One of the effects of the proposed Short Term Rental zoning amendment is to make Accessory Dwelling Units rentable short or long term.

What is an ADU?

An Accessory Dwelling Unit (ADU for short) is an additional dwelling on a parcel, with limitations on size (1200 sq ft), proximity to the main residence (150 ft), shared access and utilities, and use (it may not be rented). Details are in the zoning regulation, section 12.2.

Where did ADUs come from?

ADUs were added in the 2020 zoning update, replacing the existing Guesthouse and Caretaker’s Residence standards.

In drafting the ADU standard, the Zoning Advisory Committee had several goals:

• Respect the General Plan’s provision of one single family residence per 40 acres (or one per smaller nonconforming parcel).
• Provide objective standards to simplify administration and ensure that the beneficiary of the dwelling also bears its impacts.
• End the kitchen charade in the Guest House definition and the abuse of Caretaker’s Residences (see below).
• Make administration easier, by avoiding a Conditional Use hearing (which was rather pointless as the application would almost surely be granted).

One might legitimately wonder whether the ADU standard succeeds in respecting the General Plan’s 1-in-40 density. Certainly the effect is to provide 2 dwelling units on one parcel. However, the Advisory Committee felt that this was reasonable given that the restrictions on use (rental) prevented most dual-occupancy scenarios, limiting the density impact. They also felt that it was as close to compliance as was feasible, given the Commission’s lack of respect for the letter of the law in Caretaker’s Residence approvals at the time. Lifting the no-rental provision would certainly change that calculus, turning the ADU into a clear violation of the density in the plans and regulations.

What was the 1971 Guest House?

The 1971 zoning regulation provided for guesthouses. A guesthouse was deliberately not a complete dwelling, in keeping with the General Plan’s provision of one single family residence per 40 acres:

Enforcement of this standard was somewhat problematic, because the county’s interpretation of “kitchen” was “has an oven.” This led to enforcement problems, with bootleg ovens installed installed in de facto kitchens post-approval.

Where did the Caretaker’s Residence come from?

The Caretaker’s Residence appeared as an amendment some time prior to the 1999 edition of the regulation. It’s rather poorly drafted and ambiguous.

3.16 Caretaker’s Residence: Dwelling Unit for a person that takes care of the house or land of an owner who may be absent.

The definition includes a few restrictions, that the dwelling is for “a person” (singular) and, at least implicitly, that the use is for a bona fide caretaker, not some other use, like a short term rental guest.

Note also that, by calling the residence a “dwelling unit”, it is clear that it requires a density right:

Through 2005, the county took the density and use requirements seriously. Administrative decisions denied one resident a Caretaker’s Residence on 30 acres in 2001, and initially refused to entertain one on another site with 120 acres.

You need a goat

From about 2006, the county’s reading of the regulations loosened, to the point of absurdity. At first, Caretaker’s Residences were granted on smaller parcels, even though they lacked the required second density right. These approvals carried a “no rental” condition clarifying the concept of bona fide caretaking.

The low point for rule of law came in 2014, when the commission granted 2 Caretaker’s Residences on acreage with insufficient density rights, and Commissioner Skinner opined that “if you have a goat, you can have a caretaker.”

It’s risky to speculate about court outcomes, but appealing these decisions probably would have been like shooting fish in a barrel. BCPOA declined to do so, in the hope that the zoning update would provide a speedier resolution without conflict with the county.