HomeMy WebLinkAboutPlanning Commission 2021-03-23 Agenda Packet
AGENDA
San Rafael Planning Commission
Regular Meeting
Tuesday, March 23, 2021, 7:00 P.M.
Virtual Meeting
Watch on Webinar: https://tinyurl.com/pc-2021-03-23
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: (669) 900-9128
Meeting ID: 897-5534-1830#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-
person meeting location for the public to attend. This meeting will be streamed using a
video conference Webinar, and streamed to YouTube Live at
www.youtube.com/cityofsanrafael. Comments submitted via YouTube Live must be
submitted according to the directions located on the YouTube video description. The City is
not responsible for any interrupted service. To ensure the Planning Commission receives
your comments, submit written comments to Alicia Giudice, Planning Manager
(alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding
real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Call the telephone
number listed on this agenda and dial the Meeting ID when prompted. Feel free to contact
the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org if you
have any questions.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Members of the public may speak on Agenda items.
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. Approval of the Planning Commission Meeting Minutes of March 9, 2021
Recommended Action – Approve as submitted
OTHER AGENDA ITEMS
2. Purposed Amendments to the San Rafael Municipal Code to Comply with State
Accessory Dwelling Unit Requirements
Resolution Recommending to the City Council Adoption of an Ordinance of the City of
San Rafael Amending Title 1 (General Provisions), Title 4 (Fire), Title 12 (Building
Regulations), Title 14 (Zoning Ordinance) Related to Regulations for Accessory Dwelling
Units (ZO21-001)
Project Planners: Ali Giudice and Michele Ginn
Recommended Action – Adopt resolution
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Commission
less than 72 hours before the meeting, shall be available for inspection online. Sign Language
interpreters may be requested by calling (415) 485-3066 (voice), emailing
Lindsay.lara@cityofsanrafael.org or using the California Telecommunications Relay Service
by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are
available in accessible formats upon request.
The Planning Commission will take up no new business after 11:00 p.m. at regularly
scheduled meetings. This shall be interpreted to mean that no agenda item or other business
will be discussed or acted upon after the agenda item under consideration at 11:00 p.m. The
Commission may suspend this rule to discuss and/or act upon any additional agenda item(s)
deemed appropriate by a unanimous vote of the members present. Appeal rights: any person
may file an appeal of the Planning Commission's action on agenda items within five business
days (normally 5:00 p.m. on the following Tuesday) and within 10 calendar days of an action
on a subdivision. An appeal letter shall be filed with the City Clerk, along with an appeal fee
of $350 (for non-applicants) or a $4,476 deposit (for applicants) made payable to the City of
San Rafael, and shall set forth the basis for appeal. There is a $50.00 additional charge for
request for continuation of an appeal by appellant.
Minutes subject to approval at the meeting of March 23, 2021
MINUTES
San Rafael Planning Commission
Regular Meeting
Tuesday, March 9, 2021, 7:00 P.M.
Virtual Meeting
Watch on Webinar: https://tinyurl.com/pc-2021-03-09
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: (669) 900-9128
Meeting ID: 872-0645-4435#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-
person meeting location for the public to attend. This meeting will be streamed using a
video conference Webinar, and streamed to YouTube Live at
www.youtube.com/cityofsanrafael. Comments submitted via YouTube Live must be
submitted according to the directions located on the YouTube video description. The City is
not responsible for any interrupted service. To ensure the Planning Commission receives
your comments, submit written comments to Alicia Giudice, Planning Manager
(alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding
real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Call the telephone
number listed on this agenda and dial the Meeting ID when prompted. Feel free to contact
the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org if you
have any questions.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Present: Chair Samudzi
Commissioner Davidson
Commissioner Mercado
Vice Chair Previtali
Commissioner Saude
Absent: Commissioner Lubamersky
Also Present: Alicia Giudice, Planning Manager
Michele Ginn, Permit Services Coordinator
Barry Miller, Project Planner
Paul Jensen, Community Development Director
CALL TO ORDER
Chair Samudzi called the meeting to order at 7:04 p.m. and invited Planning Manager Alicia
Giudice to call the roll. All commissioners were present, except for Commissioner
Lubamersky.
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
None
PUBLIC NOTIFICATION OF MEETING PROCEDURES
Chair Samudzi invited Planning Manager Alicia Giudice who informed the community the
meeting would be streamed live to YouTube and members of the public would provide
public comment either on the telephone or through Zoom or YouTube live chat. She
explained the process for community participation on the telephone, Zoom and YouTube.
Chair Samudzi reviewed the procedures for the meeting.
URGENT COMMUNICATION
Correspondence in real-time through YouTube, Zoom or telephone
• Name withheld, suggested that speakers could identify themselves first before
speaking
CONSENT CALENDAR
Chair Samudzi invited public comment; however, there was none.
Commissioner Saude moved and Commissioner Davidson seconded to approve the
Consent Calendar.
1. Approval of the Planning Commission Meeting Minutes of February 23, 2021
Approved as submitted
AYES: Commissioners: Davidson, Previtali, Saude & Chair Samudzi
NOES: Commissioners: None
ABSENT: Commissioners: Lubamersky
ABSTAIN: Commissioners: Mercado
Motion carried 4-0-1
PUBLIC HEARING
2. Draft Environmental Impact Report for General Plan 2040 and Downtown San
Rafael Precise Plan
The Planning Commission will conduct a public hearing on the Draft Environmental
Impact Report (DEIR) for General Plan 2040 and the Downtown Precise Plan on March
9, 2021. The hearing is the final step in the public review period for the DEIR and
provides an opportunity for public comment on the environmental review document.
Case Nos.: GPA16-001 & P16-013
Project Planner: Barry Miller
Barry Miller, Project Planner and Steve Noack and Torina Wilson, EIR Consultants from
PlaceWorks presented the Staff Report.
Staff responded to questions from the Commissioners.
Chair Samudzi invited public comment.
Speakers: Linzy Klumpp, San Rafael Heritage, Jeffrey Rhoads, San Rafael Heritage, Leslie
Simons, San Rafael Heritage, Bill Carny, Sustainable San Rafael, Kate Powers, Brad Sears
Commissioners provided comments. Staff responded to questions from the Commissioners.
Commissioner Mercado moved and Commissioner Previtali seconded to accept the report.
AYES: Commissioners: Davidson, Mercado, Previtali, Saude & Chair Samudzi
NOES: Commissioners: None
ABSENT: Commissioners: Lubamersky
ABSTAIN: Commissioners: None
Motion carried 5-0
Accepted report
DIRECTOR’S REPORT
Planning Manager Alicia Giudice reported:
• Meeting on March 23 will include a Draft ADU Ordinance
• Planning Commissioner recruitment is active
COMMISSION COMMUNICATION
None
ADJOURNMENT
Chair Samudzi adjourned the meeting at 8:45 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2021
_____________________________________
SHINGAI SAMUDZI, Chair
Community Development Department – Planning Division
P. O. Box 151560, San Rafael, CA 94915-1560
PHONE: (415) 485-3085/FAX: (415) 485-3184
Meeting Date: March 23, 2021
Agenda Item:
2
Case Numbers:
ZO21-001
Project Planner:
Ali Giudice
Michele Ginn
REPORT TO PLANNING COMMISSION
SUBJECT: Purposed Amendments to the San Rafael Municipal Code to Comply with State
Accessory Dwelling Unit Requirements
EXECUTIVE SUMMARY
Over the past several years the State has adopted changes to regulations related to Accessory Dwelling
Units (ADUs) and Junior Accessory Dwelling Units (JADUs). These changes are intended to simplify the
review process by requiring that ADUs/JADUs be considered by local municipalities through a ministerial
review process within a certain time frame. In addition, the State regulations placed a limit on development
standards that a municipality is able to impose on proposed ADUs/JADUs.
Staff has prepared a Draft Ordinance (Exhibit B) that incorporates the State requirements and includes
City specific standards where allowed. Because ADUs and JADUs contribute to the rental housing stock
and contribute toward the City’s regional housing obligation, the ordinance will continue to encourage the
development of ADUs and JADUs. However, as proposed, the Draft Ordinance would prohibit
ADUs/JADUs on certain streets due to access difficulties. Exhibit D of this report includes a map and a
list of those streets where ADUs/JADUs would be prohibited. It is possible that this list may be updated
from time to time to reflect changing conditions.
RECOMMENDATION
It is recommended that the Planning Commission accept public comment, discuss and provide feedback
regarding proposed changes to ADU ordinance and adopt a resolution recommending approval of the
proposed ADU ordinance and associated amendments.
BACKGROUND
Rules governing Accessory Dwelling Units (ADUs) have been continually evolving over the years. These
changes are meant to make it easier to accommodate the development of ADUs to increase housing units
and address California’s housing need. Changes in 2003 required that ADU’s be a ministerial approval
and the rules have kept changing since then to reduce barriers for applicants.
Until 2017, the City of San Rafael had regulated the development of accessory dwelling units through the
City’s second unit ordinance set forth under San Rafael Municipal Code (SRMC) Section 14.16.285) and
junior accessory dwelling units (or junior second units) through SRMC Section 14.16.286. Under the prior
municipal code, Second Units were defined as any additional, separate dwelling unit meeting defined
standards, as specified in Section 14.16.285 and located on the same lot as a single-family dwelling within
a residential district. The prior code did not differentiate between conversion or new addition; Junior
Second Units were defined as an additional, independent living unit created through the conversion of an
existing bedroom in a single-family dwelling subject to defined standards. Junior second units are
distinguished from second dwelling units in that they: (a) must include the conversion of an existing
REPORT TO PLANNING COMMISSION - Case No: ZO21-001 Page 2
bedroom(s) within a single-family dwelling (no new or additional building area); (b) are smaller in size
(maximum size of five hundred (500) square feet); (c) contain either independent or shared bathroom
facilities; and (d) are subject to unique standards that are not applicable to second dwelling units.. San
Rafael’s current ordinances include development standards (such as height, setback, and unit size),
parking requirements, and permit requirements (including discretionary review requirements).
On January 1, 2017, new State legislation through adoption of SB1069, AB 2406 and AB2299 became
effective and made SRMC sections 14.16.285 - Second dwelling units and 14.16.286- Junior Second Units
null and void as these sections do not comply with State regulations. SB1069, AB 2406 and AB2299
brought in some drastic changes. Here are a few of the main changes that came at that time:
• All ADU applications that meet the established standards are go through a ministerial permit
process
• Limits how much parking a local jurisdiction can required based on proximity to transit and other
factors. Allowed local jurisdictions to require replacement of parking spaces lost through
conversion of carport or garage.
• Allowed local agency to require a new or separate utility connection directly between the accessory
dwelling unit and the utility, but fees shall be proportional to the burden created by the ADU. Units
contained within an existing structure shall not be required to install new utility connections.
• Fire Sprinklers are not required for an ADU if they are not required for the primary residence.
Staff began developing a new ADU ordinance to comply with the new state laws but things were put on
hold when we learned of the new large scale changes that were coming in 2020.
On January 1, 2020, the anticipated new laws became effective. Some of the regulations from 2017
remained however some of those changes were broadened to further restrict local limits. Below are
some of the major changes that came with the most recent legislation:
• Size Limits. If a local agency imposes size limitation by ordinance, the allowable maximum size of
an ADU cannot be less than 850 square feet, or 1,000 square feet if the ADU contains more than
one bedroom and requires approval of a permit to build an ADU of up to 800 square feet
((Government Code § 65852.2(c)(2)(B) & (C)).
• Owner Occupancy Requirements. All owner-occupancy requirements have been eliminated for
ADUs approved between January 1, 2020 and January 1, 2025 ((Government Code § 65852.2.
(a)(6)).
• Minimum Lot Size. No minimum lot size standards can be required (Government Code §
65852.2(a)(1)(B)(i)).
• Replacement Parking. Replacement off-street parking cannot be required for an ADU created
through the conversion of a garage, carport or covered parking structure, (Government Code
§65852.2(a)(1)(D)(xi)).
• Review Timeframe. A completed ADU application must be reviewed within 60 days (Government
Code § 65852.2(a)(3) and (b)).
• Fees. ADUs up to 750 square feet are exempt from impact fees (Government Code Section
65852.2, Subdivision (f)(3)); ADUs that are 750 square feet or larger may be charged impact fees
but only such fees that are proportional in size (by square foot) to those for the primary dwelling
unit (Government Code § 65852.2(f)(3)).
• JADU Space. A permitted JADU does not need to include an existing bedroom (as had been
established by the City of San Rafael). JADUs can now be constructed within the walls of the
proposed or existing single-family residence and an interior entry into the single-family residence
is no longer required. (Gov. Code § 65852.22 (a)(4); Former Government Code §
65852.22(a)(5)).
REPORT TO PLANNING COMMISSION - Case No: ZO21-001 Page 3
• Code Enforcement. Property owners can request a delay in Code enforcement against an ADU
for five (5) years to allow the owner to correct the violation, so long as the violation is not a health
and safety issue. (Government Code § 65852.2(n); Health and Safety Code § 17980.12).
Staff has prepared a comparison table (Attachment C) that shows the City’s Second Unit requirements
compared to changes made by recent state legislation and how the proposed ordinance would address
each development standard. This report provides an overview of the difference between the new State
laws and the proposed changes to the SRMC sections that pertain to Accessory Dwelling Units (or Second
dwelling units and Junior second units as they are currently called in the code).
PROJECT DESCRIPTION & ANALYSIS
Because the City’s ADU ordinance no longer complies with state law, staff has prepared a draft
ordinance that would replace our existing regulations related to ADUs and JADUs (or Second dwelling
units and Junior second units as they are currently called in the code). In the Background Section,
above we discussed the primary standards that were necessary to comply with state law and therefore
cannot be modified. As such, the proposed Ordinance either incorporates those standards or refrains
from imposing limits as required by the State. As mentioned above, Exhibit C provides a side by side
comparison with an explanation of the City’s limitations imposed by State legislation.
City Specific Standards-This section will focus on four areas where City of San Rafael has discretion to
adopt specific standards through adoption of an ordinance:
• Size of Unit
• Required Setbacks
• Height Restrictions
• Location restrictions
Staff is proposing the following allowable City specific standards to be incorporated as part of the City of
San Rafael Accessory Dwelling Unit Ordinance.
A. Size of Unit
The state law increases the maximum size of the ADU that local jurisdictions must allow. State law
previously applied a unit size of 1,200 square feet. With adoption of an ordinance the City is able to
establish more strict unit size limits within the following parameters:
• The City must allow efficiency units. Efficiency units are units with a minimum floor area of 150
square feet.
• Unit sizes must be at least 850 square feet for a studio or 1 bedroom unit or 1,000 square feet for
ADUs with more than one bedroom.
• Conversion of an existing structure or portion of the existing primary residence to an ADU cannot
be subject to size limits.
• JADU size requirements can range between 150 square feet to 500 square feet.
The proposed ordinance provided a simplified approach by following the above guidelines and establishing
a maximum allowable floor area of 1,000 square feet for new attached or detached ADU. There is no size
limit to conversion of existing space as noted above. The following table shows the minimum and
maximum allowed based on type of ADU:
REPORT TO PLANNING COMMISSION - Case No: ZO21-001 Page 4
Attached Detached Internal Conversion Junior ADU
Minimum Floor
Area
150 square feet 150 square
feet
150 square feet 150 square feet
Maximum Floor
Area
1,000 sq. ft. or 50% of the floor
area of an existing primary
dwelling unit, whichever is less
1,000
square feet
N/A 500 square feet
The above maximum size limits would create some consistency between attached and detached
ADUs. The City is not able to establish maximum unit sizes for ADU created from internal conversion
of existing space.
B. Required Setback
The maximum required rear and side yard setback for ADUs is 4 feet as this is established by state
law. State law is silent on front yard setback limitations. Staff is proposing that the front yard setback
of an ADU comply with the setback established for the primary residence.
All other accessory structures located between the front setback and the front wall of the house are
only allowed with a design review approval.
Proposed Setbacks for new construction ADUs
Front Same as primary dwelling
Side 4 Feet
Rear 4 Feet
Front Entry 10 Feet from any right-of-way
Reverse Corner Rear 20 feet of the street side yard shall have a 15 foot
setback
Decks, Balconies and Platforms greater than 12”
Rear or side yard shall have a 4 foot setback
C. Maximum Height
Pursuant to state law detached accessory dwelling units are allowed to be at least 16 feet high if it is
within 4 feet of the rear or side yard. Height increase of a detached accessory unit of no more than 1
foot when such increase results in an improved design. However, in no case shall an accessory dwelling
unit located in the Eichler-Alliance overlay district exceed 17 feet in height. Height increase of a detached
accessory unit of no more than 1 foot when such increase results in an improved design. Accessory
dwelling units that comply with the minimum development standards established for the primary
residence shall be subject to the same height limitations established by the district that governs the
property.
D. Location Restrictions
State law allows cities to prohibit ADUs/JADUs in certain locations due to public safety reasons. Staff has
identified certain streets that are difficult to access due to due to narrow travel lanes (<14'), excessive
turning radius, maneuvering difficulty, and/or lack of turnaround, as determined by the Fire Chief and the
Community Development Director. Therefore, staff is proposing that that the ordinance prohibit ADUs and
JADUs on those streets. The ordinance recognizes that the list will need to be updated form time to time
and obligates the Community Development Department to maintain and publish an updated list of those
streets where ADUs are prohibited and make this list available to the public. A draft list of challenged
hillside streets where ADUs would be prohibited is presented in Attachment D.
ENVIRONMENTAL DETERMINATION
This project qualifies for exemption from the provisions of the California Environmental Quality Act
(CEQA) Guidelines pursuant to Sections 15182(h) which states that the adoption of an ordinance
REPORT TO PLANNING COMMISSION - Case No: ZO21-001 Page 5
regarding second units in a single-family or multifamily residential zone qualifies for statutory exemption
under CEQA.
NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of hearing for the project was conducted in accordance with noticing requirements contained in
Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was published in the Marin IJ and
mailed to all to stakeholders, agencies and special interest groups on January 19, 2021. Those noticed
included, among others, all neighborhood associations, the Federation of San Rafael Neighborhoods,
and housing advocacy groups. The Draft Ordinance was posted on the City’s website where opportunity
for public comment was given. Most comments were favorable but we also received comments with
specific points that either need clarity or that expressed opposition to the draft ordinance as proposed.
The following is a summary of comments provided to date:
In Support:
• City needs this level of flexibility for property owners to help to increase the affordable rental housing
stock.
• Fast track approval processes and non-restrictive size limitations are very attractive.
• Support because City needs more housing.
In Opposition:
• Worries about lack of Parking/Traffic in general
• Feeling that we should be prioritizing the current city residence’s quality of life over the people who
do not live here yet and who need an "affordable" place to live. They expressed that they do not need
our local government to facilitate new low-rent housing by increasing housing density.
• Concerns on the height allowance, 16 Feet is too tall.
• Concerns over the restrictions on ADUs on certain narrow streets citing that the property owners on
their narrow street park responsibly and we should focus on enforcing the parking regulations rather
that taking away the ability to add an ADU at all. We should solve the issue of illegal parking rather
than prevent additional ADUs. (This person is in favor of the ADU ordinance overall but has issue
with this particular point in the ordinance.)
Items that need clarification:
• It would be useful to spell out what a variance is and what is the process and fees.
Response: The Variance process is spelled out in the SRMC Chapter 14.23. There is public hearing
process required for variance request and the process includes notification to neighboring property
owners. Fees would depend on the type of variance requested but generally range between $2508
to $3767.
• In the parking section: unclear what an architecturally/ historically significant district is and it is not
clear what “The accessory dwelling unit is part of the proposed or existing primary residence or an
accessory structure” means.
Response: This language was taken from the Government Code. There are no architecturally
significant districts within the City however, we do have three sites that have been deemed historic
districts: The Victorian Village (1623-27 Fifth Avenue), The French Quarter (901-911 Irwin Street),
and 1811-1817 Grand Avenue.
REPORT TO PLANNING COMMISSION - Case No: ZO21-001 Page 6
• Not clear on the distinction of a JADU vs. Internal Conversion ADU.is it just a difference of total
square footage? i.e. -- if less than 500, then qualifies as JADU, but if over 500 then classified as a
JADU?
Response: The primary difference is that a JADU is 500 square feet or less and may have internal
access.
OPTIONS
The Planning Commission has the following options to consider on this matter:
1. Adopt the Resolution recommending City Council Adoption of the proposed ordinance.
2. Adopt the Resolution recommending City Council Adoption of the proposed ordinance with
modifications.
3. Direct staff to return with more information.
EXHIBITS
A. Resolution recommending City Council adoption of an Ordinance Repealing and amending portions
of Title 1 (General Provisions), Title 4 (Fire), Title 12 (Building Regulations), and Title 14 (Zoning
Ordinance) related to Second Units and adding standards related to Accessory Dwelling Units
B. Proposed Ordinance Amendments
C. Comparison Table
D. List of Streets where ADUs are Prohibited
E. Public Comments
EXHIBIT A
Exhibit 1 Page-1
RESOLUTION NO. ______
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE OF
THE CITY OF SAN RAFAEL AMENDING TITLE 1 (GENERAL PROVISIONS), TITLE
4 (FIRE), TITLE 12 (BUILDING REGULATIONS), TITLE 14 (ZONING ORDINANCE)
RELATED TO REGULATIONS FOR ACCESSORY DWELLING UNITS
(ZO21-001)
WHEREAS, the current City regulations related to accessory dwelling units are located in
San Rafael Municipal Code Section 14.16.285 (Second Dwelling Units) and 14.16.286 (Junior
Second Units); and
WHEREAS, in 2016 the State of California legislature, adopted changes related to
accessory dwelling units. These changes became effective on January 1, 2017 and made the City’s
existing regulations null and void ; and
WHEREAS, in 2019 and 2020, the State of California legislature adopted additional
changes and clarifications related to accessory dwelling units and imposed limitations related to
location standards, development standards, parking requirements, review procedures and
enforcement procedures; and
WHEREAS, in the City recognizes the need for more rental housing and accessory
dwelling units contribute to providing much needed rental housing within the City; and
WHEREAS, providing opportunities for property owners to develop accessory dwelling
units contributes to the mix of housing types and increases opportunity for diversity and inclusion
Citywide; and
WHEREAS, draft amendments to the SRMC Title 1 (General Provisions), Title 4 (Fire),
Title 12 (Building Regulations), Title 14 (Zoning Ordinance) related to regulations for accessory
dwelling units have been prepared to comply with state regulations; and
WHEREAS, draft amendments to the SRMC Title 1 (General Provisions), Title 4 (Fire),
Title 12 (Building Regulations), Title 14 (Zoning Ordinance) related to regulations for accessory
dwelling units qualify for exemption from the provisions of the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15182(h) because the project is related to
adoption of an ordinance amendment related to second units.
WHEREAS, on March 23, 2021, the Planning Commission held a duly-noticed public
hearing on the proposed amendments to the San Rafael Municipal Code, Title 1, Title 4, Title 12,
and Title 14, accepting all public testimony and the written report of the Community Development
Department, and recommended to the City Council the approval of the amendments; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends
to the City Council adoption of the amendments to the San Rafael Municipal Code as outlined in
the Attachments A-C of this resolution, based on the following findings as required under Zoning
Code Section 14.27.060:
EXHIBIT A
Exhibit 1 Page-2
1. The amendments to San Rafael Municipal Code Title 1, Title 4, Title 12, and Title 14
– Zoning Ordinance and Zoning Map and are consistent with the policies and programs
of the San Rafael General Plan 2020 in that:
a. As proposed, the amendments would: i) align the city’s regulations to
Government Code Section 65852.2; This action would be consistent with
General Plan Program H-16 (Second Units) which supports the creation of
accessory dwelling units as a method for providing housing options for seniors,
caregivers, and lower and extremely low income households; and H-17c which
supports traffic mitigation fee waivers for accessory dwelling units. LU-23a
(Zoning Ordinance Amendments), and Policy NH-2a (Zoning Ordinance),
which encourages periodic updates to the Zoning Ordinance in order to
maintain a current and internally consistent code.
2. The public health, safety and general welfare are served by adoption of the proposed
amendments to the SRMC, in that they would: i) repeal regulations related to second
dwelling units and junior second units that are no longer aligned with state regulations;
ii) implement standards in line with state regulations related to accessory dwelling units
and junior accessory dwelling units; and iii)would include a prohibition of accessory
dwelling units on certain narrow and steeply sloped streets due to public safety
concerns.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission
meeting held on the 23rd day of March 2021.
Moved by Commissioner __________________ and seconded by Commissioner _____________.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: _______________________________
Paul A. Jensen, Secretary
ATTACHMENT S:
A. Amendments to San Rafael Municipal Code Title 1-General Provisions, Title 4-Fire, 12-
Building Regulations, and Title 14-Zoning Ordinance
1
DRAFT
CITY SAN RAFAEL ACCESSORY DWELLING UNIT ORDINANCE
14.16.285 – Accessory Dwelling Units.
A. Purpose: The purposes of the accessory dwelling unit regulations are to:
Implement policies of the housing element of the San Rafael general plan encouraging the
provision of accessory dwelling units as a source of affordable housing;
Establish a streamlined process for reviewing applications for accessory dwelling units;
Establish a list of performance standards for the development of accessory dwelling units; and
Comply with provisions of state law as they relate to the development of accessory dwelling
units;
Accessory Dwelling Unit. “Accessory dwelling unit” means an attached or a detached
residential dwelling unit that provides complete independent living facilities for one or
more persons and is located on a lot with a proposed or existing primary residence. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling
unit also includes the following: (A) An efficiency unit, (B) A manufactured home, as defined
in Section 18007 of the Health and Safety Code.
a. Accessory dwelling units are not considered to exceed the allowable density for the lot
upon which it they are located.
b. Accessory dwelling units are considered a residential use consistent with the general plan
and zoning designation for the lot.
B. Applicability. An accessory dwelling unit is permitted in (1) any zoning district that allows the
development of single-family or multifamily dwelling residential use and (2) on any lot with a legal
nonconforming residential structure, except when prohibited by Section E. The following are the
four types of accessory dwelling units:
Accessory Dwelling Unit Classifications.
1. Attached Accessory Dwelling Unit. An accessory dwelling unit that shares at least one
common wall with an existing primary dwelling and is not fully contained within the
existing space of the primary dwelling or an accessory structure. Attached Accessory
Dwelling Units also include accessory dwelling units which are proposed to be constructed
concurrently with a proposed primary dwelling unit and which are attached to or
constructed within said primary dwelling unit.
2. Detached Accessory Dwelling Unit. An accessory dwelling unit that does not share a
common wall with the existing or proposed primary dwelling and is not fully contained
within the existing space of an accessory structure.
3. Internal Conversion Accessory Dwelling Unit. An accessory dwelling unit that is fully
contained within the existing space of an existing primary dwelling or contained within the
existing space of an existing accessory structure.
1.
2.
3.
4.
2
4. Junior Accessory Dwelling Unit. An accessory dwelling unit that is no more than 500
square feet in size and contained entirely within the walls of a proposed or existing single-
family residential space.
C. Permitting Process.
Ministerial Review: A proposed accessory dwelling unit or junior accessory dwelling unit that
complies with the following Development Standards (section C.1.a and C.1.b), Objective
Design Standards (section C.1.c) and General Standards (section C.1.d)., shall be approved
ministerially within the time frames established by Section D and shall only be subject to
issuance of a building permit. No discretionary review or public hearing shall be required.
a. Except as permitted by subsection F below, Development Standards applicable to all
Accessory Dwelling Units shall be as follows:
TABLE 14.16.285
Attached Detached Internal
Conversion
Junior
ADU*
NOTES
Minimum Floor
Area
150 square
feet
150 square feet 150 square
feet
150
square
feet
Maximum Floor
Area
1,000 sq. ft.
or 50% of
the floor
area of an
existing
primary
dwelling
unit,
whichever
is less
1,000 square feet N/A 500
square
Feet
Lot Coverage Limits None None None None
Setbacks
Front Same as
primary
dwelling
Same as primary
dwelling
N/A
N/A
Side 4 4 N/A N/A A
Rear 4 4 N/A N/A A
Front
Entry
10 from any
right-of-way
10 from any
right-of-way
N/A N/A
Reverse
Corner
Rear twenty
(20’) feet of
the street side
yard shall have
a fifteen (15’)
foot setback
Rear twenty (20’)
feet of the street side
yard shall have a
fifteen (15’) foot
setback
N/A N/A
Maximum Height 16 feet 16 feet
N/A N/A B, C
Parking 1 space 1 space None None D
1.
3
Separate
independent
entrance required?
Yes Yes Yes Yes
Interior access
allowed?
No No No Yes
* See subsection C.1.b. for additional requirements for Junior Accessory Dwelling Units
(A) Decks, Balconies and Platforms greater than 12” attached to or associated with a detached or
attached accessory dwelling unit shall be located at least four (4) feet from a rear or side property
line.
(B) Height measurement shall be as defined by SRMC Section 14.03.030 except as follows:
a. Height measurement shall exclude flagpoles not exceeding a height of twenty-four feet
(24′), aboveground utility distribution facilities including communications towers and
public water tanks, windmills, monuments, mechanical appurtenances, satellite dishes in
multifamily and nonresidential districts and architectural features such as screening for
mechanical equipment, chimneys, steeples and cupolas.
(C) EA-Overlay District Exception to Height Standard: See section 14.16.285(C)(c)(2) for exception
to height standard in Eichler-Alliance Overlay District.
(D) Parking see Parking subsection C.d.4 for exclusions to the parking requirements.
b. Junior Accessory Dwelling Units Additional Standards. In addition to the Development
Standards in in Table 14.16.285 and Objective Design Standards in section C.1.c., JADU
units shall comply with all provisions of this Section unless expressly indicated otherwise
i. Sanitation Facilities. A junior accessory dwelling unit may include sanitation facilities,
or may share sanitation facilities with the existing structure.
ii. Kitchen. A junior accessory dwelling unit must include a kitchen as defined in SRMC
Chapter 12.255 California Residential Code.
c. Objective Design Standards. Except as provided in section F (Units Subject to Limited
Standards) of this chapter, an accessory dwelling unit shall comply with the following
design standards
(1) Foundation. An accessory dwelling unit shall be constructed on a permanent
foundation.
(2) In Eichler Alliance (EA) District, Accessory Dwelling Units shall not exceed the
height of the existing residence or a maximum height of seventeen (17) feet,
whichever is less.
d. General Standards. Except as provided in section F (Units Subject to Limited Standards) of
this section, an accessory dwelling unit shall comply with the following general standards:
(1) Maximum Number per Lot. Not more than one accessory dwelling unit shall be
permitted per legal lot
(2) Rental. An accessory dwelling unit may be rented but shall not be sold or otherwise
conveyed separately from the primary dwelling
(3) Parking. One parking space shall be provided per accessory dwelling unit except
where the proposed accessory dwelling unit meets any criteria of subsection (ii) of
this section.
i. This parking space may be provided as tandem parking on a driveway.
4
ii. When a garage, carport, or covered parking structure is demolished in
conjunction with the constructions of an accessory dwelling unit or converted
to an accessory dwelling unit, those offstreet parking spaces need not be
replaced.
iii. No Parking shall be required for the following:
a) The accessory dwelling unit is located within one-half mile walking
distance of public transit.
b) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
c) The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
d) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
e) When there is a car share vehicle located within one block of the accessory
dwelling unit.
(4) Nonconforming Conditions. The City shall not require, as a condition for approval of
an accessory dwelling unit application, the correction of nonconforming zoning
conditions
(5) Building Code and Housing Code. All new or expanded accessory dwelling units
shall comply with the Uniform Building Code and Uniform Housing Code in addition
to the requirements of this Section.
Discretionary Review: When Deviating from Standards.
a. A proposed accessory dwelling unit that deviates from the following development
standards in section C.1.a. (Development Standards) shall require Administrative
Design Review pursuant to SRMC section 14.25.040.C Administrative Design Permits.
i. Height increase of a detached accessory unit of no more than 1 foot when such
increase results in an improved design.
ii. Rear or Side Yard Setback deviations of no more than 1 foot. Windows or other
openings shall not be located within 3 feet of the side or rear property line.
b. A proposed accessory unit that deviates from any standard in section C.1.c (Objective
Design Standards) shall require Administrative Design Review pursuant to SRMC
section 14.25.040.C Administrative Design Permits
c. A proposed accessory dwelling unit that deviates from any other applicable standard in
subsection C.1.a. (Development Standards) and subsection C.1.c (Objective Design
Standards, shall require a Variance pursuant to SRMC chapter 14.23.
d. A proposed accessory dwelling unit may deviates from the height standards set forth in
Table 14.16.285 (Development Standards Applicable to All Accessory Dwelling Units)
up to a maximum height set forth in the Property Development Standards tables
2.
5
sections 14.04.040, 14.05.030 or 14.05.032 of this Code, if the proposed accessory
dwelling unit is consistent with all required setbacks established by the applicable
zoning district within which the accessory dwelling unit is to be located.
D.Timeline for Review
a.The City shall act on the accessory dwelling unit application within 60 days from the date
the City receives a completed application if there is an existing single-family or
multifamily dwelling on the lot.
b.If the accessory dwelling unit application is submitted with a permit application to create a
new single-family dwelling on the lot, the City may delay acting on the accessory dwelling
unit permit application until the City acts on the permit application to create the new
single-family dwelling.
c.If the applicant requests a delay in the processing of an accessory dwelling unit
application, the 60-day time period set forth in subsection (2) of this section shall be tolled
for the period of the delay.
d.The City shall be deemed to have acted on the application if the City:
1) approves a building permit for the accessory dwelling unit; or
2) denies a building permit for the accessory dwelling unit; or
3)determines that the accessory dwelling unit does not qualify for ministerial
approval.
e.When Dependent on Separate Construction. When a proposed attached or detached
accessory dwelling unit is dependent on the construction of a new building or new portion
of a building that is not a part of the accessory dwelling unit (“separate construction”), the
City shall either:
1)Accept and begin processing the accessory dwelling unit application only after
acting on an application for the proposed separate construction; or
2) Upon written request from the applicant, review and act on the accessory
dwelling unit together with the separate construction as part of a single
application. In this case, Attachment 1 – Ordinance Amending Title 17 –
Accessory Dwelling Units the accessory dwelling unit is subject to the same
review procedures and requirements as the separate construction.
E. Prohibited locations. State law allows local jurisdictions to designate where ADUs may not be
allowed based on public safety issues. Due to narrow
travel lanes (<14'), excessive turning radius, maneuvering difficulty, and/or lack of turnaround,
ADUs and JADUs shall be prohibited on certain streets as determined by the Fire Chief and the
Community Development Director. The Community Development Department shall maintain
and publish an updated list of those streets where ADUs are prohibited and make this list available
to the public.
6
F. Units Subject to Limited Standards. Without regard to subsections C.1.a and C.1.b (Development
Standards), subsection C.1.c (Objective Design Standards) and subsection C.1.d (General
Standards) of this section, the City shall ministerially approve an application for a building permit
within a residential or mixed-use district to create the following types of accessory dwelling units.
For each type of accessory dwelling unit, the City shall require compliance only with the
development standards in this subsection:
Internal Accessory Dwelling Units. One accessory dwelling unit or junior accessory dwelling
unit per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space
of a single-family dwelling or existing space of a single-family dwelling or accessory
structure and may include an expansion of not more than 150 square feet beyond the same
physical dimensions as the existing accessory structure. An expansion beyond the physical
dimensions of the existing accessory structure shall be limited to accommodating ingress
and egress.
b. The space has exterior access from the proposed or existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The junior accessory dwelling unit complies with the requirements of Government Code
Section 65852.22.
Detached or Attached Accessory Dwelling Units. One detached or one attached, new
construction accessory dwelling unit per lot with a proposed or existing single-family dwelling
if all of the following apply: The accessory dwelling unit may be combined with a junior
accessory dwelling unit described in subsection B.4 (Junior Accessory Dwelling Units). The
accessory dwelling unit must comply with the following:
a. Maximum floor area: 800 square feet.
b. Maximum height: 16 feet.
c. Minimum rear and side setbacks: four feet.
Conversion of Non-Livable Multifamily Space. Multiple accessory dwelling units within the
portions of existing multifamily dwelling structures that are not used as livable space, including,
but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages,
subject to the following:
a. At least one accessory dwelling unit is allowed within an existing multifamily dwelling up
to maximum of 25 percent of the existing multifamily dwelling units; and
b. Each accessory dwelling units shall comply with building code standards for dwellings.
Detached Accessory Dwelling Units on Multifamily Lots. Not more than two accessory
dwelling units that are located on a lot that has an existing multifamily dwelling, but are
detached from that multifamily dwelling and are subject to the following:
a. Maximum height: 16 feet
b. Minimum rear and side setbacks: four feet.
1.
2.
3.
4.
DRAFT
Proposed Text Amendments to San Rafael Municipal Code
Title 1-General Provisions, Title 4-Fire, 12-Building Regulations, and Title 14-Zoning Ordinance
1.40.070 - Remedy for repeat zoning violations involving illegal dwelling units or illegal second
accessory dwelling units.
If a property owner violates the city's zoning ordinance by maintaining an illegal dwelling unit or
illegal second accessory dwelling unit, after having been previously required by the city to abate such a
violation on the same property, the city may require, in addition to any other remedies permitted by law,
the removal of such facilities as may be necessary to eliminate the existence of a kitchen in the area of
the illegal dwelling unit or illegal second dwelling unit. A property owner may request delay of
enforcement of a building standard related to an accessory dwelling unit pursuant to government code
section 65852.2 (n)
4.08.120 - Amendments to the fire code.
Section 903.2 is hereby amended to read as follows:
903.2 Where Required; All Occupancies and Facilities. An automatic fire sprinkler system shall be
installed in all of the following:
1. Every newly constructed, building or facility.
Exception: Freestanding structures not more than one thousand (1,000) square feet and provided
with exterior wall and opening protection as per Table 602 of the Building Code.
2. Newly created, attached, second accessory dwelling units which meet the definition of a
substantial remodel.
12.200.020 - Amendments.
The 2019 California Building Code is amended or modified as follows:
Amend Section 202 to read as follows:
The definition of "Kitchen" is amended as follows:
KITCHEN. An area in which the preparation of food for eating occurs (that has provisions
for cooking or heating of food, or washing and storing of dishware and utensils, or
refrigeration or storing of food).
The definition of "Substantial Remodel" is added to read as follows:
SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any structure
which combined with any additions to the structure, performed within any three (3) year
period, affects a floor area which exceeds fifty percent (50%) of the existing floor area of
the structure. When any changes are made in the building, such as walls, columns, beams
or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations,
piles or retaining walls or similar components, the floor area of all rooms affected by such
changes shall be included in computing floor areas for purposes of applying this definition.
This definition does not apply to the replacement and upgrading of residential roof
coverings or exterior wall finishes.
Amend Section 903.2 is amended to read as follows:
903.2 Where Required. Approved automatic fire sprinkler systems shall be provided in the
locations described in Sections 903.2.1 through 903.2.12 and in all of the following:
1. Newly constructed buildings or facilities, except detached Group U occupancies not
more than one thousand (1,000) square feet in floor area and provided with exterior wall
and opening protection as per Table 602 of the California Building Code.
2. Newly created, attached, accessory dwelling units which meet the definition of a
substantial remodel.
3. All other existing buildings, fire sprinkler systems may be required by the fire chief in
accordance with the following:
3.1. All buildings where improvements occur during any three (3) year period which
cumulatively meet the definition of a substantial remodel.
3.2. All buildings, except R-3 occupancies, in excess of three thousand (3,000) square
feet which have more than ten percent (10%) floor area added within any three (3) year
period. Exceptions may be granted by the fire chief when alternate means of protection
are installed as approved by the fire code official.
3.3. A change in the use of a building that results in a higher fire or life safety hazard when
the square footage of the area changing use is more than 50% of the square footage of
the existing building.
3.4. Where fire sprinklers are required by provisions of this code, they shall be extended
throughout the building.
4. All public storage facilities. Exceptions may be granted by the fire chief when alternate
means of protection are installed as approved by the fire code official.
5. All tunnels used for the transportation of people or any type of vehicle.
14.03.030 - Definitions.
"A.M. peak hour" means the number of vehicular traffic movements entering and exiting a site during
the highest volume consecutive sixty (60) minutes in the a.m. peak period from seven a.m. (7:00 a.m.) to
nine a.m. (9:00 a.m.) on the local street system.
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides
complete independent living facilities for one or more persons and is located on a lot with a proposed or
existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An
accessory dwelling unit also includes the following: (A) An efficiency unit, (B) A manufactured home, as
defined in Section 18007 of the Health and Safety Code.
a. Accessory dwelling units are not considered to exceed the allowable density for the lot upon which
it they are located.
b. Accessory dwelling units are considered a residential use consistent with the general plan and
zoning designation for the lot.
"Accessory structure" means a structure detached from a principal building on the same lot and
customarily incidental and subordinate to the principal building and use that requires a foundation or
structural support on the ground. Accessory structures include, but are not limited to, garages/carports,
gazebos, greenhouses, storage sheds, freestanding solar panel arrays, small wind energy systems,
cabanas, studios, sport courts, spas, hot tubs and pools. Accessory structure would not include a "tree
house" that does not have a foundation support on the ground or require building permit. See also
“Accessory Dwelling Unit”
"Accessory use" means a use clearly subordinate or incidental and directly related to a permitted use
or conditionally permitted use. The general thresholds for considering whether a use is an accessory use
include whether the: a) floor area dedicated to the use is less than twenty-five percent (25%) of the total
area; b) amount of business, revenue or activity generated by the use is less than twenty-five percent
(25%) of the main use; c) hours of operation and intensity of operation are similar to the primary use; and
d) uses are composed in separate and demised tenant spaces.
"Addition" means a structure added to the original structure at some time after the completion of the
original.
"Affordable housing unit(s)" means those dwelling units as described herein which are required to be
rented at affordable monthly rents to very-low, low, and moderate-income households, or purchased at an
affordable sales price to low and moderate-income households.
(deleted unchanged)
"Caretaker's residence" means an accessory dwelling unit on the site of a commercial, industrial,
public or semi-public use, occupied by a guard or caretaker.
(deleted unchanged)
"Dwelling unit" means one or more rooms designed, occupied or intended for occupancy as separate
living quarters for the exclusive use of one household, with a kitchen, sleeping facilities, and sanitary
facilities.
"Egress" means an exit.
(deleted unchaged)
"Junior second unit." An accessory dwelling unit that is no more than 500 square feet in size and
contained entirely within the walls of a proposed or existing single-family residential space..
"Residential development project" means a project for the construction or placement of a dwelling
unit oran accessory dwelling unit, manufactured home, or a mixed-use development as defined in this
section or the subdivision of land for a residential development project or a mixed use project.
"Residential, duplex" means one (1) structure on a single lot containing two (2) dwelling units, each
of which is functionally separate from the other. This definition includes use of a duplex unit(s) as a
household for "transitional housing" and "supportive housing" as defined under the State Health and
Safety Code.
"Residential, multifamily" means medium and high density residential development, including a
"transitional housing development" or "supportive housing" as defined under State Health and Safety
Code Section 50675.2 (and subsequent amendments), containing three (3) or more attached dwelling
units in one (1) or more structures located on a single parcel or common lot.
"Residential nameplate" means a plate of metal, glass, wood, etc., bearing a person's name, such as
is often placed on or near the door of a dwelling or mailbox.
"Residential, single-family" means low density residential development containing one (1) primary
residential "dwelling unit" for use by a single household on a single parcel. This definition includes use of
a single-family dwelling and/or accessorydwelling unit as a household for "transitional housing" or
"supportive housing" as defined under the State Health and Safety Code.
14.04.020 - Land use regulations (R, DR, MR, HR, PD).
P: Permitted by right; C: Conditional use permit; A: Administrative use permit; Blank: Not allowed.
Table 14.04.020
Type of Land Use R DR MR HR PD Additional Use Regulations I I I I I I
Residential Uses
Accessory Dwelling Units P P P P P See standards, Section 14.16.285
Junior Accessory Dwelling Units P P P P P See standards, Section 14.16.285
14.04.030 - Property development standards (R).
Table 14.04.030
FOOTNOTES TO TABLE
(A) Where two (2) or more lots in a block have been improved with buildings, the minimum required
shall be the average of improved lots on both sides of the street for the length of the block. For
purposes of determining average front setback on developed lots, setback should be measured
from the property line to closest wall of any principal structure.
(B) Where there is a driveway perpendicular to the street, any garage built after January 1, 1992, or
carport built after January 1, 2006, shall be set back twenty feet (20′).
(C) On a reverse corner lot, the rear twenty feet (20′) of the street side yard shall have a fifteen-foot
(15′) setback.
(D) In the R7.5, R10 and R20 districts, where two (2) or more lots in a block have been improved
with buildings, the minimum required shall be the average of improved lots within the same district
on both sides of the street for the length of the block.
(E) In the -EA Combining District, maximum height of seventeen feet (17′) to peak, and one habitable
floor.
(F) For design criteria for upper-story construction, see Section 14.25.050(F)(6), Upper-Story
Additions.
(G) For lots less than five thousand (5,000) square feet, the maximum upper story shall be fifty
percent (50%) of the maximum lot coverage calculation; for lots five thousand (5,000) square feet
or larger, maximum upper story size shall be seventy-five percent (75%) of maximum lot coverage
calculation.
14.05.020 - Land use regulations (GC, NC, O, C/O, R/O, FBWC).
Table 14.05.020
Type of Land Use GC NC O C/O R/O FBWC* Additional Use
Regulations
I I 11 I I I
Residential Uses * * * *See Chapter 14.17 standards.
Single-family residential C C
Duplex residential C
Multifamily residential A(3) A(3) P A(3) P A(3)
Accessory Dwelling Units P P P P P P See standards, Section 14.16.285
Junior Accessory Dwelling Units P P P P P P See standards, Section 14.16.285
14.05.022 - Land use regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O).
Table 14.05.022
Type of Land Use 4SRC HO CSMU 2/3
MUE
2/3
MUW WEV 5/M
R/O
Residential Uses
Single-family residential
Duplex residential P P
Multifamily residential (19) A A(29) A A(20) A A P
Accessory Dwelling Units P P P P P P P See standards,
Section 14.16.285
Junior Accessory Dwelling
Units P P P P P P P See standards,
Section 14.16.285
14.16.020 - Accessory structures.
An accessory structure (i.e., a customarily incidental structure detached from a principal building on
the same lot) shall comply with all requirements for principal buildings, with the following exceptions and
additional requirements:
2. Interior Side and Rear Yard Setbacks.
a. Zero-foot (0′) Setback. The following accessory structures may be located within the
required interior side and rear yard setbacks, and up to the property line, subject to
conformance with any applicable building code limitations and provision of an
unobstructed walkway clearance of at least three feet (3′) between above-grade
accessory structures and adjacent buildings or the property line in order to provide
access around the primary building:
i. Accessory structures, unconditioned (e.g., not intended for human occupancy) with
a maximum floor area of one hundred twenty (120) square feet and up to eight feet
(8′) in height measured from grade to roof peak;
ii. Fountains, trellises, statues and decorative yard improvements no taller than six
feet (6′) in height;
iii. Retaining walls up to four feet (4′) in height above grade (e.g., exposed wall height
above finished grade, as determined by the community development director);
iv. At-grade walkways and decks less than twelve inches (12″) above grade.
e. Accessory Structure with Sanitary Facilities. A residential accessory structure that
exceeds one hundred twenty (120) square feet in size and includes sanitary facilities
shall require (prior to issuance of a building permit) recordation of a deed restriction with
the county of Marin to reflect that the detached accessory structure cannot be utilized
as an accessory dwelling unit, unless it complies with the requirements of
14.16.240 - Manufactured homes.
A. Purpose. In order to increase the supply of housing and variety of housing types available to the public,
manufactured homes are permitted within all zoning districts which allow single-family dwellings,
consistent with meeting certain standards.
B. Compatibility Standards. A manufactured home may be used for residential purposes in an R district
if the planning director determines, prior to issuance of any building permit that the following standards
are met:
1. The lot and structure meet all the property development standards and requirements of the district;
2. The home is to be used as the principal or accessory dwelling unit;
14.16.285 - Second dwelling units. – To be Replaced in entirety
To Be Removed in Entirety
14.18.040 - Parking requirements.
Table 14.18.040
Use Classification Off-Street Parking Required
Accessory dwelling units: See Section 14.16.285
14.25.040 - Improvements subject to review.
No improvement subject to environmental and design review shall hereafter be constructed, located,
repaired, altered, expanded or thereafter maintained, except in accordance with a design approved as
provided in this chapter. The following items shall be subject to environmental and design review permits,
whether or not a building permit is required.
A. Major Physical Improvements.
1. New construction on vacant property, including, but not limited to:
a. Any residential structure located within one hundred (100) vertical feet of a ridgeline,
b. Residential structures with three (3) or more dwelling units, and boarding houses,
c. Residential structures as required by subdivision or zoning approvals,
d. Offices, retail and industrial structures,
e. Public, quasi-public, religious, social and similar community structures,
f. Marinas and yacht clubs;
2. Modifications to existing structures, including, but not limited to:
a. Additions to multifamily residential structures with three (3) or more units, where the
addition constitutes more than forty percent (40%) of the total square footage of the
building,
b. Additions and alterations to existing nonresidential structures where the addition is
greater than forty percent (40%) of the existing square footage. (Note: The community
development director may determine that an addition or alteration greater than forty
percent (40%) which has a minor impact on the visual character or function of a building
is subject to a minor design review permit.),
c. Relocation of a nonresidential structure, or of a residential structure with three (3) or
more existing dwelling units,
3. Major site design improvements, including but not limited to:
a. Subdivisions located on properties with an average slope of twenty-five percent (25%)
or greater, or with a general plan land use designation of hillside residential or hillside
resource residential,
b. Cutting of one thousand (1,000) or more cubic yards per site per year, or fill of two
thousand (2,000) or more cubic yards per site per year. (Exempt: Where removal is
being done in accordance with an approved and legally effective tentative and/or final
subdivision map, and a legally effective building permit.) (Note: A use permit is also
required where the principal use proposed is cutting or filling.),
c. Landscaping as part of a development subject to major environmental and design
review,
d. Circulation and parking and loading facilities for pedestrians, bicycles and motor
vehicles on a development subject to major environmental and design review,
e. Signs for a development subject to environmental and design review. The sign permit
application shall be reviewed for location, size and type of signs concurrently with the
design review application. See Chapter 14.19, Signs;
4. Development subject to review as a major physical improvement pursuant to any other
provision of this title;
5. Murals and mural signs painted on the exterior surface of a wall of an existing or new
structure.
6. Wireless telecommunications facility, as prescribed under Section 14.16.360.B.
C. Administrative Design Permits.
1. Decks, or additions to existing decks, higher than thirty inches (30″) above grade, located on
residential lots with average slopes of twenty-five percent (25%) or greater or located in the
hillside resource residential and hillside residential general plan land use designations,
except no review is required for decks:
a. Less than a total of one hundred (100) square feet,
b. Not visible from the public street or adjacent properties, or
c. Replacing an existing elevated deck with a deck of same size and configuration;
2. New single-family residences located on a flag lot,
3. New one-story duplexes, or ground floor additions over five hundred (500) square feet in size
or that include addition of a bedroom,
4. Conversion of a single-family residence to a duplex,
5. Design changes to projects that previously obtained design review approval. This includes
modifications to upper story additions, modifications to windows or architectural, site design
or landscaping changes. Based on the scope and potential impact of the change(s), the level
of review may be increased by the community development director.
6. Outdoor eating areas (as prescribed by Section 14.17.110),
7. Minor exterior alterations to a structure or development, which are subject to environmental
and design review, that, in the opinion of the community development director, have minimal
impacts on the visual character or function of the building or development,
8. Satellite dishes over the height limit in a multifamily or nonresidential district,
9. Residential fences over seven feet (7′) in height, and as set forth under the criteria in Section
14.16.140,
10. Nonresidential fencing over seven feet (7′) in height as set forth under Section 14.16.160
proposed to be located in a front yard or between the principal building and public street
frontage(s),
11. Detached accessory structures located on hillside residential lots with slopes of twenty-five
percent (25%) or greater or located in areas with a general plan land use designation of
hillside residential or hillside resource residential,
12. Retaining walls over four feet (4′) in height (measured from the top of the footing or finished
grade, as determined by the community development director, to the top of the wall) and/or
minor landscaping or grading modifications on properties located on a hillside lot as identified
in Section 14.12.020 (-H hillside overlay district) of this title, or located within one hundred
(100) vertical feet of a ridgeline,
13. Minor landscaping revisions to existing or approved multifamily or nonresidential
development that are determined to alter the character of the site,
14. Minor modifications to existing parking lots (reconfiguration or expansion),
15. Exterior repainting and refinishing on a development which significantly deviates from the
color scheme and/or palette previously approved through an environmental and design
review permit, or on structures in the hillside area as identified in Section 14.12.020 of this
title when the colors or materials are not from the approved earthtone-woodtone list,
16. Outdoor storage areas,
17. Design changes to dwelling units that were existing or approved as of January 1991 and
that are being replaced pursuant to Section 14.16.060 (conservation of dwelling units), or
dwelling units that are being replaced pursuant to Section 14.16.270.B.5 (nonconforming
structures) of this title,
18. Modifications to properties in the Eichler-Alliance (-EA) combining district which increase
the height of roof structures by more than six inches (6″) or change the roof pitch, including
the creation of sloping roofs, covered atriums that exceed the existing roof height,
clerestories or exposed exterior ducting, but excluding the review of solar collectors which
are flush-mounted or not visible from the street frontage,
19. Rooftop equipment and screens visible from off-site,
20. Minor additions or modifications to a wireless communications facility, as prescribed under
Section 14.16.360.B,
21. Residential accessory structures to be located between the front-facing wall of the primary
structure and the front setback except as permitted by Section 14.16.020.E.
22. Non-residential accessory structure one hundred twenty (120) square feet or less in size.
23. Ancillary detached accessory structures on a developed multi-family residential property
two hundred forty (240) square feet or less in size.
24. Accessory dwelling units, as prescribed by Section 14.16.285.C.2;
25. Development subject to review for an administrative design permit pursuant to any other
provision of this title.
D. Exempt from Design Review.
1. Single-family dwellings when sited on individual lots with frontage on a public street and not
otherwise subject to design review as listed above;
2. Ordinary maintenance and repairs;
3. New decks or additions to decks, except where review is required for decks located in hillside
areas as prescribed in Section 14.25.040.C, above;
4. Installation of solar panels on existing structures or grounds, as provided under state law
and in compliance with all applicable development standards;
5. The community development director may declare improvements which have been
determined to be minor or incidental within the intent and objectives of this chapter to be
exempt from review.
EXHIBIT C
ADU Regulations
Comparison Table
Standard Regulations Established under
California Government Code 65852.2.
Proposed ADU Regulations Regulations under SRMC
14.16.285/14.16.286
(These regulations are no longer
operable and are provided for
informational purposes)
Minimum Lot Size The City cannot establish a minimum lot
size in order to allow an ADU.
Government Code § 65852.2 (a)(1)(B)(i)
No minimum lot size is proposed
consistent with state regulations
under Government Code §
65852.2
5,000 square feet
Density/max number
of ADUs allowed
Density: An ADU is defined as an
accessory use for the purposes of
calculating allowable density and the City
cannot count ADUs as contributing
toward the density calculation.
The City is obligated to allow the
following:
Number of ADUs allowed:
Single-family properties are allowed at
most one JADU and one detached ADU
per single family lot.
Multifamily properties are allowed least
one ADU to be created within the non-
livable space, or up to 25 percent of the
existing multifamily dwelling units within a
structure;
And
Must also allow not more than two
Detached ADUs on the lot that contains a
multifamily dwelling structure.
No change to the provisions in
Government Code 65852.2 are
proposed.
Density: Second dwelling units are
not required to meet density
requirements for the general plan or
zoning ordinance
Number of ADUs allowed:
A maximum of one second dwelling
unit or one JADU shall be permitted
per residential lot containing a
single-family dwelling.
EXHIBIT C
ADU Regulations
Comparison Table
Only one JADU is allowed per
single-family property. Lots with multiple
detached single-family dwellings are not
eligible to have JADUs. (Government
Code § 65852.22(a)(1))
Size of Unit Minimum and maximum unit size
requirements may be established by
ordinance within parameters
(Government Code §65852.2(a)(1)(D) &
§65852.2 (c).
Those parameters must allow ADU the
following:
• New attached ADU shall not
exceed 50 percent of the floor
area of the existing primary
dwelling for an attached ADU
• A new detached ADU shall not
exceed a floor area of 1,200
square feet.
Regardless of the above limits, a local
agency may place the following limits on
new ADUs
• At least 850 square feet for studio
or 1-bedroom units
• At least 1,000 square feet for
ADUs with more than one
bedroom.
The proposed ordinance
established a minimum and
maximum allowable size as
follows:
New Construction Attached
ADU:
Minimum size -150 sqft
(efficiency unit)
Maximum size -
1,000 sq.ft. or 50% of the floor
area of an existing primary
dwelling unit, whichever is less
New Construction Detached
ADU:
Minimum size -150 sq.ft.
(efficiency unit)
Maximum size -
1,000 sq.ft. or 50% of the floor
area of an existing primary
dwelling unit, whichever is less.
Internal Conversion ADU
(includes demo and rebuild)-
Second units can 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.
In no case shall the second dwelling
unit exceed one thousand (1,000)
square feet in size.
JADU- shall not exceed five
hundred (500) square feet in size
EXHIBIT C
ADU Regulations
Comparison Table
No size limits for the conversion of an
existing accessory structure or
conversion of a portion of the existing
primary residence to an ADU.
efficiency unit allowed (150
sq.ft.),
Maximum size- None
Junior ADU
efficiency unit allowed (150
sq.ft.),
Maximum size- 500 square feet
Required Setback The City may impose minimum setbacks,
for the creation of ADUs and JADUs
however, a setback of no more than four
(4) feet from the side and rear lot lines
shall be required for an attached or
detached ADU. Front and street side
setbacks, and setbacks to account for
utility easements or recorded setbacks
may be imposed by the City.
Setbacks must not unduly constrain the
creation of ADUs and cannot be required
for ADUs proposed pursuant to
Government Code, § 65852.2(e).
No setback shall be required for
conversion of existing space in a primary
unit or accessory structure or a structure
reconstructed in the same location and
with the same dimensions of the existing
New Construction ADU Units-
Front: Same as primary dwelling
Side: 4 Feet
Rear: 4 Feet
Front Entry: 10 Feet from any
right-of-way
Reverse Corner: Rear 20 feet of
the street side yard shall have a
15 foot setback
Decks, Balconies and Platforms
greater than 12” , Rear or side
yard shall have a 4 foot setback
Second dwelling units added or
attached to principal residence must
comply with setback requirements
otherwise required for the
applicable zoning district.
Second dwelling units constructed
as a separate building are subject to
the setback requirements otherwise
applicable to accessory buildings,
(min of 3 feet from interior side and
rear property lines); Second units
are were not allowed in the front
setback.
EXHIBIT C
ADU Regulations
Comparison Table
structure that is converted. (Gov. Code,
§ 65852.2(a)(1)(D)(vii) )
Maximum Height Local agencies may impose height limits
provided that the limit is no less than 16
feet. (Government Code, §
65852.2(a)(1)(B)(i))
16 foot height limit
ADUs located in the Eichler-
Alliance shall cannot exceed 17
feet in height.
Second dwelling units attached to
the primary structure are subject to
the same height limits of the primary
Residence.
Detached Second units cannot
exceed a height of fifteen feet (15′)
in height within the setback areas,
unless a different height is approved
withuse permit by the planning
commission.
Review
Process/Timeframes
Review of complete application within 60
days. ADUs must not be subject to a
hearing or any ordinance regulating the
issuance of variances or special use
permits and must be considered
ministerially.
Government Code §65852.2(b)
No change to provisions in
Government Code 65852.2 are
proposed.
Ministerial permit required with no
specified timeframes. Design
review can be required and a Use
Permit from the Planning
Commission required for units
larger than 800 square feet,
exceeding 15 feet in height or
located within the side or rear
setback areas.
Space for JADU Must be constructed within the walls of
the existing or proposed single-family
residence. Can include conversion of any
portion of the residence, including
garage.
No change to provisions in
Government Code 65852.2 are
proposed.
JADU’s must be created within the
existing walls of a single-family
dwelling and must include the
conversion of an existing
bedroom(s).
Owner Occupancy Owner Occupancy cannot be required for
newly created ADUs. The new owner-
occupancy exclusion is effective January
1, 2020 through December 31, 2024.
There are owner-occupancy
requirements for JADUs. The owner must
No change to provisions in
Government Code §65852.22
are proposed
Owner Occupancy required
EXHIBIT C
ADU Regulations
Comparison Table
reside in either the remaining portion of
the primary residence, or in the newly
created JADU.
Government Code §65852.22
Multifamily Properties An ADU can be added to single family and
multifamily properties that are in a zoning
district that allows residential use.
Government Code §65852.2(a)
No change to provisions in
Government Code 65852.2 are
proposed
Second dwelling units and JADUs
are only for Single Family Properties
Parking and Garage
Conversions
No additional parking for the ADU
parking is required for any of the
following:
(1) Accessory dwelling unit is located
within one-half mile walking distance of
public transit.
(2) Accessory dwelling unit is located
within an architecturally and historically
significant historic district.
(3) Accessory dwelling unit is part of the
proposed or existing primary residence
or an 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.
Otherwise the following ADU parking
requirements apply:
One parking space per unit or bedroom,
whichever is less.
No change to provisions in
Government Code 65852.2
Off-street parking required for each
second dwelling unit. The number of
spaces is based on the number of
bedrooms.
JADUs require code compliant
parking for the main residence, no
additional parking required for the
JADU.
Cannot convert a garage to an ADU
unless you can replace the covered
parking on site.
EXHIBIT C
ADU Regulations
Comparison Table
Off-street parking spaces for the ADU
shall be permitted in setback areas or
through tandem parking, unless specific
findings are made.
Replacement off-street parking cannot
be required for an ADU created through
the conversion of a garage, carport or
covered parking structure,
Government Code §65852.2(a)(1)(D)
Nonconforming
Structures
An applicant shall not be required to
correct nonconforming zoning conditions
as a condition of an ADU ministerial
approval. (Government Code § 65852.2
(e)(2))
The conversion of garages, sheds, barns,
and other existing accessory structures,
either attached or detached from the
primary dwelling, into ADUs is permitted
and promoted through the state ADU law.
These conversions of accessory
structures are not subject to any
additional development standard, such as
unit size, height, and lot coverage
requirements, and shall be from existing
space that can be made safe under
Building and Safety Codes. A local
agency should not set limits on when the
structure was created, and the structure
The proposed ordinance allows
for conversion of existing
structures as required by the
provisions in Government Code
65852.2
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.
EXHIBIT C
ADU Regulations
Comparison Table
must meet standards for Health & Safety.
Finally, local governments may also
consider the conversion of illegal existing
space and could consider alternative
building standards to facilitate the
conversion of existing illegal space to
minimum life and safety standards.
Architectural
Compatibility
Subjective standards design standards
shall not be imposed for construction of
ADUs
Government Code §65852.2(a)(1)(D)(3)
No change to provisions in
Government Code 65852.2 are
proposed, however the
proposed ordinance does
include objective development
standards and special objective
height standards in the
Eichler/Alliance overlay
consistent with the district
standards.
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 certain
design criteria.
Discretionary Review New ADUs must be considered through
ministerial process. The City may adopt
objective standards and may require
discretionary review for projects that do
not comply with objective standards.
(Government Code, § 65852.2
(a)(1)(B)(i))
The proposed ordinance would
require certain objective
standards but would provide a
discretionary process for
projects that do not comply with
objective standards.
New second dwelling units on
hillside properties are subject to a
discretionary Design Review
process.
Prohibited Location Clarifies that local agencies may prohibit
ADUs in certain location based on
adequacy of water and sewer service,
impacts on traffic flow, and public safety
(Government Code, § 65852.2 (a)(1)(A)
The proposed ordinance
includes a proposed prohibition
of ADUs in certain areas based
on steep and narrow streets.
This list will be updated as
needed.
The City’s New second dwelling
units on hillside properties are
subject to a discretionary Design
Review process.
EXHIBIT C
ADU Regulations
Comparison Table
Impact and
Connection Fees
An ADU is exempt from incurring impact
fees from local agencies, special districts,
and water corporations if less than 750
square feet. Should an ADU be 750
square feet or larger, impact fees shall be
charged proportionately in relation to the
square footage of the ADU to the square
footage of the primary dwelling unit.
These provisions do not apply to ADUs
that are constructed concurrently with a
new single-family home (Gov. Code, §
65852.2(f) and Gov. Code, § 66000)
ADUs converted from existing space and
JADUs shall not be considered by a local
agency, special district or water
corporation to be a new residential use for
purposes of calculating connection fees
or capacity charges for utilities, unless
constructed with a new single-family
dwelling. The connection fee or capacity
charge shall be proportionate to the
burden of the proposed ADU, based on its
square footage or plumbing fixtures as
compared to the primary dwelling. (Gov.
Code, § 65852.2 (f)(2)(A))
No change to provisions in
Government Code 65852.2
No Special provisions
Solar Panels Newly constructed ADUs are subject to
the Energy Code requirement to provide
solar panels if the unit(s) is a newly
constructed, non-manufactured,
detached ADU. Per the California Energy
Commission (CEC), the panels can be
No change to provisions in
Government Code 65852.2
Must comply with the Uniform
Housing Code and Uniform Building
Code which did not require solar
panel installation at the time the
ordinance was adopted. Solar
EXHIBIT C
ADU Regulations
Comparison Table
installed on the ADU or on the primary
dwelling unit. ADUs that are constructed
within existing space, or as an addition to
existing homes, including detached
additions where an existing detached
building is converted from non-residential
to residential space, are not subject to the
Energy Code requirement to provide solar
panels.
panels are not specifically noted as
required or not required.
Fire Sprinklers Installation of fire sprinklers may not be
required in an ADU if sprinklers are not
required for the primary residence.
However, if the same primary dwelling
recently undergoes significant
remodeling and is now required to have
fire sprinklers, any ADU created after
that remodel must likewise install fire
sprinklers. (Gov. Code, §
65852.2(a)(1)(D)(xii) and (e)(3))
For ADUs created on lots with multifamily
residential structures, the entire
residential structure shall serve as the
“primary residence”. Therefore, if the
multifamily structure is served by fire
sprinklers, the ADU can be required to
install fire sprinklers.
No change to provisions in
Government Code 65852.2
No specific fire sprinkler standards
are listed in the ADU section of the
municipal code.
A JADU is not required to have
sprinklers unless it constitutes a
substantial remodel but there are a
few other requirements listed as fire
safety requirements.
Expansion An ADU within the existing or proposed
space of a single-family dwelling can be
expanded 150 square feet beyond the
physical dimensions of the structure but
shall be limited to accommodating ingress
and egress.
No change to provisions in
Government Code 65852.2
Expansion of a detached or
attached structure for an ADU is
subject to the same development
standards as an expansion for any
other use.
EXHIBIT C
ADU Regulations
Comparison Table
Document Path: X:\Planning\ADU_Ordinance\ADU_Restricted_Streets_v01.mxd Author: Z. Baron Date: 1/21/2021±ADU Restricted Street
San Rafael Boundary
Unincorporated or Other Jurisdiction
City of San Rafael ADU Ordinance: Restricted Streets
DRAFT
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DRAFT
LIST OF ROADS/STREETS WHERE ADUs/JADUs ARE PROPOSED TO BE PROHIBITED
List considers the follow factors:
Staff is proposing that that the ordinance prohibit ADUs and JADUs on certain streets due to
narrow travel lanes (<14'), excessive turning radius, maneuvering difficulty, and/or lack of
turnaround.
San Rafael Hill/Lincoln
Prospect Drive
Coleman Drive
Fair Drive
Graceland Drive
Vineyard
Tampa Drive
La Vista Way
Chula Vista Drive
Montecito/Happy Valley
Eucalyptus Lane
Marinita Avenue
Jewell Street (between Marinita Ave and Mission Ave)
Dominican/Black Canyon
Terradillo Ave
Roger Drive
Lillian Lane
Hacienda Court
Hearfield Lane
Sun Valley
Bayo Vista Way
West End/Gerstle Park
Dunand Ave
Sentinel Court
Marquard Avenue
Fremont Road
Upper Fremont Road
Trost Road
West Street
Viox Way
Miramar Avenue
Miraflores Ave
Reservoir Road (above Ross Street)
Gerstle Court
Wood Street
Clayton Ave (west of Welch Street)
Bret Harte/Picnic Valley
Southern Heights Boulevard
Perry Walk
McCoy Road
Bungalow Avenue
Glen Ave (above Robert Ave)
Courtright Road
Pearce Road
Martens Blvd
Bret Harte Road (below 270 to above 470)
Baldwin Court
3/17/2021
New comments on ADU draft Ordinance
notify@proudcity.com < notify@proudcity.com >
Thu 1/14/2021 6:46 PM
Mail -Michele Ginn -Outlook
To: Michele Ginn <Michele.Ginn@cityofsanrafael.org>; Alicia Giudice <Alicia.Giudice@cityof sanrafael.org>
Name
Joshua Ebersole
Email
Phone
Please let us know your thoughts!
Absolutely necessary and don't cave to the closed minded N IMBYism .
https://outlook.office365.com/maiVMichele.Ginn@cityofsanrafael.or<jAAMkADZhODEwMjRmLTZhNWUINDMwMS1hMjBhLTRhMTYzODBkODRjMwA... 1/1
3/17/2021 Mail -Michele Ginn -Outlook
New comments on ADU draft Ordinance
notify@proudcity.com < notify@proudcity.com >
Th u 1/14/2021 6:51 PM
To: Michele Ginn <Michele.Ginn@cityofsanrafael.org>; Alicia Giudice <Alicia.Giudice@cityofsanrafael.org>
Name
Steve Krivit
Email
Phone
Please let us know your thoughts!
I have lived in San Rafael fo r 12 years. When I first moved here, I could come and go from my home in Gerstle Park at just about any hour of the day
without being subjected to heavy vehicular traffic, on my way to or from the freeway. In the last few years, that has changed, even before SMART. I now
try to avoid going anywhere, if I can, except between 10 AM and 2 PM . If you could add an additional lane to each of the second and third street corridor
routes, then you would maintain the quality of li fe here. Of course, Increasing the downtown vehicular artery is impossible. Therefore, if you increase
housing density, there are two things that are guaranteed to happen : 1. You will degrade the quality of life here because every one of us will hate having
the ingress and egress from our homes. 2. People who have the financial means to move elsewhere will do so. I lived in Los Angeles fo r 26 years.
Transportation congestion is the main reason why I left. You do not have a responsibility to the people who do not live here yet and who need an
"affordable" place to live. We have rent control now; this protects current residen ts . We do not need our local government to facilitate new low-rent
housing by increasing housing density. You have a responsibility to the people who live here now.
https://outlook.office365.com/maiVMichele.Ginn@cityofsanrafael.or<jAAMkADZhODEwMjRmLTZhNWUINDMwMS1hMjBhLTRhMTYzODBkODRjMwA... 1/1
3/17/2021
New comments on ADU draft Ordinance
notify@proudcity.com < notify@proudcity.com >
Thu 1/14/2021 9:31 PM
Mail -M ichele Ginn -Outlook
To: Mich ele Ginn <Mich ele.Ginn@cityofsanrafael.org>; Alicia Giudice <Alicia.Giudice@ cityofsanrafael.org>
Name
H elene Turcotte
Email
Phone
Please let us know your thoughts!
Thank you the your good work! This is a good draft, wi th lots of in fo! Question :
How would I know if my hou se is in an Eichler Alliance District?
Suggestion :
It would be useful to spell out what a variance is and what is the process and fees .
Thanks again!
https://outlook.office365.com/maiVMichele.Ginn@cityofsanrafael.or<jAAMkADZhODEwMjRmLTZhNWUINDMwMS1hMjBhLTRhMTYzODBkODRjMwA... 1/1
3/17/2021
New comments on ADU draft Ordinance
notify@proudcity.com < notify@proudcity.com >
Thu 1/14/2021 9:46 PM
Mail -M ichele Ginn -Outlook
To: Mich ele Ginn <Mich ele.Ginn@cityofsanrafael.org>; Alicia Giudice <Alicia.Giudice@ cityofsanrafael.org>
Name
Dru Parker
Email
Phone
Please let us know your thoughts!
Thank goodness. It's about time. We need more housing .
Draft ordinance makes sense although 16' heigh t seems pretty ta ll . Is tha t to accommodate sleeping loft?
There are some streets in San Rafael like Union and Park tha t have virtually no available street parking as it is. I think a li ttle more consideration should
be given to requiring parking, if tha t is allowable within the state framewo rk. Half a mile from transi t is silly. Marin public transi t is worthless.
https://outlook.office365.com/maiVMichele.Ginn@cityofsanrafael.or<jAAMkADZhODEwMjRmLTZhNWUINDMwMS1hMjBhLTRhMTYzODBkODRjMwA... 1/1
3/17/2021
New comments on ADU draft Ordinance
notify@proudcity.com < notify@proudcity.com >
Fri 1/15/2021 6:08 AM
Mail -Michele Ginn -Outlook
To: Mich ele Ginn <Mich ele .Ginn@cityofsanrafael.org>; Alicia Giudice <Alicia.Giudice@cityofsanrafael.org>
Name
Leslie Bee
Email
Phone
Please let us know your thoughts!
The draft seems clear. And appreciate that this draft ordinance makes it easie r to develop an ADU and get an ADU approved . But I am not sure how the
current ·state laws made our Accessory Dwelling Unit (ADU) ordinance ineffective· so am not sure how this draft addresses that.
https://outlook.office365.com/maiVMichele.Ginn@cityofsanrafael.or<jAAMkADZhODEwMjRmLTZhNWUINDMwMS1hMjBhLTRhMTYzODBkODRjMwA... 1/1
3/17/2021
New comments on ADU draft Ordinance
notify@proudcity.com < notify@proudcity.com >
Fri 1/15/2021 10:30 AM
Mail -Michele Ginn -Outlook
To: Michele Ginn <Michele.Ginn@cityofsanrafael.org>; Alicia Giudice <Alicia.Giudice@cityofsanrafael.org>
Name
Paula Doubleday
Email
Phone
Please let us know your thoughts!
This seems straightforward and thorough . It sounds like it is expanded to encourage more development.
BTW I clicked the download button and it opened the pdf in a new tab now titled "Benecia Municipal Code". Maybe you want to edit that link.
Great job
Paula
https://outlook.office365.com/maiVMichele.Ginn@cityofsanrafael.or<jAAMkADZhODEwMjRmLTZhNWUINDMwMS1hMjBhLTRhMTYzODBkODRjMwA... 1/1
3/17/2021 Mail -Michele Ginn -Outlook
New comments on ADU draft Ordinance
notify@proudcity.com < notify@proudcity.com >
Fri 1/22/2021 10:58 AM
To: Mich ele Ginn <Mich ele .Ginn@cityofsanrafael.org>; Alicia Giudice <Alicia.Giudice@cityofsanrafael.org>
Name
Ian McCAmey
Emall
Phone
Please let us know your thoughts I
-Not clear on the distinction of a JADU vs. Internal Conversion ADU .... is it just a difference of total square footage? le--if less than 500, then qualifies
as JADU, but if over 500 then classified as ICADU?
-These parking requirement exclusions seem to be an invitati on fo r probl ems:
"No Parking shall be r equired fo r the fo llowing :
a) The accessory dwelling unit is located within one-half mile walking
distance of public transi t."
--> i t would seem that this w ill invite landlords to make units without parking, but rent to tenants who have cars, thus creating adverse impact on
congestion and parking overall. As an alternative, i t would seem better to say that any ADU that does NOT have dedicate parking can NOT rent to a
tenant with a vehicle (thereby incentiviz ing the use of public transi t or other alternative transportations means)
"b) The accessory dwelling unit is located w ithin an architecturally and
histo rically significant histo ric district."
--> Not clear on what districts meet this qualifification but the same alternative would seem to apply. "if no parking is provided, then can no rent to a
tenant with vehicle."
c) The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure .
--> what does this mean?
https://outlook.office365.com/maiVMichele.Ginn@cityofsanrafael.or<jAAMkADZhODEwMjRmLTZhNWUINDMwMS1hMjBhLTRhMTYzODBkODRjMwA... 1/1
3/17/2021
New comments on ADU draft Ordinance
notify@proudcity.com < notify@proudcity.com >
Fri 1/22/2021 10:43 PM
Mail -Michele Ginn -Outlook
To: Michele Ginn <Michele.Ginn@cityofsanrafael.org>; Alicia Giudice <Alicia.Giudice@cityofsanrafael.org>
Name
Esme-Octavia Lazarre
Email
Phone
Please let us know your thoughts!
Fabulous! Bravo! This ordinance allows property owners the flexibility needed to increase the rental housing stock, particularly relatively affordable
housing, while allowi ng renters to experience San Rafael's diverse neighborhoods -something which increases quality of life fo r those renters ( and
some primary dwelling occupants! )and which promotes City unity across varied economic strata . Fast track approval processes and non restrictive size
limitations are very attractive and I expect this ordinance will be highly successful if there are enough property owners who see a benefit in constructing
an ADU on their property. For those who already do see a benefit and are excited to get started, the San Rafael Planning Department has certainly
helped to make the process pain free and highly appealing . Congrats!
https://outlook.office365.com/maiVMichele.Ginn@cityofsanrafael.or<jAAMkADZhODEwMjRmLTZhNWUINDMwMS1hMjBhLTRhMTYzODBkODRjMwA... 1/1
3/17/2021
New comments on ADU draft Ordinance
notify@proudcity.com < notify@proudcity.com >
Sun 1/31/2021 10:11 AM
Mail -Michele Ginn -Outlook
To: Michele Ginn <Michele .Ginn@cityofsanrafael.org>; Alicia Giudice <Alicia.Giudice@cityofsanrafael.org>
Name
Seth Harris
Email
Phone
Please let us know your thoughts!
Restricting ADUs on roads less that 14' or where parking on streets blocks traffic is a punitive action against homeowners who may wi sh to develop an
ADU. If there is illegal parking congestion on roads (e.g . parking wi thin 6' of center line, vehicles parked fo r more than 72 hours, etc) those in fractions
should be enforced . In my neighborhood some residen ts use their garages and carports fo r storage and leave their vehicles on the narrow road fo r
extended periods of time. I have never seen a tra ffic patrol or tickets on illegally parked vehicles in many years in the hills of San Rafael. Individual
decisions to park illegally which have not been enforced by the city should not prevent those who legally park and own homes from adding more housing .
We should solve the issue of illegal parking rather than prevent additional ADUs .
https://outlook.office365.com/maiVMichele.Ginn@cityofsanrafael.or<jAAMkADZhODEwMjRmLTZhNWUINDMwMS1hMjBhLTRhMTYzODBkODRjMwA... 1/1