Purpose. The purposes of the ADU regulations are to:

Implement policies of the housing element of the San Rafael general plan encouraging the provision of accessory dwelling units as a source of affordable housing;

Applicability. An ADU as defined in Chapter 14.03 is permitted in any zoning district that allows the development of single-family or multifamily dwelling residential uses. ADUs may be permitted on any lot with a legal nonconforming residential structure. See exceptions in Section 14.16.282.C.1.f for limitations on parcels created by an urban lot split (Chapter 15.155). The following are the four (4) types of accessory dwelling units permitted within the city:

Attached ADU. An accessory dwelling unit that shares at least one (1) common wall with an existing primary dwelling and is not fully contained within the existing space of the primary dwelling or an accessory structure. An attached ADU also includes an ADU which is proposed to be constructed concurrently with a proposed primary dwelling unit and which is attached to or constructed within said primary dwelling unit.

Detached ADU. An accessory dwelling unit that does not share a common wall with the existing or proposed primary dwelling and is not fully contained within the existing space of an accessory structure.

Internal ADU. An accessory dwelling unit that is fully contained within the existing space of an existing primary dwelling or contained within the existing space of an existing accessory structure.

Junior accessory dwelling unit ("JADU"). As defined in section 14.03.030 "definitions."

Ministerial Review. A proposed ADU or JADU that complies with the following development standards (subsections C.1 and C.2.), objective design standards (subsection C.3) and general standards (subsection C.1.d), shall be approved ministerially within the time frames established by subsection D of this section, and shall only be subject to issuance of a building permit. No discretionary review or public hearing shall be required.

Except as permitted by subsection E of this section, development standards applicable to all accessory dwelling units shall be as set forth in Table 14.16.285:

| --- | | | Attached ADU | Detached ADU | Internal Conversion ADU | JADU\* | NOTES | | --- | --- | --- | --- | --- | --- | | Minimum Floor Area | 150 square feet | 150 square feet | 150 square feet | 150 square feet | | | Maximum Floor Area | 1,000 sq. ft. or 50% of the floor area of an existing primary dwelling unit, whichever is less | 1,000 square feet | N/A | 500 square Feet | | | Lot Coverage Limits | None | None | None | None | | | Setbacks | (Minimum) | | | | | | | | Front | Same as primary dwelling | Same as primary dwelling | N/A | N/A | | | | Side | 4 feet | 4 feet | N/A | N/A | (A) | | | Rear | 4 feet | 4 feet | N/A | N/A | (A) | | | Front Entry | 10 feet from any right-of-way | 10 feet from any right-of-way | N/A | N/A | | | Maximum Height | 16 feet | 16 feet | N/A | N/A | (B), (C) | | Parking | 1 space | 1 space | None | None | (D) | | Separate independent entrance required? | Yes | Yes | Yes | Yes | | | Interior access allowed? | No | No | No | Yes | | | Separate sanitary facility required | Yes | Yes | Yes | No | (E) | | Kitchen required | Yes | Yes | Yes | Yes | (F) |

;note; \* See subsection C.2 for additional requirements for junior accessory dwelling units

(A) Decks, balconies and platforms greater than twelve (12″) attached to or associated with a detached or attached accessory dwelling unit shall be located at least four feet (4′)from a rear or side property line.

(B) Height measurement shall be as defined by SRMC Section 14.03.030 except as follows:

1. Height measurement shall exclude flagpoles not exceeding a height of twenty-four feet (24′), aboveground utility distribution facilities including communications towers and public water tanks, windmills, monuments, mechanical appurtenances, satellite dishes in multifamily and nonresidential districts and architectural features such as screening for mechanical equipment, chimneys, steeples and cupolas.

(C) EA-overlay district exception to height standard: See Section 14.16.285.C.3.b. for exception to height standard in Eichler-Alliance Overlay District.

(D) Parking see parking subsection C.5. for exclusions to the parking requirements.

(E) A JADU may include separate sanitary facilities or share sanitary facilities with the primary residence.

(F) A JADU shall include a kitchen as defined in SRMC Chapter 12.255 "California Residential Code Amendments".

JADU Additional Standards. In addition to the development standards in Table 14.16.285 and objective design standards in section C.3, a JADU shall comply with all provisions of this subsection unless expressly indicated otherwise:

Maximum Number per Lot. Not more than one (1) JADU shall be permitted per legal lot.

Rental. A JADU may be rented but shall not be sold or otherwise conveyed separately from the primary dwelling.

Owner-occupancy shall be required in the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

A deed restriction shall be recorded, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:

A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a provision that the deed restriction may be enforced against future purchasers.

Objective Design Standards. Except as provided in subsection E of this section (units subject to limited standards), an ADU shall comply with the following design standards:

Foundation. An accessory dwelling unit shall be constructed on a permanent foundation.

In Eichler Alliance (EA) district, an ADU shall not exceed the height of the existing residence or a maximum height of seventeen (17) feet, whichever is less.

General Standards. Except as provided in subsection E of this section (units subject to limited standards), an ADU shall comply with the following general standards:

Maximum Number per Lot. Not more than one (1) ADU shall be permitted per legal lot.

Rental. An ADU may be rented but shall not be sold or otherwise conveyed separately from the primary dwelling, except as provided in California Government Code Section 65852.26, as that section may be amended.

One (1) parking space shall be provided per ADU except where the proposed ADU meets any criteria of subsection b. of this subsection. This parking space may be permitted anywhere on the lot, may be tandem parking on a driveway, and may be covered or uncovered.

The ADU is located within one-half (½) mile walking distance of public transit as defined in Government Code 65852.2(j)(9), as that section may be amended, at the time the application is filed with the community development department.

When there is a car share vehicle located within one (1) block of the ADU at the time the application is filed with the department.

When a garage, carport, or covered parking structure is demolished in conjunction with the constructions of an ADU or converted to an ADU, those off-street parking spaces need not be replaced.

Nonconforming Conditions. The city shall not require, as a condition for approval of an ADU application, the correction of nonconforming zoning conditions.

Building Code and Housing Code. A new or expanded ADU shall comply with the Uniform Building Code and Uniform Housing Code in addition to the requirements of this section.

The city shall act on the ADU application within sixty (60) days from the date the city receives a completed application if there is an existing single-family or multifamily dwelling on the lot.

If the ADU application is submitted together with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the ADU permit application until the city acts on the permit application to create the new single-family dwelling.

When Dependent on Separate Construction. When a proposed attached ADU or detached ADU is dependent on the construction of a new building or new portion of a building that is not a part of the ADU ("separate construction"), the city shall either:

Accept and begin processing the ADU application only after acting on an application for the proposed separate construction; or

Upon written request from the applicant, review and act on the ADU together with the separate construction as part of a single application. In this case the ADU is subject to the same review procedures and requirements as the separate construction.

If the applicant requests a delay in the processing of an ADU application, the 60-day time period set forth in subsection D.1 of this section shall be tolled for the period of the delay.

Units Subject to Limited Standards. Without regard to subsections C.1 and C.2 (Development Standards), subsection C.3 (Objective Design Standards) and subsection C.4 (General Standards) of this section, the city shall ministerially approve an application for a building permit within a residential or mixed-use district to create any of the four (4) types of ADUs described below. The below categories of ADUs shall not be combined (only one (1) of the four (4) categories of ADUs shall be approved pursuant to this section, per lot). For each type of ADU, the city shall require compliance only with the standards in this subsection:

Internal ADU. One (1) ADU and one (1) JADU as follows:

The ADU and JADU are within the proposed space of a single-family dwelling or existing space of a single-family dwelling or existing accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

The JADU complies with the definition in section 14.03.030 of this code and the requirements of subsection C of this section.

New Construction. One (1) detached or one (1) attached, new construction ADU per lot with an existing single-family dwelling. The ADU may be combined with a JADU as defined in section 14.03.030 (Junior accessory dwelling units) and described in subsection C of this section (JADU). The ADU must comply with the following:

Conversion of Non-Livable Multifamily Space. Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following:

At least one (1) ADU is allowed within an existing multifamily dwelling up to a maximum of twenty-five percent (25%) of the existing multifamily dwelling units; and

Detached ADUs on a Multifamily Lot. Not more than two (2) ADUs that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to the following:

(Ord. 1838 § 39, 2005; Ord. 1802 § 1, 2003).

(Ord. No. 1882, Exh. A, §§ 54—56, 6-21-2010; Ord. No. 2002, div. 11, 12-6-2021; Ord. No. 2013, § 4, 8-1-2022)