Residents press council to remove owner-occupancy requirement in ADU update

During the public hearing on ZTA 26-06, which updates county accessory dwelling unit (ADU) rules to comply with state changes, numerous residents testified that the county’s owner-occupancy requirement and arbitrary adult-occupancy caps keep would-be ADU builders from creating smaller, more affordable units.

Christian (long-term resident and ADU builder) urged the council to eliminate the owner-occupancy requirement and to set occupancy rules by square footage rather than a flat two-adult cap, noting that the county’s Office of Legislative Oversight recommended removing the residency rule. Mike Saxini and Susan Gallagher described the rule as a financial disincentive that can force homeowners into precarious choices if they must relocate temporarily; they said removing the residency requirement would increase housing supply and compliance with rental regulations.

Several speakers, including Flavia Fabali, recounted personal health or accessibility needs as a reason an adaptable ADU is necessary and said zoning obstacles and neighbor objections have delayed or blocked permitted ADU construction. Witnesses urged the council to follow examples from other jurisdictions (Seattle, California municipalities) that have removed residency requirements and dramatically increased ADU permits.

Planning staff had noted that parts of the state law require code updates; several commenters asked the council to go further by adopting separate legislation to remove the owner-occupancy requirement. The hearing record closes without an immediate change to the ZTA; the council may consider a separate bill to address owner-occupancy requirements.