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Belvedere Council Approves First Reading of ADU Zoning Amendments; Adds Deed-Restriction Option
Summary
The council approved the first reading of an ordinance amending Belvedere Municipal Code chapter 19.79 to add provisions that allow additional accessory dwelling unit (ADU) square footage when units are deed-restricted for low-income rental, and directed staff to bring further Housing Element-related changes to a future hearing.
Belvedere City Council on Jan. 16 approved the first reading of a zoning ordinance amending chapter 19.79 of the Belvedere Municipal Code, which governs accessory dwelling units (ADUs) and junior ADUs.
Planning staff said the amendments are tied to the city's ongoing Housing Element work with the California Department of Housing and Community Development (HCD). One change before the council would allow increased ADU square footage when a homeowner records a restriction that limits the unit as a low-income rental. Planning staff told the council the language corrects an omission from a prior January 2024 ordinance.
Planning Director Rebecca (last name not specified in the record) summarized the update: the city submitted a revised Housing Element to HCD on Nov. 15, 2024, and the proposed zoning changes implement provisions to incentivize ADU production at affordable rents. "The proposed amendment before you tonight remedies this oversight by adding the required provisions," she said.
Council members sought clarity about the recording mechanism. Council member Peter Mark noted other cities often use a deed restriction or a declaration of restriction; Planning Director Rebecca said the staff'draft language borrows a "regulatory agreement" approach used in larger jurisdictions but that the council could choose to add alternatives such as a recorded declaration or deed restriction.
Council members discussed the possibility of consulting HCD on the recording mechanism to maximize enforceability and flexibility. The planning director said she expects to return with a more comprehensive ADU update through the planning commission in February.
The council approved the ordinance on first reading by unanimous voice vote. Under council practice the second reading and adoption will be scheduled at a future meeting after required public notice and any additional staff revisions are prepared.
