Marin County Grand Jury
• 2024-2025
• Agency Response
Response to:
Cyberattacks: A Growing Threat to Marin Government
Town of Corte Madera[PDF]*
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 10 findings
F1
More housing in Marin is needed and ADUs are one solution. Agree. Response:
Related Recommendations (1)
R1
On or before December 31, 2023, the Marin County Board of Supervisors should direct the Community Development Agency's Development Priority Setting Committee to: 1. Identify available funding/financing information for residents who need help with the cost of building an ADU. 2. Transmit the collected information to all the jurisdictions represented on the committee. 3. Start a continuous monitoring program to update the information to sources as they become available. This recommendation will not be implemented by the Town because it is not warranted or reasonable. The Town has no authority to direct the County Board of Supervisors to take any action. We have been informed by the County that they believe that this recommendation requires further analysis because the "Development Priority Setting Committee" does not currently exist in the Community Development Agency. The County has indicated that once that committee is identified, they will need additional time to respond to this item.
F2
Many homeowners lack information and knowledge about ADU development, and Marin's jurisdictions are not always helpful to homeowners seeking information about ADU development. Response: Partially Disagree. The statement that "Marin's jurisdictions are not always helpful to homeowners seeking information about ADU development" is not an accurate reflection of the service Corte Madera staff provide homeowners inquiring about ADUs, although sometimes information is technical and may be difficult for homeowners to understand. The Town has experienced a marked increase in ADU development, especially in the last several years. The Town approved 24 units in 2021 and 17 units in 2022. The Town has also participated in the development of a Countywide website - ADUMarin.org -- with the goal to make an easily accessible source of information related to ADU development for all Marin residents.
Related Recommendations (1)
R2
By December 1, 2023, begin investigation to consider an amnesty program to legalize existing unpermitted second units. Add a marketing communications plan so that citizens are made aware of it. This recommendation will not be implemented because it is not warranted or is not reasonable. Amnesty programs typically waive existing violations of a zoning code, such as setbacks, height, size, and lot coverage that have been identified as barriers to development. The ADU state laws, notably Assembly Bill (AB) 670, have relaxed many of the development standards noted above. As such, violations of a zoning code are generally not a factor in permitting existing, unpermitted accessory dwelling units. In most cases, the limiting factor is costs to bring the unit up to building and fire codes and an amnesty program would not alleviate this constraint. Nonetheless, the Town will begin to conduct research regarding other amnesty programs for ADUs that may have been implemented in other jurisdictions
F3
It is often difficult, if not impossible, for a Marin homeowner to determine the planning, building, connection, capacity, and impact fees associated with developing an ADU in a particular jurisdiction. Partially Disagree. Response: While it can be difficult to obtain information about fees because they include multiple agencies, the word "impossible" is exaggerating the level of difficulty. The Town of Corte Madera's current fee schedule is available on the Town's website. The fee schedule includes information on various fees for a variety of departments including the Planning Division, Building Division, Fire Department, Public Works Department, and other agencies (i.e., Marin Municipal Water District Connection fees and school district fees). Town staff is available to discuss the calculation of the various fees that are charged by the Town for an ADU provided enough project information is provided by the homeowner. Staff is available to meet with homeowners in person or answer questions over the phone or via email. Town staff acknowledge that a homeowner typically cannot determine all ADU fees independently, without consulting with Town staff and other agencies.
Related Recommendations (1)
R3
By December 1, 2023, begin the process of merging and/or collaborating with Napa/Sonoma ADU, and hiring a full-time Marin ADU Program Coordinator. The program coordinator should work with all jurisdictions on the development of ADUs and identify impact and connection fees with each jurisdiction. This recommendation has not yet been implemented. It is anticipated that it will be implemented by January 2024. The cities and towns and Marin County have been communicating with Napa/Sonoma ADU Center over the last several months through the Marin County Housing Collaborative Group, the Housing Work Group (HWG). The HWG is comprised of Planning Directors and staff from the County and all cities and towns in Marin. The County is leading a conversation with the Marin Community Foundation to help fund this effort. It is anticipated that a recommendation for funding and strategy for the merger and the staffing of a program coordinator will be proposed by January 2024. Town of Corte Madera Response to Grand Jury Findings and Recommendations Town of Corte Madera Response to Grand Jury Report Findings and Recommendations "Build More ADUs – an Rx to Increase Marin's Housing Supply"
F4
Many Bay Area cities and counties, for example Napa and Sonoma, have implemented comprehensive websites and related support to help homeowners create ADUs. Response: Agree.
Related Recommendations (1)
R4
By December 1, 2023, begin a feasibility assessment of waiving or significantly lowering impact and connection fees for units smaller than 750 square feet. This recommendation has already been implemented. Consistent with State law, the Town of Corte Madera does not charge any impact fees on ADUs under 750 square feet. The Town waives impact fees (i.e., Street Impact fee) for ADUs that are under 750 square feet. The Town has no jurisdiction over any impact fees that districts charge.
F5
ADUs may be rented affordably and provide additional benefits for older adults and their caregivers. Response: Agree. Town of Corte Madera Response to Grand Jury Report Findings and Recommendations "Build More ADUs – an Rx to Increase Marin's Housing Supply"
Related Recommendations (1)
R5
By December 1, 2023, begin creating plans to accelerate the permit approval process for ADU applications , or less, of submission. Implement such plans no later than July 1, 2024. This recommendation will not be implemented because it is not warranted or is not reasonable. State law requires that a local agency approve or deny an ADU permit Most applications for ADUs are only required to obtain a building permit. Building permit review typically takes approximately 60 days from when an application is received. Because this review includes multiple agencies, reducing review to is not feasible. However, much of the delay currently is due to incomplete applications or delayed resubmittal from the applicant. Increased technical assistance for applicants, such as through a merger with Napa/Sonoma ADU or other mechanism, means a greater-likelihood of complete applications thereby expediting the review process.
F6
Most Marin jurisdictions could provide better resources offering or identifying financing incentives for ADU development. Response: Agree.
Related Recommendations (1)
R6
By December 1, 2023, begin feasibility assessments of new incentives for ADU development, such as pre-approved plans, technical assistance, property tax relief, development fee waivers, and forgivable loans; implement at least one such incentive no later than July 1, 2024. This recommendation requires further analysis. A number of these incentives could be accomplished through a merger with the Napa/Sonoma ADU Center, including pre-approved plans, technical assistance and exploring loans and other financial incentives. However, property tax relief would require State legislation and implementation will take longer than July 1, 2024. Town of Corte Madera Response to Grand Jury Findings and Recommendations
F7
Impact, connection, and capacity fees vary considerably throughout the County and such fees can be a disincentive to homeowners considering ADU development. Partially Disagree. Response: State law prohibits cities and special districts from charging impact fees for ADUs that are less than 750 square feet per state law. All Town staff involved in permitting ADUs are aware of this restriction. Connection and capacity fees vary by jurisdiction and/or utility district.
No recommendations for this finding
F8
Not every jurisdiction in Marin has updated its planning and building code policies to confirm with current California ADU laws. Response: Partially Disagree. It is possible that not every jurisdiction in Marin has updated its planning and building policies; however, state law supersedes local ordinances, so that even if the local ordinance has not been updated, the State law is in effect. The Town has updated its ADU ordinance in 2016 and 2020 but has not yet updated its ADU Ordinance consistent with the most recent set of changes to state legislation; however, Planning staff provides information on state law to homeowners and architects in instances when the standards in the Town's ordinance do not comply with state law.
No recommendations for this finding
F9
Granting amnesty, following safety inspection, to existing non-conforming second units could help Marin meet its housing obligations. Response: Partially Disagree. The County and other cities and towns previously included amnesty programs to encourage legalization of existing unpermitted ADUs by providing relaxed standards. However, given the permissiveness and flexibility of state law, granting amnesty may not be necessary as barriers are not related to planning and building requirements (see the response to Grand Jury recommendation R2). Furthermore, amnesty for legalization of existing units could address health and safety issues with existing housing but may not directly create new housing.
No recommendations for this finding
F10
ADU Marin and HelloADU are a good start. However, compared to several other Bay Area cities and counties, for example Napa and Sonoma, they could be substantially enhanced and expanded. Response: Agree. Town of Corte Madera Response to Grand Jury Findings and Recommendations Town of Corte Madera Response to Grand Jury Report Findings and Recommendations "Build More ADUs – an Rx to Increase Marin's Housing Supply" RESPONSE TO GRAND JURY RECOMMENDATIONS The Marin County Civil Grand Jury recommends the following:
No recommendations for this finding
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.