Build More ADUs - An Rx for Increasing 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: Identify available funding/financing information for residents who need help with the cost of building an ADU, 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. Response: This recommendation will not be implemented because it is not warranted or reasonable. The City 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.

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. Response: This recommendation will not be implemented because it is not warranted or reasonable. Amnesty programs typically waive existing violations of a zoning or development code, such as setbacks, height, size, lot coverage or location that have been identified as barriers to development. The ADU state laws allow most illegal units and violations of the code described above to be legalized and permitted. In some cases, the limiting factor to legalizing space for an ADU is the construction cost associated with bringing the unit up to current building and fire codes. Further, an amnesty program would not alleviate such a constraint.

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. Response: This recommendation requires further analysis. 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 Foundation to help fund this effort. It is anticipated that a recommendation for funding and strategy for the merger will be proposed by the County of Marin in January 2024, at which time the City of Mill Valley will consider the opportunity.

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. Response: This recommendation requires further analysis. Under current state law, all ADUs under 750 square feet are already exempt from impact fees. The City has no jurisdiction over any impact fees that districts charge. Changing connection fees would need to be evaluated by each of the utility 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. Response: This recommendation will not be implemented because it is not warranted or reasonable. Recent state legislation has served to streamline the approval process for ADUs. For example, ADU applications must be approved , without a hearing or discretionary review. Cities and counties must permit certain categories of ADUs without applying any local development standards if proposed on a single-family lot. ADUs eligible for this automatic approval include: An ADU or JADU converted from existing space in the home or another structure (e.g. a ٠ garage), so long as the ADU has exterior access and setbacks sufficient for fire safety; A new detached ADU under 800 sq. ft. in size, 16 feet in height, with 4-foot side/rear setbacks Multiple of the above options to create one internal JADU and an internal or detached ADU. . Cities/Counties must generally approve attached or detached ADUs under 1,200 sq. ft. unless they adopt local objective development standards with certain limitations (including but not limited to, no minimum lot size requirement; no requirement for replacement parking when a parking garage is converted into an ADU; no required parking for an ADU created through the conversion of existing space or located within a half-mile walking distance of a bus stop or other public transit; no height limit under 16 feet or side/rear setback requirements over 4 feet; no setback requirements for conversions/replacements of existing legal structures; design standards must be objective and are assessed by staff, not appointed or elected officials.

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. Response: This recommendation requires further analysis. A number of these incentives could be accomplished through a merger with the Napa/Sonoma ADU Center to provide technical assistance or updating the ADUMarin org website to include pre-approved plans, and further identifying loans and other financial incentives. Property tax relief requires State legislation and implementation therefore requires state action that will likely occur after July 1, 2024. RESOLUTION NO. 23-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILL VALLEY AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF MILL VALLEY'S RESPONSE TO THE 2022-2023 MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED "BUILD MORE ADUS - AN RX TO INCREASE MARIN'S HOUSING SUPPLY " THE CITY COUNCIL OF THE CITY OF MILL VALLEY HEREBY FINDS AND RESOLVES AS FOLLOWS: SECTION I. Pursuant to Penal Code section 933, a public agency which receives a Grand Jury Report addressing aspects of the public agency's operations must, within ninety (90) days, provide a written response to the Presiding Judge of the Superior Court, with a copy to the Foreperson of the Grand Jury, responding to the Report's findings and recommendations. SECTION 2. Penal Code Penal Code section 933 specifically requires that the "governing body" of the public agency provide said response and, in order to lawfully comply, the governing body must consider and adopt the response at a noticed public meeting pursuant to the Brown Act. SECTION 3. The City Council of the City of Mill Valley has received and reviewed the Marin County Grand Jury Report, dated June 15, 2023, entitled "Build More ADUs - An Rx to Increase Marin's Housing Supply", and has added the discussion of this report to the September 7, 2023 City Council meeting agenda to consider the City's response. SECTION 4. The City Council approves and authorizes the Mayor to execute the City's response to the Marin County Grand Jury's June 15, 2023 report, entitled "Build More ADUs - An Rx to Increase Marin's Housing Supply", a copy of which is attached hereto and incorporated herein by reference. SECTION 5. The City Clerk is hereby directed to forward the City's response forthwith to the Presiding Judge of the Marin County Superior Court and to the Foreperson of the Marin County Civil Grand Jury. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Mill Valley on the 7th day of September, 2023, by the following vote: AYES: Councilmembers: Joachim, Perrey, Burke, Carmel, Wickham NOES: None. ABSENT: None. ABSTAIN: None. im Wickham Jim Wickham, Mayor ATTE Hannah Politzer, City Clerk/Management Analyst III