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"*

Published: September 06, 2023 6 pages
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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. Town of Ross Response to Grand Jury Report, dated June 15, 2023, titled "Build More ADUs - An Rx to Increase Marin's Housing Supply" 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. (choose one below) This recommendation requires further analysis. The "Development Priority Setting Committee" does not currently exist in the Community Development Agency. Once that committee is identified, additional time will be needed to respond to this item. However, as noted below in R3, the goals of this recommendation could be accomplished through a merger with Napa/Sonoma ADU which is contemplated below.
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. Partially Disagree Response: The statement that "Marin's jurisdictions are not always helpful to homeowners seeking information about ADU development" is not accurate, although sometimes information is technical and may be difficult for a homeowner to understand. There is also additional support - through the ADUMarin.org website.
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 can be made aware of it. (choose one below) 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, notably AB670, allows most units and violations of the code described above would not be 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 that constraint.
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 they include multiple agencies, the word "impossible" is exaggerating the level of difficulty. Most fees are available on local jurisdictions' websites.
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 within each jurisdiction. (choose one below) This recommendation has not 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 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. Town of Ross Response to Grand Jury Report, dated June 15, 2023, titled "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. (choose one below) This recommendation requires further analysis. 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.
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 to , or less, of submission. Implement such plans no later than July 1, 2024. (choose one below) 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 Planning review typically takes between 15 and 30 days from when a complete application is received. Building permit review typically takes between 15 and 30 days from when a complete 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 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 Town of Ross Response to Grand Jury Report, dated June 15, 2023, titled "Build More ADUs - An Rx to Increase Marin's Housing Supply"
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. Response: Partially Disagree Jurisdictions and districts should not charge impact fees for ADUs that are less than 750 square feet per state law. 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 policies to conform with current California ADU laws. Response: Partially Agree It is possible that not every jurisdiction 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.
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 Agree 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
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.