Councilmembers on Monday night unanimously approved a first reading of a new ordinance designed to stay on top of the latest state housing laws. The laws governing the approval process for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) went into effect on Jan.1, 2025.
JADUs are “typically bedrooms in a single-family home that have an entrance into the unit from the main home and an entrance to the outside from the JADU. The JADU must have cooking facilities, including a sink, but is not required to have a private bathroom,” according to the California Department of Housing and Community Development. ADUs are more commonly known as granny flats, in-law units, backyard cottages, secondary units and more.
New state legislation places further limits on the city’s ability to regulate ADUs and JADUs (including unpermitted ADUs and JADUs). The city says that:
Recommended revisions to Piedmont’s ADU ordinance would provide consistency with new requirements being imposed under new state laws as follows:
* Allow an uncovered parking space to be used for an ADU or JADU without requiring replacement parking (SB1211)
* Allow up to 8 detached ADUs on a multi-family residential project, with the maximum equal to the number of primary multi-family units on the lot (SB1211)
* Develop procedures for approval of an unpermitted ADU or JADU (AB2533)
AB 2533 seeks to legalize and permit previously unpermitted ADUs and JADUs constructed before January 1, 2020. These legalized units contribute towards housing production goals, and Mayor Betsy Andersen said she hoped that this step will encourage people in the community with currently unpermitted ADUs and JADUs to come forward and get permits.
In recent years, the California Legislature has enacted bills that reduce local discretionary control over the development of ADUs and JADUs. Recent examples include legislation requiring ministerial approval of ADU and JADU applications within 60 days, authorizing ADUs on lots with multi-family dwellings, prohibiting local agencies from imposing more restrictive local development standards (e.g., height and setbacks) beyond state-set limits, and requiring local agencies to allow ADUs to be sold separately from a lot’s primary dwelling if certain conditions
are met.
Governor Gavin Newsom signed into law AB 1332 in October 2023, and AB 2533, and SB 1211 in September 2024, all of which went into effect on January 1, 2025.
Piedmont’s Planning Commission reviewed the proposed amendments to the zoning ordinance at a public hearing at a Dec. 9, 2024 meeting. The Commission unanimously recommended that the Council adopt the proposed updates at that time, and the Council is expected to approve the updates at its Jan. 21 meeting.
Planning to build an ADU or want to add a JADU to your property? Find information about the permit process on the city’s website HERE.