Piedmont planning commissioners unanimously recommend zoning changes to conform with new state ADU laws

The Piedmont Planning Commission voted unanimously on Dec. 9 to forward a resolution to the City Council recommending adoption of zoning ordinance amendments to implement recent California laws affecting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).

Associate Planner Gopika Nair told the commission the package is intended to bring city code into compliance with AB 2533, SB 1211 and AB 1332, which take effect Jan. 1, 2025. "In recent years, the California legislature has enacted bills that reduce local discretionary control over the development of ADUs and JADUs," Nair said, summarizing the state changes staff used to draft the revisions.

The proposed amendments would, among other things, allow uncovered parking spaces — including portions of driveways — to be converted to ADUs or JADUs without a local requirement to provide replacement parking; extend allowances for detached ADUs on existing multifamily developments (up to eight detached ADUs where consistent with the number of primary units); and establish a preapproved-plan pathway for detached ADU designs posted on the city website.

Nair explained how the rules would operate: units constructed before Jan. 1, 2020 generally must be permitted and legalized unless they create specific health-and-safety violations, and preapproved plan reviews are subject to a 30-day ministerial timeline while other ADU permit reviews remain subject to the 60-day standard. "When the applicant selects a preapproved plan, city staff will review site specific factors for the property in relation to the chosen plans, including compliance with the zoning ordinance ... and within 30 days make a decision," she said.

Commissioners pressed staff on several implementation details, including which zones the new rules apply to, how inspections will address fire and life-safety concerns near property lines, and whether legalizing older unpermitted units creates a design precedent. Staff said denials remain limited to health-and-safety code violations and that building and fire codes still govern construction and means of egress; they also said the city will post checklists and guidance on the city website by Jan. 1, 2025.

Chair Justin Zucker moved the commission recommendation; Commissioner DeJodia seconded and the motion passed unanimously. City staff said the City Council will consider adoption of the formal ordinance on Jan. 6, 2025.