HomeMy WebLinkAboutCD Urgency Ordinance Regarding Accessory Dwelling Units____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: October 18, 2021
Disposition: Adopted Urgency Ordinance No. 2001
Agenda Item No: 7.a
Meeting Date: October 18, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Alicia Giudice, CDD Director
Jacob Noonan, Housing Manager
City Manager Approval: _________
TOPIC: URGENCY ORDINANCE REGARDING ACCESSORY DWELLING UNITS
SUBJECT: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ESTABLISHING A TEMPORARY MORATORIUM ON ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS ON PROPERTIES ACCESSED
SOLELY FROM CERTAIN HILLSIDE STREETS WITHIN CITY OF SAN RAFAEL, AND
DECLARING THE URGENCY THEREOF
RECOMMENDATION: Adopt an Urgency Ordinance establishing a temporary moratorium on accessory
dwelling units and junior accessory dwelling units on properties accessed solely from certain hillside
streets within City of San Rafael and declaring the urgency thereof.
BACKGROUND
State law (California Government Code Section 65852.150 et seq.) governing Accessory Dwelling Units
(ADUs) and Junior Accessory Dwelling Units (JADUs) has been evolving in recent years. Changes to
ADU laws effective January 1, 2021 further reduce barriers, better streamline approval processes, and
expand capacity to accommodate the development of ADUs and JADUs. When enacting changes, the
California Legislature has found and declared, among other things, allowing ADUs in zones that allow
single-family and multifamily uses provides additional rental housing, and is an essential component in
addressing California’s housing needs. ADUs are a unique opportunity to address a variety of housing
needs and provide affordable housing options for family members, friends, students, the elderly, in-
home health care providers, people with disabilities, and others. Further, ADUs offer an opportunity to
maximize and integrate housing choices within existing neighborhoods.
Because the City’s ADU ordinance no longer complies with the latest state law, it is considered null and
void, and staff has been processing ADU applications solely under the ADU standards and
requirements of state law while staff has been developing a new, compliant ADU ordinance. Staff has
been studying and working on a draft ADU ordinance that would replace our existing regulations. The
draft ordinance includes a proposed prohibition of ADUs and JADUs on certain hillside properties as
shown in a list of prohibited streets. The prohibition was included in the draft zoning ordinance based
on concerns from the San Rafael Fire Department about inadequate fire response access on roadways
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
that are narrow and steep and also currently experience high levels of on-street parking, which together
have the potential to restrict fire truck access during a fire emergency. A draft Ordinance was presented
to the Planning Commission for consideration and received an affirmative recommendation on March
23, 2021. However, staff has been getting additional information from the Fire Department to clarify the
exact extent of regulation needed to mitigate the high fire risk of the hillside properties and is
considering the possibility of imposing special parking requirements for ADUs and JADUs on these
properties. Staff has determined that further analysis is required to determine the type of regulations
deemed necessary for new ADUs and JADUS on these properties that are also consistent with state
housing laws.
ANALYSIS
When a local agency is studying or intending to study changes to local land use regulations,
Government Code section 65858 authorizes the local agency to adopt an interim urgency ordinance
(commonly known as a “moratorium”) to prohibit temporarily the processing and approval of land use
applications that might conflict with the new regulations being studied:
(a) Without following the procedures otherwise required prior to the adoption of a zoning
ordinance, the legislative body of a county, city, including a charter city, or city and
county, to protect the public safety, health, and welfare, may adopt as an urgency
measure an interim ordinance prohibiting any uses that may be in conflict with a
contemplated general plan, specific plan, or zoning proposal that the legislative body,
planning commission or the planning department is considering or studying or intends to
study within a reasonable time. That urgency measure shall require a four-fifths vote of
the legislative body for adoption. The interim ordinance shall be of no further force and
effect 45 days from its date of adoption. After notice pursuant to Section 65090 and
public hearing, the legislative body may extend the interim ordinance for 10 months and
15 days and subsequently extend the interim ordinance for one year. Any extension
shall also require a four-fifths vote for adoption. Not more than two extensions may be
adopted.
As noted above, the draft ADU ordinance is not quite ready for City Council consideration. The City is
aware of at least four (4) ADU applications that may conflict with potential regulations that would
prohibit or impose further restrictions on ADUs/JADUs on these certain narrow and steep streets and
thus may result in impacts on traffic flow and public safety. To provide the time necessary to complete
an adequate and thorough study of possible regulations, staff recommends that the Council adopt the
attached interim urgency ordinance (moratorium) temporarily prohibiting ADUs and JADUs on
properties solely accessed from those roadway segments included on the attached map and list of
restricted streets.
The proposed moratorium ordinance contains urgency findings and must be adopted by a vote of at least
four-fifths (4/5) of the members of the Council. If adopted at this meeting, the ordinance will become
effective immediately, and will expire 45 days from adoption (December 2) unless further extended by
the City Council. If adopted, then, no later November 22, 2021 the City must issue a status report
regarding staff's work on the regulations, pursuant to Government Code Section 65858(d).
FISCAL IMPACT: There is no direct fiscal impact to the City in connection with the action requested in
this report.
OPTIONS:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
1. Adopt the urgency ordinance.
2. Do not adopt the urgency ordinance, and direct staff to return to the City Council with a non-
urgency ordinance conforming with state law once staff’s review is completed.
ATTACHMENTS:
A. Urgency Ordinance
B. Proposed List of Prohibited Streets
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ORDINANCE NO. 2001
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL ESTABLISHING A TEMPORARY MORATORIUM ON
THE ISSUANCE OF ACCESSORY DWELLING UNIT AND JUNIOR
ACCESSORY DWELLING UNIT PERMITS ON PROPERTIES LOCATED
ON CERTAIN HILLSIDE STREETS WITHIN THE CITY OF SAN RAFAEL
AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, DOES ORDAIN AS FOLLOWS:
DIVISION 1. FINDINGS
WHEREAS, the City Council has broad discretion pursuant to Article III, Sections
16 and 59 of the City Charter; California Constitution Article XI, Section 5; and the
general law of the state, including but not limited to the California Planning and Zoning
Law (Gov. Code §§65000 et seq.), to legislate for public purposes and for the general
welfare, including but not limited to matters of public health and safety; and
WHEREAS, the City currently regulates the permitted uses of real property within
the City pursuant to the provisions of its zoning ordinance, codified in San Rafael
Municipal Code Title 14; and
WHEREAS, in 2016 the State of California legislature adopted changes to
Government Code Sections 65852 et seq., related to Accessory Dwelling Units, which
preempted the field of Accessory Dwelling Unit regulation and made the City’s existing
regulations for accessory dwelling units null and void; and
WHEREAS, in 2019 and 2020, the State of California legislature adopted
additional changes and clarifications to Government Code Sections 65852 et seq.
related to Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units
(“JADUs”) and imposed further restrictions limiting the City’s authority over such things
as accessory dwelling unit and junior accessory dwelling unit location standards,
development standards, parking requirements, and review procedures; and
WHEREAS, Government Code Section 65852.2(a)(1)(A) allows local jurisdictions
to designate areas where ADUs and JADUs may be permitted, based on the impact of
ADUs and JADUs on traffic flow and public safety; and
WHEREAS, the City is currently studying the existing and potential impacts of
ADUs and JADUs within the City, and working on drafting an updated zoning ordinance
related to ADUs and JADUs; and
WHEREAS, the City’s Community Development Department is working with the
City’s Fire Department to evaluate the potential need to prohibit or impose additional
requirements on ADUs and JADUs on certain hillside streets that, due to narrow travel
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lanes (<14'), maneuvering difficulty, and/or lack of turnarounds, may result in impacts on
traffic flow and public safety; and
WHEREAS, according to the San Rafael Fire Chief, potential lack of access is an
issue on certain hillside streets with narrow travel lanes; the risks are particularly high
because (1) these hillside residential lots tend to be surrounded by dry, flammable
brush, and (2) there is an existing inability for certain fire safety vehicles to access,
maneuver and turn around, the results of which mean that fire suppression capabilities
are drastically slowed or impeded during fire events; and
WHEREAS, according to the San Rafael Fire Chief, additional development,
density and population in and around the above-described hillside streets may increase
the risk of fire danger due to the potential to add additional improperly parked vehicles
on or near roadways that would further impede public safety vehicle access; and
WHEREAS, in connection with the draft ADU/JADU regulations that City staff are
studying and working on, City Staff prepared a Draft Proposed Prohibited Streets List
setting forth those City streets that are described above (i.e. that are hillside streets with
narrow travel lanes (<14'), maneuvering difficulty, and/or lack of turnaround); and
WHEREAS, City Staff is further reviewing the proposed regulations concerning
ADUs and JADUs on those streets included in the Proposed Prohibited Streets List to
gather information and ensure the proposed regulations conform with state law; and
WHEREAS, the City is aware of at least four ADU applications that may conflict
with potential regulations that would prohibit or impose additional requirements on
ADUs/JADUs on streets included in the Proposed Prohibited Streets List and thus may
result in impacts on traffic flow and public safety; and
WHEREAS, the City anticipates receiving additional ADU and/or JADU
applications that may conflict with potential regulations that would prohibit or impose
additional requirements on ADUs/JADUs on streets included in the Proposed Prohibited
Streets List and thus may result in impacts on traffic flow and public safety; and
WHEREAS, currently the City has no means to prohibit or regulate ADUs or
JADUs on the Proposed Prohibited Streets List, because the City has adopted no
regulations or ordinance to this effect; and
WHEREAS, pursuant to Government Code section 65858, in order to protect the
public health, safety or welfare, the City Council may, by at least a four-fifths (4/5) vote,
adopt an interim urgency ordinance to prohibit uses that may be in conflict with a
contemplated general plan or zoning proposal that the City is studying or intends to
study within a reasonable time; and
WHEREAS, the City Council determines that the permitting and construction of
ADUs and/or JADUs on streets included in the Proposed Prohibited Streets List must be
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further reviewed, studied and possibly prohibited to protect the public against potentially
grave fire risks and negative health, safety and welfare impacts associated with an
increase in development and population in certain hillside areas of the City; and
WHEREAS, the City Council determines that as of the date of the adoption of
this Interim Urgency Ordinance, the City needs to further review and study whether the
permitting and construction of ADUs and JADUs on the Proposed Prohibited Streets
List may result in impacts on traffic flow and access by public safety vehicles and would
reasonably threaten to cause adverse impacts to surrounding neighbors, including
impacts on or related to available emergency response, parking and traffic flow; and
WHEREAS, construction of ADUs/JADUs on streets included in the Proposed
Prohibited Streets List within the City creates an additional current and immediate threat
to the public safety, health, and welfare, in that such operations reasonably threaten to
undermine the overall goals and purposes of the City’s zoning ordinance and the City’s
General plan including General Plan Program LU-2.12D which encourages
ADUs/JADUs except where access difficulties for fire and emergency vehicles pose
risks to public health and safety; and
WHEREAS, for the reasons stated above, the San Rafael City Council wishes to
adopt a temporary moratorium on construction of ADUs/JADUs on the streets included
in the Proposed Prohibited Streets List within the City. The temporary moratorium will
allow the City to (1) review and analyze the City’s ability to impose limitations based on
parking related concerns; (2) consider potential restrictions that may range from
complete prohibition of ADUs/JADUs on these streets to prohibitions only where
adequate parking standards are not met; and (3) research, draft, and adopt appropriate
parking regulations governing ADUs/JADUs within the City; and
WHEREAS, the City Council further finds that this moratorium is a matter of local
and City-wide importance and is not directed towards any particular person or entity that
seeks to permit and construct an ADU or JADU; and
WHEREAS, this ordinance is necessary as an urgency measure to preserve the
public peace, health or safety; and
WHEREAS, the City Council exercises its independent judgment and finds that
this ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment); 15060(c)(3) (the activity is not a project as
defined in Section 15378); and 15061(b)(3), because the activity is covered by the
general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. The proposed ordinance maintains the status quo
and prevents changes in the environment pending the completion of the contemplated
municipal code review. Because there is no possibility that this ordinance may have a
significant adverse effect on the environment, the adoption of this ordinance is exempt
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from CEQA;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY ORDAIN AS FOLLOWS:
DIVISION 2. -- DECLARATION OF MORATORIUM.
1. In accordance with Government Code section 65858, and pursuant to the findings
stated above, the City Council hereby declares:
A. There exists a current and immediate threat to the public health, safety, and
welfare requiring this interim urgency ordinance;
B. This ordinance is necessary for the immediate preservation of the public
peace, health, and safety; and
C. That it is hereby imposing a temporary moratorium for the immediate
preservation of the public health, safety and welfare as set forth below:
2. During the term of this interim urgency ordinance (“moratorium”), no permit for a
proposed ADU and JADU located on property accessed from the streets included in
the Proposed Prohibited Streets List (which List is set forth in subsection 5(C) of this
ordinance) shall be issued.
3. City staff is directed forthwith to (a) review and analyze the state legislation
regarding the state’s reservation to local jurisdictions of the authority to prohibit
ADUs and JADUs in certain locations; (b) consult with the California Department of
Housing and Community Development regarding such reservation of authority; and
(c) continue to study and analyze issues related to ADUs and JADUs being
permitted and constructed on properties accessed from the streets included within
the Proposed Prohibited Streets List, including but not limited to analyzing and
studying the potential impacts of such ADUs and JADUs on the public health safety
and welfare of the community, the fire risks of such ADUs and JADUs being located
within streets on the Prohibited Streets List, and the extent of regulatory controls, if
any, to impose on such ADUs and JADUs.
4. Staff is directed to provide a written report to the City Council at least ten days prior
to the expiration of this ordinance, describing the study conducted of the conditions
that led to the adoption of this ordinance and the measures taken to alleviate any
such conditions, in accordance with state law.
5. For purposes of this temporary moratorium, the following terms shall have the
following meanings:
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A. “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.
B. “Junior Accessory Dwelling Unit” means 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. “Proposed Prohibited Streets List” shall mean the following streets:
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
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DIVISION 3. EXPIRATION
Pursuant to the pertinent provisions of Government Code section 65858, this
interim urgency ordinance shall expire and shall be of no further force and effect forty-
five (45) days from and after the date of its adoption; provided however, that after notice
and public hearing, the City Council may, upon an affirmative vote of at least four-fifths
of its members, extend this interim ordinance as provided in section 65858, for an
additional period of time, not to exceed a total extension period of twenty-two (22)
months and fifteen (15) days.
DIVISION 4. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have adopted
the ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
or phrases are declared invalid.
DIVISION 5. EFFECTIVE DATE OF ORDINANCE.
This ordinance is an urgency ordinance enacted under Government Code
section 65858. This urgency ordinance is effective immediately after approval by a four-
fifths vote of the City Council for a period of 45 days, at which time it will automatically
expire unless extended by the City Council as permitted under the Government Code.
The City Clerk is directed to publish forthwith a copy of this Ordinance, together with the
names of those Councilmembers voting for or against same, in a newspaper of general
circulation published and circulated in the City of San Rafael, County of Marin, State of
California.
Kate Colin, Mayor
ATTEST:
Lindsay Lara, City Clerk
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I, LINDSAY LARA, City Clerk of the City of San Rafael, certify that the foregoing
Ordinance was passed by the City Council of the City of San Rafael, California, by a
vote of at least four-fifths (4/5) of the members thereof, at a regular meeting held on
Monday, the 18th day of October 2021, by the following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
LINDSAY LARA, City Clerk
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
