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Marin County Planning Commission
Major Breakthrough In Protecting Public Safety From County's Proposed Second Unit Regulations
Although there is still work to be done, it is exciting to report that there was a major breakthrough regarding proposed Accessory Dwelling Unit (ADU) regulations at the Marin County Planning Commission hearing on Monday, December 14th.
Thank you so very much to all of you who wrote letters and emails to the County Planning Commission. And thank you to the Planning Commissioners for caring about residents’ welfare. Together we made a difference!
Due to community groups’ and residents’ advocacy (including yours!), the research and information that Sustainable TamAlmonte provided the Planning Commission about other jurisdictions' Accessory Dwelling Unit (ADU) ordinances, and the courage and conscientiousness of the Planning Commissioners, the Commission made major changes to Marin County's proposed Development Code Amendments pertaining to ADUs.
Background about the dangers of the new Accessory Dwelling Unit (ADU) legislation:
Unincorporated Marin, and many other jurisdictions, are updating their Accessory Dwelling Unit (ADU) ordinances to incorporate new State ADU legislation that was enacted in 2019.
There are various advantages to adding an Accessory Dwelling Unit or second unit to a home. For homeowners, the extra unit can provide additional income, support family members such as adult children or aging parents, and house on-site caregivers. In addition, the units may provide additional affordable housing, although this is not guaranteed. When local jurisdictions craft careful Accessory Dwelling Unit ordinances, these second units can fit seamlessly into an established community.
However, by requiring ** "ministerial" review and stripping away local control of land use, local development standards, community engagement, and environmental review related to second units, the new ADU laws went too far.
** “Ministerial” (AKA Over-the-counter) approval streamlines the permit process and eliminates discretionary review, environmental review, and public hearings, thereby stifling public engagement, democracy, high-quality development, and environmental protections.
Most worrisome, is the fact that, if a City or County doesn't take adequate precautions, then the new ADU laws endanger communities in the Wildlands Urban Interface, High Fire Hazard Zones, Very High Fire Hazard Zones, Environmentally Sensitive Areas, and Constrained Areas with unsafe access and evacuation routes. This is because the laws dramatically increase potential housing density and population (potentially more than doubling the population) in these hazardous communities, while reducing or eliminating off-street parking requirements for ADUs, Junior ADUs, and the primary single-family homes. This will lead to streets being overcrowded with parked cars. Dire consequences could result during an emergency when residents are unable to evacuate and fire trucks/paramedics are unable to reach their destinations.
Marin County's previously proposed Development Code amendments regarding Accessory Dwelling Units (ADUs):
Previously, the County's proposed Accessory Dwelling Unit (ADU) regulations would have allowed **ministerial approval of Category 1 ADUs anywhere in Unincorporated Marin and would have allowed ministerial approval of Category 2, 3, and 4 ADUs everywhere in Unincorporated Marin except private streets. This would have offered no real protections for hazardous communities. This is because there are many inadequate and unsafe County-Maintained streets that are narrow, winding, and steep. For safe ingress and egress, all the roadways in a neighborhood must be passable and safe, not just private streets.
At first, the Planning Commission and County Staff sympathized with residents' concerns but didn't think that the County of Marin could legally protect neighborhoods from Category 1 Accessory Dwelling Units (ADUs), based on an assessment by the County's Legal Counsel. However, after **Sustainable TamAlmonte presented them with a list of 6 other jurisdictions that prohibited all categories of Accessory Dwelling Units (ADUs) in hazardous areas, copies of those jurisdictions' ADU ordinances, and the legal basis for why two of those other jurisdictions' legal counsel determined that they could indeed protect public safety, the Planning Commission decided it could do the same.
**For more details about the information that Sustainable TamAlmonte presented to the Planning Commission, please read Sustainable TamAlmonte’s attached letter (dated 12/11/20).
The Marin County Planning Commissioners’ deliberation:
The Planning Commissioners acknowledged the benefits of Accessory Dwelling Units but concluded that public health and safety was more important than increased density.
Commissioner Don Dickenson led the way and stated; “I have to say that after reviewing all the correspondence, particularly from Sustainable TamAlmonte, I think we have to go farther in terms of limiting the location of second units and I am convinced the State law allows us to do that for safety reasons…”
Commissioner Dickenson continued; “Where I have a problem is that right now the protections in the County’s proposals only refer to private roads and in much of the County, particularly in Tam Valley, Almonte, Homestead, Muir Woods Park, and Black Point, the public roads are less than adequate. It’s one thing if someone has a legal lot and is legally entitled to build a house on it, it’s something else, when as a public agency, we’re saying it’s OK to up to double the population in an area that is hazardous…”
“It has long been recognized that probably the greatest environmental hazard to Marin is the wildfire hazard. While I was Planning Director for the City of Mill Valley, we got a special officials tour of the Oakland Hills by the Oakland Fire Department, Councilmembers and Staff. We saw what happened when people were trying to get out of the fire in their cars. The cars burned, the rims melted, the aluminum was rolling down the street. The cars were stuck there and they couldn’t get out…”
“I believe we have a responsibility as public officials, to, where we can, limit increased density in areas with restricted access…”
Commissioner Christina Desser agreed; “I concur with Commissioner Dickenson. In West Marin, there is a lot going on in trying to figure out how to create affordable housing, which I completely support. However, having had to deal with evacuations my whole life in Southern California and in Northern California and having watched the fire burn right across from my home this last time, it is terrifying, absolutely terrifying, if you have ever had to experience trying to get out of the way of a fire…”
Commissioner Desser clarified; “The intention here is to save lives. The intention isn’t some back door into denying affordability and greater diversity economically and every other way in Marin County. I am a huge supporter of affordability and diversity. … I wish to be very, very clear, the intention is to not have a Paradise Fire situation in Marin County, which we could.”
Changes to the proposed Development Code amendments regarding ADUs:
Ultimately, the Commission voted to revise the County's proposed Accessory Dwelling Unit (ADU) regulations. It is necessary to see the new wording in written form to know for certain what the exact changes are. Never-the-less, Sustainable TamAlmonte’s understanding is that the Commission decided to prohibit ministerial approval of all ADUs at properties located on all streets (both private and county-maintained) less than 20 feet wide, which are also located in the Wildlands Urban Interface (WUI) or in a Very High Fire Hazard Severity Zone (VHFHSZ). A homeowner can still apply for an Accessory Dwelling Unit permit at these locations and seek a variance or waiver of the prohibition, which could be granted if it is determined that the ADU would be safe by the local fire district. - These revisions still need to be reviewed by the County’s Legal Counsel.
This is a major shift in the County's stance and a tremendous improvement in safeguarding hazardous communities. Yet, Sustainable TamAlmonte and others are still evaluating whether or not the revisions offer enough protection.
Sustainable TamAlmonte had recommended that the Development Code include a new section entitled; "Restricted Areas for Accessory Dwelling Units". The section would restrict (unless proven safe) Accessory Dwelling Units at properties on roadways less than 24 feet wide and with other inadequacies, which are located in the Wildlands Urban Interface (WUI), High Fire Hazard Zones, Very High Fire Hazard Zones, Environmentally Sensitive Areas, & Constrained Areas. The organization estimated that less than 24 feet wide would not be wide enough for vehicles to be able to park on both sides of the street and still allow a Fire Truck to drive through the middle of the parked vehicles.
Sustainable TamAlmonte had further recommended that a “Waiver Clause” be included, in which an owner may apply for a waiver from the restrictions and the Zoning Administrator, after consultation with the Fire District, would determine whether or not to grant the requested waiver. Sustainable TamAlmonte's proposed language was very similar to the City of Larkspur's adopted ADU ordinance.
**Please read Sustainable TamAlmonte's attached letter for the wording of the new section entitled; “Restricted Areas for Accessory Dwelling Units” that Sustainable TamAlmonte proposed.
In addition, Strawberry Community Leader Bruce Corcoran recently pointed out that the Seminary is in a "High Fire Hazard Zone" but is not in the Wildlands Urban Interface (WUI) or a Very High Fire Hazard Severity Zone (VHFHSZ). Therefore, the Seminary would not be protected by the County's new provisions even though it should be.
After the Marin County Planning Commission revisions are finalized, the proposed Development Code amendments will move to the Marin County Board of Supervisors. So, there is still a little time to iron out the wrinkles in the proposed Accessory Dwelling Unit regulations, provided the Supervisors agree.
Thank you again for taking action. Together we are making a difference!
Please be ready for additional advocacy regarding this issue.