San Rafael's Accessory Structures: The Rules That Matter

Every city handles accessory structures a little differently. In San Rafael, California, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

ADU Rules

San Rafael must act on a complete accessory dwelling unit application within 60 days under city code, with no discretionary hearing required: only an applicant-requested delay pauses that clock.

Key details: Review deadline: 60 days from complete application. Review type: Ministerial, no hearing required. Citation: SRMC § 14.16.285.D. Delay tolling: Applicant-requested delays pause the clock.

An unaddressed application past the 60-day window does not void the ADU, but an applicant can treat an unexplained delay as grounds to compel city action on the building permit.

ADU Rental Restrictions

San Rafael bars selling an ADU separately from the main house, and requires a 30-day minimum rental term for ADUs built under the city's streamlined, standards-light approval pathway.

Key details: Sale ban: Cannot be sold separate from main home. Min rental (E-category ADUs): 30 days. Citation: SRMC § 14.16.285.C.4.b and .E.5. Exception: Gov. Code § 65852.26 conveyance option.

Selling or listing an ADU as a separately conveyed unit violates § 14.16.285.C.4.b, and renting an E-category ADU for stays under 30 days violates § 14.16.285.E.5; both are zoning code violations subject to city enforcement.

Garage Conversions

San Rafael does not require replacement parking when a garage, carport or covered parking structure is demolished or converted to build an accessory dwelling unit. The waiver comes from the ADU parking standards at San Rafael Municipal Code Section 14.16.285.C.5.c.

Key details: Replacement parking: Not required for demolished/converted garage. Standard ADU parking: 1 space, waivable in 5 scenarios. Multifamily garage ADUs: Up to 25% of existing units, per subsection E.3. Review path: Ministerial, no discretionary hearing. Governing section: SRMC § 14.16.285.C.5.c.

There is no separate penalty for using the garage-conversion parking waiver correctly; it is an authorized standard, not a restriction. A property owner who converts a garage without pulling the required ADU building permit, or who otherwise fails to meet the objective design and general standards in Section 14.16.285, is subject to code enforcement and, under the citywide penalty at San Rafael Municipal Code Section 1.42.010, to an infraction or misdemeanor citation carrying a fine of up to $500 and, for a misdemeanor, up to 6 months in the Marin County jail.

San Rafael is more permissive than most cities when it comes to garage conversions. That said, there are still limits.

ADU Owner Occupancy

San Rafael requires owner-occupancy of the single-family home whenever a junior accessory dwelling unit (JADU) is added, though the owner may live in either the main house or the new JADU. The requirement does not apply if a government agency, land trust or housing organization owns the property, per Section 14.16.285.C.2.c.

Key details: Owner-occupancy required: Yes, for JADUs only, not standard ADUs. Where owner may live: Main house or the new JADU. Exemption: Public agency, land trust or housing org owner. JADUs per lot: Maximum of one. Sale restriction: JADU cannot be sold apart from the house.

Creating a JADU without owner-occupancy of the property, selling a JADU separately from the primary residence, or failing to record the required deed restriction violates Section 14.16.285.C.2 and can result in the community development department withholding or revoking the JADU's building permit approval. Because zoning violations are enforced citywide under San Rafael Municipal Code Section 1.42.010, a violation may also be charged as an infraction or misdemeanor carrying a fine of up to $500, with a misdemeanor punishable by up to 6 months in the Marin County jail.

Shed & Carport Rules

Unlike sheds and other small accessory structures, San Rafael carports and garages must meet the full front, side and rear setbacks of the underlying zoning district, and carports need a minimum interior of 9 by 19 feet for one car, 18 by 19 feet for two.

Key details: Governing setback: Full zoning-district setbacks. Not eligible for: Relaxed accessory setbacks. Single-car carport min.: 9' x 19'. Double-car carport min.: 18' x 19'. Chapters: SRMC 14.16 and 14.18.

Placing a carport within the district's required front, side or rear setback, rather than meeting the full zoning-district setback like a garage, violates SRMC §14.16.020(E)(1)(e), and a carport built smaller than the §14.18.180 minimum dimensions can be rejected at plan check.

The Bottom Line

San Rafael's accessory structures rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming San Rafael is broadly strict or permissive.

This guide is based on San Rafael's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.