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Home My WebLink AboutCD Accessory Dwelling Unit Regulations PPTAccessory Dwelling Unit Regulations An Ordinance Amending the San Rafael Municipal Code, and Report Issued Pursuant to Government Code §65858(d) San Rafael City Council November 15, 2021 •Definitions •Planning Commission Review •Urgency Ordinance No. 2001 •Ordinance Amending SRMC –ADU Regulations San Rafael City Council November 15, 2021 Tonight’s Presentation 2 San Rafael City Council November 15, 2021 Accessory Dwelling Unit –ADU (ADUs) •Is an attached or detached dwelling unit on a lot with a proposed or existing primary dwelling. •Includes complete independent living facilities -permanent provisions for living, sleeping, eating, cooking, and sanitation. •Considered a residential use consistent with general plan and zoning for the lot. Does not exceed allowable residential density. •Includes manufactured homes. 3 San Rafael City Council November 15, 2021 Junior Accessory Dwelling Unit –JADU (JADUs) •Is considered an ADU, subject to the following: •500 square feet maximum, entirely within the primary dwelling. •May be rented but not be sold separately. •Owner must reside in either the primary dwelling or JADU. •Deed restriction recorded describing size and attributes and prohibiting separate sale. 4 San Rafael City Council November 15, 2021 Other Definitions San Rafael Municipal Code (SRMC) •Title 14 –ZONING. Regulates use of land •14.16.285 -JADUs/ADUs California Department of Housing and Community Development (HCD) •State department reviews local JADU/ADU regulations •City must submit adopted ordinance •HCD reviews against state law 5 State Legislation –JADUs & ADUs 2016 SB 1069, AB 2406, AB 2299 San Rafael City Council November 15, 2021 •Reduce barriers and streamline approval to increase production •Expand available locations 2019 SB 13, AB 68, AB 881, AB 587, AB 670, AB 671 2020 AB 3182 2021 AB 345 6 Planning Commission Action: •Held duly noticed public hearing, received all comments •Unanimously recommended adoption San Rafael City Council November 15, 2021 Since Planning Commission Review: •Removed –JADU/ADU Prohibition for certain hillside streets. •Removed -Discretionary Process for deviating from standards. •Added -Government agency, land trust, housing organization can sell ADU separate from primary dwelling (AB 345, 2021) March 23, 2021 7 Urgency Ordinance No. 2001 October 18, 2021 San Rafael City Council November 15, 2021 Actions Following Urgency Ordinance: •Reviewed Parking Box Program and fire safety access •Evaluated ADU permitting requirements in state law •Reviewed other jurisdictions •Discussed with State representatives •45-day moratorium on JADU/ADU permits •Established to complete safety access study on hillside streets •Report of actions taken required by Gov. Code §65858(d) 8 Urgency Ordinance 2001 -Conclusion San Rafael City Council November 15, 2021 •On-street parking issues addressed by Parking Box Program •Eliminates on-street parking in hillside areas where roadway widths narrow Additionally •On-site parking required for attached and detached ADUs on properties outside of 1/2 mile walking distance to public transit 9 Proposed JADU/ADU Regulations Amendments to SRMC 3. City Council should take a strong, unified pro- housing stance to manage community opposition to new housing. Section Amendments Title 1: General Provisions SRMC Section 1.40.070 •Owner can request delay of enforcement to bring ADU compliant with a building standard Title 4: Fire •ADU term update only Title 12: Building Regulations •ADU term update only Title 14: Zoning Ordinance •Use and Development Standard Charts updated •Replaces Chapter 14.16.285 –ADUs San Rafael City Council November 15, 2021 11 San Rafael City Council November 15, 2021 Number of J/ADUs Allowed One JADU + One ADU with the primary residence: •JADU –Contained completely within primary dwelling •ADU can be: •Internal •Attached •Detached Single Family Zoned Lots Allowed in areas zoned for single-family or multifamily dwelling residential uses 12 San Rafael City Council November 15, 2021 Non-Livable Space Conversion •At least one ADU allowed, up to 25- percent of existing units OR •Detached ADUs –2 maximum •16-feet height max •Minimum rear + side setbacks 4-feet •Cannot be rented for less than 30-days Number of J/ADUs Allowed Multi-Family Zoned Lots Allowed in areas zoned for single-family or multifamily dwelling residential uses 13 San Rafael City Council November 15, 2021 State Law –Tenure & Sale •Owner occupancy not required for units permitted January 1, 2020 -January 1, 2025 •If owner is governmental agency, land trust, housing organization, ADU can be sold separate from primary dwelling 14 Development Standards (Table 14.16.285) 3. City Council should take a strong, unified pro- housing stance to manage community opposition to new housing. San Rafael City Council November 15, 2021 15 San Rafael City Council November 15, 2021 Development Standards (Table 14.16.285) -continued 16 San Rafael City Council November 15, 2021 * * Eichler Alliance District –limited to height of existing residence or 17 feet, which ever is less Development Standards (Table 14.16.285) -continued 17 Parking One parking space shall be provided per ADU except: •Located within one-half mile walking distance of public transit, •Located within a historic district, •Part of proposed or existing primary residence or existing accessory structure, •On-street parking permits are required but not offered to the ADU, •When there is a car share vehicle located within one block, •When a garage, carport, or covered parking structure is demolished in conjunction with the constructions of an ADU or converted to an ADU, those off-street parking spaces need not be replaced. San Rafael Planning Commission November 15, 2021 18 Recommendation Pass to print an Ordinance of the City of San Rafael Amending Title 1 (General Provisions), Title 4 (Fire), Title 12 (Building Regulations), and Title 14 (Zoning Ordinance) of the San Rafael Municipal Code Related to Regulations for Accessory Dwelling Units. San Rafael City Council November 15, 2021 Questions 19 Accessory Dwelling Unit Regulations An Ordinance Amending the San Rafael Municipal Code, and Report Issued Pursuant to Government Code §65858(d) San Rafael City Council November 15, 2021 Environmental Review 3. City Council should take a strong, unified pro- housing stance to manage community opposition to new housing. Consideration and adoption of the ordinance is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resource Code 21080.17 providing that CEQA does not apply to the adoption of an ordinance implementing the provisions of Section 65852.1 (Accessory Dwelling Units) or Section 65852.2 (Junior Accessory Dwelling Units) of the California State Government Code. San Rafael City Council September 8, 2020 Increase in completed ADUs/JADUs following state legislation prices if poorly designed San Rafael City Council November 15, 2021 *Year 2021 includes permits finaled through October 5th Change in state laws effective 1/1/2017 1 5 3 4 4 21 6 33 1 2 2 21 17 22 19* ADU/JADU Permits Finaled 2004 –Oct 2021 San Rafael City Council November 15, 2021 Timeframe # of Years ADU/JADU Permits Finaled 2004 –2016 13 years 35 2017 –10/5/2021 <5 years 81