HomeMy WebLinkAboutOrdinance 2002 (Accessory Dwelling Unit Regulations)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the
Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2002
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
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 15th day of November 2021;
a SUMMARY of Ordinance No. 2002 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed
and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said
City, held on the 6th day of December 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati, & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
7th day of December 2021
City Clerk
Page-1
ORDINANCE NO. 2002
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
WHEREAS, regulations governing accessory dwelling units in the City of San
Rafael are located in the San Rafael Municipal Code (SRMC) Sections 14.16.285
(Accessory Dwelling Units) and 14.16.286 (Junior Accessory Dwelling Units); and
WHEREAS, in 2016 the State of California Legislature, adopted changes to state
law regulating such units effective January 1, 2017, causing the City’s existing regulations
to be deemed null and void and requiring the City to process accessory dwelling unit and
junior accessory dwelling unit applications under state law; and
WHEREAS, in 2019 and 2020, the State of California Legislature adopted
additional changes to accessory dwelling unit and junior accessory dwelling unit
regulations imposing further limitations on a local jurisdiction’s ability to establish location
standards, development standards, parking requirements, review procedures, or
enforcement procedures; and
WHEREAS, there is a need for rental housing, and accessory dwelling units
contribute to providing additional rental housing; and
WHEREAS, providing opportunities for residential property owners to develop
accessory dwelling units contributes to the mix of housing types in San Rafael and
increases opportunities for diversity and inclusion; and
WHEREAS, the amendments effected by this ordinance to the SRMC Title 1
(General Provisions), Title 4 (Fire), Title 12 (Building Regulations), and Title 14 (Zoning
Ordinance) relate to regulations for accessory dwelling units required to implement the
provisions of Section 65852.1 (Accessory Dwelling Units) or Section 65852.2 (Junior
Accessory Dwelling Units) of the California Government Code; and
WHEREAS, on March 23, 2021, the Planning Commission held a duly-noticed
public hearing on the proposed amendments, accepted all public testimony and the written
report of the Community Development Department, and recommended the City Council
approve the amendments; and
WHEREAS, the proposed amendments reviewed by the Planning Commission
included a proposed prohibition of accessory dwelling units and junior accessory dwelling
units on properties accessed solely from certain narrow hillside streets within the City of
San Rafael; and
WHEREAS, after the Planning Commission made its recommendation, on October
18, 2021 the City Council adopted Ordinance No. 2001, an urgency ordinance establishing
a temporary moratorium on issuance of permits for accessory dwelling units and junior
accessory dwelling units on properties accessed solely from certain hillside streets within
the City of San Rafael, in order to further study the proposed permanent regulations and
Page-2
determine whether the prohibition included in the Planning Commission recommendation
was necessary for public safety and permissible under state law; and
WHEREAS, on November 15, 2021 a report pursuant to California Government
Code § 65858(d) on the status of actions following adoption of Ordinance No. 2001 was
included in the staff report accompanying this ordinance in the City Council agenda
packet; and
WHEREAS, on November 15, 2021, the City Council held a duly-noticed public
hearing on the ordinance and accepted all public testimony and the written report of the
Community Development Department, including the report on the status of actions
following adoption of the urgency ordinance; and
WHEREAS, the City Council, pursuant to SRMC section 14.27.060, finds the
amendments in this ordinance consistent in principle with the General Plan, and that the
public health, safety and general welfare are served by adopting the amendments. The
amendments comply with and implement Government Code Sections 65852.1 (Accessory
Dwelling Units) and 65852.2 (Junior Accessory Dwelling Units). The General Plan
Program LU-23a (Zoning Ordinance Amendments) and Policy NH-2a (Zoning Ordinance)
encourage updates to the Zoning Ordinance to maintain a current and consistent
Municipal Code. Additionally, General Plan Programs H-16a (New Second Units) and H-
11b (Junior Second Units) support creation of accessory dwelling units and junior
accessory dwelling units as a method for diversifying housing options and Program H-17c
(Waiver or Reduction of Fees) supports traffic mitigation fee waivers for accessory
dwelling units. The public health, safety and general welfare are served by replacing null
and void regulations in the Municipal Code with regulations complying with state law; and
WHEREAS, adoption of the amendments to Title 1 (General Provisions), Title 4
(Fire), Title 12 (Building Regulations), and Title 14 (Zoning Ordinance) of the SRMC
regulating accessory dwelling units are 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 Government Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Division 1.
Section 1.40.070 of Title 1 of the San Rafael Municipal Code (SRMC) is hereby
amended to read as follows. Additions are shown in underline, and deletions are shown
in strikethrough.
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 dwelling 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,
Page-3
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
Accessory Dwelling Unit. Pursuant to Government Code section 65852.2 subd.
(n), as that section may be amended, a property owner may request delay of
enforcement of a building standard related to an Accessory Dwelling Unit, and
the City shall delay enforcement of said building standard, subject to compliance
with section 17980.12 of the Health and Safety Code if:
A. The Accessory Dwelling Unit was built before January 1, 2020.
B. The Accessory Dwelling Unit was built on or after January 1, 2020, in a local
jurisdiction that, at the time the Accessory Dwelling Unit was built, had a
noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
Division 2.
Subsection 903.2(2) of Subsection 903.2 “Where Required; All Occupancies and
Facilities” of Section 4.08.120 “Amendments to the fire code” of Title 4 of the SRMC is
hereby amended to read as follows. Additions are shown in underline, and deletions are
shown in strikethrough.
4.08.120 - Amendments to the fire code.
[…]
903.2 Where Required; All Occupancies and Facilities.
[…]
2. Newly created, attached, second dwelling units Accessory Dwelling Units
which meet the definition of a substantial remodel.
[…]
Division 3.
Subsection 903.2(2) of Subsection 903.2 “Where Required.” of Section 12.200.020
“Amendments” of Title 12 of the SRMC is amended to read as follows. Additions are
shown in underline, and deletions are shown in strikethrough.
12.200.020 - Amendments.
[…]
903.2 Where Required.
[…]
2. Newly created, attached, second dwelling units Accessory Dwelling Units which
meet the definition of a substantial remodel.
[…]
Page-4
Division 4.
Section 14.03.030 “Definitions” of Title 14 of the SRMC is hereby amended to
add/amend/delete certain definitions as follows. Additions are shown in underline, and
deletions are shown in strikethrough.
14.03.030 - Definitions.
[…]
“Accessory Dwelling Unit” (“ADU”) 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. The ADU 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 ADU also includes the following: an
efficiency unit, a manufactured home, as defined in Section 18007 of the Health
and Safety Code. A Junior Accessory Dwelling Unit is considered an ADU
subject to additional defined standards. An ADU is not considered to exceed the
allowable density for the lot upon which it is located. An ADU is 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 a building permit. See also “Accessory dwelling
unit”.
[…]
“ADU” see definition for “Accessory Dwelling Unit.”
"Caretaker's residence" means an accessory a dwelling unit on the site of a
commercial, industrial, public or semi-public use, occupied by a guard or
caretaker.
[…]
“JADU” see definition for “Junior Accessory Dwelling Unit.”
[…]
"Junior second unit." Junior second unit means an additional, independent
living unit created through the conversion of an existing bedroom in a single-
family dwelling subject to defined standards, as specified in Section
14.16.286 of this title. Junior second units are distinguished from second
dwelling units in that they: (a) must include the conversion of an existing
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)
Page-5
contain either independent or shared bathroom facilities; and (d) are subject to
unique standards that are not applicable to second dwelling units
"Junior Accessory Dwelling Unit” (“JADU") 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 and meets the
additional standards provided in section 14.16.285 C.2.
[…]
"Residential development project" means a project for the construction or
placement of a dwelling unit or a second dwelling unit an 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, 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 second Accessory Dwelling Unit as a household for "transitional
housing" or "supportive housing" as defined under the California Health and
Safety Code.
[…]
Division 5.
Table 14.04.020 of Section 14.04.020 “Land use regulations” of Title 14 of the SRMC is
hereby amended as follows. Additions are shown in underline, and deletions are shown
in strikethrough.
14.04.020 - Land use regulations (R, DR, MR, HR, PD).
[…]
Table 14.04.020
Type of Land Use R DR MR HR PD Additional Use Regulations
Residential Uses
Single-family residential P P P P C
Duplex residential P P P C
Multifamily residential P P C
Accessory Dwelling Unit
(ADU) P P P P P See standards, Section 14.16.285
Junior Accessory Dwelling
Unit (JADU) P P P P P See standards, Section 14.16.285
[…]
Page-6
Second dwelling units (800
square feet in size or less)
P P P P P See standards, Chapter 14.16
Second dwelling units
(greater than 800 square
feet in size or in a separate
building not meeting
required setback or height
requirements)
C C C C C See standards, Chapter 14.16
Junior Second Units P P P P P See standards, Chapter 14.16
[…]
Division 6.
Table 14.04.030 of Section 14.04.030 “Property development standards (R).” of Title 14
of the SRMC is amended as follows. Additions are shown in underline, and deletions
are shown in strikethrough.
14.04.030 - Property development standards (R).
[…]
Table 14.04.030
R2a R1a R20 R10 R7.5 R5 Additional
Standards
Minimum lot
area (sq. ft.)
2 acres 1 acre 20,000 10,000 7,500 5,000/6,000
(corner)
(A)
Minimum lot
width (ft.)
150 150 100 75 60 50/60
(corner)
Minimum
yards
Front (ft.) 20 20 20 20 15 15 (A), (B).
(C)
Side/street
side (ft.)
15 15 12′6″ 10 6 10% of lot
width, min.
3′, max. 5′
(C), (D) (E)
Rear (ft.) 25 25 10 10 10 10
Page-7
R2a R1a R20 R10 R7.5 R5 Additional
Standards
Maximum
height of
structure
(ft.)
30 30 30 30 30 30 (E)(F)
Maximum
lot
coverage
20% 25% 30% 40% 40% 40%
Maximum
upper story
floor size
50%/75
% of lot
coverag
e
calculati
on
50%/75
% of lot
coverag
e
calculati
on
50%/75
% of lot
coverage
calculatio
n
50%/75
% of lot
coverage
calculatio
n
50%/75
% of lot
coverage
calculatio
n
50%/75% of
lot coverage
calculation
(E), (F),
(G), (H)
Private yard
area
NR NR NR NR NR NR
Parking * * * * * * * Based on
use.
See 14.18.
040.
(A) Second dwelling units shall not be added if the lot is less than five thousand (5,000) square
feet. See Section 14.16.300, Small lots.
(B)(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.
(C)(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′).
(D)(C) On a reverse corner lot, the rear twenty feet (20′) of the street side yard shall have a
fifteen-foot (15′) setback.
(E)(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.
(F)(E) In the -EA Combining District, maximum height of seventeen feet (17′) to peak, and one
habitable floor.
(G)(F) For design criteria for upper-story construction, see Section 14.25.050(F)(6), Upper-Story
Additions.
(H)(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.
Page-8
Division 7.
Table 14.05.020 of Section 14.05.020 “Land use regulations” of Title 14 of the SRMC is
amended to insert “Accessory dwelling units” and “Junior accessory dwelling units” after
“Multifamily residential” and before “Animal keeping” under “Residential Uses” as
follows. Additions are shown in underline, and deletions are shown in strikethrough.
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
[…]
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
Animal keeping CZ CZ CZ CZ CZ CZ See Chapter 14.17 standards.
[…]
Division 8.
Table 14.05.022 of Section 14.05.022 “Land use regulations” of Title 14 of the SRMC is
hereby amended as follows. Additions are shown in underline, and deletions are shown
in strikethrough.
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
Page-9
Single-family residential
Duplex residential P P
Multifamily residential
(19) A A(29) A A(20) A A P
Accessory Dwelling Unit
(ADU) (32) P P P P P P P
Junior Accessory
Dwelling Unit (JADU)
(32)
P P P P P P P
Animal Keeping A A A A A A A
[…]
(32) See standards, Section 14.16.285.
Division 9.
Subsection 14.16.020(E)(2)(e) of Section 14.16.020 “Accessory structures” of Title 14 of
the SRMC is hereby amended to read as follows. Additions are shown in underline, and
deletions are shown in strikethrough.
14.16.020 - Accessory structures.
[…]
E. Residential Accessory Structures. The following standards shall apply to
accessory structures in residential districts:
[…]
2. Interior Side and Rear Yard Setbacks.
[…]
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 a second dwelling unit,
unless it complies with the requirements of Section 14.16.285
.f.e. Mechanical equipment shall be subject to additional screening and
setback requirements, as specified in Section 14.16.320.
Division 10.
Subsection B.2. of Section 14.16.240 “Manufactured homes.” of Title 14 of the SRMC is
hereby amended to read as follows. Additions are shown in underline, and deletions are
shown in strikethrough.
Page-10
14.16.240 - Manufactured homes.
[…]
B. Compatibility Standards.
[…]
2. The home is to be used as the principal or second dwelling unit Accessory
Dwelling Unit.
[…]
Division 11.
Section 14.16.285 “Second dwelling units.” of Title 14 of the SRMC is hereby repealed in
its entirety and replaced with the following new section 14.16.285. Additions are shown
in underline, and deletions are shown in strikethrough.
14.16.285 - Second dwelling units.
14.16.285 – Accessory Dwelling Units (ADUs).
A. Purpose. The purposes of the ADU 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 ADUs;
Establish a list of development standards for ADUs; and
Comply with provisions of state law as they relate to the development of
ADUs;
B. Applicability. An ADU as defined in Chapter 14.03 is permitted in any zoning
district that allows the development of single-family or multifamily dwelling
residential uses. ADUs may be permitted on any lot with a legal nonconforming
residential structure. The following are the four types of Accessory Dwelling
Units permitted within the City:
Attached ADU. 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.
An attached ADU also includes an ADU which is proposed to be constructed
concurrently with a proposed primary dwelling unit and which is attached to
or constructed within said primary dwelling unit.
Detached ADU. 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.
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Internal ADU. 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.
4. Junior Accessory Dwelling Unit (“JADU”). As defined in section 14.03.030
“Definitions.”
C. Ministerial Review. A proposed ADU or JADU that complies with the following
Development Standards (subsections C.1 and C.2.), Objective Design
Standards (subsection C.3) and General Standards (subsection C.1.d), shall be
approved ministerially within the time frames established by subsection D of this
section, and shall only be subject to issuance of a building permit. No
discretionary review or public hearing shall be required.
1. Except as permitted by subsection E of this section, Development Standards
applicable to all Accessory Dwelling Units shall be as set forth in Table
14.16.285:
TABLE 14.16.285
Attached
ADU
Detached
ADU
Internal
Conversion
ADU
JADU* 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 (Minimum)
Front Same as
primary
dwelling
Same as
primary
dwelling
N/A
N/A
Side 4 feet 4 feet N/A N/A (A)
Rear 4 feet 4 feet N/A N/A (A)
Front Entry 10 feet
from any
right-of-
way
10 feet
from any
right-of-
way
N/A N/A
Maximum Height 16 feet 16 feet N/A N/A (B), (C)
Page-12
Parking 1 space 1 space None None (D)
Separate independent
entrance required?
Yes Yes Yes Yes
Interior access allowed? No No No Yes
Separate sanitary facility
required
Yes Yes Yes No (E)
Kitchen required
Yes Yes Yes Yes (F)
* See subsection C.2 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:
1. 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.3.b. for
exception to height standard in Eichler-Alliance Overlay District.
(D) Parking see Parking subsection C.5. for exclusions to the parking requirements.
(E) A JADU may include separate sanitary facilities or share sanitary facilities with the primary
residence.
(F) A JADU shall include a kitchen as defined in SRMC Chapter 12.255 “California Residential
Code Amendments”.
2. JADU Additional Standards. In addition to the Development Standards in
Table 14.16.285 and Objective Design Standards in section C.3, a JADU
shall comply with all provisions of this subsection unless expressly indicated
otherwise:
a. Maximum Number per Lot. Not more than one JADU shall be permitted
per legal lot.
b. Rental. A JADU may be rented but shall not be sold or otherwise
conveyed separately from the primary dwelling.
c. Owner-occupancy shall be required in the single-family residence in
which the JADU will be permitted. The owner may reside in either the
remaining portion of the structure or the newly created JADU. Owner-
occupancy shall not be required if the owner is another governmental
agency, land trust, or housing organization.
d. A deed restriction shall be recorded, which shall run with the land, shall
be filed with the permitting agency, and shall include both of the
following:
Page-13
(1) A prohibition on the sale of the JADU separate from the sale of the
single-family residence, including a provision that the deed restriction
may be enforced against future purchasers.
(2) A restriction on the size and attributes of the JADU that conforms
with this subsection.
3. Objective Design Standards. Except as provided in subsection E of this
section (Units Subject to Limited Standards), an ADU shall comply with the
following design standards:
a. Foundation. An accessory dwelling unit shall be constructed on a
permanent foundation.
b. In Eichler Alliance (EA) District, an ADU shall not exceed the height of
the existing residence or a maximum height of seventeen (17) feet,
whichever is less.
4. General Standards. Except as provided in subsection E of this section (Units
Subject to Limited Standards), an ADU shall comply with the following
general standards:
a. Maximum Number per Lot. Not more than one ADU shall be permitted
per legal lot.
b. Rental. An ADU may be rented but shall not be sold or otherwise
conveyed separately from the primary dwelling, except as provided in
California Government Code Section 65852.26, as that section may be
amended.
5. Parking.
a. One parking space shall be provided per ADU except where the
proposed ADU meets any criteria of subsection b. of this subsection.
This parking space may be permitted anywhere on the lot, may be
tandem parking on a driveway, and may be covered or uncovered.
b. No Parking shall be required for the following:
(1) The ADU is located within one-half mile walking distance of public
transit as defined in Government Code 65852.2(j)(9), as that section
may be amended, at the time the application is filed with the
Community Development Department.
(2) The ADU is located within an architecturally and historically significant
historic district.
(3) The ADU is part of the proposed or existing primary residence or an
existing accessory structure.
(4) When on-street parking permits are required but not offered to the
occupant of the ADU.
(5) When there is a car share vehicle located within one block of the
ADU at the time the application is filed with the Department.
Page-14
c. 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.
6. Nonconforming Conditions. The City shall not require, as a condition for
approval of an ADU application, the correction of nonconforming zoning
conditions.
7. Building Code and Housing Code. A new or expanded ADU shall comply
with the Uniform Building Code and Uniform Housing Code in addition to the
requirements of this section.
D. Timeline for Review
1. The City shall act on the ADU 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.
2. If the ADU application is submitted together with a permit application to
create a new single-family dwelling on the lot, the City may delay acting on
the ADU permit application until the City acts on the permit application to
create the new single-family dwelling.
3. When Dependent on Separate Construction. When a proposed Attached
ADU or Detached ADU is dependent on the construction of a new building or
new portion of a building that is not a part of the ADU (“separate
construction”), the City shall either:
a. Accept and begin processing the ADU application only after acting on an
application for the proposed separate construction; or
b. Upon written request from the applicant, review and act on the ADU
together with the separate construction as part of a single application. In
this case the ADU is subject to the same review procedures and
requirements as the separate construction.
4. If the applicant requests a delay in the processing of an ADU application, the
60-day time period set forth in subsection D.1 of this section shall be tolled
for the period of the delay.
5. The City shall be deemed to have acted on the application if the City:
a. Approves a building permit for the ADU; or
b. Denies a building permit for the ADU; or
c. Determines that the ADU does not qualify for ministerial approval.
E. Units Subject to Limited Standards. Without regard to subsections C.1 and C.2
(Development Standards), subsection C.3 (Objective Design Standards) and
subsection C.4 (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 any of the four types of ADUs described below. The below
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categories of ADUs shall not be combined (only one of the four categories of
ADUs shall be approved pursuant to this section, per lot). For each type of
ADU, the City shall require compliance only with the standards in this
subsection:
Internal ADU. One ADU and one JADU as follows:
a. The ADU and JADU are within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or existing
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 JADU complies with the definition in section 14.03.030 of this code
and the requirements of subsection C of this section.
New Construction. One Detached or one Attached, new construction ADU
per lot with an existing single-family dwelling. The ADU may be combined
with a JADU as defined in section 14.03.030 (Junior accessory dwelling
units) and described in subsection C of this section (JADU). The ADU 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.
3. Conversion of Non-Livable Multifamily Space. Multiple ADUs 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 ADU is allowed within an existing multifamily dwelling up to
a maximum of 25 percent of the existing multifamily dwelling units; and
b. Each ADU shall comply with building code standards for dwellings.
4. Detached ADUs on a Multifamily Lot. Not more than two ADUs 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.
5. An ADU permitted under this subsection E shall not be rented for less than
30 days.
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Division 12.
Section 14.16.286 “Junior second units.” of Title 14 of the SRMC is repealed in its
entirety.
Division 13.
Table 14.18.040 of Section 14.18.040 “Parking requirements.” of Title 14 of the SRMC is
hereby amended as follows. Additions are shown in underline, and deletions are shown
in strikethrough.
14.18.040 - Parking requirements.
[…]
Table 14.18.040
Use Classification Off-Street Parking Required
[…]
Second dwelling units:
Studio or one-bedroom unit 1 space.
Two or more bedroom unit 2 spaces.
Accessory dwelling unit (ADU): See Section 14.16.285
[…]
Division 14.
Subsection 14.25.040(A)(2) of Section 14.25.040 “Improvements subject to review.” of
Title 14 of the SRMC is amended to delete subsection (d) in its entirety as follows.
Additions are shown in underline, and deletions are shown in strikethrough.
14.25.040 - Improvements subject to review.
[…]
A. Major Physical Improvements.
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[…]
2. Modifications to existing structures, including, but not limited to:
[…]
d. Second dwelling units, as prescribed by Section 14.16.285.C.9;
[…]
Division 15. Severability.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares it would have passed and adopted this Ordinance and each and all provisions
hereof irrespective of the fact that any one or more of said provisions be declared
invalid.
Division 16. CEQA Determination.
This ordinance is exempt from the requirements of the California Environmental Quality
Act (CEQA) under Public Resources Code Section 21080.17, which provides that CEQA
does not apply to the adoption of an ordinance to implement the provisions of Government
Code Section 65852.2 pertaining to Accessory Dwelling Units.
Division 17. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published, and circulated in the City of
San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If
published in summary form, the summary shall also be published within fifteen (15) days
after the adoption, 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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The foregoing Ordinance No. 2002 was introduced at a Regular Meeting of the City Council
of the City of San Rafael, held on the 15th day of November 2021 and ordered passed to print
by the following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting
of the Council to be held on the 6th day of December 2021.
LINDSAY LARA, City Clerk