PARKING REQUIREMENTS, PARKING SPACE SIZES, ZONE USE CHANGES, ACCESSORY STRUCTURES, SETBACKS, INCREASED STAFF APPROVALS , ETC. –

Monday, July 11, 2016 at the end of the regular Planning Commission meeting, proposed changes to Piedmont’s zoning ordinance Chapter 17 of the City Code will be considered.

In general, the proposals reduce restrictions and requirements for building in Piedmont, easing approvals. Planning Staff is proposed to play a larger role in approving building permit design review and various applications currently determined by the Planning Commission. Reduced parking requirements, accessory structures permitted within setbacks, variances, zone use changes, in ground improvements eliminated as lot coverage, and other permissive changes are being considered.

The Chapter 17 hearings have all been scheduled at an undetermined time at the end of lengthy Commission meetings.  

Each consideration by the Planning Commission has been labeled a “Public Hearing.” Those requesting notice of the hearings have been advised.

“two special [future] sessions of the Planning Commission have been scheduled for the evenings of Tuesday, July 26 and Tuesday, August 30, 2016, both of which will be dedicated to discussions of Chapter 17 revisions.”

The Planning Commission will make recommendations to the City Council, who will determine what changes should be made to Chapter 17.

Below is the Staff report Conclusion prepared for the July 11, 2016 Commission meeting.

CONCLUSION: There are many reasons to make amendments to Chapter 17. Some revisions, such as eliminating barriers to housing and allowing reasonable accommodation for persons with special needs. are mandatory in order to bring the Code into compliance with the General Plan and Housing Element. Other revisions are more discretionary but equally important to better serve the community. In the preparation of this report, staff’s intent was to continue the discussion on topics that may lead to the improvement of the Code, and to seek direction from the Commission on those revisions it would like to see incorporated into the Code.

NEXT STEPS: During Planning Commission meetings in the next few months, staff will return with subsequent reports outlining additional potential revisions to the Code, including but not limited to: changes to the uses and/or regulations for Zone D; refinement of the design review criteria for multistory and upper level additions; and expanded list of projects that would be exempt from design review or that would be subject to Administrative Design Review; modifications to the regulations of wireless communications facilities.

As the Commission provides direction on the revisions it would like to incorporate into the Code staff will create a draft revised Chapter 17. Once all topics have been discussed and directions provided, staff will bring the draft to the Commission for review and request that the Commission make a recommendation to the City Council or direct staff to make further refinements to the revisions and return again with the draft.

Once the Planning Commission has made its recommendation, staff will bring the draft revised Chapter 17 and the Commission’s recommendation to the City Council for its consideration.

The discussions related to this project have occurred and will continue to occur at regularly scheduled Planning Commission meetings. In addition, two special sessions of the Planning Commission have been scheduled for the evenings of Tuesday, July 26 and Tuesday, August 30, 2016, both of which will be dedicated to discussions of Chapter 17 revisions.

The project may also be discussed at a special joint meeting of the Planning Commission and City Council before a draft of the ordinance is considered by the Council. During the coming months in which revisions to Chapter 17 will be considered, there will be multiple opportunities for public input, and staff will continue to try to reach out to as many Piedmonters as possible.

Staff has already assembled a list of residents who wish to receive notices and staff reports directly via email. Anybody who wishes to be added to the list may contact the planning office by calling 510-420-3039 or by emailing kjackson@ci.piedmont.ca.us. This report and other staff reports and minutes of Commission meetings at which this project to revise Chapter 17 was discussed can be found on the City’s website at: http://www.ci.piedmont.ca.us/planning-commission-to-consider-changes-to-planning-code/

READ the full staff report for the July 11, 2016 meeting here.

See bottom of this article for additional links.

PRIOR CONSIDERATIONS –

City Code Chapter 17 Modifications

DRAFT Planning Commission Minutes June 13, 2016.  Emphasis added.

Interim Planning Director Jackson began the discussion by reviewing the Chapter 17 revisions that the Commission directed Staff to make at the April 11 Planning Commission meeting. He also noted the topics for immediate discussion.

Prior to the discussion on each topic, Interim Planning Director Jackson provided the Commission with context for the comprehensive revisions to the zoning code. He explained that some revisions are proposed to address the goals and policies of the General Plan and other policy documents, but that a host of other revisions are proposed to better serve the public interest. He referred to research on the approval of variances in Piedmont to question whether the public interest is being served with the current code.

Interim Planning Director Jackson reported that 80% of the variances acted upon since 1996 have been approved. He pointed out that this figure required a review of the City’s current code requirements. He also noted that applicants have to pay a fee for variance applications. He explained that during the 2009 General Plan update and the 2015 Housing Element Update, Staff recognized that the public would be served by modifications to the Municipal Code.

Correspondence was received from: Michael Henn, David Hobstetter. Interim Planning Director Jackson led the Commission through the following discussions of various potential changes to the Municipal Code:

Reduce Parking Space Dimensions

At the April 11 Planning Commission meeting, the Commissioners directed Staff to draft code language for the reduction in the parking space dimensions, but they were not yet ready to choose what those dimensions might be. Upon direction from the Commission, Staff conducted a survey of parking space sizes required by other jurisdictions and collected more information regarding parking variances in Piedmont. Interim Planning Director Jackson reported that the survey of other jurisdictions does not provide a clear indication of what size parking space might be appropriate, but that variance research from Piedmont shows a 90% approval rating in variances for parking space size. He suggested that the Commission might consider reducing the minimum parking space size to 8.5 feet by 18 feet.

The Commission unanimously directed Staff to move forward with the code modifications related to revising the parking space dimensions to 8.5 feet by 18 feet.

Relax the Requirements on the Number of Parking Spaces Required

Interim Planning Director Jackson reported that many jurisdictions simply require 2 parking spaces per dwelling unit or allow additional parking spaces to be uncovered or tandem. He also reported that variance research from Piedmont shows an 85% approval rating in variances from the required number of parking spaces. He suggested that the Commission might consider allowing a parking exception for up to four bedrooms, allowing tandem or uncovered parking to comply, or relaxing the parking requirements in other ways.

The Commissioners discussed the topic at length, and questioned whether the parking requirements should be based on the number of bedrooms, the house square footage, the intensity of use, the parking situation in the neighborhood, or other site characteristics. Commissioner Theophilos acknowledged the Commission’s leniency, but was hesitant to make changes to the code for fear that the 15% of projects that are currently not approved would be permitted. He argued that the decision should be subjective and based on the parking situation in the neighborhood.

Commissioner Ramsey suggested that the current regulations are similar to those you would find in a more auto-oriented community, and he warned that strict compliance with these regulations would slowly change the neighborhoods. He expressed concern for the high approval ratings of variances, which he said indicates that the Code is not in line with the built environment. He suggested that innovative solutions, such as tandem parking, would help to keep the historic character of Piedmont while still accommodating the intent of the code.

Commissioner Jajodia questioned whether adding a fourth bedroom was really intensifying the use of a property and argued that the threshold for adding another parking space should be much greater than adding one bedroom. She also suggested that regulations that are too restrictive can sometimes preclude good design.

Ultimately, the Commission came to a consensus and directed Staff to move forward with the following code modifications:

 – Allow a property owner with nonconforming parking to add bedrooms, up to 4 total, if

uncovered and/or tandem spaces exist on site that are not in the 20-foot front (street) setback. The total number of spaces should be that required by code: two.

– Modify Section 17.16.1 to allow consideration of available street parking and existing street width as criteria in determining as to whether to strictly apply the parking requirements. Such a modification would provide flexibility to require covered non-tandem parking if on-street parking is congested and the proposed construction is seen to have an adverse impact on neighborhood congestion.

Allow Accessory Structures within the Side and Rear Setbacks

Interim Planning Director Jackson asked the Commission for direction on whether to allow limited-sized Accessory Structures within the side and rear setbacks. He explained that this change would allow small garages to be located along alleys and rear and side property lines.

The Commission unanimously directed Staff to move forward with the code modifications related to measuring setbacks to Accessory Structures.

Amend Structure Coverage to Not Include Site Features

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