Good news arrived for Marin homeowners in March 2025 when the Marin County Board of Supervisors decided to extend a rule that waived or reduced building permit fees for second units or accessory dwelling units (ADUs). These units are now viewed as a way to create more living spaces in housing-challenged Marin. The extension will last through 2026. It also applies to junior accessory dwelling units (JADUs), all in the unincorporated communities of Marin County.
What are unincorporated communities?
If you live in a community that does not have its own mayor or police department, that means the county government serves your area through the Board of Supervisors and the Sheriff’s Department.
New ADU rules are an effort to boost affordable housing in Marin
Marin County as a whole is behind in allowing for the number of affordable housing units dictated by the State of California. Any effort to increase the stock of affordable units in Marin is getting the benefit of more leniency than in prior decades.
There was a time, not that long ago, when homeowners with a garage, outbuilding or open area they hoped to turn into an accessory living unit, were summarily rejected by planning departments. It wasn’t until the California State legislature voted in new legislation that would restrict localities from preventing second and third units that ADUs were openly promoted.
“One new law, AB 68/AB 881, will limit cities’ ability to prevent homeowners from building second and third units less than 16 feet tall provided there is enough space to build them at least four feet from property lines. It also prohibits replacement off-street parking when a “garage, carport or covered parking structure” is demolished or converted into an ADU.” – The Patch, January 20, 2020
ADUs are becoming California’s useful partner in providing in-fill housing within communities that possess limited areas for larger affordable housing units. According to the Marin Independent Journal, at a March meeting, planner Aline Tanielian told supervisors, “The county has received a steady increase in ADU permit applications over the last five years.” The article continued to say that “the county received 35 ADU applications in 2019, and since then it has received an average of 95 applications per year.”
ADU permitting fee reductions come with requirements
The breaks in permitting fees being offered to homeowners are not insignificant, but they do come with some strings. If you are hoping to save up to $10,000, your unit must fall under the affordable housing parameters. The county has rules in place to ensure the restrictions are adhered to as agreed for the higher savings. Property owners must place a deed restriction on their property to confirm that the unit will be rented to a household at the income level they have agreed upon.
People often look to creating an ADU or JADU because they are going through life changes. Perhaps they are retiring, or their children have grown and left home, and they’d like to remodel now-vacant space into rental income. Others may want to accommodate a family member, friend or simply add to the county’s affordable housing stock, while earning a reasonable rent. Property owners, in order to qualify for a waiver, have to promise not to use their ADU/JADU for short-term rentals.
If a unit does not meet the affordable housing requirements, a property owner could still receive up to $2,500 for an ADU and up to $1,500 for a JADU. The County of Marin provides a number of resources to help you decide if an ADU/JADU might work on your property. The laws relaxing rules about ADUs keep evolving. In 2017, the rules were relaxed for ADUs on lots zoned for single-family lots. More recent laws impact multiple-family lots. Keeping up with the changes can prove challenging.
If you are a property owner considering the creation of an ADU/JADU, AplosGroup can help. We have extensive experience with ADUs and the permitting process. We’d be happy to provide a consultation to see if an ADU could work for you.