HomeMy WebLinkAboutPlanning Commission 2015-10-27 #3Community Development Department -Planning Division
P. O. Box 151560, San Rafael, CA 94915-1560
PHONE: (415) 485-3085/FAX: (415) 485-3184
Meeting Date: October 27, 2015
Agenda Item:
Case Numbers: Z015-001
Project Planner: Paul Jensen-415.485.506~
REPORT TO PLANNING COMMISSION
SUBJECT: San Rafael Municipal Code Amendments-Title 14 (Zoning) -Zoning Ordinance
amendments to: a) establish permit provisions and performance standard requirements
for "junior second units"; and b) amend the definition for second dwelling units and the
fire inspection provisions for large family day care homes for children; City of San
Rafael, project proponent; File No(s).: Z015-001
EXECUTIVE SUMMARY
The San Rafael General Plan 2020 Housing Element was updated earlier this year (Housing Element
2015-2023). Housing Element Program H-11 b (Junior Second Units) calls for the City to develop zoning
regulations that would allow "junior second units." Distinguished from a second dwelling unit on a single-
family residential lot, a junior second unit is an independent living space in a single-family dwelling that is
solely created by re-purposing an existing bedroom. A junior second unit includes a food preparation
area and can have an independent bathroom or a bathroom that is shared with the main dwelling unit.
Draft code amendments have been prepared for junior second units , which are summarized in this report
and presented in their entirety in the attached resolution (Exhibit A of Attachment 1). The proposed
junior second unit provisions and standards would implement Housing Element Program H-11 b, which
would facilitate "aging-in-place" and an alternative type of affordable housing.
Please note that two, unrelated code amendments are proposed to accompany the zoning code
amendments for junior second units. These accompanying amendments are described in the Project
Description section of this report. As amendments to Title 14 (Zoning) of the San Rafael Municipal Code
require Planning Commission and City Council review and action, City-initiated code amendments are
often "grouped" for one ordinance action.
RECOMMENDATION
It is recommended that the Planning Commission take the following action:
1. Open public hearing and accept public comment;
2. Discuss and deliberate; and
3. Adopt resolution recommending to City Council adoption of municipal code amendments
BACKGROUND
Second Dwelling Units
In 1983, the City of San Rafael adopted the first ordinance regulating dwelling units. A second dwelling
unit is an independent, separate dwelling unit that is developed on a residential lot containing a single-
family dwelling. Depending upon the size of the lot and the main dwelling unit, a second dwelling unit
can be as large as 1,000 square feet and can be developed from conversion of existing living space, as
an addition to the home, or as a separate accessory structure on the lot. Since 1983, the City has
required special standards for second dwelling units including, among others: 1) additional off-street
REPORT TO PLANNING COMMISSION -Case No:Z016"()01 Page 2
parking for the unit; 2) a minimum residential lot size of 5,000 square feet; and c) a provision that the
owner occupy either the main residence or the second dwelling unit.
Since 1983, approximately 200 second dwelling units have been approved, legalized and/or created on
single-family residential lots in San Rafael (roughly 2% of the single-family residence housing stock with
second units). Second dwelling units have counted toward meeting the City's Regional Housing Need
Allocation (RHNA) mandated by the State of California. While this housing concept has been proven to
be successful in yielding affordable housing, they can be costly to create. The Second Dwelling Units
Progress Report -2009 (Progress Report) prepared by the Community Development Department
reported that the average cost of creating a second dwelling unit (design, permitting, utility connections
and construction) can range from $30,000 to $125,000 per unit (2009 dollars), depending upon the size
and design. As an independent, separate dwelling unit, building and fire codes address these units no
differently than any other housing units, meaning costly measures such as fire sprinklers, noise .
attenuation and separate water and sewer connections are required. Consequently, these measures
often quell or discourage owners from pursuing second dwelling units on their property. Nonetheless,
while the cost for creating a second dwelling unit can be discouraging, the Progress Report found that,
overall, the second dwelling units that are marketed for rent, are generally rented at rates that are
affordable (affordable to very low-to moderate-income households).
Junior Second Units
In January 2015, the City Council adopted Resolution 13863 amending the San Rafael 2020 General
Plan and adopting an update of the Housing Element (Housing Element 2015-2023). The Housing
Element contains many policies and programs supporting a variety of housing types and affordability
levels for the broad demographics in San Rafael. Among the Housing Element policies is HE-11 (House
Sharing), which supports organizations that facilitate house sharing, particularly for the senior population.
Further, Policy H-13 (Senior Housing) encourages "aging-in-place."
During this Housing Element update process, the concept of "junior second units" surfaced, primarily
through the outreach efforts of LilyPad Homes, a locally-based non-profit organization. LilyPad Homes
promoted the concept of re-purposing existing space within a single-family home as an independent
living unit. Unlike a conventional second dwelling unit, a junior second unit is unique in that they: a) are
created solely through the conversion of an existing bedroom within a single-family home (it does not
involve the addition of new building area); b) are smaller in size than a second dwelling unit (220-500
square feet in size); c) contain a small food preparation area (not a full kitchen); and d) contain either an
independent or shared bathroom facility. Junior second units are connected to the main residence by a
door that can be locked/secured, which is much like a double-lock door between two connecting hotel
rooms. The primary goal and purpose of a junior second unit is that it allows the property owner to rent
out the small space or make it available to a caregiver, which is why they are an attractive means of
assisting the owner to remain in their home as they age.
LilyPad Homes worked with the Marin city/town planners to support this concept and a "model" ordinance
was developed to assist the Marin communities in adopting zoning provisions for these units. This
concept was discussed during the City's Housing Element update process and was supported by the
Commission, which resulted in incorporating Program H-11 b (Junior Second Units), which reads as
follows:
"H .. 11b. Junior Second Units. Coordinate with other Marin jurisdictions in evaluating appropriate
zoning regulations to support in the creation of "Junior Second Units" of less than 500 square feet
in size. Such units would be created through the re-purposing of existing space within an existing
single-family dwelling to create a semi-private living situation for a renter or caregiver in
, conjunction with the owner-occupied unit. Junior second units would be required to have exterior
REPORT TO PLANNING COMMISSION -Case No: Z015-001 Page 3
access and meet the US Census definition of a dwelling unit to qualify for credit towards the City's
Regional Housing Needs Allocation (RHNA).'
Project Objective: Adopt standards to facilitate junior second units. Seek to issue
Responsibility:
Time Frame:
Resources:
PROJECT DESCRIPTION
. permits for at least 20 units during the planning period.
Community Development Department
Adopt standards by 2015
Staff Time"
Permit and Performance Standard Regulations for "Junior Second Units"
As directed by Housing Element Program H-11 b, staff has developed new zoning provisions to address
and permit junior second units. The provisions would amend text in several chapters of the San Rafael
Municipal Code, Title 14 (Zoning). The proposed text amendments are presented in attached Exhibit A
of Attachment 1 (draft resolution). A summary of the proposed code amendments is provided as follows:
1. Chapter 14.03 (Definitions). A new definition is propose.d for "junior second unit." The proposed
text is crafted to define a junior second unit as an independent living space that is solely created
by re-purposing or converting of an existing bedroom in a single-family residence (not new or
additional building area). The definition also presents other characteristics that distinguish junior
second units from a conventional second dwelling unit such as size and shared facilities with the
main residence (e.g., an internal connection between units and the potential for sharing a
bathroom).
2. Chapter 14.04 (Residential Districts), Table 14.04.020 (Land Use Regulations [R, DR, MR, HR
and PO Districts]) proposes to add "junior second unit" to the land use table as a "permitted use"
in the R, DR, MR, HR and PO Districts. For this land use type, the table also references the
additional use regulations/standards in Chapter 14.16 (discussed under #3 below).
3. Chapter 14.16 (Site and Use Regulations), new Section 14.16.286 (Junior Second Units) is
proposed to establish specific permit and performance standards provisions for junior second
units. This section immediately follows the separate Section 14.15.285 (Second Dwelling Units),
which addresses the special provisions for second dwelling units. This new section proposes the
following standards for junior second units:
a. A junior second unit would require the approval of a "junior second unit permit." This permit is
proposed to be a "ministerial" action, meaning that if it is determined that the junior second
unit complies with the standards set forth in this section, action on the permit is taken without
further discretion or public notice.
b. A maximum of one junior second unit would be permitted per residential lot containing a
single-family dwelling.
c. Identical to that required for second dwelling units, the standards propose an "owner
occupancy" provision, meaning that the property owner must occupy either the main
residence or the junior second unit. As practiced with second dwelling units, it is
recommended that this provision be memorialized through the recordation of a deed
restriction.
1 The 20 I 0 US Census defines a "housing unit" as a house, an apartment, a mobile home, a group of homes, or a single room
that is occupied as separate living quarters. Separate living quarters are those in which the occupants live and eat separately
from any other persons in the building, and which have direct access from the outside of the building or through a common
hall.
REPORT TO PLANNING COMMISSION -Case No: Z015-001 Page 4
d . A junior second unit would be solely permitted by re-purposing of an existing bedroom and an
area not exceeding 500 square feet.
e . The provisions recommend that the single-family residential lot be a minimum of 5 ,000 square
feet in size (same as required for a second dwelling unit).
f. No additional off-street parking would be required for the junior second unit. However, the
main single-family dwelling unit must meet the current off-street parking standard in effect at
the time the junior second unit is approved.
g . Regarding unit access, a separate exterior entry would be required as well as an interior
connection with the main dwelling unit.
h. The jun ior second unit would not be subject to the same building and fire code provisions for
a separate second dwelling unit. However, the basic fire protection measures such as a
smoke alarm and carbon dioxide (C02) detector would be required .
i. No separate water or sewer connections would be required ..
j . A food preparation area would be limited to a small wet bar-sized sink , small counter area
with cabinets and limited electrical service (max. 120v) for a refrigerator and small cooking
appliance.
The draft provisions would be developed in coordination and assistance with the City Building Division,
Fire Department, San Rafael Sanitation District and Marin Municipal Water District.
Accompanying Minor Zoning Code Amendments
In preparing the draft ordinance for junior second units , staff determined an error in the definition for
"second dwelling units." The current code definition fo r second dwelling units references unit compliance
with defined standards specified in SRMC Section 14 .17.120. This code section is obsolete. Several
years ago , the second dwelling unit provisions were relocated from SRMC Chapter 14.17 (Performance
Standards) to Chapter 14.16 (Site and Use Regulations). The correct referenced code section is
14 .16 .285.
Minor Amendment to Zoning Ordinance Standards for Large Family Day Care Homes
Although unrelated to junior second units , this project proposes an opportunity to group it with an
accompanying amendment to Title 14, which is specific to large family day care homes for children. On
September 15, 2014, the City Council adopted Ordinance 1924 amending the permit and performance
standards requirements for large family day care homes for children. Ordinance 1924 includes a
requirement for fire inspection clearance by the City Fire Department. San Rafael Municipal Code
Sect ion 14 .17.040D.5 prescribes the at the required City fire inspection be conducted prior to the
approval of an Administrative Use Permit for a large family day care home. Through implementing this
ordinance , it was determined that it is more prudent to require the fire inspection to be conducted during
and as part of the Administrative Use Perm it process .
ANALYSIS
Consistency with San Rafael General Plan 2020
As noted above , the San Rafael Genera l Plan 2020 contains policies and programs that strongly
encourage housing alternatives such as second dwelling units , house sharing and the concept of junior
second units. The proposed municipal code amendments would continue to encourage and reinforce
the value and importance of promoting a diverse housing stock in San Rafael. The proposed code
REPORT TO PLANNING COMMISSION -Case No: 2015-001 Page 5
amendments establishing junior second unit permit and performance standards provisions would be
consistent with the following key General Plan 2020 policies:
Housing Element Policy H-1 (Housing Distribution). Promote the distribution of new and
affordable housing of quality construction throughout the City to meet local housing needs.
Addressing local housing need is mandated by State law. State law requires that the local
Housing Element address compliance with the Regional Housing Need Allocation (RHNA). The
RHNA is distributed to a "region" by the State Department of Housing and Community
Development (HCD). For the Bay Area, the RHNA is provided to the Association of Bay Area
Governments (ABAG), and it is the job of ABAG to distribute the Bay Area's RHNA to each local
jurisdiction. The approval and production of second dwelling units can be countered toward
meeting the City's RHNA.
Response: Consistent. Establishing provisions for junior second units would provide an
opportunity to create new and affordable housing throughout the City. Regarding local housing
need, HCD has been consulted regarding junior second units and the ability to count these units
toward meeting the City's RHNA. HCD has reported that a junior second unit can be counted
toward compliance with RHNA when the unit: a) has an independent food preparation area; b)
has an independent bathroom; and c) is designed to have an exterior access. So, if a junior
second unit is designed to share a bathroom with the main single-family residence, it cannot be
counted toward meeting RHNA.
Housing Element Policy H-11 (House Sharing). Support organizations that support house
sharing linking seniors and small households with potential borders to more efficiently use
existing housing stock.
Response: Consistent. The proposed municipal code amendments would support the mission
and efforts of LilyPad Homes and other organizations that support "age-in-place" and affordable
housing. Further, the establishment of junior second unit regulations would promote house
sharing. The Housing Needs Assessment prepared for the Housing Element 2015-2023 reported
that San Rafael has a high percentage of senior citizens and small households continuing to
reside in their single-family residences. Establishing measures to permit junior second units
would facilitate continued residency by seniors for personal and financial support.
Housing Element Policy H-13 (Senior Housing). Encourage housing that meets the needs of
San Rafael's older population, particularly affordable units and affordable care facilities that foster
the aging within the community. Support development that provides housing options so that
seniors can find suitable housing to rent or purchase.
Response: Consistent. Like second dwelling units, it is expected that junior second units
would be rented at affordable housing rates. Further, allowing junior second units provides some
incentive for senior citizens and older residents to maintain occupancy in their home.
Neighborhood Element Policy NH-3 (Housing Mix). Encourage a housing mix with a broad
range of affordability, character and size. In areas with a predominance of rental housing,
encourage ownership units to increase the variety of housing types.
Response: Consistent. The proposed code amendments would establish a new housing type,
which would reinforce "aging-in-place," thus encouraging continued home ownership and
residency. In addition, the proposed code amendments would promote the creation of small,
o affordable housing units.
REPORT TO PLANNING COMMISSION -Case No: Z015-001' Page 6
Safety Element Program S .. 26c (Fire Prevention and Safe Design). Through the development
review process, require review by the Fire Department and Police Department for fire prevention
and safe design.
Response: Consistent. In developing the proposed code amendments, the Fire Department
was consulted. As a result, the proposed code provisions include some basic fire prevention
measures for a junior second unit such as smoke and C02 detectors.
Infrastructure Element Policy 1 .. 3 (Availability of Utilities). Promote the availability of reliable
qnd reasonably-priced utilities necessary for businesses and residences to prosper.
Response: Consistent. As part of the code amendment preparation process, staff consulted
with the representatives of Marin Municipal Water District (MMWD) and the San Rafael Sanitation
District (SRSD). Both ,utility services reported that a junior second unit, as it has been proposed
for definition, would not require a separate or new utility connection. In early November, staff will
be meeting with the Las Gallinas Valley Sanitary District (LGVSD) Board of Directors to present
the junior second unit concept. We are hoping to receive a similar response from LG VSD.
Consistency with Title 14 -Zoning
The proposed municipal code amendments would be consistent and not in conflict with the purposes and
provisions of SRMC Title 14 (Zoning) in that:
1. The proposed municipal code amendments would implement General Plan 2020 Program H-11 b,
which recommends adoption of zoning provisions and regulations for junior second units.
2. The proposed municipal code amendments include safeguards to ensure that junior second units
would not be detrimental to the ,health, safety and welfare of the community. Specifically, the
code amendments are crafted to: a) limit the creation of a junior second unit through the re-
purposing of an existing bedroom only; b) require unit compliance with fire prevention measures;
and c) require exterior access.
3. The proposed municipal code amendments would not compromise or undermine other adopted
municipal code provisions that are critical to maintaining the quality of life in San Rafael. First, the
code amendments are crafted to mirror some of current provisions required for second dwelling
units such as "owner occupancy" and a minimum residential lot size of 5,000 square feet. These
provisions have proven to be safeguards in ensuring that second dwelling units do not create a
"duplex" condition in single-family residential neighborhoods. Second, while no additional off-
street parking is recommended for a junior second unit as it is the re-purposing of an existing
bedroom, the code amendments propose that the main residence must meet the City's off-street
parking requirements in effect at the time the junior second unit is requested.
General Comments
To date, the Town of Tiburon and the City of Novato have adopted ordinances regulating junior second
units. The proposed code amendments are similar to the regulations adopted in Tiburon and Novato.
However, the Town of Tiburon prohibits the use of a junior second unit fora seasonal or short-term rental
(e.g., Airbnb, VRBO). The Town of Tiburon has had a seasonal/short-term residential rental ordinance
in-place for many years, as it has been a target area in the market for short-term or vacation rentals. As
San Rafael does not currently regulate seasonal/short-term residential rentals, so this issue is not
,addressed in the proposed code amendments. Nonetheless, City staff is currently monitoring the short-
term residential rental activity in San Rafael and there has been no policy direction provided to pursue
adoption of a short-term residential'rental ordinance.
REPORT TO PLANNING COMMISSION -Case No: Z015-001 Page 7
ENVIRONMENTAL DETERMINATION
The municipal code amendments do not propose any changes to the City policies or regulations that
would result in a direct or indirect physical , environmental impact. While the code ' amendments propose
amnesty for existing , currently un-permitted fami ly child care homes for children, these homes have been
operating for many years in general compliance with the existing and proposed operational requirements.
For these reasons, the municipal code amendments are covered under the "general rule " that the
California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a
significant effect on the environment pursuant to CEQA Guidelines Section 15061 (b)(3), and are
therefore , not subject to environmental review .
OUTREACH / NEIGHBORHOOD MEETING AND CORRESPONDENCE
Notice of this meeting was mailed to all interested and affected parties 15 days prior to the meeting date.
The proposed code amendments were presented to the Federation of San Rafael Neighborhoods/North
San Rafael Coalition at a monthly City-hosted meeting held in September 2015 . To date , the City has
received correspondence from several organizations and advocacy groups . This correspondence is
attached .
OPTIONS
The Planning Commission has the following options:
1. Recommend adoption of proposed code amendments to the City Council as proposed (staff
recmomendatlon);
2. Continue and direct staff to provide additional information;
3 . Recommend revisions to proposed code amendments ; or
4. Deny proposed municipal code amendments
EXHIBITS
1. Draft resolution recommending to the City Council approval of municipal code amendments
2. Junior second unit information from LilyPad Homes
3. Public Meeting Notice
4. Correspondence received to date
JrSecUnits .PC rpt 102715
ATTACHMENT 1
RESOLUTION NO. 15-
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE
AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 (ZONING), CHAPTERS 14.03
(DEFINITIONS), 14.04 (RESIDENTIAL DISTRICTS), 14.16 (SITE AND USE
REGULATIONS), AND CHAPTER 14.17 (PERFORMANCE STANDARDS) TO:
ESTABLISH USE AND PERFORMANCE STANDARD PROVISIONS FOR JUNIOR
SECOND UNITS; AMEND THE DEFINITION FOR SECOND DWELLING UNIT; AND
AMEND THE FIRE INSPECTION PROVISIONS FOR
LARGE FAMlL Y DAY CARE HOMES FOR CHILDREN
(Z015-001)
WHEREAS, on January 5, 2015, the San Rafael City Council adopted Resolution 13863
amending the San Rafael General Plan 2020 and adopting an update of the Housing Element
(Housing Element 2015-2023); and
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. Among the Housing Element policies is HE-II (House Sharing),
which supports organizations that facilitate house sharing, particularly for the senior population.
Further, Policy H-13 (Senior Housing) enCOurages "aging-in-place." Housing Element Program
H-llb (Junior Second Units) encourages the City to consider adopting regulations for "junior
second units," which are separate living units that are created through the re-purposing of existing
space within a single-family dwelling. The Housing Element directs that junior second unit
provisions and standards be prepared and adopted in 20 15; and
WHEREAS, City staff has coordinated and worked with LilyPad Homes and the other
Marin jurisdictions to develop a model ordinance for junior second units, which is intended to be
used as a base for local application. While the model ordinance was considered, specific use and
performance standards provisions were warranted to address the unique housing conditions in San
Rafael; and
WHEREAS, draft use provisions and performance standards for junior second units have
been prepared for incorporation into San Rafael Municipal Code Title 14 -Zoning. The draft
amendments to Title 14 are presented in attached Exhibit A of this resolution. In brief, provisions
establish a definition for junior second units, which distinguish such units from second dwelling
units. Further, the performance standards include, among others, a limitation on: a) unit size
(maximum 500 square feet); b) unit location (re-purposing of an existing bedroom in a single-
family residence); c) the design of the independent food preparation area; and d) off-street
parking requirements (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 preparing the proposed amendments to Title 14, City staff discovered that
municipal code section reference that is adopted in the text definition for "second dwelling units"
is incorrect. The Zoning Ordinance amendment needed to establish the junior second unit
provisions provided an opportunity to correct the referenced code section; and
WHEREAS, although unrelated to junior second units, an accompanying amendment is
proposed for Title 14, which is specific to large family day care homes for children. On
1
ATTACHMENT 1
September IS , 2014, the City Council adopted Ordinance 1924 amending the permit and
performance standards requirements for large family day care homes for children. Ordinance
1924 includes a requirement for fire inspection clearance by the City Fire Department. San Rafael
Municipal Code Section 14.17.040D.5 pre scribes the at the required City fire inspection be
conducted prior to the approval of an Administrative Use Permit for a large family day care
home. Through implementing this ordinance, it was detennined that it is more prudent to require
the fire inspection to be conducted during and as part of the Administrative Use Permit process.
The Zoning Ordinance amendment action needed to establish junior second unit use and
performance standard provisions provided an opportunity to incorporate this minor amendment to
the fire inspection provisions for large family day care homes for children under SRMC Section
14.17.040; and
WHEREAS, the amendments to the Zoning Ordinance do not propose any changes to
City policies or regulations that would result in a direct or indirect physical , environmental
impact; therefore it has been determined that this amending ordinance is exempt from
environmental review under the California Environmental Quality Act (CEQA) pursuant to the
general rule in CEQA Guidelines Section l5061(bX3) that CEQA applies only to projects which
have the potential for causing a significant effect on the environment; and
WHEREAS, on October 27 , 2015 the Planning Commission held a duly noticed public
hearing on the proposed amendments to the Zoning Ordinance, accepting all public testimony and
the written report of the Department of Community Development.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends
to the City Council adoption of the amendments to the San Rafael Municipal Code Title 14
(Zoning) as outlined in attached "Exhibit A" based on the following findings as required under
SRMC Section 14.27.040:
I. As proposed , the amendments to provisions of the Zoning Ordinance specific to
junior second units and large family day care homes for children are consistent with
the policies and programs of the San Rafael General Plan 2020 in that :
a. Consistent with Housing E lement Policies H-II (House Sharing) and H-13
(Senior Housing), the amendments to create junior second unit use provisions
and performance standards would reinforce "age-in-place" housing for the senior
population and facilitate house sharing, an efficient way to utili ze the City's
existing housing stock.
b. The new provisions would be consistent with Housing Element Policy H-l
(Housing Distribution) and Neighborhood Element Policy NH-3 (Housing Mix)
as they would: 1) permit a new type of housing units to the mix of housing
alternatives in the community; and h) under certain circumstances, permit a new
housing unit that would be counted toward meeting the City 's Regional Housing
Need Allocation (RHNA).
c . As proposed, the amendment would implement Housing Element Program H-Il b
(Junior Second Units), which recommends that standards for junior second units
be adopted in 2015.
d. As proposed , the amendment to change the required timing for conducting a fire
inspection for a large family day care home for children would provide for more
efficient permit processing, which would be consistent with Neighborhood Policy
NH-66 (Childcare).
2
ATTACHMENT!
2. The public health, safety and general welfare are served by adoption of the proposed
Zoning Ordinance amendments, in that they would: a) promote age-in-place housing
for the senior population; b) promote a more efficient use of the existing housing
stock; c) provide for more efficient permit processing for family day care homes for
children; and d) implement policies and programs in the San Rafael General Plan
2020 that encourage periodic update to the Zoning Ordinance to ensure consistency
with the General Plan.
The foregoing resolution was adopted at a regular meeting' of the San Rafael Planning
Commission held on the of , 2015.
Moved by Commissioner ____ and seconded by Commissioner ____ ~
AYES: Commissioners
NOES: Commissioner
ABSENT: Commissioner
SAN RAFAEL PLANNING COMMISSION
ATTEST: __________ _ By: __________ _
Paul A. Jensen, Secretary Barrett Schafer, Chair
ATTACHMENT: EXHiBIT A
JrSecUnits.PC reso 10 2715
3
AtTACHMENTl
EXHffiITA
A. San Rafael Municipal Code Title 14 (Zoning) -Zoning Ordinance Table Amendments.
Table 14.04.020 in Section 14.04.020 (Land use regulations [R, DR, MR, HR., and PD]), is
hereby amended to read, in pertinent part, as follows:
Type of Land Use R
Residential Uses
Junior Second Units £
DR MR DR PD Additional Use
Regulations
See standards,
Chapter 14.16
B. San Rafael Municipal Code Title 14 (Zoning) -Zoning Ordinance Text Amendments.
Title 14,_ Chapters 14.03 (Defmitions), 14.16 (Site and Land Use Regulations) and 14.17
(Performance Standards) are hereby amended to read, in pertinent part or in their entirety:
Add new definition to Chapter 14.03 for junior second unit to read, in its entirety, as follows:
"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
subjectto defined standards, as specified in Section 14.16.286 of this title. Junior second
units are distinguished from second dwelling units in that they are: a) permitted solely
through the conversion of an existing bedroom within a single-family dwelling (no new
or additional building area): b) smaller in size (maximum size of 500 square feet); c)
contain either independent or shared bathroom facilities: and d) subject to unique
standards that are not applicable to second dwelling units.
Amend definition to Chapter 14.03 (Definitions) for second dwelling unit to read, in pertinent
part, as follows:
"Dwelling unit, second." Second dwelling unit means an additional, separate
dwelling unit meeting defined standards, as specified in Section 14.17.12(,) 14.16.285 of
this title, and located on the same lot as a single-family dwelling within a residential
district.
Add new Section 14.16.286 (Junior Second Units) to read, in its entirety, as follows
14.16.286 Junior Second Units
A. Purpose. The purpose of the junior second unit regulations is to
implement specific policies of the housing element of the San Rafael general plan, which:
1. Support the conversion or re-purposing of an existing bedroom
within a single-family dwelling to more efficiently use and expand the existing housing
stock;
2. Promote opportunities for housing sharing, particularly for
support to the age-in-place senior population; and
3. Expand the affordable, rental housing stock.
B. Applicability. Performance standards for junior second units shall
apply in the residential zoning districts.
4
ATTACHMENT 1
C. Ministerial permit required. A junior second unit permit is required to
determine that the unit is in compliance with the provisions of this section. If it is
determined that the junior second unit is in full compliance with the provisions of this
section. the permit shall be issued.
D. Standards.
I. Densitv. A maximum of one junior second unit shall be
permitted per residential lot containing a single-family dwelling. Junior second units are
not required to meet the density requirements of the general plan or zoning ordinance.
2. Rental or lease. A junior second unit shall not be sold separately
from the main single-family residence.
3. Owner occupancy and deed restriction. The property owner shall
occUPY either the main single-family dwelling or the junior second unit. Prior to
obtaining a building permit for the junior second unit. the recordation of a declaration or
agreement of restrictions shall be prepared and recorded with the County of Marin. The
deed restriction provisions of Section 14.16.285C.3 (second dwelling units) of this title
shall apply to junior second units.
4. Location, re-purposing existing living area. A junior second unit
must be created within the existing walls of an existing single-family dwelling and
limited to the conversion of an existing bedroom.
5. Size limitations. A junior second unit shall be a minimum of 220
square feet in size and not exceed 500 square feet in size.
6. Property development standards. No junior second unit shall be
permitted on a lot that is less than five thousand (5,000) square feet in size.
7. Unit access. A separate exterior entry shall be provided to serve
the junior second unit. Interior access between the junior second unit and the main
residence is required, and can be a door equipped with a double lock.
8. Building and fire code requirements. The junior second unit
must meet the following building and fire code requirements:
a. No fire wall separation or noise attenuation measures are
required between the main dwelling and the junior second unit.
b. No fire sprinklers shall be required for the junior second
unit. unless the associated improvements meet the threshold for a "substantial remodel"
as defined by Chapter 4.08 (Fire Code) of the San Rafael Municipal Code.
c. A smoke alarm shall be required in the junior second
unit and shall be connected to the smoke alarms in the main residence.
d. The junior second unit shall be equipped with a C02
detector.
9. Utility service. A separate water connection or meter, and a
separate sewer service connection are not required for a junior second unit. Water and
sewer service for the junior second unit is shared with the main single-family dwelling
unit.
10. Food preparation area. A junior second unit shall include a food
preparation area, requiring and limited to the following components:
a. A sink with a maximum width and dimensions of sixteen
(16) inches and with a maximum waste line diameter or one-and-one-halfC1.5) inches;
b. A cooking facility or other appliance, including a
refrigerator, which does not require electrical service greater than one-hundred-twenty
(120) volts or natural or propane gas; and
c. A food preparation counter and storage cabinets which
do not exceed six (6) feet in length.
5
ATTACHMENT!
11. Off-street parking. No additional off-street parking is required
beyond that required for the main single-family dwelling. The main single-family
dwelling must meet the current off-street parking standard in effect at the time the junior
second unit is approved.
12. Address. A separate street address shall be assigned to the iunior
second unit.
Amend Section 14.17.040 (Family day care home for children, large), sub-section D.5
(Standards required for issuance of an Administrative Use Permit, fire inspection clearance) to
read, in pertinent part, follows:
5. Fire inspection clearance. As required by the State of California for care home
licensing, a fire inspection shall be conducted by the fire department )3fisf te as part of
and issued concurrent with the approval of the administrative use permit.
Irgchldcare.PC reso 6 10 14 (final draft)
6
ATTACHMENT 2
Junior Second Unit Information
from
LilyPad Homes
Lilypad Homes
Secon d U nit Be nefits
Creating a legal second unit on your p roperty can meet these needs :
.:. Rental income
.:. Privacy
.:. House loved ones
.:. House caregivers
.:. Buil d community
.:. Increase hom e value
J unior Sec ond Units
The easiest and least expensive way to create a legal second unit is to convert a
spare bedroom with bath into a Junior Second Un it (JSU), which is defined as:
.:. 150 to 500 square foot space
.:. Private exterior access
.:. Wet bar kitchen
.:. Owner-occupied home
JSUs have much lower fees and typically require no additional parking.
We Ca n Help
Lilypad Homes is a nonprofit organizatio Q that can help you to create the type of
second unit that's appropriate for your needs, your budget, and your p roperty. We
offer a free 45-minute phone consultation to discuss your goals , general permitting
issues, financing options, and income opportunit ies.
Please visit our website at LilypadHomes.org , where you can read about our services,
find out about upcoming classes, and learn about Junior Second Unit status in your
town. Go to Contact Us to request a consultation or sign up for our newsletter.
Ask about ou r JSU pilot prog ra m which offers a discounted price on our services .
www.LilypadHomes.org 415-250-9317 Info@LilypadHomes.org
HAL-~WAY
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PHOTOGRAPHS OF N~T
JUNIOR SECOND U
... ...
ATTACHMENT 3
To allow indivIduals with environmental illness or multiple, chemical sensitivities to attend the meetinglhaaring, individuals are requesfad to refrain from wearing scented products.
NOTICE OF PUBLIC HEARING -PLANNING COMMISSION
You are invited to attend the Planning Commission hearing on the following proposed project:
PROJECT: San Rafael Municipal Code (SRMC) Zoning Code amendments for Junior Second Units and Large Family Day Care
Homes -The San Rafael Planning· Commission will review and consider a recommendation to adopt several text amendments to San Rafael
Municipal Code Title 14 (Zoning Ordinance), specifically to: a) Chapters 14.03 (Definitions), 14.04 (Residential Districts), 14.05 (Land Use
Regulations) and Chapter 14.16 (Site and Use Regulations) establishing new provisions and regulations for "junior second units" in existing
single'family residences; and b) Chapter 14.1 I .(PerlorW,arwe Standards) for a minor change to the ordinance text for large family day care home~.tQf'bhildren; Citywide; Fill;. NO,::i?01!?:OliLJ'';ilnwing Planning Commission review and recommendations, the code amendments will
.. be re.yiev,ied and adion will be taken 6y the City Cpu,neil. .
~EE;TIN",pATEmME/LOCATION: TueSi:lay,.~~~ber 27,. 2015,7:00 p.m. City Council Chambers,1400 Fifth Ave at D St, San Rafael,CA
• • •• ' N., • , " ,." :' ;\~vr,\
F.OR MORE INFORMATION: Contact Paul Jensiin; Project Planner at (415) 485-5064 or paul.jensen@cltyofsanrafael.org. You can also
cdine to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed ordinance. The office is open
from 8:30 a.m. to 5:00 p.m. on Monday and Thursday and 8:30 a.m. to 12:45 p.m. on Tuesday, Wednesday and Friday. You can also view
the staff report after 5:00 p.m. on the Friday before the meeting at hltp:/lwww.cityofsanrafael.org/meetings
WHAT WILL HAPPEN: You can comment on the proposed changes to the San Rafael Municipal Code's Zoning Ordinance. The Planning
Commission will consider all public testimony and decide whether to recommend approval of the proposed ordinance amendments to the City Council .
IF YOU CANNOT ATTEND: You can send a leiter to the Community Development Department, Planning Division, City of San Rafael, P.O.
Box 151560,.5an Rafael, CA 94915-1560. You can also hand deliver it prior to the meeting.
At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above , you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above refere nced public hearing
(Government Code Section 65009 (b) (2».
Judicial review of an admini st rative decision of the City Council must be filed with the Court not later than the 90th day following the date of the Council's decision. (Code of Civil
Procedure Section 1094.6)
Sign Language and interpretation and assistive listening devices may be requested bycaffing (415) 485-3085 (voice) or (415) 4EJ5..3198 (TOO) at feast 72 hours in advance. Copies of
documents are available in accessible formats upon request.
Public transportation to City Half is available through Golden Gate Transit, Line 22 or 23. PBra~transif is available by calling Whist/estop Wheels a.t (415) 454-0964.
To allow individuals with envJronmet'lfai illness or muftjpfe, chemical sens/tiviUes to attend·the meefing/hearing, individuals are requested to refrain from wearing scenfed products.
ATTACHMENT 4
Correspondence Received to Date
BOARD OF OIRECTORS
"''' BRAD SOLLINGER
PuOisher
No~h Bat Business Journal
I;1c~Chelr
PATTY GARBARINO
President
Marin SarMtary SeNies
S~(f/*'Y
GARYT. GI"COMINI
Partner
Han~on Bridget!. Ll.P
Trusurer
CAROL SPINDLER O'HARA, CPA
Shareholder In Charge North Bay
Practice
BurrPilvorM"l'.rlrle.
E"f!Cuwe Committe.
PETERHSU
Sf. V.P. -Ragk:Ml Te&n Lead
Wells Fargo Baflk
ExeculJv~ Commilt~~
PAT KENDALL
Modlcal Group Admlnl.lretor
Kai.", Permanente
E=ulNe Commifl ..
MARY MCEACHRON
CAO &. Ganeral Coo.Int1JI
Bu<k Inm~ut~ 1<>1" Re!learch on Aging
meu/". CommittG~
CRAIG NELSON
C'O
Nels"" Familyof Comp>.nles
Ex.cuIN8 Cornn!Mee
STEVE PAGE
P .... idMl &. Ge_al Manag ...
SQnome Racewey
Ex.""t;"" Commitlu
MARKWOOD
Ch airman Em<llilus
North Bay Leadership Council
DR. RUBENARMIFIANA
P,.sidlll1t
Sonoma Stille UnI"er~ty
SAM BRDONA
Dean. School 01 Busin ••• ard
Leado!rsllip
Dominican llniver.ly of Califomll
MICHAEL COHILL
Reglonol Pr""IMnt
Suiter Health--W""t Bay
DAVID CRANE
Sr. DiroctorGov.rnmont Aflairs &.
Sr. Corporate Couns.1
Autode.k, Inc.
NANCY DOBBS
President &. CEO
KRCB Radio &. Televl.lon
STEVEfALK
CEO Son<>ma MOOa Irwestments
Pr9SSD<!mocra\
BARRY FRIEDMAN
Prosidanl &. CEO
FriO<fman'~ Hom.lmprovemltrlt
RICHARD "DICK" GHILOTTI
Owner &. President
Ghilotli C"",truction
PAUL GIBSON
Ar~ VIc e Pretldenl·NorU)'Ell$t Bay eoo..,
KENT HARVEY
July 16, 2015
Dear Paul Jensen:
NORTH BAY
LEADERSHIP
COUNCIL
I am writing for the North Bay Leadership Council. North Bay Leadership Council is an
employer-led public policy advocacy organization committed to providing leadership in
ways to make the North Bay sustainable, prosperous and innovative. As business and civic
leaders, our goal is to ensure economic health by promoting better education,
infrastructure, and governance to make our region a better place to live and work. We
strongly support efforts to adopt streamlined zoning and reduced fees for Junior Second
Units.
Junior Second Units are a simple, modest and reversible re-purposing of existing space in a
home for a small separate unit. A Junior Second Unit allows for (1) the use of an already-
approved residential use, (2) the expansion in the number of units appropriate for family
members, local employees, and caregivers, and (3) an increase in much needed small (thus
affordable) units across the county. North Bay Leadership Council supports zoning and fee
amendments to encourage this sustainable approach to providing much needed housing for
family members, local employees and older Marin residents.
North Bay Leadership Council understands that staff is considering adopting zoning changes
for Junior Second Units this year. Please include us on the notice list, and let us know when
the Planning Commission hearing is scheduled.
North Bay Leadership Council is joined by the Marin Environmental Housing Collaborative,
Marin Interfaith Council, Marin Organizing Committee, Sustainable Marin, CALM, and
League of Women Voters in support of Junior Second Units. North Bay Leadership Council
~d'~~6~';"'1a~eIRnancr ... omcer successfully advocated for the Junior Second Unit fee reductions in Novatol and we support
M"""~" your efforts to make needed zoning and fee changes. We strongly urge you to adopt a SVP and Business Cent er Man"ll"'"
Calilomia Bank 5. Trust
JORDAN LAViNSKY
Partner
Han$On Brldg"'t LLP
BRETT MARTINEZ
Pr~oidon( &. CEO
Rtdwood Credit Union
LESLIE PERRY
POO".r
Perry. Johl15on. And ... on, Mln.r
5. Moskov.it. LLP
TODDSALNAS
P,.sidont, SonomeCoun(y
St. Jo>sGPh H ... lth System
GUYSENE
Sooior ViC<! p,..ident of M ..... ...,..nt
Solution. and WOlid Wide Sales
Ke)'sighITf!ChIIoIogi".
GARY TENNYSON
C'O
V""healtWFAlKNC
BUDDY WALL
PaMer
Mo~ Adam~ lLP
C/)sim1an Em9rhus
GORDON RADLEY
Rotired PfIl~ident
Skywalk" Properties Ltd LLC.
Board M9mb9r Em,r/fflt
TOM FORSTER
Former Direct()l" of Operati""~
Skywalker Properties Ltd LLC.
CYNTHIA MURRAY
President &. CEO
Junior Second Unit ordinance, and thank you for notifying us about progress on this timely
effort.
Sincerely,
Cynthia Murray
President and CEO
775 Baywood Dr., Suite 101 • Petaluma, CA 94954
707.283.0028. Fax: 707.763.3028 • www.northbayleadership.org
Coalition for a Livable Marin
... to create and maintain vibrant, inclusive, and sustainable communities
September 2, 2015
To: Paul Jensen, Community Development Director
City of San Rafael
1400 5th Avenue
San Rafael, CA 94901
paul.jensen@cityofsanrafael.org
Dear Mr. Jensen:
I am writing in support of the Coalition for a Livable Marin, or CALM. We are a group of
housing and transportation advocates, living and working in Marin. We stand for town
character. We stand for livable places. Our mission is to create and maintain the Vibrant,
inclusive, and sustainable places that make Marin, in combination with its magnificent
open space, such a great place. We strongly support San Rafael's efforts to adopt
streamlined zoning and reduced fees for Junior Second Units.
Junior Second Units are a simple, modest and reverSible re-purposing of existing space
in a home for a small separate unit. A Junior Second Unit allows for 1) the use of
already-approved residential use, 2) the expansion in the number of units appropriate
for family members, local employees, and caregivers, and 3) an increase in much
needed small (thus affordable) units across the county. CALM supports zoning and fee
amendments to encourage this sustainable approach to providing much needed housing
for family members, local employees and older Marin residents.
CALM understands that staff is considering adopting zoning changes for Junior Second
Units this year. Please include us on the notice list, and let us know when the Planning
Commission hearing is scheduled.
CALM is joined by the San Rafael Chamber of Commerce, Marin Environmental Housing
Collaborative, Marin Interfaith CounCil, Marin Organizing Committee, Sustainable Marin,
and League of Women Voters in support of Junior Second Units. CALM successfully
advocated for the Junior Second Unit fee reductions in Novato, and we support your
efforts to make needed zoning and fee changes. We strongly urge you to adopt a Junior
Second Unit ordinance, and thank you for notifying us about progress on this timely
effort.
Sincerely,
;;"-.1. 7( fAJIiJr/J;:-
Joanne Webster
President and CEO
San Rafael Chamber of Commerce
817 Mission Avenue, San Rafael
415-454-4163