The bigger tiers
The deed-restricted tiers, honestly explained
The additional deed-restricted tiers — $5,000 for moderate-income, $10,000 for low-income — are not bonuses. They are payments toward a recorded, long-term commitment about the unit — and the commitment, not the money, is the decision.
Moderate-income deed restriction: additional $5,000
Deed-restrict the unit for moderate-income households — 81–120% of area median income — and the base $2,500 is waived when your fees are set. The additional $5,000 is not waived at the counter: you pay the fees in full and claim the additional amount back from the County once the finished unit receives its Certificate of Occupancy. (If your own household is low-income, the County can instead apply the additional waiver to reduce your fees before that stage.)
Low-income deed restriction: additional $10,000
Deed-restrict the unit for low-income households — under 80% of area median income — and the base $2,500 is waived when your fees are set. The additional $10,000 is not waived at the counter: you pay the fees in full and claim the additional amount back from the County once the finished unit receives its Certificate of Occupancy. (If your own household is low-income, the County can instead apply the additional waiver to reduce your fees before that stage.) The deeper the affordability commitment, the larger the additional amount — that trade is the programme working as designed.
What a deed restriction commits you to
A deed restriction is recorded against your property — it runs with the property record, not just with your intentions this year. For these tiers it commits the unit to serving households at the stated income level: the home you build with the larger waiver is an income-restricted home, and that status is a legal condition of the property, visible to future buyers and lenders. The county sets the minimum: at least 5 years of affordability, with tenant income documentation and the lease submitted every year. That may be exactly right for a family unit or a long-term affordability plan — many owners choose it deliberately. It is the wrong trade if you were counting on unrestricted rental flexibility. Because the terms are recorded and consequential, the county's own guidance is to consult first: talk to County Planning and Building & Safety before applying, confirm the exact restriction language and obligations for your tier, and take advice if you need it. Do not record anything on the strength of a web page — including this one.
How the money actually moves
The tiers do not arrive the same way, and the difference matters for cash flow. The base waiver ($2,500 per ADU, $1,500 per JADU) is applied by staff as your fees are being determined — there is nothing to claim later. The affordable tiers work as a reimbursement: you pay all the required fees, then claim up to the additional amount once the project receives its Certificate of Occupancy. The exception, per the county, is an owner whose own household is low-income, where the waiver can reduce fees earlier. Two limits to budget around: the waiver covers county fees from the Community Development Agency (Planning and Building & Safety) — not sewer, water or school charges — and the affordable-tier cash simply arrives later, as reimbursement after the Certificate of Occupancy — but the county does not say whether a Certificate of Occupancy issued after Dec 31, 2026 still qualifies for the reimbursement. Ask that question in writing at your Planning consultation.