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.

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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

Piedmont Park Commission Agenda

Wednesday, September 4, 2019

5:30 p.m. City Council Chambers, 120 Vista Avenue, Piedmont, CA

Staff reports are linked below the agenda list.

1. Approval of Park Commission Minutes for August 7, 2019 

2. Consideration of a Request to Remove a Street Tree at 331 Magnolia Ave. by Eric Schen and Laurie Lau

3. Update on Annual Playground Inspections

4. Update on Lower Grand Avenue Median Landscape Improvements

>Staff reports and Park Commission Agenda_Sept.4, 2019

The Piedmont Park Commission will meet on Wednesday, August 7 at 5:30 p.m. in the City Council Chambers, located in City Hall, 120 Vista Avenue.  The meeting will be broadcast live on cable Channel 27 and on the City’s website.

Regular Agenda

1. Approval of Park Commission Minutes for June 5, 2019

2. Update on Piedmont Evergreen and Recycling and Compost Efforts at the July 4^th Event

3. Consideration of the Temporary Placement of Signs in Piedmont Park Near the Tea House Designating a Philosopher’s Walk

4. Consideration of the Designation of Street Trees for Magnolia Avenue

5. Update on Street Tree Planting and Sidewalk Improvements on Oakmont Avenue

6. Update on Lower Grand Avenue Median Landscape Improvements
7. Monthly Maintenance Report: Park, Open Space, and Street Tree Update for the Months of June and July 2019

Read the full agenda, minutes and staff reports > 8 19 FINAL_Park Commission Agenda Packet_8-7-19

OVERVIEW OF THE REVISED GUIDELINES

(Excerpts selected from the Piedmont Planning Consultant and Staff Report)

The draft Piedmont Design Guidelines include seven chapters plus a glossary. The contents are organized as follows:

Chapter 1 (Introduction) – Provides an overview of the document and its objectives, including how to use the Guidelines.

Chapter 2 (Design Review Process) – Describes the different types of Design Review permits required, and the process associated with each permit. The chapter also lists exceptions to 1 An eighth chapter addressing wireless facilities is expected to be added at a future date.   Design Review requirements and documents the submittal requirements for applicants seeking Design Review permits. The City’s story pole procedure also is included, as is the protocol for site visits.

Chapter 3 (Site Design) – Includes Guidelines for site design, including the siting and orientation of structures on a parcel, and the design of driveways, parking, landscape features, fences, retaining walls, trash enclosures, and other outdoor site features. The chapter begins with a discussion of neighborhood typologies in Piedmont, which helps provide the foundation for Guidelines and standards that reference “neighborhood context.”

Chapter 4 (Building Design: General) – Provides design principles applicable to all buildings in Piedmont, regardless of occupancy type. The Guidelines apply to single-family homes, multi-family housing, accessory structures, commercial and mixed use buildings, civic buildings, and other structures. Guidelines address exterior building elements, such as facades and architectural details, porches, decks, exterior stairs, roofs, ornamentation, windows, and mechanical equipment. This chapter also identifies green building measures. Chapter 4 begins with a discussion of predominant architectural styles in Piedmont, which provides the context for guidelines and standards that reference design compatibility.

Chapter 5 (Building Design: Single-Family) – Guides the design of single-family homes. It complements Chapter 4, which applies more broadly to all structures, by focusing only on Guidelines unique to single-family homes. The Guidelines cover building scale and massing, the design of garages, accessory dwelling units, and other accessory structures.

Chapter 6 (Building Design: Multi-Family) – Guides the design of multi-family buildings. It complements Chapter 4, which applies more broadly to all structures, by focusing only on Guidelines unique to multi-family housing. The Guidelines cover neighborhood context, building scale and massing, architectural style, and garages and driveways. This is a new section of the Guidelines, applicable only to the 25 or so properties in Piedmont where multi-family housing is a permitted use. Piedmont currently has no Guidelines for multi-family housing, and this section fills that gap.

Chapter 7 (Building Design: Commercial and Mixed-Use) – Guides the design of commercial and mixed-use (commercial and residential) buildings. It complements the Guidelines in Chapter 4, which apply more broadly to all structures. The Guidelines cover neighborhood context, building scale and massing, architectural style, garages and driveways, and signage. This is a new section of the Guidelines, applicable only to the roughly 20 properties in Piedmont where commercial and mixed use development is allowed. Piedmont currently has no guidelines for commercial and mixed use development, and this section fills that gap. A glossary of terms is included at the end of the document. The glossary is not intended as an exhaustive list of architectural terms, but rather as a reference for how commonly used terms are used within Piedmont.

…

The Guidelines rely extensively on graphics to communicate their intent.

In addition to photographs, graphics in the document include:

– A series of “process” flow charts illustrating the Design Review process (sec 2.02-2.04)

– Diagrams illustrating how to display and calculate floor area for zoning calculations (sec 3.03.03

– Diagrams illustrating how to display proposed changes in lot coverage

– Diagrams showing how setback conditions on a street should influence the siting of buildings or additions (sec 3.05.01)

– Diagrams showing siting allowances for accessory and primary structures on single-family lots (sec 3.06.02), multi-family lots (3.06.03), commercial lots (3.06.04), and estate lots (3.06.05)

– Diagrams for driveway and turn-around design (sec 3.07)

– Acceptable locations for trash enclosures (sec 3.10.02)

– Window types (sec 4.03.02)

Window types (sec 4.03.02) While most of these diagrams are new to the Guidelines document, they have long been used separately to communicate existing standards and guidelines, and do not introduce new requirements.

2 One benefit of linking the Guidelines to General Plan and zoning language is the recent SB 35 requirement for “objective” design guidelines for new mixed use and multi-family residential development near transit.

MAJOR CHANGES TO THE EXISTING GUIDELINES

As noted earlier, the draft Design Guidelines under consideration are primarily an update to the 1988 Guidelines, as amended over the last 30 years. Appendix A to this staff report provides a “Crosswalk” between the 1988 Guidelines and the proposed Guidelines. While the new document is longer than the 1988 document, the 1988 document has been augmented over the last 30 years by numerous supplements and memos. Accounting for these supplements, the two documents are similar in size and most of the expanded volume in the proposed Guidelines is attributable to the addition of photos, graphics, and the new commercial/mixed use and multi-family sections.

Substantive changes to the existing Guidelines are highlighted below:

The new Guidelines use a hierarchy that begins with the most general topics, followed by more specific ones. This eliminates a shortcoming of the existing Guidelines, where one needed to hunt for particular guidelines in sections of the document where they did not intuitively appear. For example, many of the “new construction” guidelines in the 1988 Guidelines are regularly applied to remodels and additions, although they do not appear in the “remodels and additions” section of the 1988 document.

Many of the existing guidelines were transferred without modifications. Others were edited to resolve issues that often arise during review of projects by the Planning Commission or Planning staff. For example, Section 3.05 (Compatibility with Street Right-of-Way) now clarifies how existing setback patterns on a block affect where new construction and additions should be sited (relative to the street). Similarly, Section 3.02 has been added to address the factors to be considered when planned improvements are adjacent to public walkways and parks.

Chapters 1 and 2 of the Guidelines are largely new to the document, although the contents of these chapters reflect existing practices and policies. Including a more robust introduction and discussion of Design Review processes and submittal requirements provides the context for the Design Guidelines and facilitates use of the document by applicants.

Section 4.01 on Building Styles has been added to the document, clarifying the determining factors for what constitutes appropriate additions to existing homes.

As noted earlier in this report, Chapters 6 and 7 of the document address construction types that were not addressed in the prior Guidelines. Although the extent of multi-family and commercial/mixed use development in Piedmont is limited, the absence of standards for these uses has created a gap in the past. Recent state housing legislation makes it important Page 6 for the City to close this gap. The new Guidelines also provide more formal design direction on Accessory Dwelling Units (currently only covered through Frequently Asked Questions).

Minor changes to the submittal requirements for Design Review have been proposed (see Section 2.06). Some of these changes reflect requests by staff and/or the Planning Commission Subcommittee. An initial list of proposed changes was presented at the architect stakeholder meeting on September 25, 2018. This list was revised as a result of their input. In addition, a new submittal form has been created to streamline the intake process and assist applicants with their submittal information.

READ the agenda below for the Council Budget Work Session when the Council will consider all CIP proposals and department budgets:

http://www.ci.piedmont.ca.us/html/govern/agendas/2019-05-11_special.pdf

READ the full CIP Review Report for 2019 below:

CIPreviewreport 2019

Minutes, broadcasts, and recordings were not made of any of the CIP Review meetings.  Staff reports were not publicized. 

Recordings and broadcast will not be made of the Saturday, May 11, 2019 Council Budget Workshop held at 403 Highland Avenue in the Emergency Operations Center of the Piedmont Police Department.  The public is welcome to attend and participate.

 

READ the full staff 2019-20 Budget recommendations including fees, permits, salaries, benefits, use of City property, tax rates, personnel, etc. – http://www.ci.piedmont.ca.us/finance/budget/19-20/19-20_budget.shtml

The Piedmont Park Commission will meet on Wednesday, May 1 at 5:30 p.m. in the City Council Chambers, located in City Hall, 120 Vista Avenue.  The meeting will be broadcast live on cable Channel 27 and on the City’s website.

Park Commission Agenda for May 1:

1. Approval of Park Commission Minutes for April 3, 2019
2. Receipt of a Report on Magnolia Avenue Tree Assessment
3. Update on Lower Grand Avenue Triangle and Median Landscape Improvements
4. Consideration of New Trash, Recycle, and Green Waste Containers for Outdoor Public Spaces
5. Update on Hall Fenway Spring Plantings
6. Update on Arbor Day 2019
7. Monthly Maintenance Report: Park, Open Space, and Street Tree Update for the Month of April, 2019

READ the full agenda, minutes, and reports below:

> FINAL-Park Commission Agenda-May 1, 2019

Reducing Traffic Speed on Oakland Avenue, Magnolia, and Fairview Avenues with Bulb-Outs, bright flashing Beacons, Bioswales and relocated Crosswalks.

The city consultant, Coastland, prepared preliminary designs for proposed bulb-outs and other changes at several intersections on Oakland Avenue plus other streets.  The consultants will discuss their concepts at the Piedmont City Council meeting on Monday evening, April 15, 2019, in City Hall, 7:30 p.m. The meeting will be broadcast live on Channel 27 and from the City website under videos/City Council.  See links to staff reports showing locations and photos at the end of this article.

Before proceeding to the final designs and construction documents, the City wants to ensure that the Council and the community have full awareness of the proposed improvements and have an opportunity to have any questions or concerns addressed.

Oakland Ave. at El Cerrito Ave. This is a fully developed, 4 corner bulb out design that will achieve the following: •shorten the pedestrian crossing distances on Oakland Ave. and El Cerrito Ave., •bring the pedestrian access points into greater visibility

• include hard-wired, double sided, bright rapid flashing beacons (brighter than the current beacons) at each corner with user activated buttons •include all new pedestrian ramps for each direction on each corner•refreshed street paint at the intersection Similar to the previously constructed bulb outs on Linda Ave.,

Staff is proposing to next install landscape improvements wherever possible in place of impervious concrete. In addition to the improved aesthetics, these landscaped areas will be planned as bio-swales wherever possible to capture and slow down the storm drainage on Oakland Ave. (See staff report Exhibit B for a photograph of the existing intersection and Exhibit C for the proposed improvements.)

Oakland Ave. at Jerome Ave. While very similar in features to the Oakland Ave. at El Cerrito Ave. bulb outs, the Jerome Ave improvements will have a slightly different configuration due to the intersection geometry.

Grand Ave. at Fairview Ave. In the Piedmont Pedestrian and Bicycle Master Plan (PBMP), this intersection was identified as No. 8 in the High Priority Projects. The basic issues related to this intersection are that it is a very wide crossing for pedestrians, and motorists traveling northbound on Grand Ave. and wanting to turn slightly right to proceed up Fairview Ave. are difficult for pedestrians to see. See staff report Exhibit C for photographs of the existing intersection. Furthermore, because of the ease of this slight right turn and the uphill nature of Fairview Ave., there is a tendency to accelerate through the intersection. The configuration was driven by creating traffic calming and increase pedestrian safety, but also preserving the existing street parking. Thus, the use of street paint still allows parking in front of 1250 Grand Ave., which fronts on Fairview Ave. See staff report Exhibit D for the proposed configuration of improvements.

Oakland Ave. at Greenbank Ave. This intersection was not identified on the PBMP, but is, due to its configuration and topography, problematic for the local residents and pedestrians. The basic issues related to this intersection are similar to those described at Grand Ave. at Fairview Ave. These include compromised visibility for both pedestrians and motorists, downhill grades creating increased speeds, and the existing geometry of the intersection fostering unsafe conditions. See staff report Exhibit E for photographs of the existing conditions at this intersection. The driveway to 1203 Oakland Ave. will cross over a portion of this bulb out, but the nature of this installation will maintain access to this driveway. (See staff report Exhibit D for the proposed configuration of improvements.)

Magnolia Ave. at Nova Drive Previously identified in the PBMP as No. 17 in the High Priority Projects, this intersection poses issues for pedestrians, especially when walking on the northern side of the street (left side going uphill). Along Magnolia Ave. at the intersection with Nova Drive, the throat of the intersection is extremely wide. See attached Exhibit F for a photograph of the existing intersection. Since the 2018 Paving Project includes this portion of Magnolia Ave, Staff wants to take the opportunity to implement the recommendations of PBMP and install logical measures to create traffic calming and a safer environment for pedestrians. The proposal is to create an island refuge with street paint, lane delineators, and signage. This would be connected to the existing sidewalks with new crosswalks of considerably shorter length. Besides creating an island refuge for pedestrians, this will visually narrow the westbound lane of Magnolia Ave. which should promote slower speeds.

Read staff reports by clicking below:

04/15/19 – Receipt of Report on Preliminary Design of Traffic Calming Measures at the Intersections of Oakland and El Cerrito Avenues and Oakland and Jerome Avenues 

04/15/19 – Receipt of a Report on Proposed Traffic Calming Measures at the Intersections of Fairview & Grand Avenues, Greenbank & Oakland Avenues, as well as Magnolia Avenue & Nova Drive

The Premier Plant Exchange in California is 100% volunteer run!

Master gardeners answer questions and plant specialists identify donations.

Free to everyone.

Saturday, March 23rd, noon to 4 p.m.

4500 Lincoln Ave. in Oakland

The Plant Exchange is a free community event that began in Oakland, California in October 2007 as a way for our neighbors to get to know each other. It also encourages reuse, recycling, organic living, resource sharing, and information exchange.

This event rapidly grew to include gardeners, landscapers, urban farmers, and outdoor fans from all 9 Bay Area counties.  Now, over 2500 plants change hands.

Questions or volunteer at connect@theplantexchange.com

Read for more information > here.

Increased drug and alcohol usage among Piedmont students.