Belvedere ordinance revision would allow more low-income housing

The change would allow larger ADUs, or even more ADUs on one property, if the owner restricts at least one to low-income residents.

Belvedere officials are hoping a new ordinance will encourage residents to build bigger accessory dwelling units in order to meet state housing requirements.

The ordinance, recommended unanimously by the Planning Commission at its meeting on Tuesday, would allow larger ADUs, or even more ADUs on one property, if the property owner restricts at least one to low-income residents.

“In a world of choices, isn’t it better to give more choices to people?” said Pat Carapiet, chair of the Planning Commission.

If the property owner commits to making monthly rent no more than 30% of a low-income household’s monthly income, the apartment could be 1,000 square feet for a one bedroom or 1,200 square feet with two or more bedrooms. Currently, the limits are 800 square feet for a one-bedroom dwelling or 1,000 square feet for two bedrooms or more.

The City Council adopted its housing element in January 2023, but it required revisions based on directives from the state. To meet state housing requirements, Belvedere must plan for 160 new residences by 2031: 49 for very-low-income households, 28 for low-income, 23 for moderate-income and 60 for above-moderate-income.

The housing element calculates 213 new residences at various sites. The buffer is in case some housing sites do not get developed.

In January, the city signed off on new zoning ordinances that would help it meet the requirements. The changes included a new mixed-use zone added to the Boardwalk to increase density, and removing single-family residences from the R3, R3C and R2 zones to encourage housing developers to build at the maximum capacity.

However, because of a tight time frame to meet state requirements, the low-income component of the proposed changes to accessory dwelling units was left out of the Jan. 22 zoning changes, according to Rebecca Markwick, director of planning and building for the city. Accessory dwelling units are part of the city’s strategy to meet state requirements.

One change to the ADU ordinance proposed by city staff would allow two accessory dwelling units on residentially zoned lots that are 15,000 square feet or more, if the property owner deed-restricts both ADUs. Currently, one accessory dwelling unit and one junior accessory dwelling unit are allowed per residentially zoned lot with an existing or proposed single-family dwelling.

Ashley Johnson, vice chair of the commission, asked whether a lot big enough for two ADUs would be required to have only one be deed-restricted. Markwick said there is flexibility to do that, but the non-deed-restricted one would be capped at 800 square feet unless separate approval was granted by the Planning Commission.

“I would make that suggestion,” Johnson said. “I think the goal is to incentivize more ADUs and I wouldn’t want that to be an inadvertent deterrent for people.”

Carapiet said the drawback of that change could be losing up to half of the number of possible dwellings because the ADU that is not deed-restricted would not be allowed the extra square footage. She agreed with Johnson, saying that giving people choices would be preferred.

Commissioner Kevin Burke said he worried that the incentive of a larger dwelling will be canceled out by restricting it to low-income renters.

“The people I’ve talked to are fine making it deed-restricted,” Markwick said.

The ordinance will be presented to the City Council for final approval at a meeting in June.