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4 Foot Side & Rear Setbacks - United Neighbo

Help Restore Local Setbacks & Support-if-Amended Senate Bill 765

Posted by: Sharon Rushton - April 11, 2021 - 12:50 PM PDT

On Thursday, April 15th, the California Senate Housing Committee will vote on Senate Bill 765 (Stern) "Accessory Dwelling Units: Setbacks", which, if enacted into law, would improve the ability of local governments to regain control of setbacks.

ABOUT SENATE BILL 765

New Accessory Dwelling Unit (ADU) legislation was enacted in 2019 and went into effect in 2020. Before 2020, local governments could determine development standards (E.g. setbacks, parking requirements, height, etc.), Floor Area Ratios (FAR), and lot coverage for Accessory Dwelling Units. However, the new ADU law took away almost all local control of ADUs, which has proven to be not only detrimental but perilous. SB-765 seeks to improve local control of setbacks.

To understand the perils of the new ADU law, please click HERE to read my article entitled; "Protect Neighborhoods in High Fire Zones from Marin County's Proposed Second Unit Regulations". (The County's regulations incorporate the new ADU legislation.)

The recently enacted ADU legislation prohibits a local agency’s accessory dwelling unit ordinance from imposing a setback requirement of more than 4 feet from the side and rear lot lines for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

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This bill would remove the above-described prohibition on a local agency’s accessory dwelling unit ordinance, and would instead provide that the rear and side yard setback requirements for accessory dwelling units may be set by the local agency. The bill would authorize an accessory dwelling unit applicant to submit a request to the local agency for an alternative rear and side yard setback requirement if the local agency’s setback requirements make the building of the accessory dwelling unit infeasible. The bill would prohibit any rear and side yard setback requirements established pursuant to these provisions from being greater than those in effect as of January 1, 2020. The bill would specify that if the local agency did not have an accessory dwelling unit ordinance as of January 1, 2020, the applicable rear and side yard setback requirement is 4 feet.

REASONS TO SUPPORT-IF-AMENDED SENATE BILL 765:

SB-765 is a big step in the right direction but should go further in allowing local governments to determine proper setbacks.

Property setbacks have many benefits both aesthetically and functionally. Setbacks help with:

Senate Bill 765 should be amended, so that the following provisions are eliminated: 1) The provision that prohibits any rear and side yard setback requirements from being greater than those in effect as of January 1, 2020; and 2) The provision that requires rear and side yard setbacks to be limited to 4 feet if the local agency did not have an accessory dwelling unit ordinance as of January 1, 2020.

TAKE ACTION!

Please send emails/letters, call and zoom with legislators & Local representatives to Support-if-Amended Senate Bill 765.

1. Call & email Senators, who are members of the CA State Senate Housing Committee, and urge them to Support-if-Amended SB-765:

Be sure to send emails to the Senators via their Aides when possible. Calls can be made and emails can be sent until April 15th, when the Senate Housing Committee will vote on the bill. If they don't pick up, please leave a message with their answering service. For ideas on what to write, please see Sustainable TamAlmonte's attached letter re: Support-if-Amended SB-765.

Members of the CA State Senate Housing Committee:

Sample Script:

“Hello. My name is ______. I’m calling to urge the Senator to "Support-if-Amended" SB-765. This bill is a big step in the right direction but should go further in allowing local governments to determine proper setbacks. Please ask the Senator to lobby for amendments to the bill that will eliminate the following provisions: 1) The provision that prohibits any rear and side yard setback requirements from being greater than those in effect as of January 1, 2020; and 2) The provision that requires rear and side yard setbacks to be limited to 4 feet if the local agency did not have an accessory dwelling unit ordinance as of January 1, 2020. Thank you."

2. Call and Zoom with your legislators:

Call and Zoom with your State representatives ASAP. Yes, they’ll agree to Zoom with residents.

Marin's State Representatives:

3. Call and email your local representatives:

Call and send similar emails to Marin's local representatives. You can attach your letter to the email. Unincorporated Marin is represented by the Supervisors. Marin's cities are largely represented by the Marin County Council of Mayors and Councilmembers Legislative Committee.

Marin's Local Representatives:

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Thank you in advance for taking action. Together we can make a difference!

4-8-21 Sustainable TamAlmonte's Letter Re: Support-if-Amended SB-765 (pdf 89.03 KB)