Piedmont Municipal Code Div. 17.28 Zone E: Estate Residential

Zone E is established for estate residential homes, which tend to be larger lots. The purposes set forth for Zone A also apply to Zone E.

The following are permitted uses in Zone E:

A. Single-family residence.

B. Rented room, subject to section 17.40.020, or short-term rental, subject to a short-term rental permit under section 17.40.030.

C. Accessory dwelling unit, subject to division 17.38.

D. Small family day care home in accordance with California Health and Safety Code sections 1597.43 - 1597.47.

E. Manufactured and mobile homes on a permanent foundation.

F. Low barrier navigation centers.

G. Residential care facilities or group homes that provide licensable services for up to six residents.

H. Residential care facilities or group homes that do not provide licensable services.

I. Supportive housing and transitional housing developments.

J. Accessory structures with accessory uses located on the same lot as the primary structures under this section.

K. Employee housing for 6 or fewer persons. (Ord. 772 N.S., 03/2024)

The following are allowed as conditional uses in Zone E:

A. Wireless communication facility, subject to a wireless communication facility permit (rather than a use permit) under division 17.46.

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B. Residential care facilities or group homes that provide licensable services for seven or more residents.

C. Large family day care home in accordance with California Health and Safety Code sections 1597.43 - 1597.47. (Ord. 772 N.S., 03/2024)

of all uses in Zone A, except those listed in Section 17.20.040.B:

Zone A requirements

Lot area Minimum 8,000 square feet, subject to exception for accessory dwelling unit construction set forth in division 17.38 or for a lot split under SB 9 set forth in division 17.54.

Frontage, on public or private street Minimum 60 feet, subject to an exception for a lot split under SB 9 as set forth in division 17.54.

Lot coverage; Landscaping Maximum 40% lot coverage for primary and accessory structures, subject to exception for accessory dwelling unit construction set forth in division 17.38. (A site feature is not calculated in the lot coverage if (1) the feature is not more than 7 feet height and (2) the total of all site features is 400 square feet or less.) Minimum 30% landscaping, subject to exception for accessory dwelling unit construction set forth in division 17.38.

Structure height Maximum 35 feet, except accessory dwelling units shall be subject to restrictions set forth in division 17.38.

Street yard setback Minimum 20 feet for primary or accessory structure, subject to exception for accessory dwelling unit construction set forth in division 17.38. However, structure to support pedestrian and vehicular access, such as retaining walls and driveway bridges, not taller than 8 feet, shall be allowed in the street yard setback.
No minimum setback for a site feature, but a site feature may require a design review permit under division 17.66.

Side yard and rear yard setback Minimum 5 feet for a primary or accessory structure, unless the yard is street facing, in which case the minimum is 20 feet, except that a setback of only 4 feet is required for a new structure to be used as an accessory dwelling unit, and no setback is required for conversions of an existing structure to

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an accessory dwelling unit or portion thereof in the same location and same dimensions.** However, an accessory structure may be located anywhere within the side and rear setback areas except that it: (a) must be located within 35 feet of the rear lot line; (b) must be located at least 5 feet from a habitable structure on an abutting property, and, for a corner lot, at least 5 feet from a side lot line of an abutting property to the rear; (c) may not exceed 15 feet in height; and (d) may not be habitable. A dwelling unit developed under SB 9 is subject to a 4 foot side and rear setback.
A site feature proposed within these distances may require a design review permit under division 17.66. Floor area ratio*

Subject to exception for accessory dwelling unit construction set forth in division 17.38 or for a dwelling unit developed under SB 9 set forth in division 17.54: Maximum 55% of the lot area if the parcel is 5,000 square feet or less. Maximum 50% of the lot area if the parcel is 5,001 square feet to 10,000 square feet. Maximum 45% of the lot area if the parcel is more than 10,000 square feet.

• In order to encourage development within the existing building envelope instead of building outwards or upwards, the floor area ratio standard is not applied to finishing an area into habitable space if: (1) there is no expansion of the exterior building envelope; and (2) the owner has not obtained a final inspection within the prior three years on a building permit issued for an expansion of the building envelope. (Ordinance 772 N.S., 03/2024) ** Pursuant to Government Code section 65852.2(a)(1)(D)(vii). (Ord. 747 N.S., 02/2020, Ord. 768 N.S., 01/2023, Ord. 772 N.S., 03/2024) Please refer to division 17.54 for standards for a lot split and two-unit housing developments performed under SB 9.”

SECTION 4 – AMENDMENT OF SUBSECTION 17.28.040.A

Subsection 17.28.040.A of Section 17.28.040 [Regulations] of the City Code is amended in its entirety to read in its entirety as follows:

“A. The following development standards apply to the development of all uses in Zone E, except those listed in Section 17.28.040.B.:

Zone E requirements

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Lot area Minimum 20,000 square feet, subject to exception for accessory dwelling unit construction set forth in division 17.38 or for a lot split under SB 9 set forth in division 17.54 Frontage, on public or private street Minimum 120 feet, subject to an exception for a lot split under SB 9 as set forth in division 17.54 Lot coverage; landscaping Subject to exception for accessory dwelling unit construction set forth in division 17.38:
Maximum 40% lot coverage for primary and accessory structures. (A site feature is not calculated in the lot coverage if (1) the feature is not more than 7 feet height and (2) the total of all site features is 400 square feet or less.) Minimum 40% landscaping. Structure height Maximum 35 feet, except accessory dwelling units shall be subject to restrictions set forth in division 17.38. Street yard setback Minimum 20 feet for primary and accessory structure, subject to exception for accessory dwelling unit construction set forth in division 17.38. However, structure to support pedestrian and vehicular access, such as retaining walls and driveway bridges, no taller than 8 feet, shall be allowed in the street yard setback.
No minimum setback for a site feature, but a site feature may require a design review permit, under division 17.66. Side yard and rear yard setback Minimum 20 feet for primary or accessory structure, unless the yard is street facing, in which case the minimum is 20 feet, except that a setback of only 4 feet is required for a new structure to be used as an accessory dwelling unit, and no setback is required for conversions of an existing structure to an accessory dwelling unit or portion thereof in the same location and same dimensions.** However, an accessory structure not to be used as an accessory dwelling unit may be located anywhere within the side and rear setback areas except that it: (a) must be located within 35 feet of the rear lot line; (b) must be located at least 5 feet from a habitable structure on an abutting property, and, for a corner lot, at least 5 feet from a side lot line of an abutting property to the rear; (c) may not exceed 15 feet in height; and (d) may not be habitable. These distance requirements for an accessory structure also apply to a garage or carport attached to a primary structure. No minimum setback for a site feature, but a site feature may require a design review permit under division 17.66.
A dwelling unit developed under SB 9 is subject to a 4 foot side and rear setback.
Floor area ratio* Subject to exception for accessory dwelling unit construction set forth in division 17.38, or for a dwelling unit developed under SB 9 set forth in division 17.54:

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Maximum 55% of the lot area if the parcel is 5,000 square feet or less. Maximum 50% of the lot area if the parcel is 5,001 square feet to 10,000 square feet. Maximum 45% of the lot area if the parcel is more than 10,000 square feet.

• In order to encourage development within the existing building envelope instead of building outwards or upwards, the floor area ratio standard is not applied to finishing an area into habitable space if: (1) there is no expansion of the exterior building envelope; and (2) the owner has not obtained a final inspection within the prior three years on a building permit issued for an expansion of the building envelope.
  ** Pursuant to Government Code section 65852.2(a)(1)(D)(vii). (Ord. 743 N.S., 05/2018, Ord. 747 N.S., 02/2020, Ord. 768 N.S., 01/2023, Ord. 772 N.S., 03/2024, Ord. 788 N.S., 2/2026)

Please refer to division 17.54 for standards for a lot split and two-unit housing developments performed under SB 9.

B. In Zone E, for uses other than those listed above, the development standards are as follows:

1. Wireless communications facility as provided in division 17.46.

C. For lots that are larger than 5,000 square feet, an ADU shall be constructed:

a. when a new single-family residence is proposed on a vacant lot. b. when an existing single-family residence is demolished for a remodel or reconstruction, except when a single-family residence is being reconstructed to the same or similar square footage due to damage or destruction by accident, fire, flood, earthquake, or other act of nature. (Ord. 772 N.S., 03/2024)

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