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Piedmont council gives first reading to ordinance adopting state ADU rules
Summary
The council held a public hearing and gave the first reading to Ordinance No. 777 NS to update Piedmont zoning code to implement AB 13 32, AB 25 33 and SB 12 11. Staff said the changes legalize certain pre-2020 unpermitted ADUs for health-and-safety compliance, create a state-mandated preapproved-plans process, and revise parking rules; the ordinance will return for second reading Jan. 21.
Piedmont city planning staff presented proposed updates to the zoning code and the council conducted a public hearing before approving the ordinance's first reading on Jan. 6, 2025.
Associate Planner Gopika Nair told the council, "Finally, assembly bill 13 32 requires each local agency to develop a program for the preapproval of detached ADUs, ADU plans and elevations," and summarized how AB 13 32 differs from the city's existing preapproved plans. Planning staff said SB 1211 eliminates replacement-parking requirements when an uncovered space is converted to an ADU, and SB 1211 allows up to eight detached ADUs in an existing multifamily development so long as the number of detached ADUs does not exceed the number of primary units.
Council members pressed staff on how the state rules would interact with local development agreements and practical site constraints. Vice Mayor McCarthy asked specifically about SB 1211: "On SB 1211, allowing eight detached ADUs in an existing multifamily development, we don't have that many in our town," and staff replied that development agreements and available area would constrain built outcomes. Council also sought clarification on the enforcement approach for retroactive legalization; staff said the city may enforce only health-and-safety code requirements for unpermitted units built before Jan. 1, 2020 and cannot impose new design or energy-code upgrades as a condition of legalizing such units.
Staff noted two proposed fees that will come back for approval at the Jan. 21 meeting: a preapproval ADU form request fee ($151) and a building permit fee to implement AB 25 33 ($1,081). The council approved the recommendation to adopt the ordinance on first reading; staff said a second reading could occur as soon as Jan. 21, 2025, with ordinance amendments taking effect 30 days later.
The vote was recorded as part of a roll-call; the council adopted the first reading and the item will return for a second reading and final adoption procedures.
