Division 17.42 — ADDITIONAL BEDROOMS IN EXISTING DWELLING UNITS

Sections

• 17.42.010 Purpose and intent

• 17.42.020 Permit requirement 17.42.030 Permit application and review procedures 17.42.040 Standards

The State Legislature has declared that local jurisdictions cannot adopt or enforce an ordinance requiring a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling unit. (Gov't. Code § 65850.02.)

The regulations in this division are intended to establish a ministerial process with no public hearings for projects proposing additional bedrooms as provided in Government Code 65850.02. (Ord. 768 N.S. 01/2023)

• A. Additional bedroom permit. Construction of not more than two additional bedrooms within an existing dwelling unit shall be permitted upon issuance of an additional bedroom permit by the Director, as provided in this Division.

• B. Building permit. A building permit shall also be required for modifications of a dwelling unit as set forth in the California Residential Code and other building standards adopted by the City. (Ord. 768 N.S. 01/2023)

A. Application.

1. Application. An owner may apply for permits to construct additional bedrooms in an existing dwelling unit by submitting a complete application to the Director on a form provided by the city.

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2. Application fee. The owner shall pay an application fee in the amount established by City Council resolution.

B. Ministerial review. The Director shall review each application ministerially to determine if the development standards in section 17.42.040 are met. The Director will review the application without notice or public hearing.

C. Decision and conditions. The Director shall render a decision in writing and shall state the reasons for approval or denial. The decision of the Director shall be final. (Ord. 768 N.S. 01/2023)

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The Director may not approve an application for additional bedroom permit unless the project conforms to all of the following standards:

A. The application proposes no more than two additional bedrooms within an existing dwelling unit. Area within an existing dwelling unit shall not include garages, carports, porches, decks, or crawl spaces.

B. The additional bedrooms shall be created solely within existing space of the dwelling unit and no additional expansions of existing space are proposed to be added to the building (e.g., attic dormers and other structural protrusions).

• C. The project meets the requirements of division 17.30 Parking of this Code.

D. Exterior design modifications (e.g., window and door changes) necessary to meet the health and safety requirements of Chapter 8 Building, Construction & Fire Prevention of this Code conform to the standards of the City of Piedmont Design Standards and Guidelines. (Ord. 768 N.S. 01/2023; Ord. 769 N.S., 10/2023)

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