HomeMy WebLinkAboutCC Resolution 14054 (Junior Second Units)RESOLUTION NO. 14054
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A TWO-YEAR
PERIOD FOR MONITORING JUNIOR SECOND UNIT ACTIVITY
(ZO15-001)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, the San Rafael General Plan 2020 Housing Element contains many policies
and programs supporting a variety of housing types and affordability levels for the broad
demographics in San Rafael, including Policy HE -11 (House Sharing), which supports
organizations that facilitate house sharing, particularly for the senior population; Policy H-13
(Senior Housing), which encourages "aging -in-place;" and Housing Element Program H-1 lb
(Junior Second Units), which proposes that the City should adopt regulations in 2015 for "junior
second units," general defined as separate living units that are created through the re -purposing of
existing bedroom space within a single-family dwelling; and
WHEREAS, on October 27, 2015 the Planning Commission held a duly noticed public
hearing on proposed amendments to the Zoning Ordinance establishing permit and performance
standard regulations for "junior second units." As part of its deliberation, the Commission
emphasized that the intent of the proposed amendments establishing junior second unit
regulations is to facilitate new affordable housing and promote the ability for senior residents in
the community to age -in-place. It is not the intent of the junior second unit regulations to spur the
development of short-term rentals targeting the tourism market. For this reason, the Planning
Commission discussed the need to monitor the start-ups of junior second units and proceed with a
conservative list of requirements. On a 5-1-1 vote (Commissioner Paul abstained and
Commissioner Wise absent) adopted Resolution 15-18 recommending to the City Council: a)
adoption of the Zoning Ordinance amendments for junior second units; and b) establishment of a
two-year period for monitoring junior second unit activity; and
WHEREAS, on January 4, 2016, the City Council adopted Ordinance No. 1937, which
establishes permit and performance standard regulations for junior second units. The ordinance
incorporates these new provisions into San Rafael Municipal Code Title 14 — Zoning. In brief, the
adopted provisions establish a definition for junior second units that distinguishes such units from
second dwelling units, and establish performance standards including, among others,
requirements for: a) unit size (maximum 500 square feet); b) unit location (re -purposing of an
existing bedroom[s] in a single-family residence); c) the design of the independent food
preparation area; and d) off-street parking (no separate parking required for the junior second unit
provided that the primary residence meets the City's parking requirement in place at the time the
junior second unit is created); and
WHEREAS, in considering the Zoning Ordinance amendments, the City Council
acknowledged and concurred with the Planning Commission's recommendation to monitor junior
second unit activity for a two-year period follow adoption of the ordinance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves and
directs City staff to monitor junior second unit activity for a period of two years commencing on
the effective date of Ordinance No.1937. Approval of this monitoring program is based on the
following findings and subject to the following monitoring conditions:
FINDINGS
1. It is desirable to track and record junior second unit inquiries and start-ups so as to
determine the effectiveness and impacts of the adopted permit and performance standards
on unit start-ups. The performance standards that have been adopted by Ordinance No.
1937 may have an effect on the success of junior second unit start-ups, particularly the
performance standards pertinent to off-street parking.
2. The purpose of establishing provisions for junior second units is to facilitate the creation
of small, affordable living units for the workforce and to encourage senior residents in the
community to age -in-place. It is not the intent of Ordinance No. 1937 to spur the
development of junior second units for short-term rental use. The monitoring is
necessary to track the use of permitted junior second units and to determine, to the extent
feasible, whether such units become attractive for the short-term rental market.
MONITORING CONDITIONS
For the first year following the adoption of the ordinance, the Community Development
Department staff will track and record junior second unit inquiries and start-ups
(approvals). Staff will record inquiries where the junior second unit cannot be proposed
or approved if the parking for the main dwelling unit cannot be brought to current code
standards. At the end of the first calendar year, the Community Development
Department staff will prepare a memorandum to the City Council and Planning
Commission summarizing the monitoring results.
2. For the second year following the adoption of the ordinance, the Community
Development Department staff will continue to track and record junior second unit
inquiries and start-ups (approvals). To the extent feasible and practical, permitted junior
second units will be monitored to determine whether they attract use as or are being
rented for a short-term tenancy. At the end of the second calendar year, the Community
Development Department staff will prepare a memorandum to the City Council and
Planning Commission summarizing the monitoring results. As part of the second -year
monitoring report, it shall be determined whether amendments to Ordinance No. 1937 are
or are not recommended based on the monitoring results.
I, ESTHER C. BEH?NE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was adopted at a regular meeting of the City Council on the 4`h day of January 2016.
AYES: Bushey, Colin and Mayor Phillips
NOES: Gamblin and McCullough
ABSENT: None
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ESTHER C. BEIRNE, City Clerk