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Dr. Holeka Goro Inaba, Council Chair and Members of the County Council December 22, 2025 Page 4 Recent amendments to State law and the County Zoning Code have significantly increased the potential number of homes that can be built on most urban -zoned lots. Property owners are now allowed to construct one primary dwelling and up to three Accessory Dwelling Units (ADUs) on a single lot, for a total of four possible dwellings per lot. This represents a potential 300% increase in residential density per lot. With this new development capacity allowed by right, the Planning Director finds it necessary to evaluate the possible impacts on regional infrastructure and public services, including roads, wastewater systems, police and fire protection, and public parks that serve new residents. Historically, when parcels were "upzoned" to allow higher residential density, the County typically included conditions prohibiting the construction of a second dwelling (such as condition H). At the time, additional dwellings were permitted mainly through `Ghana dwelling permits (a process that has since been replaced by ADU allowances). These restrictions helped manage neighborhood density and minimize strain on infrastructure. A Fair Share condition was also included in such rezonings, requiring financial contributions to the County to offset the impacts of new development. These payments were generally tied to the number of new lots created, since each lot was limited to one dwelling unit. Given today's zoning framework, the Planning Director does not consider it appropriate to impose new conditions that would prohibit landowners from developing ADUs now allowed under the Zoning Code. Doing so could conflict with property rights established by current law. However, it is appropriate to update the Fair Share condition in order to mitigate regional impacts on infrastructure caused by this new development potential. Accordingly, the Fair Share condition has been revised to require contributions not only for new lots created (payable before final subdivision approval) but also for any future ADUs constructed beyond the initial primary dwelling. For these additional units, the Fair Share payment will be required before issuance of a building permit. Regarding the County's General Plan, the proposed amendments are consistent with the Low Density Urban (ldu) designation, which allows for residential, with ancillary community and public uses, neighborhood and convenience -type commercial uses with overall residential density up to six units per acre. Additionally, the request is consistent with the following goals, policies, and actions of the General Plan: