square feet even if
that exceeds forty percent (40%) of the
principal residence.
The maximum size of an attached or detached
accessory dwelling unit is 800 square feet. Unit
size exceptions are subject to approval of a use
permit under Section 14.16.285(D)(3)(a).
ALTERNATE OPTION: Propose other unit size
parameters.
C7. Property Development Standards. Second
dwelling units must comply with existing zoning
requirements including property development
standards for setbacks, lot coverage, building
height and private yard areas except that:
No substantial change from existing No substantial change from existing No substantial change from existing
a. Minimum Lot Size. No second dwelling
shall be located on a lot less than five
thousand (5,000) square feet in size.
NOTE: State law does not mandate that
jurisdictions include lot size requirements.
a. Minimum Lot Size. No attached or
detached accessory dwelling unit shall be
located on a lot less than five thousand
(5,000) square feet in size. Minimum lot
size shall not apply to accessory dwelling
units located entirely within an existing
principal residence or accessory structure.
a. Minimum Lot Size. An attached or
detached accessory dwelling unit shall be
located on a lot five thousand (5,000)
square feet or larger in size. Minimum lot
size shall not apply to accessory dwelling
units located entirely within an existing
principal residence or accessory structure.
ALTERNATE OPTION: Delete minimum lot size
requirement in the ADU ordinance.
City of San Rafael: ADU Ordinance Options
5
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
b. Height. Second dwelling units added to
the structure containing the principal
residence shall be subject to the height
requirements otherwise applicable to the
principal residential structure. Second
units constructed as a separate building
and located in side or rear setback areas
otherwise applicable to the principal
residential structure shall not exceed
fifteen feet (15′) in height within the
setback areas, unless authorized by
approval of a use permit by the planning
commission.
NOTE: State Law does not mandate that
jurisdictions include a specific height
measurement requirement.
See “San Rafael Standard Option” or
“Selected Standard Option” for a height
standard.
b. Height. Accessory dwelling units
added to the structure containing the
principal residence shall be subject to the
height requirements otherwise applicable to
the principal residential structure. Accessory
dwelling units constructed as a separate
building and located in side or rear setback
areas otherwise applicable to the principal
residential structure shall not exceed fifteen
feet (15′) in height within the setback areas,
unless authorized by approval of a use
permit by the planning commission.
b. Height. New attached accessory dwelling
units added to the principal residence shall
be subject to the height requirements
otherwise applicable to the principal
residence.
New detached accessory dwelling units
located in side or rear setback areas
otherwise applicable to the principal
residential structure shall not exceed
fifteen feet (15′) in height within the
setback areas. Height exceptions are
subject to approval of a use permit under
Section 14.16.285(D)(3)(a).
ALTERNATE OPTION: Propose other height
parameters.
c. Setbacks. Second dwelling units added or
attached to the structure containing the
principal residence shall be subject to the
setback requirements otherwise
applicable to the principal residential
structure. Second dwelling units
constructed as a separate building shall
be subject to the setback requirements
otherwise applicable to accessory
buildings except that such units located
within side or rear setback areas shall
require approval of a use permit by the
planning commission.
c. Setbacks. Attached accessory
dwelling units shall be subject to the
setback requirements otherwise applicable
to the principal residential structure.
Detached accessory dwelling units
constructed as a separate building shall be
subject to the setback requirements
otherwise applicable to accessory
buildings.
An accessory dwelling unit contained
entirely within the existing principal
residence or accessory structure shall not
be subject to setback requirements, except
side and rear setbacks shall be sufficient for
fire safety.
No setback shall be required for an existing
garage that is converted to an accessory
dwelling unit. A setback of no more than
five feet from the side and rear lot lines is
required for an accessory dwelling
constructed above a garage
c. Setbacks. Attached accessory
dwelling units shall be subject to the setback
requirements otherwise applicable to the
principal residential structure.
Detached accessory dwelling units
constructed as a separate building shall be
subject to the setback requirements
otherwise applicable to accessory buildings,
except that such units located within side or
rear setback areas shall require approval of a
use permit by the planning commission.
An accessory dwelling unit contained
entirely within the existing principal
residence or accessory structure, including
detached garages, shall not be subject to
setback requirements, except side and rear
setbacks shall be sufficient for fire safety.
A setback of no more than five feet from the
side and rear lot lines is required for an
accessory dwelling unit constructed above a
garage
c. Setbacks. Attached accessory dwelling
units shall be subject to the setback
requirements otherwise applicable to the
principal residential structure.
Detached accessory dwelling units constructed
as a separate building shall be subject to the
setback requirements otherwise applicable to
accessory buildings. Setback exceptions are
subject to approval of a use permit under
Section 14.16.285(D)(3)(a).
An accessory dwelling unit contained entirely
within the existing principal residence or
accessory structure, including detached
garages, shall not be subject to setback
requirements, except side and rear setbacks
shall be sufficient for fire safety.
A setback of no more than five feet from the
side and rear lot lines is required for an
accessory dwelling unit constructed above a
garage
City of San Rafael: ADU Ordinance Options
6
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
d. Nonconforming Structures. Where a
second dwelling unit is proposed in a
nonconforming structure, the proposed
second unit shall not increase the spatial
nonconformity of the site or the
improvements.
NOTE: State Law does not mandate that
jurisdictions include nonconforming
structure requirements.
No substantial change from existing
No substantial change from existing No substantial change from existing
City of San Rafael: ADU Ordinance Options
7
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
C8. Parking. Off-street parking shall be
required for each second dwelling unit, in
addition to the parking required for the existing
single-family dwelling. One (1) off-street parking
space shall be required for studio and one-
bedroom second dwelling units. Two (2) off-
street parking spaces shall be required for
second dwelling units with two (2) or more
bedrooms. Required parking options are as
follows:
a. One (1) parking space for a second dwelling
unit may be sited in the front yard setback
provided that: 1) the parking space is located
within a paved area adjacent and parallel to
the driveway, between the driveway and the
nearest side lot line; and 2) the curb cut is not
increased.
b. One (1) required space for the second
dwelling unit may be uncovered and tandem
(located behind another uncovered or
covered parking space) on a driveway having
a length of at least eighteen feet (18') behind
the sidewalk or property line, provided the
property has frontage on a street having a
paved width of at least thirty-eight feet (38').
c. Off-street parking for the second dwelling
unit that requires a new driveway curb cut,
either for establishing an additional driveway
or for increasing the width of the existing
curb cut, may be proposed subject to an
affirmative recommendation by the public
works department and the approval of an
environmental and design review permit by
the zoning administrator.
C8. Parking. One parking space shall be
provided for each bedroom in the
accessory dwelling unit. These spaces may
be provided as tandem parking on an
existing driveway.
a. One (1) parking space for an accessory
dwelling unit may be sited in the front
yard setback provided that: 1) the
parking space is located within a paved
area adjacent and parallel to the
driveway, between the driveway and the
nearest side lot line; and 2) the curb cut
is not increased.
b. One (1) required space for the accessory
dwelling unit may be uncovered and
tandem (located behind another
uncovered or covered parking space) on
a driveway having a length of at least
eighteen feet (18') behind the sidewalk
or property line, provided the property
has frontage on a street having a paved
width of at least thirty-eight feet (38').
c. Off¬street parking shall be permitted in
setback areas or through tandem
parking, as described above in
subsections 14.16.285(C)(8)(a) and
14.16.285(C)(8)(b), unless specific
findings are made that parking in setback
areas or tandem parking is not feasible
based upon specific site or regional
topographical or fire and life safety
conditions.
C8. Parking. Off-street parking shall be
required for each accessory dwelling unit, in
addition to the parking required for the
existing single-family dwelling. One (1) off-
street parking space shall be required for
studio and one-bedroom accessory dwelling
units. Two (2) off-street parking spaces shall
be required for accessory dwelling units with
two (2) or more bedrooms. Required parking
options are as follows:
a. One (1) parking space for a accessory
dwelling unit may be sited in the front
yard setback provided that: 1) the parking
space is located within a paved area
adjacent and parallel to the driveway,
between the driveway and the nearest
side lot line; and 2) the curb cut is not
increased.
b. One (1) required space for the accessory
dwelling unit may be uncovered and
tandem (located behind another
uncovered or covered parking space) on a
driveway having a length of at least
eighteen feet (18') behind the sidewalk or
property line, provided the property has
frontage on a street having a paved width
of at least thirty-eight feet (38').
c. Off¬street parking shall be permitted in
setback areas or through tandem parking,
as described above in subsections
14.16.285(C)(8)(a) and 14.16.285(C)(8)(b),
unless specific findings are made that
parking in setback areas or tandem
parking is not feasible based upon specific
site or regional topographical or fire and
life safety conditions.
Alternative 1. No Parking Required
C8. Parking. Parking shall not be required for
accessory dwelling units.
Alternative 2. State Parking Standard
Same as “State Law Standard Option”
Alternative 3. Modified Existing Code
Same as “San Rafael Standard Option”
Alternative 4. Modified Existing Code, Plus
Definition Favoring More Parking Exceptions.
Same as “San Rafael Standard Option” or
“State Law Standard Option.”
Additionally, “Public Transit” is defined as all
bus stops, transfer stations, and rail stations.
Alternative 5. Modified Existing Code, Plus
Definition Favoring Fewer Parking Exceptions.
Same as “San Rafael Standard Option” or
“State Law Standard Option.”
Additionally, “Public Transit” is defined as bus
stops where headways are 30 minutes or less,
transfer stations, and rail stations.
Alternative 6. Modified Existing Code, Plus
Definition Favoring Fewest Parking
Exceptions.
Same as “San Rafael Standard Option” or
“State Law Standard Option.”
Additionally, “Public Transit” is defined as
transfer stations and rail stations.
Alternative 7. Other Proposed Option
Propose other option, consistent with State
requirements.
City of San Rafael: ADU Ordinance Options
8
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
The purpose of this permit review is to ensure
that the alternative parking design is
appropriate given the site conditions, is
compatible with the character of the
surrounding residential neighborhood, and
would not result in a safety hazard to vehicles
or pedestrians.
d. When a garage, carport, or covered
parking structure is demolished in
conjunction with the construction of an
accessory dwelling unit, the off¬street
parking spaces shall be replaced. The
replacement spaces may be located in
any configuration on the same lot as the
accessory dwelling unit, including, but
not limited to, as covered spaces,
uncovered spaces, or tandem spaces, or
by the use of mechanical automobile
parking lifts. This provision does not
apply for accessory dwelling units
described in subsection
14.16.285(C)(8)(f).
e. An accessory dwelling unit shall not be
required to provide parking in any of the
following instances:
(1) The accessory dwelling unit is located
within one-half mile of public transit.
(2) The accessory dwelling unit is located
within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of
the existing primary residence or an
existing accessory structure.
(4) When on-street parking permits are
required but not offered to the
occupant of the accessory dwelling
unit.
(5) When there is a car share vehicle
located within one block of the
accessory dwelling unit.
d. Off-street parking for the accessory
dwelling unit shall be provided using
existing curb cuts.A new driveway curb
cut, either for establishing an additional
driveway or for increasing the width of
the existing curb cut, may be proposed
subject to an affirmative recommendation
by the public works department and the
approval of a use permit granting this
exception by the zoning administrator.
The purpose of this permit review is to
ensure that the alternative parking design
is appropriate given the site conditions is
compatible with the character of the
surrounding residential neighborhood,
and would not result in a safety hazard to
vehicles or pedestrians.
e. When a garage, carport, or covered
parking structure is demolished in
conjunction with the construction of an
accessory dwelling unit, the off¬street
parking spaces shall be replaced. The
replacement spaces may be located in any
configuration on the same lot as the
accessory dwelling unit, including, but not
limited to, as covered spaces, uncovered
spaces, or tandem spaces, or by the use of
mechanical automobile parking lifts. This
provision does not apply for accessory
dwelling units described in subsection
14.16.285(C)(8)(f).
City of San Rafael: ADU Ordinance Options
9
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
f. An accessory dwelling unit shall not be
required to provide parking in any of the
following instances:
(1) The accessory dwelling unit is located
within one-half mile of public transit.
(2) The accessory dwelling unit is located
within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of
the existing primary residence or an
existing accessory structure.
(4) When on-street parking permits are
required but not offered to the
occupant of the accessory dwelling
unit.
(5) When there is a car share vehicle
space located within one block of the
accessory dwelling unit.
City of San Rafael: ADU Ordinance Options
10
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
C9. Architectural Compatibility.
Construction of second dwelling units that entail
exterior expansion or modification of the
principal residential structure or accessory
building, or construction of a new building, shall
be subject to the following design criteria:
a. The second dwelling unit construction shall
incorporate the same or similar exterior
materials, including window style, as the
structure containing the principal residence;
b. The second dwelling unit construction shall
incorporate the same or similar exterior
colors and architectural detailing as the
structure containing the principal residence;
c. The second dwelling unit construction shall
incorporate the same or similar roof pitch as
the structure containing the principal
residence;
d. Separate entrances to the principal
residence and the second dwelling unit are
required and may not be located on the
same exterior building elevation which is
most parallel to the front property line;
NOTE: State Law does not provide
specificity on architectural compatibility
requirements.
No substantial change from existing
No substantial change from existing C9. Architectural Compatibility.
Construction of accessory dwelling units that
entail exterior expansion or modification of the
principal residential structure or accessory
building, or construction of a new building,
shall be subject to the following design criteria:
a. The accessory dwelling unit construction
shall incorporate the same or similar
exterior materials, including window style,
as the structure containing the principal
residence;
b. The accessory dwelling unit construction
shall incorporate the same or similar
exterior colors and architectural detailing as
the structure containing the principal
residence;
c. The accessory dwelling unit construction
shall incorporate the same or similar roof
pitch as the structure containing the
principal residence;
d. Separate entrances to the principal
residence and the accessory dwelling unit
are required and may not be located on the
same exterior building elevation which is
most parallel to the front property line;
City of San Rafael: ADU Ordinance Options
11
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
e. The construction or alteration of second
dwelling units in the following locations shall
be subject to the issuance of an
environmental and design review permit
consistent with the requirements of Sections
14.25.030 and 14.25.040(B) of this title, and
the review criteria contained in Section
14.25.050(F)(6) of this title:
1. Upper story additions to the structure
containing the principal residence which
exceed five hundred (500) square feet,
2. Second dwelling units which are located
above the ground floor in a separate or
accessory structure, or
3. Second dwelling units which are located
within a separate or accessory structure
within the side or rear setbacks (required
for the principal structure);
f. The construction or alteration of second
dwelling units on residential lots with slopes
over twenty-five percent (25%) which entail
exterior modifications to existing structures
or construction of a new building shall be
subject to the issuance of an environmental
and design review permit consistent with
the requirements of Chapters 14.12 and
14.25 of this title.
NOTE: State Law does not specify how
discretionary processes (i.e., environmental
and design review permit) shall be applied
and focuses more on providing a ministerial
path to permit approval.
e. The construction or alteration of
accessory dwelling units shall comply
with the following location
requirements, exceptions to standards
listed below may be granted subject to
the issuance of an environmental and
design review permit consistent with the
requirements of Sections 14.25.030 and
14.25.040(B) of this title, and the review
criteria contained in Section
14.25.050(F)(6) of this title:
1. Upper story additions to the
structure containing the principal
residence shall be five hundred (500)
square feet or less,
2. Accessory dwelling units shall not be
located above the ground floor in a
separate or accessory structure
f. Accessory dwelling units which entail
exterior modifications to existing
structures or construction of a new
building shall be on residential lots with
slopes twenty-five percent (25%) or less.
Exceptions to this slope standard may be
granted subject to the issuance of an
environmental and design review permit
consistent with the requirements of
Chapters 14.12 and 14.25 of this title.
e. The construction or alteration of accessory
dwelling units shall comply with the
following location requirements,
exceptions to standards listed below may
be granted subject to the approval of a use
permit under Section 14.16.285(D)(3)(a).
1. Upper story additions to the structure
containing the principal residence shall
be five hundred (500) square feet or
less,
2. Accessory dwelling units shall not be
located above the ground floor in a
separate or accessory structure
f. Accessory dwelling units which entail
exterior modifications to existing structures
or construction of a new building shall be on
residential lots with slopes twenty-five
percent (25%) or less. Exceptions to this
slope standard may be granted subject to
the approval of a use permit under Section
14.16.285(D)(3)(a).
NEW PROVISIONS
C10. Passageways (Required) C10. Passageways. No passageway shall be
required in conjunction with the
construction of an accessory dwelling unit
.
Same as “State Law Standard Option” Same as “State Law Standard Option”
C11. Utilities (Required) C11. Utilities. Accessory dwelling units
contained entirely within an existing
structure shall not be required to install a
new or separate utility connection directly
between the accessory dwelling unit and
the utility.
Same as “State Law Standard Option” Same as “State Law Standard Option”
City of San Rafael: ADU Ordinance Options
12
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
C12. Road Width (Optional, for Consideration) Alternative 1. Use Permit required for all
roads less than 26 feet
An accessory dwelling unit may only be
approved when located on a lot with access
from a roadway 26 feet or more in pavement
width. An exception to this standard may be
granted through approval of a use permit
under Section 14.16.285(D)(3)(a).
Alternative 2. Use Permit required for roads
less than 26 feet in ____ geographic area.
An accessory dwelling unit may only be
approved in the ___ geographic area when
located on a lot with access from a roadway 26
feet or more in pavement width. An exception
to this standard may be granted through
approval of a use permit under Section
14.16.285(D)(3)(a).
Alternative 3. No Standard on Road Width.
No standard.
Alternative 4. Other Proposed Option.
Propose other option.
D1. Permit Required (Optional, for
Consideration)
D1. Permit Required. No person shall create an
accessory dwelling unit within the City of San
Rafael without a permit obtained pursuant to
the procedures and standards established
under Section 14.16.285. In addition to a
permit granted under Section 14.16.285, a
building permit shall also be required for an
accessory dwelling unit.
ALTERNATE OPTION: Do not include the
provision
City of San Rafael: ADU Ordinance Options
13
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
D2. Accessory Dwelling Unit Permit (Required) D2. Accessory Dwelling Unit Permit.
Within 120 days after receiving an
accessory dwelling unit permit application,
an Accessory Dwelling Unit permit shall be
reviewed ministerially and determination
shall be made on approval or denial of the
application. An accessory dwelling unit
permit shall be approved ministerially if it
complies with the standards and
requirements under Section 14.16.285C1-
1x. Accessory dwelling unit applications
requesting exceptions to standards and
requirements under Section 14.16.285C
may be permitted subject to approval of a
use permit under 14.16.285(D)(3)(a).
Same as “State Law Standard Option” Same as “State Law Standard Option”
City of San Rafael: ADU Ordinance Options
14
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
D3a. Use Permit for Exceptions (Optional. Use
Permit approvals were referenced in Sections
above)
D3a. Use Permit for Accessory Dwelling Units
with Modified Standards.
Accessory dwelling units that do not meet the
standards established in Sections
14.16.285(C)(1) to 14.16.285(C)(12) may be
permitted with a USE PERMIT APPROVED BY
THE ZONING ADMINISTRATOR subject to the
applicable findings under Section
14.16.285(D)(3)(b).
Accessory dwelling units requesting the
following exceptions may be granted with the
approval of a use permit:
The size of an attached or detached
accessory dwelling unit greater than 800
square feet. In no case shall the unit be
greater than 1,000 square feet.
Setbacks for detached accessory dwelling
units within the setback applicable to
accessory buildings.
Height of detached accessory dwelling units
located within the setback applicable to the
principal residence.
Accessory dwelling unit consisting of upper
story additions to the structure containing
the principal residence, where the additions
are greater than five hundred (500) square
feet
Accessory dwelling unit located above the
ground floor in a separate or accessory
structure
Development of an accessory dwelling unit
on a lot with a slope greater than 25%, which
entail exterior modifications to existing
structures or construction of a new building.
Development of an accessory dwelling unit
that necessitates a new or modified
driveway curb cut, either for establishing an
additional driveway or for increasing the
width of the existing curb cut.
Development of an accessory dwelling unit
on a lot with access from a roadway less
than 26 feet in width (in __ geographic area).
City of San Rafael: ADU Ordinance Options
15
Existing San Rafael Code Section
14.16.285
State Law Standard Option San Rafael Standard Option Selected Standard Option
D3b. Use Permit Findings (Optional. Use
Permit approvals were referenced in Sections
above)
Note: Findings based on Chapter 14.22 – Use
Permits
D3b.Use Permit Findings. The ZONING
ADMINISTRATOR may issue a use permit if the
following findings can be made:
That the proposed use is in accord with the
general plan, the objectives of the zoning
ordinance, and the purposes of the district in
which the site is located;
That the proposed use, together with the
conditions applicable thereto, will not be
detrimental to the public health, safety or
welfare, or materially injurious to properties
or improvements in the vicinity, or to the
general welfare of the city;
That the proposed use complies with each of
the applicable provisions of the zoning
ordinance;
To allow a new or modified driveway curb
cut, the public works department shall
provide an affirmative recommendation and
the alternative parking design shall be
determined to be appropriate given the site
conditions, be compatible with the character
of the surrounding residential neighborhood,
and not result in a safety hazard to vehicles
or pedestrians.
To allow development of an accessory
dwelling unit on a lot with access from a
roadway less than 26 feet in width, the Fire
Department shall determine that access to
the site is sufficient and allows for the
adequate provision of fire safety service.
City of San Rafael: ADU Ordinance Options
16
JUNIOR ACCESSORY DWELLING UNITS
San Rafael Code Section 14.16.286 State Law Standard Option San Rafael Standard Option Selected Standard Option
A. Purpose. The purpose of the junior second unit
regulations is to implement specific policies
of the housing element of the San Rafael
general plan, that:
1. Support the conversion or re-purposing of
an existing bedroom(s) into an
additional dwelling unit within a
single-family dwelling to more
efficiently use and expand the existing
housing stock;
2. Promote opportunities for housing
sharing, particularly for support to the
age-in-place senior population; and
3. Expand the affordable, rental housing
stock.
B. Applicability. Performance standards for junior
second units shall apply in the residential
zoning districts.
No substantial change from existing No substantial change from existing No substantial change from existing
C. Ministerial permit required. A junior second
unit permit is required in order to determine
that the unit is in compliance with the
provisions of this section. If it is determined
that the junior second unit is in full
compliance with the provisions of this
section, the permit shall be issued
No substantial change from existing No substantial change from existing No substantial change from existing
D1. Density. A maximum of one junior second unit
shall be permitted per residential lot containing a
single-family dwelling. Junior second units are not
required to meet the density requirements of the
general plan or zoning ordinance.
D1. Density. The number of junior accessory
dwelling units shall not exceed one per
residential lot zoned for single-family residences
with a single-family residence already built on
the lot.
A junior accessory dwelling unit that conforms
to this section shall be deemed an accessory use
and shall not be considered to exceed the
allowable density for the lot upon which it is
located. The junior accessory dwelling unit that
conforms to this section shall be deemed a
residential use consistent with the existing
general plan and zoning designation for the lot.
D1. Density. A maximum of one junior
accessory dwelling unit shall be permitted
per residential lot containing a single-family
dwelling.
A junior accessory dwelling unit that
conforms to this section shall be deemed an
accessory use and shall not be considered to
exceed the allowable density for the lot
upon which it is located. The junior
accessory dwelling unit that conforms to this
section shall be deemed a residential use
consistent with the existing general plan and
zoning designation for the lot.
D1. Density. A maximum of one junior
accessory dwelling unit shall be
permitted per residential lot containing
a single-family dwelling.
A junior accessory dwelling unit that
conforms to this section shall be
deemed an accessory use and shall not
be considered to exceed the allowable
density for the lot upon which it is
located. The junior accessory dwelling
unit that conforms to this section shall
be deemed a residential use consistent
with the existing general plan and
zoning designation for the lot.
City of San Rafael: ADU Ordinance Options
17
San Rafael Code Section 14.16.286 State Law Standard Option San Rafael Standard Option Selected Standard Option
D2. Rental or lease. A junior second unit shall not
be sold separately from the main single-family
residence.
No substantial change from existing No substantial change from existing No substantial change from existing
D3. Owner occupancy and deed restriction. The
property owner shall occupy either the main
single-family dwelling or the junior second unit.
Prior to obtaining a building permit for the junior
second unit, the recordation of a declaration or
agreement of restrictions shall be prepared and
recorded in the official records of the County of
Marin. The deed restriction provisions of Section
14.16.285C.3 (second dwelling units) of this title
shall apply to junior second units.
D3. Owner Occupancy. The property owner
must reside in either the remaining portion of
the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall
not be required if the owner is another
governmental agency, land trust, or housing
organization.
D3. Owner Occupancy and Deed Restriction.
The property owner shall occupy either the
main single-family dwelling or the junior
accessory dwelling unit as their principal
residence throughout the life of the
accessory dwelling unit. Prior to obtaining a
building permit for an accessory dwelling
unit, the property owner shall file with the
county recorder a declaration or agreement
of restrictions, which has been approved by
the city attorney as to its form and content,
containing a reference to the deed under
which the property was acquired by the
owner and stating that:
a. The junior accessory dwelling unit
shall not be sold separately;
b. The junior accessory dwelling unit
shall be restricted to the maximum
size allowed per the development
standards in Section 14.16.286(D)(5);
c. The junior accessory dwelling unit
shall be considered legal only so long
as either the primary residence, or
the junior accessory dwelling unit, is
occupied by the owner of record of
the property; and
d. The restrictions shall be binding upon
any successor in ownership of the
property and lack of compliance may
subject the property owner to
enforcement action by the city.
Same as “San Rafael Standard Option,”
or “State Law Standard Option”
D4. Location, re-purposing existing living area. A
junior second unit must be created within the
existing walls of an existing single-family dwelling
and must include the conversion of an existing
bedroom(s) and ancillary spaces.
No substantial change from existing No substantial change from existing No substantial change from existing
D5. Size limitations. A junior second unit shall not
exceed five hundred (500) square feet in size.
No substantial change from existing No substantial change from existing No substantial change from existing
City of San Rafael: ADU Ordinance Options
18
San Rafael Code Section 14.16.286 State Law Standard Option San Rafael Standard Option Selected Standard Option
D6. Unit access. A separate exterior entry shall be
provided to serve the junior second unit. Interior
access between the junior second unit and the
main residence is required, and can be a door
equipped with a double lock.
No substantial change from existing No substantial change from existing No substantial change from existing
D7. Building and fire code requirements. The
junior second unit must meet the following
building and fire code requirements:
a. No fire wall separation or noise attenuation
measures are required between the main
dwelling and the junior second unit.
b. No fire sprinklers shall be required for the
junior second unit, unless the associated
improvements meet the threshold for a
"substantial remodel" as defined by
Chapter 4.08 (Fire Code) of the San Rafael
Municipal Code.
c. A smoke alarm shall be required in the junior
second unit and shall be connected to the
smoke alarms in the main residence.
d. The junior second unit shall be equipped with
a carbon monoxide detector.
D7. Building and fire code requirements. Junior
accessory dwelling units are not considered
separate or new dwelling units for the purposes
of fire and life protection ordinances and
regulations. Regulations on fire and life
protection requirements can be applied in a
single family residence with a junior accessory
dwelling unit so long as they also apply to single-
family residences regardless of whether the
single-family residence includes a junior
accessory dwelling unit or not. The junior
accessory dwelling unit must meet the following
building and fire code requirements:
a. No fire wall separation or noise attenuation
measures are required between the main
dwelling and the junior accessory unit.
b. No fire sprinklers shall be required for the
junior accessory dwelling unit, unless the
associated improvements meet the
threshold for a "substantial remodel" as
defined by Chapter 4.08 (Fire Code) of
the San Rafael Municipal Code.
c. A smoke alarm shall be required in the
junior accessory dwelling unit and shall
be connected to the smoke alarms in the
main residence.
d. The junior accessory dwelling unit shall be
equipped with a carbon monoxide detector.
D7. Building and fire code requirements.
The junior accessory dwelling unit must
meet the following building and fire code
requirements:
a. No fire wall separation or noise
attenuation measures are required
between the main dwelling and the
junior accessory unit.
b. No fire sprinklers shall be required for
the junior accessory dwelling unit,
unless the associated improvements
meet the threshold for a "substantial
remodel" as defined by Chapter 4.08
(Fire Code) of the San Rafael
Municipal Code.
c. A smoke alarm shall be required in the
junior accessory dwelling unit and
shall be connected to the smoke
alarms in the main residence.
d. The junior accessory dwelling unit shall be
equipped with a carbon monoxide detector.
Same as “State Law Emphasis,” or “San
Rafael Standard Option”
D8. Utility service. A separate water connection or
meter, and a separate sewer service connection
are not required for a junior second unit. Water
and sewer service for the junior second unit is
shared with the main single-family dwelling unit.
D8. For the purposes of providing service for
water, sewer, or power, a junior accessory
dwelling unit shall not be considered a separate
or new dwelling unit.
D8. Utility service. A separate water
connection or meter, a separate power
service connection, and a separate sewer
service connection are not required for a
junior accessory dwelling unit. Water and
sewer service for the junior accessory
dwelling unit is shared with the main single-
family dwelling unit.
Same as “San Rafael Standard Option,”
or “State Law Standard Option”
City of San Rafael: ADU Ordinance Options
19
San Rafael Code Section 14.16.286 State Law Standard Option San Rafael Standard Option Selected Standard Option
D9. Food preparation area. A junior second unit
shall include a food preparation area, requiring
and limited to the following components:
a. A sink with a maximum width and dimensions
of sixteen inches (16") and width a
maximum waste line diameter or one-and-
one-half inches (1.5');
b. A cooking facility or other appliance, including
a refrigerator, which does not require
electrical service greater than one hundred
twenty (120) volts or natural or propane
gas; and
c. A food preparation counter and storage
cabinets which do not exceed six feet (6') in
length.
D9. A junior accessory dwelling unit shall include
an efficiency kitchen, which shall have all of the
following:
(A) A sink with a maximum waste line diameter
of 1.5 inches.
(B) A cooking facility with appliances that do not
require electrical service greater than 120 volts,
or natural or propane gas.
(C) A food preparation counter and storage
cabinets that are of reasonable size in relation
to the size of the junior accessory dwelling unit.
D9. Food preparation area. A junior
accessory dwelling unit shall include a food
preparation area, requiring and limited to
the following components:
a. A sink with a maximum width and
dimensions of sixteen inches (16")
and width a maximum waste line
diameter or one-and-one-half inches
(1.5');
b. A cooking facility or other appliance,
including a refrigerator, which does
not require electrical service greater
than one hundred twenty (120) volts
or natural or propane gas; and
c. A food preparation counter and storage
cabinets which do not exceed six feet (6') in
length.
Same as “San Rafael Standard Option,”
or “State Law Standard Option”
D10. Off-street parking. No additional off-street
parking is required beyond that required for the
main single-family dwelling. The main single-family
dwelling must meet the current off-street parking
standard in effect at the time the junior second
unit is approved.
D10. A junior accessory dwelling unit shall not
be required to provide additional parking.
NOTE: a City is not prohibited from adoption a
regulation that applies to a single-family
residence containing a junior accessory dwelling
unit, so long as that ordinance or regulation
applies uniformly to all single-family residences
regardless of whether the single-family
residence includes a junior accessory dwelling
unit.
D10. Off-street parking. No additional off-
street parking is required beyond that
required for the main single-family dwelling.
The main single-family dwelling must meet
the current off-street parking standard in
effect at the time the junior accessory
dwelling unit is approved.
Alternative 1. No additional parking.
No additional parking is required
beyond that required when the existing
primary dwelling was constructed.
Alternative 2. Current language
Same as “San Rafael Standard Option”
4th St
5th Ave
3rd St
C StD St2nd St
Andersen Dr Point San Pedro R dFrancisco Blvd ELas Gallinas AveLi
n
c
o
l
n
Av
e
I
rwi
n StB StGrand AveCanal St Knight DrW
oodla
n
d A
veE StM
ontecillo Rd
Kerner BlvdR iviera D rVendola DrSmith Ranch Rd
Du Boi
s StBret Harte RdG St1st St Belle AveSummit AveAdrian W ayA StLea DrH StRedwood HwyTamarack DrNorth Ave
Jewell StM a in D r
Las Colindas RdDel Ganado Rd
Los Ranchi
tos RdEsmeyer Dr
Peacock DrC
ivic
C
e
nter
D
r
Biscayne Dr
Bayview Fire Rd
Bellam BlvdUpper Toyon Dr
Devon DrTrellis DrArias St
Mann Dr
Center St McInnis PkwyM argarita DrFairhills Dr
Union StTerrace AveNorthgate DrNye StVilla A
ve
Mountain View AveRidgewood Dr Paul DrBay WayLocust Ave
Robinhood Dr
Lochinvar Rd
Ross St
S an M arino D rMission Ave
Clark StLindaro StLinden LnHolly Dr
Clorinda Ave Fa
i
r
Dr
Park StSolano St
C an tera W a yButternut DrUpper Rd
S h o r e l i n e P a t h
Belvedere StLas Pavadas AveF StCircle RdRanch RdM
abry W
ay Rosal WayForbes Ave
Larkspur St
McNear Fire Rd
K StLas Ovejas AveLeona DrM
adera St
O
uter Levee Trl
Peacock Gap TrlSunny Oaks Dr
Duran Dr
Palm AveO leander D rSky
vi
e
w Te
r
Mc
Ne
a
r DrClub DrCatalina BlvdBayview Dr
Locksly Ln
Beach Dr
Gary PlMeyer RdCorrillo DrMeriam Dr
Rose StGlacier PtSchmidt Ln
Shoreline PkwyPicnic Ave Marina BlvdL ag oon R d
Hickory Ln
O xford DrSilveira PkwyElda DrElena Cir Summit Rd
Merrydale Rd
Alexander Ave
W
aterside Cir
Ivy LnHappy LnAcacia AvePelican WayM a r k D r
Castlewood DrNorthgate MallOak Dr
Medway RdFowler CtHillview AvePark Ri
dge RdOakhurst Rd Bahia LnGrove StJefferson Ave
Sunset Way
Roosevelt Ave
Aquinas DrJessup StPoco PasoMooring Rd
Clayton St Le
i
t
h LnMaple St
Morphew StWatt Ave
Market StRay CtHolmes AveTeton CtTralee Way
Cijos StGilbert St...
N
W
P R
R
...Oak AveMain Dr
®
City of San RafaelBus Stops - All
0 1 20.5 Miles
City Limits
Bus Stops
Half_Mile_Radius
San Pablo Bay
San Rafael Bay
4th St
5th Ave
3rd St
C StD St2nd St
Andersen Dr Point San Pedro R dFrancisco Blvd ELas Gallinas AveL
i
n
c
o
l
n
Av
e
I
rwi
n StB StGrand AveCanal St Knight DrW
oo
dlan
d A
veE StM
ontecillo Rd
Kerner BlvdR iviera D rVendola DrSmith Ranch Rd
Du Boi
s StBret Harte RdG St1st St Belle AveSummit AveAdrian W ayA StLea DrH StRedwood HwyTamarack DrNorth Ave
Jewell StM a in D r
Las Colindas RdDel Ganado Rd
Los Ranchi
t
os RdEsmeyer Dr
Peacock DrC
ivic
C
e
nter
D
r
Biscayne Dr
Bayview Fire Rd
Bellam BlvdUpper Toyon Dr
Devon DrTrellis DrArias St
Mann Dr
Center St McInnis PkwyM argarita DrFairhills Dr
Union StTerrace AveNorthgate DrNye StVilla A
ve
Mountain View AveRidgewood Dr Paul DrBay WayLocust Ave
Robinhood Dr
Lochinvar Rd
Ross St
S an M arino D rMission Ave
Clark StLindaro StLinden LnHolly Dr
Clorinda Ave Fa
i
r
Dr
Park StSolano St
C an tera W ayButternut DrUpper Rd
S h o r e l i n e P a t h
Belvedere StLas Pavadas AveF StCircle RdRanch RdM
abry W
ay Rosal WayForbes Ave
Larkspur St
McNear Fire Rd
K StLas Ovejas AveLeona DrM
adera St
O
uter Levee Trl
Peacock Gap TrlSunny Oaks Dr
Duran Dr
Palm AveO leander D rSky
vi
e
w Te
r
Mc
Ne
a
r DrClub DrCatalina BlvdBayview Dr
Locksly Ln
Beach Dr
Gary PlMeyer RdCorrillo DrMeriam Dr
Rose StGlacier PtSchmidt Ln
Shoreline PkwyPicnic Ave Marina BlvdL a go o n R d
Hickory Ln
O xford DrSilveira PkwyElda DrElena Cir Summit Rd
Merrydale Rd
Alexander Ave
W
aterside Cir
Ivy LnHappy LnAcacia AvePelican WayM a r k D r
Castlewood DrNorthgate MallOak Dr
Medway RdFowler CtHillview AvePark Ri
dge RdOakhurst Rd Bahia LnGrove StJefferson Ave
Sunset Way
Roosevelt Ave
Aquinas DrJessup StPoco PasoMooring Rd
Clayton St Lei
t
h LnMaple St
Morphew StWatt Ave
Market StRay CtHolmes AveTeton CtTralee Way
Cijos StGilbert St...
N
W
P R
R
...Oak AveMain Dr
®
City of San RafaelBus Stops - Local
0 1 20.5 Miles
City Limits
Bus Stop - Local
Half Mile Radius - Local
San Pablo Bay
San Rafael Bay
4th St
5th Ave
3rd St
C StD St2nd St
Andersen Dr Point San Pedro R dFrancisco Blvd ELas Gallinas AveLi
n
c
o
l
n
Av
e
I
rwi
n StB StGrand AveCanal St Knight DrW
oodla
n
d A
veE StM
ontecillo Rd
Kerner BlvdR iviera D rVendola DrSmith Ranch Rd
Du Boi
s StBret Harte RdG St1st St Belle AveSummit AveAdrian W ayA StLea DrH StRedwood HwyTamarack DrNorth Ave
Jewell StM a in D r
Las Colindas RdDel Ganado Rd
Los Ranchi
tos RdEsmeyer Dr
Peacock DrC
ivic
C
e
nter
D
r
Biscayne Dr
Bayview Fire Rd
Bellam BlvdUpper Toyon Dr
Devon DrTrellis DrArias St
Mann Dr
Center St McInnis PkwyM argarita DrFairhills Dr
Union StTerrace AveNorthgate DrNye StVilla A
ve
Mountain View AveRidgewood Dr Paul DrBay WayLocust Ave
Robinhood Dr
Lochinvar Rd
Ross St
S an M arino D rMission Ave
Clark StLindaro StLinden LnHolly Dr
Clorinda Ave Fa
i
r
Dr
Park StSolano St
C an tera W a yButternut DrUpper Rd
S h o r e l i n e P a t h
Belvedere StLas Pavadas AveF StCircle RdRanch RdM
abry W
ay Rosal WayForbes Ave
Larkspur St
McNear Fire Rd
K StLas Ovejas AveLeona DrM
adera St
O
uter Levee Trl
Peacock Gap TrlSunny Oaks Dr
Duran Dr
Palm AveO leander D rSky
vi
e
w Te
r
Mc
Ne
a
r DrClub DrCatalina BlvdBayview Dr
Locksly Ln
Beach Dr
Gary PlMeyer RdCorrillo DrMeriam Dr
Rose StGlacier PtSchmidt Ln
Shoreline PkwyPicnic Ave Marina BlvdL ag oon R d
Hickory Ln
O xford DrSilveira PkwyElda DrElena Cir Summit Rd
Merrydale Rd
Alexander Ave
W
aterside Cir
Ivy LnHappy LnAcacia AvePelican WayM a r k D r
Castlewood DrNorthgate MallOak Dr
Medway RdFowler CtHillview AvePark Ri
dge RdOakhurst Rd Bahia LnGrove StJefferson Ave
Sunset Way
Roosevelt Ave
Aquinas DrJessup StPoco PasoMooring Rd
Clayton St Le
i
t
h LnMaple St
Morphew StWatt Ave
Market StRay CtHolmes AveTeton CtTralee Way
Cijos StGilbert St...
N
W
P R
R
...Oak AveMain Dr
®
City of San RafaelTransit Station
0 1 20.5 Miles
City Limits
SMART Station
Half Mile Radius - SMART
San Pablo Bay
San Rafael Bay
S
Hwy
1
0
1
N H
wy 101
4th St
5th A
v
e
E
H
w
y 5
8
0
W
H
w
y 5
8
0
3rd St
D StC St2nd St
Andersen Dr
P o in t S a n P ed ro R d
Francisco Blvd ELas Gallinas AveLi
nc
o
l
n Av
e
B StIrwi
n StGrand AveCanal St Knight DrWo
o
dla
n
d
A
v
e
M
o
ntecillo R
d
E StKerner BlvdDu Boi
s StBelle Ave Vendola DrR iv ie r a D r
G StSmith Ranch Rd
1st St
B
ret H
arte R
dA StA drian W ayRedwood HwyH StJewell StN
orth A
ve
Lea DrM a i n D r
Tamarack DrLas Colindas RdDel Ganado Rd
Los Ranchitos RdPeacock DrCi
v
ic Ce
n
t
e
r Dr
Biscayne Dr
Upper Toyon Dr
Devon DrTrel
l
i
s DrArias St
McInnis PkwyC
e
nter St
Union StFairhills Dr
Terrace AveNye StV
illa
A
v
e
M argarita D rMountain View AveSpring Hill Fire Rd
Ridgewood DrNorthgate DrBay WayRoss St
Jacoby StMission Ave
Robinhood DrPaul DrLaurel Pl
Lochinvar Rd
Mill St
Holly Dr
S a n M a r in o D r
Linden LnLindaro StClark StClorin
da A
ve
Solano St Los Gamos DrKinross DrFair DrPark StC a n te r a W a yButternut DrSea WayBelvedere St
Front St
Upper Rd
F StLas Pavadas AveS h o r e l i n e P a t hCircle RdRanch RdM
a
bry Wa
y Rosal W ayM cN ear F ire R d
K StNovato St
Larkspur StLas Ovejas AveLeona DrPeacock Gap TrlMa
d
era StPalm AveSkyvi
ew TerScenic Ave
Bayview Dr
Duran Dr
O le a n d e r D r
Locksly LnClub DrRose StBeach Dr
Meyer RdGary PlC orrillo D rM
eria
m D
r
Schmidt Ln
Picnic Ave Las Casas DrL a g o o n R d
Marina BlvdAuburn St
Hickory Ln Silveira PkwyEstancia Way
O xfo rd D rElda DrElena Cir
A cacia AveM
errydale R
d
Ivy LnHappy LnMary StPaloma Ave Castlewood DrHillview AveNorthgate MallM a r k D r
M irada A veFowler CtPark Ri
dge RdOakhurst RdGrove StJefferson A
ve
R
oosevelt A
veForest LnIda StWest End AvePoco PasoAquinas DrMooring Rd
Clayton St Stevens PlLei
t
h LnMorphew StH
ol
m
es A
ve
Ray CtTeton CtLo
well Ave
Cijos StForbes Ave ...Oak AveNWP RR...Irwin St...K
er
n
er
B
lv
d
Main Dr
N
WP R
R
City of San Rafael
Road Width
®City Limits
Road Width
8 - 13 feet
14 - 19 feet
20 - 25 feet
0 1 20.5
Miles
San Pablo Bay
San Rafael Bay
NORTH
SOUTH
EAST
S
Hw
y 1
0
1Las Gallinas AveM
ontecillo Rd Vendola DrSmith Ranch Rd
Adrian W ayRedwood HwyNorth Ave
Lea DrM a in D r
Tamarack DrLas Colindas RdDel Ganado Rd
Los Ranchi
t
os RdC
ivic
C
e
nter
D
r
Devon DrTrel
l
i
s DrArias St
McInnis PkwyFairhills Dr
Villa A
ve
Spring Hill Fire Rd
Ridgewood DrNorthgate DrPaul DrHolly Dr Los Gamos DrFai
r
DrButternut DrUpper Rd
Las Pavadas AveCircle RdRanch RdM
abry W
ay Rosal WayLas Ovejas AveLeona DrSkyvi
e
w Te
r
Duran Dr
O leander D rClub DrCorrillo DrM
eriam Dr
Schmidt Ln
Hickory Ln Silveira PkwyEstancia Way
O xford D rElda DrElena Cir
Merrydale Rd
Happy LnNorthgate MallM a r k D r
M irada AveFowler CtPark Ri
dge RdJefferson Ave
Roosevelt AveForest LnPoco PasoAquinas DrHolmes Ave
Ray CtTeton CtLowell Ave...City of San RafaelRoad Width - North
®City Limits
RoadWidth
8 - 13 feet
14 - 19 feet
20 - 25 feet
0 0.5 10.25 Miles
N Hwy 101
4th St
5th A
ve
E H
w
y 580
3rd St
D StC St2nd St
Andersen Dr Point San Pedro R dFrancisco Blvd E
L
i
n
c
o
l
n
Av
e
B StIrwi
n St Grand AveCanal St
W
oo
dla
n
d A
veE StKerner BlvdDu Boi
s St
Belle AveG St1st St
Bret Harte RdA StH StJewell StUpper Toyon Dr
C
enter St
Union StFairhills Dr
Terrace AveNye StVilla A
ve
M argarita DrMountain View AveRidgewood Dr
Bay WayRoss St
Jacoby St
Mission Ave
Robinhood Dr
Laurel Pl
Lochinvar Rd
Mill StLinden LnLindaro StClark StClorinda Ave
Solano St
Kinross DrFa
i
r
Dr
Park StSea WayBelvedere St
Front StF StS h o r e l i n e P a t hCircle RdRanch RdK StNovato St
Larkspur St
M
adera StPalm AveScenic Ave
Bayview Dr
Locksly Ln
Rose StMeyer RdGary PlPicnic Ave Las Casas DrMarina BlvdAuburn StAcacia AveMerrydale Rd
Ivy LnHappy LnMary StPaloma Ave
Hillview Ave
Oakhurst RdGrove StIda StWest End AvePoco PasoAquinas DrMooring Rd
Clayton St Stevens PlLei
t
h LnRay CtCijos StForbes Ave
Oak AveNWP RR...Irwin StK
erner Blvd
N
W
P R
R
City of San RafaelRoad Width - South
®City Limits
Road Width
8 - 13 feet
14 - 19 feet
20 - 25 feet
0 0.5 10.25 Miles
N Hwy 101
3rd St2nd St
Andersen Dr Point San Pedro R dFrancisco Blvd E
L
i
n
c
o
l
n
Av
e
B StIrwi
n St Grand AveCanal St Knight DrW
oo
dla
n
d A
ve Kerner BlvdDu Boi
s St
Belle Ave
R iviera D rA StJewell StPeacock DrC
ivic
C
e
nter
D
r
Biscayne Dr
Union StNye StVilla A
ve
M argarita DrMountain View AveBay WayRobinhood Dr
Laurel Pl
Lochinvar Rd
Mill St San M arino D rLinden LnLindaro StKinross DrFa
i
r
Dr
Park StC an tera W aySea WayBelvedere St
Front St
M cN ear Fire R dNovato St
Larkspur St Peacock Gap TrlPalm AveBayview Dr
Locksly Ln
Beach Dr
Meyer RdMeriam Dr
Picnic Ave Las Casas DrL agoon R d
Marina BlvdAcacia AveMerrydale Rd
Ivy Ln Mary StPaloma Ave Castlewood DrJefferson Ave
Roosevelt Ave
Aquinas DrMooring RdStevens PlLei
t
h LnHolmes Ave
Cijos St......Oak AveIrwin StMain Dr
N
W
P R
R
City of San RafaelRoad Width - East
®City Limits
Road Width
8 - 13 feet
14 - 19 feet
20 - 25 feet
0 0.5 10.25 Miles