Nov 19 2022

ADUs: Added Bedrooms, ADUs in Front Yards, Conveyance of ADUs to Separate Owner, City Charter

Monday, Nov. 21, 2022, City Council –

The City Charter once more is considered when adding housing units in Piedmont.  The City’s controversial Charter interpretation is presented in relation to the proposed ordinance expanding housing in Piedmont.

The City claims a recently adopted ordinance #17.02.C prevails over the City Charter, as copied below:

“CITY CHARTER The modifications to the City Code are in conformance with the City Charter, including section 9.02. No zones have been reduced or enlarged, and no zones have been reclassified. City Charter provisions are expressly referred to in City Code division 17.02.C.”

Not all Planning Commissioners approved recommending approval of the proposed ordinance.  On a 3-1 vote the ordinance was recommended to the Council. There are  6 commissioners eligible to have participated in the consideration.

Should the Council approve a first reading of the recommended ordinance on November 21, 2022, a second reading could occur as soon as December 5, 2022, and the Code amendments would go into effect thirty days after that.

Perpetuated is the unequal distribution of housing in Piedmont.  One zone (Zone E) continues to require a lot size Minimum of 20,000 square feet, subject to exception for accessory dwelling unit construction set forth in division 17.38, whereas Zone A  location of the majority of Piedmont properties  require a Minimum lot size of 8,000 square feet.

 “Objective standards in the Piedmont Design Guidelines” are required, however these are yet to be approved and are forthcoming.  These standards have the potential to impact every property and neighbor in Piedmont.


“B. Ministerial review. The Director shall review each application ministerially to determine if the development standards in section 17.38.060 are met, and shall within 60 days of a completed application approve or deny the application, except if the application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with an application to create a new primary single-family or multi-family dwelling on the lot, the Director shall delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until permits for the new single-family or multi-family dwelling are approved. The Director will review the application without notice or public hearing. The time period for review may be tolled at the request of the applicant.”

READ the entire ordinance to be considered by the Council on Monday, November 21, 2022 by clicking HERE.

Participation and Nov. 21 Agenda > HERE.


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