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Update: Protect Neighborhoods In High Fire Zones From County's Proposed Second Unit Regulations
Please scroll down for "TAKE ACTION" recommendations.
On January 26th, the Marin County Board of Supervisors will consider adopting a set of amendments to the Marin County Development Code, which establishes zoning and subdivision regulations in the unincorporated areas of Marin County. The proposed amendments address many topics, including incorporation of the 2019 Accessory Dwelling Unit (ADU) legislation into the development code.
Many residents are very concerned about the proposed Marin County ADU regulations because they endanger communities in the Wildlands Urban Interface (WUI), High Fire Hazard Zones, Very High Fire Hazard Zones, Environmentally Sensitive Areas, and Constrained Areas with unsafe and inadequate access and evacuation routes.
THE STATE'S NEW ACCESSORY DWELLING UNIT LEGISLATION ENACTED IN 2019 (which the proposed Marin County Development Code Amendments incorporate into the development code)
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 State's new ADU laws went too far.
“Ministerial” 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 jurisdiction 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 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.
The Remedy
Yet, the California ADU laws also provide a remedy.
All the new ADU legislation, which was enacted in 2019, has been incorporated into California Government Code § 65852.2 “Land Use: Accessory Dwelling Units”.
Excerpt from Government Code § 65852.2:
"65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria that may include, but are not limited to, the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety”
The remedy allows a jurisdiction to decide where Accessory Dwelling Units may and may not be automatically permitted.
MARIN COUNTY'S PROPOSED DEVELOPMENT CODE AMENDMENTS RE: ACCESSORY DWELLING UNITS (ADUs)
The County has updated its webpage with the latest version of the draft Development Code amendments, and you can now review them here:
(Scroll down to Page III-104 for Marin County Development Code Section 22.32.120 "Residential Accessory Dwelling Units".)
County Staff has divided Accessory Dwelling Units into four categories, each with different standards that apply as indicated in the development code. One Accessory Dwelling Unit (ADU) and one Junior Accessory Dwelling Unit (JADU) are allowed on a lot restricted to single family residential development.
The proposed Marin County Accessory Dwelling Unit (ADU) regulations incorporate the Remedy, referenced above, and prohibit/restrict ADUs in certain hazardous areas with certain conditions.
They prohibit ministerial approval of all categories of ADUs at properties located on roadways 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 the Local Fire Protection District determines that adequate emergency access and evacuation routes will be provided.
Excerpts from the proposed Development Code:
The County Planning Staff has added the following restriction to Category 1, 2, and 3 ADUs:
"If an Accessory Dwelling Unit is to be located on a property in a Wildland Urban Interface Zone or a Very High Fire Hazard Severity Zone, then it must have direct access to a street network with a continuous minimum paved width of at least 20 feet from the property to an an arterial street or highway."
The County Staff has also added the following restriction to Category 2, 3, & 4 ADUs:
"The Accessory Dwelling Unit shall be located outside of any environmentally sensitive areas."
For Category 4 ADUs, the County Planning Staff has also added the following restrictions:
"4. If an Accessory Dwelling Unit is to be located on a property in a Wildland Urban Interface Zone or a Very High Fire Hazard Severity Zone, then the property must have direct vehicle access to a street network with a continuous minimum paved width of at least 20 feet from the property to an arterial street or highway. However, this standard shall not apply when the Marin County Fire Department or the responsible local fire protection district determines that adequate emergency access and evacuation routes will be provided."
"5. The development of the Accessory Dwelling Unit shall comply with all applicable zoning requirements, including Master Plan criteria and discretionary review."
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ASSESSMENT OF THE COUNTY'S PROPOSED ADU REGULATIONS
The Marin County Planning Commission and Planning Manager Jeremy Tejirian deserve much applause for their tremendous diligence. The County’s proposed Accessory Dwelling Unit regulations are greatly improved. However, based on information from Fire Marshall/Division Chief Fred Hilliard, Southern Marin Fire District, and Sheriff Jason Swift, the County’s proposed Accessory Dwelling Unit regulations still endanger communities and still need revision.
RECOMMENDATIONS:
1. Apply protections to properties in "High Fire Hazard Zones" (which are not in the Wildlands Urban Interface (WUI).
Problem:
The proposed County ADU regulations only protect properties within Environmentally Sensitive Areas, the Wildlands Urban Interface (WUI), and Very High Fire Hazard Severity Zones (VHFHSZ).
However, there are communities (E.g. The Seminary) that are in “High Fire Hazard Zones” but are not in the “Wildlands Urban Interface” or “Very High Fire Hazard Severity Zones”. Therefore, these communities are not protected by the County’s regulations, even though they should be.
Solution:
Apply protections to properties in “High Fire Hazard Zones”, in addition to properties in the Wildlands Urban Interface (WUI), “Very High Fire Hazard Severity Zones” (VHFHSZ), and Environmentally Sensitive Areas.
Add “High Fire Hazard Zone” to the proposed Marin County Development Code, Section 22.32.120 “Residential Accessory Dwelling Units", Category 1, 2, 3, & 4 ADUs, as follows (in green):
If an Accessory Dwelling Unit is to be located on a property in a wildlands urban interface zone, a high fire hazard zone, or a very high fire hazard severity zone, then the property must…
2. Prohibit ADUs on properties in High Fire Hazard Zones, Very High Fire Hazard Severity Zones, and the Wildlands Urban Interface, which are adjacent to roadways that are less than 29-feet-wide, unless the Local Fire Protection District determines that conditions are safe.
Problem:
The current proposed County Development Code Amendments pertaining to Accessory Dwelling Units prohibit ministerial approval of ADUs located on properties in the Wildlands Urban Interface (WUI) and Very High Fire Hazard Severity Zones (VHFHSZ), which are adjacent to roadways with a paved width less than 20-feet-wide, unless the local Fire Protection District determines that adequate emergency access and evacuation routes will be provided. This is insufficient.
Solution:
For streets to be safe and passable (after the ADU laws increase housing density, population, & vehicles and decrease or eliminate off-street parking), they must be wide enough for vehicles to park on both sides of the street and still allow enough space for Fire Trucks and emergency vehicles to pass through the middle of the parked vehicles. There also needs to be enough space for firefighters to walk around the fire truck, handle equipment, and fight a fire or attend to other emergencies. This would require streets to be 29-feet-wide.
The requirement of 29-feet-wide was determined from the following information:
- Per Fire Marshall Fred Hilliard, 16-feet-wide of unobstructed paved roadway (exclusive of gutters, curbs, shoulders and parked vehicles) is required for a single, 9 ft & 8 inches wide fire truck to stop and for firemen to open doors, walk around the fire truck, handle equipment, and fight a fire or other emergency;
- Per Sheriff Jason Swift, the width of an average parked vehicle is 6-feet-wide and requires 6-feet-wide paved roadway. Therefore, two average size vehicles parked on either side of a roadway requires 12-feet-wide paved roadway;
- Per Sheriff Swift, the estimated width of two gutters, one on each side of roadway, equals 1-foot-wide.
In summary, 16-feet-wide paved roadway for passage and use of emergency vehicles, plus 12-feet-wide paved roadway for vehicles parked on both sides of the street, plus 1-foot-wide for gutters on both sides of the street, totals 29-feet-wide paved roadway. Therefore, Accessory Dwelling Units should be prohibited on roadways less than 29-feet-wide, unless the local Fire Protection District determines that conditions are safe.
3. Prohibit ADUs on properties in High Fire Hazard Zones, Very High Fire Hazard Severity Zones, and the Wildlands Urban Interface, which are adjacent to roadways with dead-ends longer than 800 feet and cul-de-sacs with diameters less than 68 feet, unless the Local Fire Protection District determines that conditions are safe.
Problem:
Marin County’s proposed Accessory Dwelling Unit (ADU) regulations do not restrict ADUs on hazardous dead-ends and cul-de-sacs.
Per the Marin Community Wildfire Protection Plan, “According to the California Fire Code specifications, roadways that are considered hazardous in terms of fire access and protection are those with:
- Less than 20 feet of unobstructed paved surface and 13.6 vertical feet;
- Dead-ends longer than 800 feet; and
- Cul-de-sac diameter less than 68 feet.”
Solution:
Prohibit Accessory Dwelling Units on dead-ends longer than 800 feet and cul-de-sacs with diameters less than 68 feet, unless the local Fire Protection District determines that conditions to be safe.
4. Prohibit all categories of ADUs in Environmentally Sensitive Areas.
Problem:
The following provision applies to the proposed Marin County Development Code, Section 22.32.120 “Residential Accessory Dwelling Units”, Category 2, 3, & 4 ADUs but does not apply to Category 1 ADUs.
“The Accessory Dwelling Unit shall be located outside of any environmentally sensitive areas.”
Solution:
Add the above protection to the section regarding Category 1 ADUs too.
5. Give the Local Fire Protection District More Discretion.
Problem:
The proposed Development Code pertaining to Category 4 Accessory Dwelling Units currently states:
“However, this standard shall not apply when the Marin County Fire Department or the responsible local fire protection district determines that adequate emergency access and evacuation routes will be provided.”
The main problem with the State’s new Accessory Dwelling Unit legislation is that it allows Accessory Dwelling Units to exceed the Floor Area Ratio (FAR), thereby increasing potential population and vehicle use, and, at the same time, reduces or eliminates sufficient off-street parking, which will result in roadways being overcrowded with parked vehicles.
However, if an ADU were to fit within the FAR and sufficient off-street parking were provided, then the ADU may not contribute to the congestion of the access and evacuation routes. Therefore, we would like to local Fire Protection District to have more discretion to determine whether or not the proposed ADU and related off-street parking would contribute to the inadequacy of the access and evacuation routes, in addition to determining the adequacy of the routes themselves.
Solution:
Revise the proposed Marin County Development Code, Section 22.32.120 “Residential Accessory Dwelling Units”, Category 4, to the following (in green):
However, this standard shall not apply when the Marin County Fire Department or the responsible local fire protection district determines that conditions are safe.
6. Restrict the size of 1-Bedroom ADUs to 800 or 850 Sq. Ft. and Restrict 2-Bedroom ADUs to 1000 Sq. Ft.
Problem:
Marin County’s proposed Accessory Dwelling Unit (ADU) regulations allow Category 3 and 4 ADUs up to 1200 sq. ft. – This is too large and is not required by State law. Smaller ADUs house fewer people with fewer vehicles and, therefore, may have less impact on roadway congestion. Moreover, smaller ADUs tend to be less expensive and, therefore, may provide more affordable housing.
Proposed Marin County Development Code Amendment For Category 3 and 4 ADUs as currently written:
Page III-106: C. Category 3 states; “2. An detached Accessory Dwelling Unit shall not exceed a floor area of 1200 sq. ft.”
Page III-106, D. Category 4 states; “2. A detached Accessory Dwelling Unit shall not exceed a floor area of 1200 sq. ft.”
Requirements of Government Code § 65852.2 Regarding The Size Of ADUs:
As mentioned before, all the new ADU legislation, which was enacted in 2019, has been incorporated into California Government Code § 65852.2 “Land Use: Accessory Dwelling Units”.
For areas where Marin County allows ADUs, CA Gov. Code § 65852.2 only requires a one-bedroom ADU to be at least 800 sq. ft. or 850 sq. ft. and no larger. In addition, Gov. Code § 65852.2 requires a 2-bedroom ADU to be at least 1000 sq. ft. and no larger.
Solution:
As already mentioned, smaller Accessory Dwelling Units (ADUs) house fewer people with fewer vehicles and, therefore, may have less impact on roadway congestion. Moreover, smaller ADUs tend to be less expensive and, therefore, may provide more affordable housing.
Hence, instead of the above quoted Development Code Amendment for Category 3 & 4 ADUs, which allows detached ADUs up to 1200 sq. ft., the County should disallow 1-bedroom ADUs that exceed 800 sq. ft. or 850 sq. ft feet; disallow 2-bedroom ADUs that exceed 1000 sq. ft.; and revise the Marin County Development Code, Section 22.32.120 “Residential Accessory Dwelling Units”, Category 1,2, 3, & 4 ADUs with the following wording (in green):
“The maximum floor area of a one-bedroom Accessory Dwelling Unit shall be 800 sq. ft. for Category 1 & Category 2 ADUs and 850 sq. ft. for Category 3 ADUs. The maximum floor area of a two-bedroom Accessory Dwelling Unit for all Categories of ADUs shall be 1000 sq. ft.”
For more details, please read Sustainable TamAlmonte’s attached letter, dated January 17, 2021, to the Marin County Board of Supervisors regarding the County's proposed Development Code Amendments pertaining to Accessory Dwelling Units (ADUs).
TAKE ACTION!
1. Write:
Please write a letter, or, if you don't have time to compose your own letter, then write a short endorsement of Sustainable TamAlmonte’s letters. Send your comments, letters, emails to the Marin County Board of Supervisors and Planning Manager Jeremy Tejirian:
Jeremy Tejirian, Planning Manager
Marin County Board of Supervisors
3501 Civic Center Drive, Suite #329
San Rafael, CA 94903
JTejirian@marincounty.org
SAMPLE ENDORSEMENT EMAIL/LETTER:
"Dear Marin County Board of Supervisors,
(Tell a story about unsafe roadways in your neighborhood.)
We endorse Sustainable TamAlmonte's letters to you regarding the proposed Marin County Development Code Amendments pertaining to Accessory Dwelling Units (ADUs).
We are very concerned about the County's proposed Accessory Dwelling Unit (ADU) regulations because they endanger communities in the Wildlands Urban Interface, High Fire Hazard Zones, Very High Fire Hazard Zones, Environmentally Sensitive Areas and Constrained Areas with inadequate and unsafe access and evacuation routes.
We urge you to follow Sustainable TamAlmonte recommendations to ensure public safety in the event of a fire or other emergency.
Sincerely,
YOUR NAME"
2. Attend & Speak at the Upcoming Board of Supervisors' Public Hearing:
WHAT: Board of Supervisors' Public Hearing re: Proposed Marin County Development Code Amendments pertaining to ADUs
WHEN: Tuesday, January 26, 2021 at 1:30 PM (We estimate this topic will begin at 2 PM)
WHERE: Join the Zoom meeting by following directions on the Supervisors' hearings webpage at:
https://www.marincounty.org/depts/bs/meeting-archive
Please speak during the Public Comment Period. Either tell a story about unsafe roadways in your neighborhood, or simply say; "Good Afternoon. I am "So & So". I endorse Sustainable TamAlmonte's letters. Please protect neighborhoods in hazardous areas from unsafe Accessory Dwelling Units. Thank you."
3. Read Marin County’s Information About the Proposed Development Code Amendments:
Here is a link to the Proposed Marin County Development Code Amendments webpage:
https://www.marincounty.org/depts/cd/divisions/planning/dev-code-amendments-2020
The webpage includes the draft amendments, staff reports, information about the upcoming Supervisor hearing, and public correspondence
4. Spread the word:
Please share this article with all your contacts.
Thank you in advance for taking action. Together we can make a difference!