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County considers requiring deed-restricted affordable ADUs under new state law
Summary
County staff told the Board of Supervisors that House Bill 2928 requires county zoning updates to allow two accessory dwelling units per residential lot and allows a third ADU on parcels of one acre or larger.
County staff briefed the Board of Supervisors on zoning changes required by House Bill 2928 and sought direction on whether to make the county's optional affordability provision part of the county's update to the zoning ordinance.
Jess McNeely of the Community Development Department explained the statute: counties must allow two accessory dwelling units (ADUs) on residential lots (one attached, one detached). Parcels one acre or larger may host a third ADU. The statute gives counties an option: the additional detached ADU can be required to be deed-restricted as affordable housing. That restriction, if adopted, must meet the statute's definition: rentals limited to households at or below 80% of area median income and renting at no more than 30% of gross income.
Pros and cons: McNeely told the board the county has not previously regulated ADUs as 'affordable housing.' Advantages of the deed-restriction option include increasing affordable housing supply and preventing those restricted units from obtaining short-term rental permits. Cons identified by staff and Planning & Zoning commissioners include administrative costs for income verification and deed recording, and the risk that the restriction could discourage some owners from building the third ADU, reducing supply.
Legal and timing considerations: staff and county counsel said adopting an affordability requirement before the statutory deadline preserves the county's authority to require deed restrictions; if the board does not adopt a restriction by the statutory deadline (end of calendar year), the county may lose that regulatory option and Prop. 207 takings issues could make reintroduction harder. Staff recommended moving quickly to draft ordinance language so the board can act before the deadline.
Board direction: several supervisors expressed support for trying the deed-restriction option to add affordable units while acknowledging administrative implications. Staff will prepare regulatory language for the zoning ordinance update and coordinate with Health & Human Services on income verification procedures if the board directs them to pursue the deed-restriction route.
What to watch: Planning & Zoning will issue a formal recommendation at its October hearing; the board must adopt zoning changes before the statutory deadline to retain the deed-restriction option.
