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Saratoga council approves stronger incentives for affordable ADUs, removes notarized‑affidavit proposal
Summary
Council voted 5‑0 to increase the floor‑area bonus for deed‑restricted ADUs from 10% to 15%, expand fee reductions and explore amnesty and conversion incentives. Council removed a proposed notarized‑affidavit alternative to recorded deed restrictions after staff and members raised concerns about HCD recognition and permanence.
The Saratoga City Council on April 1 approved a package of measures aimed at encouraging creation of affordable accessory dwelling units (ADUs), including increasing the existing floor‑area bonus for deed‑restricted ADUs from 10 percent to 15 percent and adopting tiered fee reductions.
Cindy McCormick, the city’s development manager, presented the staff recommendations: a 15 percent site‑coverage/floor‑area bonus for deed‑restricted ADUs; a tiered fee approach that would make permits for very low income ADUs free and charge low income ADUs 50 percent of permit costs; an amnesty program to legalize unpermitted ADUs; incentives for converting accessory structures to ADUs; and outreach and internal process changes to make permitting more accessible.
McCormick said the $17,000 figure cited in the presentation is a rounded example for the building permit and plan‑check fees on a 1,200‑square‑foot ADU, noting that roughly 65 percent of that total covers building department services. She also noted that in recent years Saratoga permitted 79 ADUs in 2023 (one deed‑restricted), 74 in 2024 (one deed‑restricted) and 119 in 2025 (seven deed‑restricted), underscoring that deed‑restricted affordable ADUs remain a small share of total ADU permits.
Council debate focused on a staff suggestion to replace recorded deed restrictions with a notarized affidavit to secure fee reductions. Mayor Page and other members said the affidavit approach could provide short‑term credit for state audits but might not produce a long‑term or recorded obligation that the California Department of Housing and Community Development (HCD) would accept. “We have no clue what HCD will do,” Mayor Page said, urging caution about relying on affidavits alone to meet housing requirements.
Councilmember Tina offered a friendly amendment to remove the notarized‑affidavit option from the package and focus on the other incentives; the council accepted the amendment and then approved the revised package by a 5‑0 vote. Items approved include the 15 percent floor‑area bonus, incentives for conversions, an amnesty program study, review of internal ADU processes, and expanded outreach. The affidavit proposal will be returned for further study if staff wish to pursue it.
Public comment during the ADU item included in‑person praise for the outreach and volunteer opportunities that support housing initiatives. Remote comment included disruptive and offensive remarks that moderators identified and moved past; the council continued the agenda after closing remote comments.
Staff said the affidavit would not be recorded against title, so it would not bind future owners; staff and the mayor agreed more certainty is required about how HCD would treat an affidavit in an audit. McCormick said staff will return with further details on amnesty program design and any necessary code amendments.
