Jan 19 2018

45 Days for Piedmonters to Review Newest Climate Action Plan

New Version Climate Action Plan (CAP 2.0) is available for public review for a 45-day period.

The document can be read HERE.

The new draft Climate Action Plan 2.0, with amendments, and the CEQA Negative Declaration are available on the Climate Action Program page. A limited number of paper copies of the CAP and CEQA Negative Declaration are available for review at the Public Works counter in City Hall at 120 Vista Avenue.

The CAP includes five major strategies intended to reduce GHG emissions:

  • Buildings and Energy:Minimize energy consumption; create high-performance buildings, and transition to clean, renewable energy sources.   The buildings and energy strategy recommends energy efficiency retrofits for existing buildings, enhances energy performance requirements for new construction, increases use of renewable energy, and improves community energy management.

  • Municipal:Minimize the carbon footprint of all city operations and activities, and working to educate the community in concrete actions they can take part of to reduce the overall city’s GHG emissions.The municipal strategy recommends reduction of municipal water use, better solid waste management, reduction of transportation emissions, as well as those that are generated from city buildings and energy use.

  • Waste and Water:Minimize waste and celebrate water as an essential community resource.The waste and water strategy builds on past City successes by increasing waste diversion rates and recommending water conservation measures applicable to both indoor and outdoor water use.

  • Transportation:Create an interconnected transportation system and pattern that shifts travel from personal automobiles to walking, biking, and public transit. The transportation and land use strategy identifies ways to reduce automobile emissions, including improving pedestrian and bicycle infrastructure, enhancing public transit service, and improving the City’s vehicle fleet.

  • Consumption:Increase awareness on consumption choices that will generate less or zero greenhouse gas emissions.The consumption strategy identifies reducing food waste, choosing products and services that will have a smaller or no carbon footprint throughout the complete cycle of demand, production, purchase, transportation, use, and disposal, among others.

    The City of Piedmont invites residents and and business owners to review and comment on the Climate Action Plan 2.0 and CEQA Negative Declaration during a 45-day review period from January 16, 2018 to March 2, 2018. Both the current draft Climate Action Plan 2.0, with amendments, and the CEQA Negative Declaration are available on the Climate Action Program page.

    The Climate Action Plan Task Force is a group of residents with expertise in various aspects of climate solutions who were appointed by the City Council in March of 2017 to assist with this process. The task force has held ten public meetings over the past year to discuss the proposed updates, including a community workshop on November 7th. At its meeting on January 10, 2018, the Task Force discussed the latest draft of the Climate Action Plan and voted to recommend that City Council approve it, with minor amendments.

Contact information for comments and questions noted below:

Kevin Jackson

Planning Director

kjackson@piedmont.ca.gov

(510) 420-3039

 

Dec 1 2017

Cannabis and Piedmont City Code: Monday, Dec. 4

Proposed revisions to Piedmont City Code Chapter 17, Planning and Land Use.

On Monday, December 4th at 7:30 p.m., City Hall, Council Chambers, the City Council will consider revisions to City Code Division 17.48 to regulate cannabis cultivation and facilities in response to changes in State Law.

December 4, 2017 City Council Agenda

Report to City Council regarding regulations related to Cannabis

On November 13, 2017, the Piedmont Planning Commission voted unanimously to recommend City Council adoption of an ordinance amending Division 17.48 of the City Code to regulate private cannabis cultivation and commercial cannabis facilities in response to changes in State law. In order to maintain local control over all cannabis land uses to the fullest extent allowed by law, the recommended regulations will:

  1. a)Continue the current prohibition of all commercial cannabis facilities for cultivation, distribution, transportation, storage, manufacturing, processing, and sales in all zones;
  2. b)Allow personal cannabis cultivation inside private residences, subject to reasonable restrictions; and
  3. c)Allow the delivery of cannabis and cannabis products to individuals within the City limits, subject to reasonable restrictions.

More information on this issue is provided on the City’s website.

Public Participation

Members of the public are encouraged to participate throughout this process by submitting comments and attending the meetings. Written comments may be submitted to the Council via email at citycouncil@ci.piedmont.ca.us or via US Mail addressed to City Clerk John Tulloch at 120 Vista Avenue, Piedmont, CA 94611. All meetings are publicly noticed. In addition, staff maintains a list of community members who wish to receive email notification of proposed revisions to land use regulations in Chapter 17. Contact Planning Director Kevin Jackson at kjackson@ci.piedmont.ca.us or (510) 420-3039.  Fax: (510) 658-3167

This meeting will be broadcast live on Cable Channel 27 and via the City website under videos.

Nov 20 2017

New Marijuana and Cannabis Laws, Denial of Home Remodel as Too Tall for Neighborhood

On November 13, 2017, I attended the Piedmont Planning Commission which meets on the second Monday of each month. On this particular date, the purpose was to discuss the laws regarding marijuana use in Piedmont, as well as to discuss plans for various homes in Piedmont.

The first big issue discussed regarded marijuana regulations in Piedmont. Kevin Jackson, Planning Director, led the discussion. Jackson expressed his desire to minimize recreational and medical use of marijuana and cannabis products in Piedmont. In an effort to maintain Piedmont’s control over the distribution and agricultural growing of the product, Jackson suggested regulations.

Jackson proposed that cannabis products could not be delivered between 9 AM and 7 PM. He also recommended that “marked cars”–automobiles that display that they are cannabis delivery vehicles– be required for deliveries of cannabis.

After Jackson finished speaking, Commissioner Susan Ode added her agreement with these regulations. She also mentioned that other forms of distribution, such as drone delivery, should be addressed in order to limit potential loopholes. The Commissioners discussed and voted, ratifying Jackson’s ordinance to regulate the time and method of delivery of cannabis.  The Commission’s recommendation on the ordinance will be sent to the City Council for their consideration.

The second large issue revolved around a review of a design for a home at 47 Fairview Avenue. The owner of the home, Elliot Brown, wished to increase the height of the home so that his family could have a home better suited for their growing children; he stated that a raised house would also create a stronger “indoor to outdoor flow.”

Eric Behrens, Planning Commissioner, expressed his lack of support for the project due to Piedmont’s desire to maintain the old architecture.

Brown’s neighbor, Dale Turner, offered his thoughts on why he is against the project. Turner mentioned his concern for the height of the home, as the new design would compromise the privacy and take natural sunlight from his residence. In addition, Turner was worried about having the value of his home decrease because of having this large home near the property line.

The last neighbor to add his thoughts was Rick Schiller. Schiller had similar thoughts as Turner, mentioning how the added story of Brown’s home could be invasive to the privacy of the neighbors. He also added that if this project were to be accepted, an undesired precedent would be set that could potentially allow passage of future proposals that would adversely affect neighbors. As an alternative, Schiller suggested that Brown look into expanding his home horizontally or downwards.

The proposal was denied by the Planning Commission.

My personal opinion is that the Planning Commision correctly denied the plan. This plan would potentially invade neighbors’ privacy as well as decrease the value of the nearby homes. There should be a way for Brown to expand the size of his home without obstructing his neighbors light and privacy.

I spoke out during the meeting at the very beginning. I suggested that a sign of some sort should be placed near a road next to my street, Prospect Avenue, to help decrease the danger of cars speeding at a place of poor visibility. The street is so steep that it is nearly impossible to see up or down it when driving. The Planning Commissioners said that they would think about the suggestion and thanked me for my contribution.

I interviewed Dale Turner. A transcript of the interview is below.

Why are you here? What difficulties and problems brought you here? What did you learn? What is your reaction to the meeting?

“I am here to oppose the plans for the remodel of the home at 47 Fairview Avenue because of the design including increasing the mass of the home to such a degree that it would decrease privacy and light in my home. I learned that prior to proposing a remodel, an individual should attempt to inform and get the approval of the neighbors so that the plan will have a higher chance of being accepted. I am satisfied with the decision of the Planning Commission.”

What next step will you take to get your particular concern addressed?

“There is not a next step for me to take, but my neighbor will be responsible for coming up with a new plan that will be accepted by me and the rest of the neighbors.”

by Will Richmond, Piedmont High School Senior

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On November 13th, 2017, I attended the Piedmont Planning Commission meeting at City Hall, which meets on the second Monday of each month. The purpose of the meeting was to cover the proposed revisions of Proposition 64, which legalizes the adult use of recreational marijuana, and discuss proposed housing in Piedmont.

The Planning Commission’s first major issue pertained to the marijuana regulations. Kevin Jackson, Planning Director, expressed concern for the fate of Piedmont as a result of Proposition 64.  Jackson fears that Piedmont’s reputation as a safe community will be tainted as a result of marijuana legalization. Since cannabis would ultimately become more prevalent in Piedmont, Jackson is concerned that children in the community would be more likely to take in the second hand smoke. In order for Piedmont to regulate the distribution of the product, Jackson proposed that cannabis products not be sold between 9AM and 7PM. To better inform Piedmont residents, Jackson believes that cannabis delivery vehicles should be required to be marked clearly so one can be aware where cannabis is being delivered.Additionally, Jackson stated that a person should not be able to have more than seven cannabis plants in the home.

Edwin Wang, a Piedmont High School student in attendance, suggested that the Commission replace the word “marijuana” with “cannabis,” since cannabis is a broader term that covers more products. After discussion, Jackson’s proposals were ratified.

I agree with Kevin Jackson’s argument, because I believe it would be in our town’s best interest to do everything it can to reduce the prevalence of cannabis. Proposition 64 will harm our community, because some minors will be able to pass as 18, which will result in the distribution to middle and high school kids. Reducing the availability of cannabis is the right decision, if Piedmont truly cares about the investments in children’s futures.

The other major issue addressed was the proposed design of 47 Fairview Avenue. Elliot Brown, the homeowner, spoke about his plan to create a home to meet the needs of his family by adding another story to the home. Mr. Brown would like to increase the height of his home because he wants to move rooms away from the kitchen due to food scents.

A member of the Planning Commission, Eric K. Behrens, expressed his unwillingness to support the design due to the Piedmont tradition of preserving original architectural heritage. The architect, Bill Holland, had a compelling argument for increasing the height of the home since the front of the house is uninhabitable due to its low 6’8’’ ceilings.

A neighbor of Elliot Brown, Michelle Turner, was easily able to counter this argument because the proposed design would allow the neighbors to see directly into their third story. This would affect the Turner’s house because the window curtains would always need to be shut for privacy, and when not closed the light from Mr. Brown’s window would reflect back into their home.

After hearing both sides of the argument, Commissioner Susan Ode along with the other Commissioners rejected the proposed design due to its inconsistency with Piedmont patterns and disturbance to the neighbors.

I interviewed Dale Turner, husband of Michelle Turner.

Why are you here? What difficulties and problems brought you here? What did you learn? What is your reaction?

  • “I am here to oppose the application of plans for the neighbor’s remodel. The design mass caused a privacy issue and blocked light. I learned that anybody should inform neighbors of plans before bringing it to the City for approval. My reaction from tonight is that I am satisfied with the decisions of the Planning Commission.”

What is your name?

  • “Dale Turner.”

What is the next step you will take to get your concern addressed?

  • “It is not up to me, the neighbors are responsible for coming up with a new plan that would be approved by the neighbors.”

I spoke and advised that the City should place a stop sign at the bottom of my street at the corner of Crest and Hampton Avenues. This should be a high priority because taking an unprotected left up Crest is extremely dangerous as a driver cannot see oncoming traffic, since it is at the top of a hill. Therefore, in order to turn left onto my street, drivers must essentially guess whether it is an appropriate time to turn. Once I stated my case, the Commission thanked me and I sat down.

by Max Bekes, Piedmont High School Senior

~~~~~~~~~~~~

On Monday, November 13th, the City of Piedmont Planning Commission held a meeting in Piedmont City Hall from 5PM to approximately 7PM.

The meeting began with the standard call to order, leading into a review of the items on the agenda before the Public Forum, in which people may introduce items not on the agenda in order to address the Planning Commission directly. After two Piedmont High School students proposed stop signs in different intersections, which the Planning Commission planned to pass on to the Public Works Department, the meeting’s regular agenda proceeded.

The first item on the agenda was the “consideration of an ordinance revising the land use regulations in the City Code Chapter 17 relating to cannabis” in order to address recent state legislation.

California had recently passed new laws regarding cannabis and the City of Piedmont planned to change the terms used in its ordinances to match the terminology used in state legislation.

A Piedmont High School student spoke on the issue, expressing concern that cannabis was essentially a euphemism for marijuana and requesting that it remain noted in the ordinance that cannabis is the same as marijuana, the Planning Commission responded noting that the only difference between the two was one being a broader term encompassing other forms of cannabis rather than just marijuana to be smoked.

Five other items were on the agenda in which various permits were to be reviewed, each had their own issues and some had neighbors, residents, and architects speak on the behalf of proposals. The applications for permits were regarding construction of various changes to homes including variances, designs and fences.

Oftentimes, the issues of privacy was a major concern, as when one neighbor raises the height of their home, they may block the amount of sunlight on another home and possibly give a direct view into rooms such as master bedrooms and bathrooms. Another potential issue in the approval of a permit was the definition of an uninhabitable space versus a habitable space and how it may have been possible to modify one into the other quite easily.

During one of the considerations, the designers were attempting to make it quite clear that a space was supposed to be made habitable.  However, the Planning Commission noted the ease in which one might change one from the other, changing the home in a drastic way that would be a problem for the Commission.

One such petition included a homeowner who could not make the meeting, and so, on their behalf, only those they had hired spoke.

In an interview of Bill Holland and John Hardgrove following another application in which their request for a permit was denied, they stated their careers oftentimes included presenting such applications to cities in order to do work. Although their application had been denied, they expressed their motivation to continue working and pointed out the homeowner’s willingness to talk to their neighbors, prior to presenting a new application.

When the meeting concluded, many stayed around after the meeting to discuss their next course of action, as well as many homeowners talking to their neighbors about their concerns about the changes to homes. Hopefully, these homes will, in a safe and unobtrusive way, successfully get their desired remodeling and make Piedmont a better, and safer, place for the community to thrive.

by Edwin Wang, Piedmont High School Senior

Editors Note: Opinions expressed are those of the authors.
Nov 7 2017

CLIMATE PLAN: Workshop Tuesday November 7

The workshop will take place on Tuesday, November 7, 2017, from 7:30 – 9:00 pm, at the Piedmont Community Hall, 711 Highland Avenue.
The residential/transportation sector is the largest contributor to Piedmont’s Green House Gas (GHG) so the city is developing it’s next Climate Action Plan with policies that will affect land use, transportation and home construction.  
The meeting is a workshop to provide background on the Plan and obtain input so there will be a lot of back and forth with speakers and the audience
 
And there are special presentations in that regard – Chris Jones of UCB will give a brief presentation on Piedmont’s carbon footprint – this analysis was published in Science and provides new insight into residential GHG sources in Piedmont.  And Council member Tim Rood will provide an update on East Bay Community Energy – this is an energy cooperative that Piedmont joined last year that will give residents the choice to go 100% green in their home energy use.  
 
The workshop  is a great opportunity to learn more about GHG reduction steps you can take in your community.  And to provide ideas for the Climate Action Plan – for residents who want to see the city do more, now is the time to provide comment on the new Plan.
Garrett Keating, Former Councilmember
~~~~~~~~~~~~~

City of Piedmont’s Climate Action Plan Presentation and Community Workshop

On November 7th, the City of Piedmont Planning Department and the Climate Action Plan Task Force will host a community workshop. The workshop will include a presentation of Piedmont’s draft Climate Action Plan (CAP) update, presentations on Piedmont’s carbon footprint, focus group discussions, and information on how Piedmont residents can act as agents of local climate change prevention and mitigation.

The Climate Action Plan Taskforce has met monthly since March to advise staff regarding updates and improvements to Piedmont’s CAP, which was completed in 2010 with goals through 2020. The revised and updated CAP consists of measures that Piedmont residents, business owners, the municipal government and the public and private schools can take to bring Piedmont’s greenhouse gas emissions in line with State emissions reduction targets. The updated plan incorporates current best practices, includes a new section dedicated to climate adaptation and an increased focus on community engagement, since the majority of Piedmont’s greenhouse gas emissions are generated by residential buildings and private vehicles.

Minutes and other materials for previous Climate Action Plan Taskforce meetings are posted on the City website at http://www.ci.piedmont.ca.us/committees/captf.shtml

The final draft of the Plan is expected to be provided to City Council in December of 2017 as an initial step towards the Plan’s adoption in early 2018.

For more information about the CAP or to be added to the project’s email list, please contact Assistant Planner Mira Hahn at mhahn@piedmont.ca.gov or (510) 420-3054.

Nov 6 2017

Cannabis Marijuana Regulations Proposed for Piedmont: November 13

Input is sought.

The Planning Commission will be considering revisions to land use regulations related to cannabis provided in Division 17.48 of the City Code at their regularly scheduled meeting on November 13, 2017. The Planning Commission’s responsibility is to make a recommendation that will be considered by the City Council, which is the decision-making body. The City Council is expected to consider the Commission’s recommendation and conduct a first reading of the proposed ordinance on December 4, 2017.

 Documents on the City Website

The agenda for the November 13, 2017 Planning Commission meeting and the staff report to the Commission are available on the City’s website at www.ci.piedmont.ca.us. Current land use regulations related to cannabis are provided in Division 17.48 of the City Code.

“AGENDA ITEM 3. CONSIDERATION OF AN ORDINANCE REVISING THE LAND USE REGULATIONS IN CITY CODE CHAPTER 17 RELATED TO CANNABIS The Commission will hold a hearing to consider an ordinance to revise City Code Chapter 17 regarding the land use regulations related to cannabis. The proposed revisions are in response to Proposition 64, which legalizes and regulates the adult use of non-medical marijuana (recreational marijuana) in California and Senate Bill 94, known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), which consolidated state laws regarding medical marijuana and adult-use marijuana and introduced more uniform terminology, replacing “marijuana” with “cannabis” and “nonmedical” to “adult-use.” The Commission may take action to make a recommendation of adoption to the City Council. The proposed ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Furthermore, this action is not subject to CEQA pursuant to Business and Professions Code section 26055 (h).”

From the staff report to the Commission:

“PROPOSED REVISIONS TO CITY CODE: It is in the City’s best interest to maintain local control over all cannabis land uses to the fullest extent allowed by law. Although, the City Code currently prohibits all cannabis businesses, it will better serve the public and minimize the potential for confusion regarding the City’s policies by providing updated Code provisions regarding the scope of prohibited conduct and of permissible private cultivation that are consistent with State law. Findings H through Q in the proposed ordinance (Attachment A pages 5-10) list a number of findings that cannabis related activities allowed under MAUCRSA would cause adverse impacts on the public health, safety, and welfare in Piedmont.”

Public Engagement

The opportunity for public input is available throughout this process. Interested members of the public are encouraged to attend the regular meetings at which the Planning Commission and City Council will consider this item.

Questions about the project and requests to receive email notification of activities related to Zoning Code revisions should be directed to Planning Director Kevin Jackson at kjackson@piedmont.ca.gov or (510) 420-3039. Written comments to the Planning Commission on this matter may be submitted care of kjackson@piedmont.ca.gov or by mail to 120 Vista Avenue, Piedmont, CA 94611.

Members of the Piedmont Planning Commission

Roster

Council Liaison: Jennifer Cavenaugh – (510) 428-1442
Eric Behrens
Aradhana Jajodia
Jonathan Levine
Susan Ode
Tom Ramsey
Clark Thiel (Alternate)

 

May 1 2017

Grand Avenue Commercial Zone Activism Produces Changes to Proposed Regulations

Public participation on Piedmont’s Commercial/Mixed Use Zone D regulations on Grand Avenue has generated potential changes.  The Civic Center Commercial/Mixed Use Zone D will remain designated for increased development as previously approved by the City Council.

Approximately twenty participants attended the prior Grand Avenue Commercial/Mixed Use Zone D workshop (April 19, 2017).  The draft changed regulations will be discussed further on:

Wednesday, May 3rd – 6:00 p.m. at the Kehilla Community Synagogue, Fireside Room, 1300 Grand Avenue, Piedmont. Enter on Fairview Avenue through the gate.

The changes appear to be more restrictive for development and more compatible with existing residential neighborhoods.  Those interested in the final proposal will find the May 3rd meeting important. 

Civic Center Commercial/Mixed Use Zone –

Unlike the Grand Avenue Commercial Zone, the Civic Center Commercial/Mixed Use Zone at Highland and Vista Avenues, has already been approved for more development based on 2017 action by the City Council. The properties near or next to the schools (Havens, PHS, PMS, MHS) and residences in the center of Piedmont drew little participation regarding potential impacts including the Piedmont School District, the greater community, or neighboring residents.

A Potential Legal Issue Remains –

A potential legal issue continues based on the City Council changing all of Piedmont’s Commercial Zones to Commercial/Mixed Use without voter approval as noted in Piedmont’s > City Charter. (*See note below at end of this article.)

~~~~~~~

Following the first workshop on the Grand Avenue Commercial /Mixed Use Zone D, changes have been proposed by the Planning staff. Click below to view the proposed changes for Grand Avenue:

 >  Draft Amendments Grand Avenue Subarea 5-3-2017

Editors Note:  The date of the next workshop is noted incorrectly on the Planning Department draft changes documents.  The workshop is May 3 NOT May 1. 

~~~~~~~~~

Letter from Planning Director:

The City of Piedmont will hold the second of two community workshops to consider the Planning Commission’s recommended revisions to the regulations for the thirteen properties along Grand Avenue that are in the City’s commercial/mixed-use zone (Zone D). The regulations under consideration are those related to structure and landscape coverage, building height, setback requirements, and parking. In addition, city staff is recommending a revision to the density of multi-family dwelling units allowed in Zone D mixed-use developments: from the current 12 dwelling units per acre (1 unit per 3,630 SF of lot area) to a proposed 20 dwelling units per acre (1 unit per 2,178 SF of lot area), which would be in conformance with the > Piedmont General Plan. [See note at end of this article]*

Approximately 20 Piedmonters attended the first community workshop on April 19th and participated in a lively discussion. With the comments provided by the participants, City staff has drafted amendments to the Commission’s recommended revisions that address resident’s concerns. The second workshop will be a follow-up to the first workshop and will provide an opportunity for members of the public to review and discuss the proposed amendments. The schedule and location of the second community workshop is as follows:

Follow-Up Community Workshop

You can find more information on the Planning Commission’s recommended revisions to the regulations for the City’s commercial/mixed-use zone (Zone D) by visiting the City’s webpage on the topic.

You are encouraged to provide your comments by attending the workshop and/or by submitting written comments by noon, Wednesday May 3, 2017. You can submit your comments to me,kjackson@ci.piedmont.ca.us or on paper to 120 Vista Avenue, Piedmont, CA 94611.

Background

On March 20, 2017 the Piedmont City Council unanimously adopted a comprehensive update to land use regulations in the City Code. The revised Chapter 17, Planning and Land Use, will be in effect April 19, 2017. However, in taking action to adopt the comprehensive update, the City Council determined that more time was needed to consider the Planning Commission’s recommended revisions to regulations for the Grand Avenue subarea of Zone D, the commercial/mixed use zone. Thus, the regulations for the Grand Avenue Zone D subarea related to structure and landscape coverage, building height, setback requirements, and parking were not updated to allow for additional public engagement and consideration. In addition, city staff will introduce a recommended revision to the density of multi-family dwelling units allowed in Zone D. The two community workshops have been scheduled to provide public engagement and comment before Council takes up the matter again.

Relevant Documents

Please follow the link below to find the regulations in Chapter 17 effective April 19, 2017. Regulations related to structure and landscape coverage, building height, and setback requirements in zone D are found in code section 17.26.050 on pages 18-19. Zone D parking regulations are found in code section 17.30.030, pages 23-24.

>   Chapter 17, Planning and Land Use (Not Codified)

The revisions to Chapter 17, Planning and Land Use recommended by the Planning Commission and being introduced by city staff are shown in tracked changes format in the following document.

>   Recommend Revisions to Divisions 17.26 and 17.30 of Chapter 17, Planning and Land Use

Public Participation

Members of the public are encouraged to participate throughout this process by submitting comments and attending the meetings. Written comments may be submitted to Kevin Jackson, Director of Planning, kjackson@ci.piedmont.ca.us or 120 Vista Avenue, Piedmont, CA 94611. All meetings have been publicly noticed. In addition, staff maintains a list of community members who wish to receive notices and copies of reports directly via email. Anybody who wishes to be added to the list related to revisions to City Code Chapter 17 may contact Planning Director Kevin Jackson at kjackson@ci.piedmont.ca.us or (510) 420-3039.

*Piedmont’s General Plan was approved by the City Council.  Piedmonters did not vote on the General Plan.   Where inconsistencies between the General Plan and the > City Charter present, the City Charter controls. 

< For more PCA coverage on zoning issues, use the PCA search engine on the left side of this page and insert the word  “zoning.”

Apr 23 2017

Piedmont City Council Deferred Action on Short Term Rentals and Grand Avenue Commercial Zone

Despite concern expressed about losing the “small town feel” of Piedmont, the extensive, recommended changes to Piedmont’s zoning regulations were readily approved by the City Council. Two peripheral items were deferred for future Council consideration: short-term rentals and Grand Avenue Commercial Zone D.

    The Piedmont City Council met on March 6, 2017 at 7:30 p.m. in the City Council Chambers at 120 Vista Avenue, Piedmont California.  The meeting began with a motion by Council Member Teddy King, and support by the rest of the Council, to approve the first four items on the consent calendar. Having been discussed by the Council, the fifth consideration was a resolution affirming the action of the Alameda County Mayors’ Conference in passing a resolution condemning violence and hate speech, expressing solidarity with those who have been targeted, and supporting immigrants and refugees. Council members King and  Jennifer Cavenaugh both supported the resolution, agreeing that although it is purely symbolic, it has meaning and is important for opening up discussion about these topics.  Following the consent calendar was the Public Forum.

    The first item on the regular agenda was the introduction and first reading of the revisions to the City Code, including Chapter 17, Planning and Land Use.  Kevin Jackson, the Planning Director, discussed how the revisions aimed to streamline the code and make formatting improvements, along with meeting goals for short-term rentals, parking regulations, and for-profit business regulations, among others.  He also acknowledged that the zoning code is a living document, so these revisions seek only to improve on what already exists and are not necessarily a perfect solution.  Next, Eric Behrens Chairman of the Planning Commission spoke to the revisions, saying that they will be easier to follow and will benefit the Piedmont community.

    Council Member Robert McBain brought up the widespread public dissatisfaction on two issues: banning short-term rentals and Zone D, the Grand Avenue sub-area.   Due to the discord surrounding these issues, McBain proposed deferring these so there is more time to review them.  City Administrator Paul Benoit explained that this could be done by changing the wording in the revision to match the current wording, so status quo would be maintained just in those sections.  Therefore, the rest of the revisions could be approved quickly, but the Council would have more time to hear the community’s views on short-term rentals and Zone D.  Mayor Wieler and Council Members Cavenaugh, King, Rood, and Vice Mayor McBain expressed support for this compromise.

    When this topic was opened up for the public input, the Council received overwhelming support of deferring those two issues.  Many residents had prepared to speak about their concerns regarding short-term rentals and Zone D.  One woman requested that all residents in the Grand Avenue area be notified by mail of upcoming meetings so they will have the opportunity to share their opinions.  Another community member expressed concern regarding the zoning revisions, saying he grew up in a similar town that has changed greatly and lost its “small-town feel” after changes were made in the City Code.

    Although I do understand the City’s desire to prevent short-term rentals, I do not think that they should be banned completely.  As Rick Schiller asserted in a letter to the City Council, Piedmont is not a tourist destination, so short-term renters are usually people associated with residents of Piedmont.  I fully support regulations to ensure that nobody is abusing the privilege of renting out their property and protect Piedmont residents, but a blanket ban is too extreme.

    City Council meetings are held twice monthly, on the first and third Mondays.  The City Council works as the legislative body of Piedmont, working to create laws and policies to benefit and protect the citizens.

by Shannon Baack, Piedmont High School Senior

Editors Note: Opinions expressed are those of the author.
Mar 22 2017

Hate Speech Resolution, Zoning Code Changes, Short Term Rentals

 

On March 6th, 2017, I attended a Piedmont City Council meeting, that occurs every two weeks to discuss bills and pass laws. This particular meeting focused on planned revisions to the City Code, specifically revisions to planning and land use, Chapter 17, and repeals of policies in the City Code. The Council also talked about adopting Interim Design Guidelines.

The meeting began with the pledge of allegiance, and most notably the passage of a resolution affirming the action of the Alameda County Mayor’s Conference against hate speech through the passage of Resolution 01-17, as well as a discussion of its importance. Council members thanked the Mayor for his participation during the meeting and stressed the importance the resolution had as a symbol of progress.

Next, the meeting opened to a public forum. I was the first speaker, and I urged the Council to choose one of the best candidates, my mother, Tracey Woodruff, who had been interviewed before the start of the meeting, for the Climate Action Plan Task Force. The next (and last) speakers were also students. Katy Savage spoke about stopping the blockage of storm drains and Shannon Baack spoke about putting crosswalks on dangerous parts of  St James Drive.

After Shannon left the stand, the Council began the main agenda. The first issue they presented was the recommended City Code changes, specifically zoning code changes and short term rental changes, mostly concerning fine tuning the code to address current building patterns and to increase ease of use, as well as simplification of the chapters.

After a staff report on the specific changes of the City Code, the discussion of the code began. During the discussion, it was brought up by a Council member that the laws regarding the Grand Avenue sub area had been getting a lot of attention but are a small part of the code. It was proposed that when the changes are adopted, the regulations of the Grand Avenue sub area would be reverted to status quo. Although the city said they would try to work with the people who had complaints regarding the Grand Avenue sub area while keeping the status quo, City Administrator Paul Benoit said that the entire public is never happy about any one decision, and that the decision regarding zoning laws will be no different.

Councilmember Jen Cavanaugh stressed the importance of public knowledge and perception of the problems addressed by the City Council. The more people know about a problem and the changes it requires, the less people are unhappy when the Council makes a decision. In fact, a couple of Council members stressed the importance of the process of the creation and approval of such changes.

Every step is important. Overlooking or rushing something could cause easily preventable mistakes and an unhappy public. Council members understand the importance of a careful process. During the discussion, it was made clear that this meeting was not to be the meeting where the changes were finally approved. Rather, its purpose was to determine the intent of the Council members and include them in the final draft of the changes to the code, in regards to the Grand Avenue sub area.

The floor was then opened up to public forum. The Mayor suggested that those who want to passionately speak on the Zone D regulations for the Grand Avenue sub area and short term rental should “save their fire” for a later meeting, when the Council focuses on those two issues.

The first speaker approved the Council’s decision regarding the short-term rentals. The second speaker, Joy Koletsky Jacobs was upset that Grand Avenue sub area residents weren’t adequately notified of the meetings regarding the changes to the code for said sub area. She asked that residents be notified by mail and not email, as a person is more likely to give attention to their mail rather than their email. The third speaker, Mark Loper, decided to save his fire for a later date.

The fourth speaker, Ted Kinch, spoke of his worry about the loss of parking and increase of traffic that might come with the Zone D changes, which includes the Civic Center. The center is near a school, so the increased traffic might lead to problems with children walking to school.

The fifth speaker, Miguel de Avelon thanked the council for separating the Zone D and short term rental changes. The sixth speaker, Dimitri Magganas, expressed his neutrality on most of the changes, but disliked the idea of having AirBnB in Piedmont.

After public forum closed, the Council reviewed the addendum revisions. These included limiting the number of signs in commercial establishments to a percentage of window area rather than a strict number cap, and reverting short term rental regulations to the current status quo, as well as changing the regulation of Zone D, which includes the Grand Avenue sub area regulations for lot coverage, landscaping, structural height, street yard setback, side and rear yard setback and reverts them to current regulations.

The floor to ceiling height for the Civic Center sub area will also be increased from 12 feet to 15 feet in the draft.  Another recommended change was to permit ground floor residential use except for entry into the upper floors, as well as reverting parking for Zone D to current regulations, meaning that the parking spaces required for dwelling units greater than 700 square feet to 2 rather than 1.5, as well as deleting the provision that exempts parking for the first 1500 square square feet of commercial floor area. For commercial uses, they recommend keeping the one parking space per 150 square feet for high volume spaces and 250 square feet for low volume spaces.

The Council then discussed deferring the discussion of short term rentals and Zone D (Grand Avenue sub area) to a later date. They decided to save the resolution for those issues for another meeting. Councilmember Jen Cavenaugh then went on to thank the public for their attendance to the meetings.

The conversation then turned to parking, regarding the changes that this new draft brings. In the draft, uncovered and tandem parking counts towards a house’s parking requirements. When questioned on the inclusion of tandem parking in the revision, the Planning Director explained that this was decided based on precedent from the Planning Commission. Although the code allowed tandem parking, it was pointed out that it is an unused practice in most cases, and that most would rather park in their driveway or on the street.

There was worry that the parking revisions were discouraging on-street parking by not allowing people to park in 20 foot setback (distance from building to property line). However, people are welcome to park in their own 20 foot setback, it is just not counted towards required parking for a home.

One Council member pointed out that the law assumes that if you add a room you add a car, which has not proven to be in correlation. He says that he doesn’t want parking to be a problem for people who want to expand their house, and pointed out that adding more ways to fill the parking requirement will help those who want to expand. In their review, the Planning Commission has the power to request more parking from a residence than meets the parking requirement, if they feel that the parking situation around the residence is unsafe.

Finally, Council member Teddy G. King pointed out that efforts to accommodate vehicles has become a problem in California, in regards to carbon emissions and global warming, and that the city of Piedmont has adopted an environmental policy that has to do with moving people out of their vehicles. Tandem parking would help relieve streets of congestion, and serve as an alternative to multiple parking spots, thus decluttered streets and encouraging fewer cars.

Another planned change is to Zone C, multi-family home parking requirements. This change would reduce the parking requirements of a multi-family home if they are to be redeveloped. The concern brought up with this change is that the multi-family homes are usually next to residential neighborhoods, and that nearby residents are upset by redevelopment because they fear it means fewer parking spaces. However, the changes are not limiting parking; they are lowering the required amount. The thinking is that the city doesn’t want to force residents to build unnecessary and useless parking.

The developers are free to put in more parking if they feel the need to do so, the City just doesn’t want to force people to create parking if they don’t need it. More parking spaces makes moving to Piedmont more expensive, as new residents have to pay for their own parking.  This lowers the number of people moving to Piedmont. This is consistent with the Planning Commissions goal of creating a low density urban environment.

The Council then moved on to the changes regarding Zone E, which are essentially very large residential properties. The changes proposed are roughly the same as those proposed for Zone A, allowing people to build up to their property line. Both Zone A and E have the same development pattern: a front yard, a house in the middle of the property, a backyard, and garages and others structures towards the back of the property. The revision is meant to incentivize this building pattern by making it easier to build accessory structures in the back of the property next to the property line. This is to ensure that the front yard remains open, that the house is not next to an accessory structure, and that the backyard remains open between the buildings. This building pattern creates space between the structures and on the property, a more ideal and pleasing design for both the residents and their neighbors as it allows for more privacy.

A revision also allows people to build site features without having to add them to their lot coverage. The intent of the structure coverage limit is to limit the amount of structures on a building that would have a negative impact on nearby structures. However, having a small number of additional structures on a property really doesn’t have any adverse effect, so the Planning Commission decided to allow a certain amount to be built on a property without adding to the coverage limit.

Site features such as a hot tub, built-in barbeque or bench really don’t have a negative impact, and these are the features that people usually want to add. Because people apply for such changes on a regular basis, the Planning Commission wants to remove this requirement of an application, so that it can be addressed in code rather than variance. Essentially, the Planning Commission is trying to improve the process to make it easier for residents.

During the discussion of revisions to property regulations the clock struck 9:30 p.m. This was the student curfew for school activities, and so I had to leave the meeting in accordance with the school code. Although the meeting continued for another half hour I was unable to write about it, because I wasn’t there.

by Xavier Woodruff-Madeira, Piedmont High School Senior

Editors Note:  Opinions expressed are those of the author.

Mar 19 2017

Zoning: Conflict with City Charter Explained in Declaration by Former Mayor

According to former Mayor Alice Creason, the “revision” of Chapter 17 of the City Code includes zoning language and intent contrary to the 1980 voter approved Piedmont City Charter requiring changes of use/classifications and zone sizes to be approved by Piedmont voters. Voter approval for proposed zoning changes is not being sought by the City Council.

On March 17, 2017 Creason submitted a notarized declaration to the City Council and others showing the correct interpretation of the City Charter, as approved by voters.  See detailed explanation below.

Creason a former Piedmont mayor (1982-84), Planning Commissioner (1976-78), liaison to the Planning Commission, participant in the development of the revised City Charter (1977 – 1980), and Council member (1978 -1986) states that the City is not adhering to the intent and actual language of the City Charter which requires Piedmont voter approval for specific zoning changes. The City Council has been or desires to change uses within Zone B (public) and Zone D (commercial) without Piedmont voter approval.

In a cover letter to the Council, Creason states that the City Council can:

  1.  Submit the proposed zoning changes to Piedmont voters for approval OR
  2.  Revise the City Charter to allow the Council to make the desired changes without voter approval.

The Creason cover letter to the City Council can be read by clicking > img023 .

The Creason Declaration explaining the City Charter intent and required voter approval can be read by clickingimg025.

The opposite interpretation by Piedmont’s new contract attorney can be read by clicking > img026 .

Actual zoning language in the City Charter below:

ARTICLE IX. General Provisions

SECTION 9.01 GENERAL PLAN The City Council shall adopt, and may from time to time, modify a general plan setting forth policies to govern the development of the City. Such plan may cover the entire City and all of its functions and services or may consist of a combination of plans governing specific functions and services or specific geographic areas which together cover the entire City and all of its functions and services. The plan shall also serve as a guide to Council action concerning such City planning matters as land use, development regulations and capital improvements.

SECTION 9.02 ZONING SYSTEM The City of Piedmont is primarily a residential city, and the City Council shall have power to establish a zoning system within the City as may in its judgement be most beneficial. The Council may classify and reclassify the zones established, but no existing zones shall be reduced or enlarged with respect to size or area, and no zones shall be reclassified without submitting the question to a vote at a general or special election. No zone shall be reduced or enlarged and no zones reclassified unless a majority of the voters voting upon the same shall vote in favor thereof; provided that any property which is zoned for uses other than or in addition to a singlefamily dwelling may be voluntarily rezoned by the owners thereof filing a written document executed by all of the owners thereof under penalty of perjury stating that the only use on such property shall be a single-family dwelling, and such rezoning shall not require a vote of the electors as set forth above.

 Read the > City Charter 

Mar 4 2017

Public Limited on Zoning Decisions While Council Poses Few Questions Regarding Significant Changes

Residents are left out of important planning processes – 

Little known to the general public are big proposed changes to zoning and the building code agendized for consideration by the City Council, Monday, March 6, 7:30 p.m. City Hall.

Some of the proposed changes to the zoning and building code include allowing:

  • Apartments on top of Mulberry’s and the three Piedmont banks to a height of 40 feet with no setbacks unless next to a residence
  • Reduction in the size and number of parking spaces required for construction projects
  • New smaller lots with reduced street frontage in lower Piedmont
  • Commercial businesses on public property
  • Elimination of  height restrictions and setback requirements on public property
  • Land use changes within zones.
  • Safety omitted in the intent of Design Review
  • Structures built up to the property line in Piedmont’s lower residential zone
  • Transfer of certain authority from the Planning Commission to the Planning Director
  • Eliminating notice to neighbors or neighborhoods under various circumstances
  • No provision for driveways widths, lengths, and turnaround requirements within the ordinance
  • Reduction in setback requirements between houses
  • Reliance on the Council approved General Plan Document rather than the voter approved City Charter

These bullet points are only some of the proposed changes.        _________________

Council and public questions at the Study Session –

The Council appeared ready to accept recommendations with few questions or concerns making some observers recall a similar attitude preceding taxpayer incurred obligation of the $2 + million private underground utility debacle and the Blair Park proposal and unrepaid “gift” to the City.

Some observers of the January 23, 2017 Council “Study Session” on zoning changes and building requirements were left without answers and without sufficient opportunities to be heard.

Removing the matter from public view and engagement, residents were asked to write their questions or concerns to the Council on the 500 + page voluminous proposals. 

No open interactive approach offered by the City-

A powerpoint explanation at the January 23, 2017 Council Study Session provided an overview of the proposals.   The public participants interested in the proposals were limited to 3 minutes per person to make comments or inquiry on the lengthy and complex document.  Some participants had more than one point or inquiry, but could not make them to the Council. The Council pressed ahead often without asking questions or involving the public during their “Study Session.”

In stark contrast to efforts to solicit input on garbage/solid waste services that will not change until 2018, the Planning Department and City Council have an expedited schedule to adopt far reaching and impactful long term changes to Piedmont laws governing what can be built on Piedmont property.

Some of the Council members seemed overwhelmed by the 535 pages of documents and somewhat ill-informed on important aspects of the proposal. There were basic issues such as variances.  Preparation, reading and understanding of the documents was not obvious to many observers of the meeting. One or more Council members appeared intimidated by the process.

Current Chairman of the Planning Commission, Eric Behrens spoke of the 16 meetings held by the Planning Commission to discuss the proposals and their recommendations (some of which began 10 years ago.)  Many of these meetings included prior commissioners no longer on the commission. The vast majority of the “public meetings” were held at an indeterminate time at the end of very long Planning Commission meetings.  The Commissioners were often visibly weary and ready to accept the staff proposals.  Exceedingly few residents had the time or fortitude to wait through an entire Planning Commission meeting for an indefinite time to speak for 3 minutes. Some speakers felt they were ignored and had insufficient time to make explanations of issues to the Commission.

Mayor Jeff Wieler stated at the January 23, 2017 Study Session that various aspects of the proposal could be considered individually. Later, he raised issues regarding short term home rentals, home occupation permits and commercial zone laws. The staff, legal consultant and Council member Tim Rood discouraged waiting to resolve individual issues prior to adoption.  The advising legal counselor informed Wieler the proposal could not be broken apart to the wonderment of many who recognized that the Design Review Section was considered “Interim” and incomplete. Inconsistencies in language between the Interim and Proposed documents did not deter pressing ahead.

Planning Director Kevin Jackson frequently used the terms “recommended by the Planning Commission” and “mandated by the General Plan” when introducing the changes to Piedmont laws.

Vice Mayor Bob McBain pushed to have the enormous package of changes approved noting it could be amended if appropriate.

New Council member Jen Cavenaugh initially raised a number of questions in the meeting, but soon appeared to hold back on inquiry as Council member Rood stepped in to defend interpretations and intent of the proposed changes.

Council member Teddy King showed concern for short term rentals, proposed to prohibit rentals under 30 days.  The Planning Commission has recommended short term rentals be prohibited.

There have been NO surveys since 2007 and NO community workshops for idea exchanges. 

Many points presented by the public have not been fully explored or responded to in the meetings. Parking requirements have been key to many resident speakers, yet the proposal continues to reduce both the size and number of parking spaces in future developments.

Standards for measuring congestion, traffic, parking needs, and safety are not defined in the ordinance.  Standards are lacking in many of the decision areas.

Rather than an interactive process, public input was closed and the public was not provided an opportunity to respond to what the Council discussed at the meeting. By the end of the over 3 hour meeting and despite Planning Director Kevin Jackson’s public notice stating no action would be taken, Jackson inquired as to any direction the Council wanted to give him. None was given.

Significant land use changes between zones without voter approval:

Previous Councils defined “classification as the use”. –

An example of the established definition of “classification” as “use,” was in 1987 when the Council voted to create two separate single family residential zones, one for single family residential parcels with a minimum 10,000 square feet (Zone A) and another zone for single family residential parcels with a minimum 20,000 square feet (Zone E – Estate).   This was done by the Council without voter approval on the basis that there was no change of use. The Council stated that the use within the zone was not changing, consequently it was not a new zone, even though one zone was reduced, Zone A,  and Zone E, the Estate Zone was created out of Zone A.  In Chapter 17 of the City Code, there are two separate single family residential zones, Single Family Residential (Zone A) and Single Family Residential Estate (Zone E), approved by the Council because the use did not change.  

The current proposal relates to land use changes without voter approval. This questionable process goes against the wording in the City Charter.

The Council is scheduled on March 6, 2017 to consider the first reading of the important ordinance changes and Interim proposals.

City Council Agenda– March 6, 2017 

Click here to view Staff Reports.  (There is an error with the City posting.  The staff report on item 6. states Introduction and 1st Reading of Ord. 728 N.S. Adopting Revisions to the City Code Including Chapter 17, Planning and Land Use; and Consideration of a Resolution Adopting Interim Design Guidelines and the Repeals of Policies Incorporated into the City Code and Guidelines 0705, 0795 7.  Information can be found at http://www.ci.piedmont.ca.us/zoning-code-update/)