“Build More ADUs – An Rx to Increase Marin’s Housing Supply”

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 sources as they become available. The recommendation will not be implemented by the City of Sausalito because it is not warranted or reasonable. The recommendation suggests actions by the Marin County Board of Supervisors and the City of Sausalito has no authority to direct the County Board of Supervisors to take any action.

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 can be made aware of it. This recommendation will not be implemented because it is not warranted. Unpermitted accessory dwelling unit owners can always apply for building permits and other permits to legalize existing units, provided that the unit owner corrects building code violations and zoning code violations related to the unit. However, in addition to this, Government Code section 65852.23 already requires that cities implement the equivalent of an amnesty program for units built prior to January 1, 2018, and denying permits on the basis of violations that do not affect the health and safety of occupants or the public. Additionally, Government Code section 65852.2(n) and Health and Safety Code section 17980.12 already require delays to code enforcement related to unpermitted accessory dwelling units where corrections are not necessary to protect health and safety for units built before 2020. Government Code section 65852.2(d)(2) prohibits the denial of any permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. Accordingly, state law provides many pathways to the permitting of an unpermitted unit as long as code violations that affect health and safety are addressed, and the City does not have a significant inventory of unpermitted accessory dwelling units.

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 within each jurisdiction. This recommendation has not yet been implemented and will be in the future. The Cities and Towns and Marin County have been communicating with the Napa/Sonoma ADU Center over the last several months through the Marin County Housing Collaborative Group, the Housing Working Group (HWG). The HWG is composed 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 DocuSign Envelope ID: BA446C6B-690B-46AF-8959-44C34F5B4948 City of Sausalito Response to Grand Jury Report Findings and Recommendations Build More ADUs – An Rx to Increase Marins Housing Supply (June 15, 2023) Foundation to help fund this effort. It is anticipated that a recommendation for funding and strategy for the merger will be proposed by January 2024.

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. Under current state law, all ADUs under 750 square feet are already exempt from impact fees. Changing connection fees would need to be evaluated by each of the districts that require them.

R5

By December 1, 2023, begin creating plans to accelerate the permit approval process for ADU applications to , 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 reasonable. State law requires that a local agency approve or deny an ADU permit Most applications for ADUs that are complaint with State and Local zoning regulations are subject only to zoning compliance review concurrent with a building permit application, which typically takes no more than 60 days from the date the 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. Increased technical assistance for applicants, such as through a merger with Napa/Sonoma ADU or other mechanisms, means a greater likelihood of complete applications thereby expediting the review process.

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, the City is prohibited by law from providing public funds to facilitate privately-owned development that will not be put to public use or serve a public purpose. This would likely prevent the city from engaging in programs that provide a direct subsidy such as forgivable loans for typical ADU projects. Additionally, the City cannot waive property taxes, which are established under state law.