Marin County Grand Jury
• 2024-2025
• Agency Response
Response to:
Cyberattacks: A Growing Threat to Marin Government
Build More ADUs- An Rx to Increase Marin's Housing Supply*
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ 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. Response: Agree.
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. Start a continuous monitoring program to update the information to sources as they become available. This recommendation is nonapplicable as the recommendation is aimed directly at the Marin County Community Development Agency's Development Priority Setting Committee. Furthermore, the Town has 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. County of Marin Response to Grand Jury Findings and Recommendations Item 1.3- Attachment 1 County of Marin Response to Grand Jury Report Findings and Recommendations Build More ADUs - An Rx to Increase Marin's Housing Supply (June 15, 2023)
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 the Town of San Anselmo staff provide homeowners inquiring about ADUs, although sometimes information is technical and may be difficult for homeowners to understand. The Town of San Anselmo Building and Planning staff are available to meet with homeowners in person, on the phone, or via Zoom to provide information and respond to questions about ADU development. The Town's Planning Webpage also has a dedicated webpage regarding ADUs. A direct link to the webpage can be accessed here. There is also additional support through the ADUMarin.org website, which was launched in fall 2020 to provide online resources and educational information on financing, planning for, constructing and renting out ADUs. The website also provides ADU regulations for each city and town in Marin County, providing one access point for information on ADUs. The Town has and continues to inform and facilitate the development of ADUs. In fact, the Town had approved 12 building permits for ADUs in 2020, 43 in 2021, 32 in 2022, and 10 permits in 2023 with 12 permits pending.
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. Response: Partially Disagree. While it can be difficult to obtain information about fees because of the lack of uniformity of varying agency websites, the Town disagrees with the use of the word "impossible" as each jurisdiction provides its respective fee schedules available to the public on their respective agency websites. The Town of San Anselmo's current fee schedule is available on the Town's website and easily accessible through a search on the Town's website or an internet search, such as "San Anselmo Fee Schedule". The Town's fee schedule includes information on various fees for a variety of departments including Finance and Administration, Public Works, Library, Building, Item 1.3- Attachment 1 County of Marin Response to Grand Jury Report Findings and Recommendations Build More ADUs - An Rx to Increase Marin's Housing Supply (June 15, 2023) and Planning fees. The Town's fee schedule does not include the Marin Municipal Water District Connection fees, the Ross Valley Sanitary Connection Fees and the school district fees. Additionally, the Town staff is available to provide estimates of the various fees through its digital permit tracking system when provided information regarding the size and improvements. The Town staff is also available to meet with homeowners in person or answer questions over the phone or via email. Lastly, the Town staff acknowledges 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.
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 San Anselmo 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.
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 County of Marin Response to Grand Jury Findings and Recommendations Item 1.3- Attachment 1 County of Marin Response to Grand Jury Report Findings and Recommendations Build More ADUs - An Rx to Increase Marin's Housing Supply (June 15, 2023) 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.
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. That stated, the Town of San Anselmo Town Council adopted Ordinance No. 1172 on December 13, 2022, to comply with all current state laws. County of Marin Response to Grand Jury Findings and Recommendations Item 1.3- Attachment 1 County of Marin Response to Grand Jury Report Findings and Recommendations Build More ADUs - An Rx to Increase Marin's Housing Supply (June 15, 2023)
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). In fact, the Town's Planning and Building departments continue to ministerially approve the legalization of unpermitted ADUs through the building permit process. It is important to note that while amnesty for legalization of existing units could address health and safety issues with existing housing, it may not directly create new housing as many of the unpermitted ADUs are currently being rented.
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. 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.