Mariposa County Planning Commission members on May 2 discussed proposed accessory dwelling unit (ADU) procedures in the draft development code and agreed that the county will not require a deed restriction recorded on title for ADUs.

The commission heard from a resident, Robert Fox, who said county staff had initially required a recorded agreement that “follows the title,” which he and his title and real estate advisers described as an encumbrance that could negatively affect resale. Fox told the commission, “a deed restriction is really an encumbrance on the title, which could have an adverse effect on a future sale of the property.”

Planning staff told the commission the county currently records agreements to notify future owners that an ADU exists and to track ADU compliance. Staff said they are prepared to remove the requirement for a recorded agreement and instead to track ADUs internally; staff reported they will finalize proposed language only after interdepartmental sign‑off.

The commission also asked staff to add explicit text about ADU eligibility in Wawona. Planning staff said they are drafting language that would bar new ADU approvals in Wawona until the town’s water and wastewater systems can demonstrate capacity for additional residential units. Staff described that approach as a way to avoid letting applicants pay fees and submit plans when public utilities cannot provide will‑serve commitments.

Commissioners and staff noted that state ADU law narrows what a county can prohibit, so any geographic restriction must be supported by documented life/safety or infrastructure capacity findings. Planning staff said they will incorporate will‑serve/water‑capacity language and supporting documentation into the ADU section and will confirm the approach with state Housing and Community Development if necessary.

Ending: Staff will remove the draft’s recorded‑agreement requirement for ADUs and will return with revised ADU language that: (1) uses internal tracking instead of a deed restriction; and (2) explicitly identifies Wawona (and other mapped utility‑capacity areas as warranted) as an area where ADU approvals will be withheld until utilities can issue will‑serve letters.