Few small California cities decide to create such lengthy new ADU ordinances as Piedmont’s 112 page opus.  Nevertheless, their brief updates retain public notice to neighbors, contain requirements that are sensitive to the privacy challenges of squeezing in additional people in close quarters, etc.

San Marino, CA has adopted a 14 page ordinance expressing compliance with AB 68, AB 587, AB 881, and SB 13.   An early statement in the ordinance is:

“The City shall not approve an application for an ADU unless the ADU satisfies all of the standards provided in the ordinance.”

Among San Marino’s requirements for a complete application prior to obtaining an ADU/JADU building permit: a recorded deed restriction, rental period of no less than 90 days,  letters of service availability for sewer and water, utility services may not be separate from the primary residence, tree removal permit, grading permit, a 10 foot fire lane within 150 feet of the ADU and a minimum fire flow of 1000 gallons per minute.

Read the whole ordinance here.

San Carlos, CA is in the process of updating its ADU ordinance and is recommending several interesting requirements:

– Prohibit all balconies and second-story decks on ADUs on top of detached garages; prohibit roof decks above accessory structures to reduce privacy impacts

– Require opaque windows when facing immediately adjacent side and rear neighbors.

– Detached ADUs shall not occupy more than 50% of the required rear yard area.

Read the report here.

Mill Valley, CA is also preparing to update its ADU ordinance and is considering several of these requirements:

Additional Design Standards:

• No internal connections to primary residence; 
• ​A closet required for every bedroom space (defined in the draft ordinance);
• ​The primary residence must comply with parking standards (2 off-street parking spaces and 1 guest space when on-street parking not available); and
• At least 1 parking space required for the ADU.

Additional Requirements and Deed Restrictions:

• Require the ADU to be rented to an “Affordable Household” (Moderate, low or very low income affordability levels, as defined in the Draft Ordinance), or to an adult immediate family member (defined in the Draft Ordinance).
• ​Require annual owner verification of renting the ADU space, including submittal of the rental agreement documenting the rent charged, household size, and gross household income.  

Read the report here.

Piedmont City Council’s first consideration of the ADU ordinance will take place on Tuesday, January 21, 2010, 7:30 p.m., City Hall.  See prior PCA reports for further details.

Piedmont City Council, Tuesday, Jan. 21, 2020, 7:30  p.m., City Hall – viewable on the City website under videos.

At the Piedmont Planning Commission on Jan. 13th, numerous questions arose regarding changing Piedmont’s ordinances for Accessory Dwelling Units (ADUs) to conform to City staff interpretation of newly passed state laws.  Some of the issues raised were parking, notice, public input, number of people living in an ADU, safety, distance from public transit, staff review process, design review considerations, plantings, landscape requirements for privacy, construction plans, necessity to act prior to complete information, etc.

Four of the Planning Commissioners, voted to recommend approval to the City Council, with one opposed (Levine).

An important question has arisen regarding the necessity of moving ahead with a new Piedmont ordinance prior to the California Department of Housing and Community Development issuing a directive on how the new laws are to be implemented.  Piedmont’s Planning Staff acknowledged publicly it had been challenging to meld three new statutes together because of conflicts and lack of clarity.  Some community members have indicated the proposal includes unnecessary items while excluding items as noted above.

Nowhere in the staff documentation is there a direct correlation between the new state laws and the proposed changes to Piedmont’s laws. 

Given that the new state laws may (unless Charter cities are ruled exempt on zoning) preempt any conflicting Piedmont ordinances not complying with the new state laws, it has been stated that a hasty adoption of an incomplete new ordinance is not in Piedmont’s favor and should not be enacted by the Piedmont City Council until issues are resolved.

According to the Piedmont Planning Department, State laws place limits on a local jurisdiction’s ability to regulate ADUs (Accessory Dwelling Units) and Junior Accessory Dwelling Units (JADUs).  The staff report does not quote the relevant State law language for each inconsistency it cites.

READ the proposed Ordinance  HERE.

Comments can be sent to the Piedmont City Council for their first consideration on Tuesday, Jan. 21 by clicking below. 

> citycouncil@piedmont.ca.gov.

To send comments via U.S. Mail, use the following address: Piedmont City Council c/o City Clerk, 120 Vista Avenue, Piedmont, CA 94611.

~~~~~~~~~

The staff recommended revisions to Piedmont’s ADU ordinance to address the identified inconsistencies with state laws are:

a. Once an application for an ADU has been deemed complete, the City has 60 days to take action on it, rather than the currently required 120 days.  What action does state law require and does it require the proposed changes immediately? 

Contrarily, if approved by the legislature and Governor, SB 50 would require beginning after January 1, 2023 creating new inconsistencies:

A local agency must notify a multi-family development proponent if the application does not qualify for ministerial approval within 60 days.  (However, a local agency could exempt a project from streamlined ministerial approval if the project will cause a specific adverse impact to public health and safety.)  To qualify, the project must be constructed on vacant land or convert an existing structure that does not require substantial exterior alteration into a multifamily structure, consisting of up to 4 residential dwelling units and that meets local height, setback, and lot coverage zoning requirements as they existed on July 1, 2019.

b. ADUs must be allowed in every zone in which residential use is allowed. In Piedmont, this is every zone.

c. A requirement for owner occupancy on the property is no longer allowed, at least through 2025.

d. Architectural review of construction related to an ADU is allowed, but it must be done ministerially without public hearing.

e. Any minimum size standard for an ADU must allow 850 square feet for studio or one-bedroom units, and 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (The current code limit is 800 square feet.)

f. When a garage or carport is demolished or converted for the purpose of creating an ADU, no replacement parking can be required, and existing nonconforming setbacks and coverage can be retained.

g. In addition to a regular ADU, the City must also allow a JADU. Both an ADU and a JADU can be constructed on a single lot.

h. There are four categories of ADUs the City must approve by right:

1. One ADU and one JADU within the existing building envelope of a single family dwelling, with an expansion of up to 150 square feet for ingress and egress.

2. On a lot with a single-family dwelling: A detached ADU that is not more than 800 square feet, that is no more than 16 feet in height and is set back at least 4 feet from side and rear property lines.

3. Within existing multi-family residential buildings: multiple ADUs converted from areas not currently used as living space (at least 1 ADU and not more than 25 percent of existing dwelling units).

4. Not more than two detached ADUs on a lot with an existing multi-family residential building that are no more than 16 feet in height and are set back at least 4 feet from side and rear property lines.

BACKGROUND: Current Regulations

The City adopted the current regulations for accessory dwelling units in May 2017. In brief, the current regulations require an owner of a single-family dwelling to seek an accessory dwelling unit permit to create an ADU as a dwelling unit independent of the primary residence. Except for Exempt ADUs (those created before 1930) either the primary or accessory dwelling unit must be owner occupied. The ADU may be attached or detached, but must have a separate exterior entrance.

As required by state law, an application for an accessory dwelling unit permit must be processed ministerially (without a public hearing) if it meets all the standards required for the ADU permit. New buildings or changes to buildings that are intended to contain the ADU require separate design review and building permits and must meet design review criteria and zoning provisions for buildings, or a variance from those provisions.

Revision of Incentives for Affordable Housing

The current code imposes a limit of 800 square feet on all ADUs and authorizes the Planning Commission to grant an exception to the size limit for units up to 1,000 square feet if the owner agrees to rent the unit to a low income household for a period of 10 years,

Page 2 of 112  – or 1,200 square feet if the owner agrees to rent the unit to a very low income household for a period of 10 years (Sec. 17.38.070.C.1).

Since May 2017, the City has received no applications for an ADU requesting an exception from the unit size requirement and has approved no ADU permits with a rent restriction.

The state law changes the minimum size standards permitted under local regulation, requiring revision of the City’s exception provisions. In accordance with Government Code section 65852.2(a)(3), it is recommended that exceptions to size requirements to provide an incentive to create affordable housing be processed ministerially.

City of Piedmont General Plan Housing Element

The majority of the General Plan Housing Element for 2015-2023 (separately available on the City’s website) is devoted to ADUs (referred to as second units in the Element) because, as a built-out city, ADUs are the main means by which the City is able to provide new housing units, either market rate or affordable.

Housing Element policies and programs that relate to ADUs include the following:

Policy 1.2: Housing Diversity. Continue to maintain planning, zoning and building regulations that accommodate the development of housing for all income levels.

Policy 1.5: Second Units. Continue to allow second units (in-law apartments) “by right” in all residential zones within the City, subject to dimensional and size requirements, parking standards, and an owner occupancy requirement for either the primary or secondary unit. Local standards for second units may address neighborhood compatibility, public safety, and other issues but should not be so onerous as to preclude the development of additional units.

Policy 1.6: Second Units in New or Expanded Homes. Strongly encourage the inclusion of second units when new homes are built and when existing homes are expanded.

Program 1.C: Market Rate Second Units. Maintain zoning regulations that support the development of market rate second units in Piedmont neighborhoods.

Policy 3.1: Rent-Restricted Second Units. Continue incentive-based programs such as reduced parking requirements and more lenient floor area standards to encourage the creation of rent restricted second units for low and very low income households.

Policy 3.2: Occupancy of Registered [Permitted] Units. Encourage property owners with registered [permitted] second units to actively use these units as rental housing rather than leaving them vacant or using them for other purposes. Page 3 of 112

Policy 3.3: Conversion of Unintended Units to Rentals.Encourage property owners with “unintended second units” to apply for City approval to use these units as rental housing. “Unintended” second units include spaces in Piedmont homes (including accessory structures) with second kitchens, bathrooms, and independent entrances that are not currently used as apartments.

Policy 3.4: Legalization of Suspected Units. Work with property owners who may be operating second units without City approval to legalize these units. Where feasible and consistent with the health and safety of occupants, consider planning and building code waivers to legalize such units, on the condition that they are rent and income restricted once they are registered.

Policy 3.5: Second Unit Building Regulations. Maintain building code regulations which ensure the health and safety of second unit occupants and the occupants of the adjacent primary residence.

Policy 4.4: Updating Standards and Codes. Periodically update codes and standards for residential development to reflect changes in state and federal law, new technology, and market trends.

Policy 5.2: Second Units, Shared Housing, and Seniors. Encourage second units and shared housing as strategies to help seniors age in place. Second units and shared housing can provide sources of additional income for senior homeowners and housing resources for seniors seeking to downsize but remain in Piedmont.

CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22: In September 2019, Governor Gavin Newsom signed AB 68, AB 881, and SB 13 into law.  

Read the full Planning Department Report by clicking below

Planning-ADU-Report-2020-01-13

No Digital Gadget Exposure for Kids of Tech Elite

Many Silicon Valley leaders prohibit exposure of their children to digital gadgets, including iPads, smartphones and even banning use by their nannies while at work.  Several current reports suggest why these parents are making this choice.

The National Education Policy Center at University of Colorado, Boulder, found “self-interested advocacy by the technology industry” as a factor in investing in installing and using digital devices in classrooms.

Personalized Learning and the Digital Privatization of Curriculum and Teaching   Faith Boninger, Alex Molnar, and Christopher Saldaña    April 30, 2019   Read more here.

Researchers have now produced actual evidence questioning the use of digital gadgets in schools.  Quotes from the report in the January/February 2020 Massachusetts Institute of Technology Technology Review:

“Teachers don’t know much about how well digital tools work, but they support using them.”

“Most students in the US are using ed tech tools every day.”

“College students who used laptops or digital devices did worse on exams.”

“Eighth graders who took Algebra I online did much worse than those who took the course in person.”

To read the whole article  (online by subscription only) and see the data and charts begin on page 18 of the paper January/February 2020 Massachusetts Institute of Technology Technology Review.

No more single-family housing zones in Piedmont.

Piedmonters who falsely relied on Piedmont’s City Charter and voters rights to protect single-family zoning in Piedmont have lost their authority under new state legislation changing Piedmont and housing in California by opening development opportunities while eliminating Charter City rights and public input in determining  housing requirements.  

Piedmont housing is dramatically impacted by the signing in October 2019 of state legislation AB 68, AB 881, and SB 13.  The legislation was unopposed by Piedmont’s City Council.  The laws essentially eliminate Piedmont’s  single-family zoning which was controlled by Piedmont’s City Charter and voting rights.

While some cities strenuously resist AB 68, AB 881, and SB 13, Piedmont’s City Council guided by the Piedmont Planning Department has stepped in line to become a different city by discarding Piedmont voters’ rights specified in the Piedmont City Charter to either support or oppose the changes.

Developers for decades, who have wanted to change and densify Piedmont, will now have “by right” without public input the ability to densify  Piedmont properties up to 3 units on a former single-family property.

At 5:30 p.m. on January 13, 2020, the Piedmont Planning Commission will review an ordinance amending Chapter 17 (Planning and Land Use) of the City Code to conform the City’s regulations regarding Accessory Dwelling Units to new state laws and make a recommendation to the City Council.  See staff report below.

A week later, at 7:30 p.m. on January 21, 2020, the City Council will consider the proposed ordinance and the recommendation of the Planning Commission and could approve the first reading of the ordinance.

Both meetings will be  held at City Hall, 120 Vista Avenue, City Council Chambers and will be televised via the City website under videos.

Background – 

On January 1, 2020, new state laws came into effect which limit a local jurisdiction’s ability to regulate Accessory Dwelling Units (ADUs). These units are frequently referred to as “Granny Units” or “Secondary Units.” With the new legislation, parcels can contain up to 3 units without the owner being a resident. 

The Piedmont staff believes and interprets existing state law to require extensive reduction in resident planning for a desirable single-family community.

  According to the staff provisions affected by the changes to state law include, but are not limited to:

• ministerial review and approval of all ADU permit applications= no public hearings  or neighborhood input
• off-street parking requirements = off-street parking requirements eliminated
• garages can be converted to ADU’s with no set back requirements
• unit size limitations on applications = size increases 
• approval timelines = 60 day term
• owner occupancy requirement  = owner no longer needs to be a resident on the property
• allowance for junior accessory dwelling units (JADUs) = Small ADU
• ADUs on multi-family properties = increased densities
• ADUs that must be approved by-right
• allowance for 3 dwelling units on a property
• setback requirements in certain situations = eliminated

“Local laws which do not conform to these new state standards are preempted and cannot be enforced. City staff has developed the proposed ordinance which will be considered by the Planning Commission and the City Council to conform Piedmont’s ADU regulations to the new state law.”  Piedmont Planning Department

Link to staff report:

https://piedmont.ca.gov/UserFiles/Servers/Server_13659739/File/Government/Departments/Planning%20Division/Planning-ADU-Report-2020-01-13.pdf

Documents on the City Website

Documents related to this effort are available on the City website. A staff report to the Planning Commission dated January 13, 2020 is provided on the website (see Agenda Report mid-webpage). It includes the proposed changes that will bring the City’s regulations for ADUs into compliance with the new state laws, while preserving the City’s rent-restricted ADU program, as well as the City’s ability to regulate ADUs and JADUs.

The Planning Commission’s responsibility is to make a recommendation for consideration by the City Council, which is the decision-making body. The City Council staff report for this item will be posted on the City website no later than 12 noon on Friday, January 17, 2020.

Public Engagement:

Following no consideration of the legislation by the Piedmont City Council, the legislation was signed in October 2019.  Piedmont is now moving to an expedited review and rapid adoption of a new ordinance, which does not comply with the Piedmont City Charter.

According to the City, the opportunity for public input is available throughout this rapidly moving process. Interested members of the public are encouraged to attend the public meetings. Both the Planning Commission meeting on January 13, 2020 and the City Council meeting on January 21, 2020 will be televised live on KCOM-TV, the City’s government access TV station and available through streaming video on the City’s web site at piedmont.ca.gov/

Written comments regarding the proposed ordinance may be sent to the City Council and Planning Commission via email to: :@piedmont.ca.gov. Comments intended for the Planning Commission’s consideration preferably should  be submitted by 5 p.m., Thursday, January 9, 2020 for distribution to the Planning Commission.

Comments can be sent to the Piedmont City Council for their first consideration on Jan. 21. 

> citycouncil@piedmont.ca.gov.

To send comments via U.S. Mail, use the following address: Piedmont City Council c/o City Clerk, 120 Vista Avenue, Piedmont, CA 94611.

If you have questions about the ordinance, contact Planning & Building Director Kevin Jackson by email at kjackson@piedmont.ca.gov. Any correspondence sent to the City will be considered a public record.

Contact: Kevin Jackson, Planning and Building Director at Tel: (510) 420-3039   Fax: (510) 658-3167  kjackson@piedmont.ca.gov.

A number of Piedmonters are registered as “No Party Preference” and may not realize they may not be able to vote by mail for  nominees in California’s Presidential Primary on March 3, 2020, unless they changed their registration prior to January 2, 2020.

Piedmonters are confused by the following statement on the Alameda County Registrar of Voters website:

All registered voters in Alameda County are eligible for this Presidential Primary Election.

Change your party affiliation at any time by filling out a new registration form; you can use the Online Registration Form. Be sure to re-register at least 15 days prior to the next election in order for the change to take effect for that election.

However, in late December, 2019 the Alameda County Registrar of Voters  mailed notices to every Piedmonter registered as “No Party Preference” stating:

You are currently registered to vote as No Party Preference.  You will receive a vote-by-mail ballot for the March 3, 2020 Presidential Primary Election that does not include candidates for U.S. President unless you return this postcard” [with a party selection] “by January 2, 2020.”

Some citizens did not see this notice until after the holidays.

Piedmonters registered as “No Party Preference,” who wish to vote for a party candidate in the presidential primary on March 3, 2020 Presidential Primary Election, are encouraged to re-register at least 15 days prior to March 3 here and then go to the polls to vote in person on March 3.