Marin County eases rules on ADUs to align with new state laws
MARIN COUNTY – The Marin County Board of Supervisors on Tuesday approved changes to the county's policy regulating accessory dwelling units, or ADUs, that will relax some restrictions, bringing the county in line with state law.
The county consolidated its four existing categories of units down to two, with the first category being ADUs under 800 square feet, which are exempt from local regulation under state law. Height restrictions were loosened, and more units will be allowed on single-family residential properties, among other changes.
The updates were recommended by the county's planning commission in order to conform to recent changes at the state level that are designed to target ADUs as a way to create more housing throughout the state. Further changes were made after an audit in July by the state's Department of Housing and Community Development.
California declared an affordable housing crisis in 2019. Gov. Gavin Newsom signed Assembly Bill 221, AB 916, and Senate Bill 897 into law to increase property owners' ability to utilize the units.
Two ADUs smaller than 800 square feet will be allowed to be built on single-family lots, rather than one, with certain restrictions.
The new ordinance expands the type of units that are exempt under state law by reducing setback requirements, and it increases the height limit from 16 feet to 18 feet.
The ordinance bans short term rentals of junior ADUs, known as JADUs, which are smaller than 500 square feet. It also redefines what constitutes a "kitchenette" by removing language regulating the size of cabinets and sinks.
But the board of supervisors made some changes to the state regulation, including keeping an element that restricts units in areas with sensitive habitat and high fire severity.
Supervisor Stephanie Moulton-Peters said she disagreed with the state's overriding that component and said that local governments should push back.
"I think that's wrong, and I think we need to find other counties to coalition with to get that changed," said Moulton-Peters.
The planning commission held a public hearing on Oct. 10, but two public commenters said they were taken by surprise that the board was taking action on Tuesday and they urged a delay.
Moulton-Peters recommended that future board reports include a section on what public outreach was done to notify stakeholders and others of impending changes to the county code.
The ordinance was approved 4-0, with Supervisor Dennis Rodoni absent. The changes take effect Jan. 18.