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Commission adds low-income rental agreement provision to ADU rules
Summary
Belvedere’s Planning Commission adopted a small zoning amendment to chapter 19.79 to restore a provision allowing additional ADU floor area when homeowners enter a regulatory agreement to rent the unit at Marin County low-income levels; staff said a broader ADU update will return in January after HCD review.
The Belvedere Planning Commission on Monday adopted a targeted amendment to the city’s accessory dwelling unit (ADU) and junior ADU zoning rules to restore an intended provision omitted from a January 2024 ordinance.
Staff explained the amendment would allow property owners to receive additional ADU floor area by right if they enter a regulatory agreement obligating the ADU to be rented at a Marin County low-income level. The provision is not structured as a deed restriction; staff said it will be implemented through a regulatory agreement recorded against the property and that additional details — such as the applicable area median income (AMI) percentage — will be set in that agreement and reference Marin County AMI.
The amendment corrects an earlier omission and was described by staff as a narrowly targeted change while the department continues to prepare a broader code update. Staff noted the city’s housing element is under review by the state’s Housing and Community Development Department and that HCD feedback has been delayed.
Commission discussion focused on enforcement and whether affordability should be enforced by deed restriction or regulatory agreement. Commissioners asked for clarity on AMI levels (examples discussed: very low = 50% AMI; low = 80% AMI) and staff said the regulatory agreement will specify the applicable AMI consistent with Marin County metrics.
The commission voted to adopt the resolution to amend chapter 19.79 as presented. Staff said a larger ADU amendment package addressing recent state changes will return to the commission in January.
Next steps: Staff will prepare the regulatory-agreement template and the AMI percentage language for the agreement. The broader ADU code revisions and any HCD comments will be addressed in the forthcoming January package.
