The Second Unit Amnesty Program terminated on December 31, 2008. Applications received prior to the closing date will be processed by staff according to amnesty guidelines in 2009. Second Unit applications received in 2009 shall comply with the provisions of Section 22.32.140 of the Development Code.

SECOND UNIT AMNESTY PROGRAM

SUMMARY

Marin County is continuing the Second Unit Amnesty Program for the period from January 1, 2008 to December 31, 2008. This program offers incentives for property owner/applicants to register existing, unpermitted second units by demonstrating safe and habitable dwelling conditions.

Unpermitted second units in existence prior to June 3, 2003 are eligible to apply for a Second Unit Amnesty Permit provided the unit meets all requirements of the Second Unit Amnesty Permit (Ordinance 3463, Exhibit A). Existing second units eligible for a Second Unit Amnesty Permit may comply with the requirements of this Second Unit Amnesty Program rather than the requirements for existing second units included in Section 22.32.140 of the Marin County Code. Second Unit Amnesty Permit applications submitted and found to be complete during the prescribed period will receive a 50% reduction of all associated Community Development Agency permit fees, and Department of Public Works Site Check and Encroachment Permit fees.

The applicant is responsible for any fees or upgrades required by other agencies (Water District, Sewer /Sanitary District, Fire, etc) and is strongly recommended to research these details prior to submitting an application.

FREQUENTLY ASKED QUESTIONS

1. WHAT IS A SECOND UNIT?

2. WHY DO I WANT A SECOND UNIT AMNESTY PERMIT?

3. WHAT ARE THE ELIGIBILITY REQUIREMENTS FOR THIS PERMIT?

4. HOW LARGE CAN MY SECOND UNIT BE?

5. CAN I RENT THE SECOND UNIT?

6. CAN I SELL THE UNIT?

7. WHAT IS THE DIFFERENCE BETWEEN THE SECOND UNIT AMNESTY PERMIT AND A REGULAR SECOND UNIT PERMIT?

8. HOW WILL I BE TREATED BY CODE ENFORCEMENT IF I APPLY FOR A PERMIT?

9. DO I NEED SEPARATE UTILITY METERS?

10. WHAT IF I HAVE A SEPTIC SYSTEM?

11. WHAT ARE THE PARKING REQUIREMENTS FOR THE AMNESTY PERMIT?

12. WHAT IF MY UNPERMITTED UNIT WAS BUILT AFTER JUNE 3, 2003?

13. WHAT OTHER PERMITS OR FEES MAY IMPACT MY APPLICATION?

14. WHAT IF MY UNIT IS IN THE COASTAL ZONE, OR A STREAM CONSERVATION AREA?

15. WHAT FINANCIAL INCENTIVES ARE THERE TO COMPLETE THIS PROCESS?

16. WHAT SHOULD I DO TO COMPLETE THE SECOND UNIT AMNESTY PERMIT PROCESS?

• The alteration of a single-family residence where a second food preparation facility was installed.
• The conversion of an attic, basement, garage, or other previously uninhabited portion of a single-family residence.
• The addition of a separate unit onto the existing single-family residence.
• The conversion or construction of a separate structure on the parcel in addition to the existing single-family residence.

There are many unpermitted second units in Marin County which may or may not meet basic health and safety guidelines. This Amnesty Program is intended to encourage healthy and safe conditions in existing units.

• This is an opportunity to legalize unpermitted second units for half the permitting cost.
• Some permit standards have been adjusted to accommodate existing buildings while focusing on tenant health and safety.
• A legal second unit can increase your property value.
• Free technical assistance will be available on how to legalize an unpermitted second unit.
• At the close of the Amnesty period, properties found in violation of County Code will be required to comply with more stringent Second Unit development standards, and increased fees will be assessed.

• To receive a Second Unit Amnesty Permit, the owner must demonstrate that the residential second unit was constructed or established prior to June 3, 2003, the date the Housing Element was adopted.
• The property owner must be a resident of either the primary or secondary unit.
• The unit must provide a healthy environment for occupants. This will be determined by compliance with specific health and safety standards for the building, parking, water and sewer facilities as set out in the Amnesty ordinance.

A second unit should be a minimum of 220 and a maximum of 750 square feet to be eligible for a Second Unit Amnesty Permit. Units over 750 square feet may be considered if established prior to 1987.

Yes. Second units can be rented as residences. Units should not be used for short stay, tourist, or Bed & Breakfast purposes.

A second unit can not be sold separately from the primary unit. If the property is sold, all permits and approved uses will transfer with the sale.

• Both permits establish the second unit as a legal, permitted use.
• New second units and units in existence after June 3, 2003 must comply with all current development regulations and should obtain a Second Unit Permit.
• A Second Unit Amnesty Permit will render the unit a legal, non-conforming unit. If the unit is damaged or destroyed, replacement of the unit will have to comply with current residential second unit development standards and catastrophic loss replacement policies.

Information submitted to County departments in support of an Amnesty Permit application will not be used as the basis for enforcement action unless there is a clear and imminent danger to public and/or environmental health. Active code enforcement cases will be processed without prejudice, however information submitted with an application will be forwarded to your code enforcement file in the event a withdrawal or denial.

• Separate utility meters for gas and electric service are recommended, but not required. Consult your local utility service providers for their second unit guidelines, requirements, and any applicable fees prior to submitting a permit application.
• Many water and sewer districts do not require a separate meter, but have connection and service fees for second units. Approval by these districts of each second unit is required prior to Second Unit Permit issuance. Contact your water and sanitary districts prior to submitting a permit application.
• All utility configurations should provide tenant with unobstructed access to shut-offs valves and circuit breakers.

• There are several ways septic systems can be accommodated. Applicants are encouraged to talk to Environmental Health Division staff about health and safety compliance options.
• Redwood septic tanks will require replacement.
• Septic systems will be required to pass performance tests.
• During the Amnesty period, owners will not be required to have a Class I system.

• One parking space will be required for the second unit, in addition to the minimum or existing parking required for the primary residence. Staff recommend that the second unit parking space is on-site and independently accessible. If this is not possible, tandem parking, space in an improved frontage, or other off-street parking will be considered.
• The accepted size for a parking space is 8.5 feet by 18 feet, or 9 feet by 20 feet for a constrained space (for example in a garage).
• Exceptions to these parking standards can be applied for through the Design Review process.

• Owners of unpermitted units established after June 3, 2003 are encouraged to apply for a new Second Unit Permit.
• Owners of these units will benefit from the 50% fee reduction during this period, but will be required to comply with the Second Unit Permit requirements of section 22.32.140 of the Marin County Code.

• Water and/or sewer fees from your local service district may be required. Contact your provider for fees.
• Properties served by wells or springs may need to amend or modify domestic water permits to reflect the increased number of dwelling units. Environmental Health Services can provide information on this requirement.
• School fees are at the discretion of each school district. Contact your school district for fee information.
• The Road Impact Fee will apply to any building permit needed for your second unit. The fee is 1% of the building permit valuation of $10,000 or more. Note that there are no fees if the building permit valuation is less than $10,000, and the fee can be reduced or waived if the building permit relates to the creation of affordable housing unit(s).
• Public Facilities Transportation Fees (traffic mitigation) apply if your second unit is in one of the five zones established by the county (generally Atherton Avenue, Northgate San Rafael area, San Geronimo Valley, Strawberry and Tamalpais Community area). Fees are adjusted every year and generally range between $1,600 to $3,330 for a second unit.
• Second units in Special Hazard Flood Areas (100 year flood zones) will be required to meet all floodplain management requirements. Significantly, if the cost of the improvements on a contract basis exceeds 50% of the depreciated value of the building, then the lowest floor is required to be at or above the Base Flood Elevation. Documentation must be provided for all flood zone second units to verify this ratio. In addition, all construction below the base flood elevation will need to be of flood resistant materials. Other requirements apply and you should contact the Department of Public Works if you have questions.
• Environmental review may be required in sensitive areas.
• Property upgrades may require property re-assessment by the County Assessor’s Office. Please call the Assessor-Recorder's Office at 473-7215 regarding any property tax questions.
• Special fire code permits, additional plan review and inspections may be required for fire sprinklers, vegetation management, or fire protection plans.

• The application for and issuance of a Coastal Permit will be required for all Second Unit Amnesty Permits in the Coastal Zone.
• Second units shall be subject to the Streamside Conservation Area (SCA) and wetland policies of the Countywide Plan and LCP.

• Planning, Building and Environmental Health Services fees will be reduced by 50% during this period for both new and existing second units.
• Department of Public Works Site fees and Encroachment fees will be reduced by 50%.
• For project applications combining second units with other development activity, fee reductions will apply to only the second unit portion of the project.
• Low-cost loans are available to very low income homeowners for residential upgrades through the Marin Housing Authority's Rehab Loan Program. For more information or to request a brochure or application, please call (415) 491-2550.

• Research your property through purchase documents, old contracts, receipts and building plans.
• Contact the County Assessor-Recorder’s office to research the history of permits and assessors notes on your property.
• Check with your homeowners’ or neighborhood association for any covenants, conditions, and restrictions (CC&Rs) that may apply in your neighborhood. Please note that these private agreements are not enforced by the County.
• Collect documents that prove the property owner resides at the property in either the primary or secondary unit.
• Collect documents that prove the unit has been established prior to June 3, 2003.
• Organize building site plans, including dimensions, heights, materials and any applicable permits received.
• Contact your water and sewer service providers to receive service confirmations for the second unit. Confirmation of service will be required for an Amnesty Permit.
• Check that your unit has unrestricted access to gas shutoffs and electric circuit breakers, and that the unit has independent heating controls.
• Demonstrate adequate parking for your unit.
• Pass a Second Unit Amnesty Housing Inspection performed by Building Division staff.
• Contact your fire district for a second unit review to identify any fire safety requirements.
• If you have a septic system, contact our Environmental Health Services staff for advice.
• Contact the Department of Public Works for site requirements and Special Hazard Flood Areas information. In particular, DPW can assist you in understanding parking requirements, drainage, and flood zone issues.
• Complete a Second Unit Amnesty Permit Self-Assessment Checklist.
• Submit a Second Unit Amnesty Permit Application to the Marin County Planning Department.

For additional information contact the following and state that you are interested in the Second Unit Amnesty Program