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Belvedere council approves first reading of ADU ordinance updates to meet state rules and ease steep‑lot builds
Summary
The council approved on first reading amendments to chapter 19.79 that align Belvedere's ADU/JADU rules with California law, allow 25‑ft detached ADUs on steep lots with a 9‑ft interior ceiling limit, and clarify what counts toward ADU floor area.
Belvedere moved forward on a landmark zoning update Aug. 11, approving on first reading amendments to municipal code chapter 19.79 to bring accessory dwelling unit (ADU) and junior ADU (JADU) rules into compliance with new state requirements while adding local clarifications.
Planning director Rebecca Markwick told the council the changes reflect recent state law and HCD's informal review. "ADUs and JADUs provide increased opportunities for lower cost housing while maintaining a neighborhood's character," she said, explaining that the city must allow ministerial staff review for state‑compliant ADU applications and cannot require public hearings for ministerial approvals. Staff also incorporated minor corrections requested by the Department of Housing and Community Development.
Council discussion focused on several locally tailored items. The ordinance allows a 25‑foot exterior height for detached ADUs on lots with at least a 30% grade, paired with a proposed restriction that interior ceiling height not exceed 9 feet for such units — a planning commission recommendation included in the adopted amendments. Council members also asked staff to clarify that covered patios and decks outside an ADU's exterior walls are not counted as ADU floor area for ministerial approvals.
Several council members questioned whether taller ADUs should require a larger setback than the standard 4 feet; one suggested a 5‑foot setback as a compromise to reduce impacts on neighbors. Staff explained that requests exceeding the ADU standards would be subject to the city's discretionary exception or conditional‑use permit process and full design review.
Mayor Cooper moved and the council approved the ordinance on first reading "as amended," with staff and council noting remaining cleanup and additional code cross‑reference corrections would be handled before a second reading. Staff said HCD has flagged a few additional housekeeping edits and that the city aims to complete outstanding conformity amendments by January.
