Bringing Piedmont's Zoning Code into the 21st Century

The Piedmont Planning Commission will hold a public hearing Monday on a laundry list of proposed updates, revisions and state-mandated changes to the city's zoning regulations.

According to a memo from City Planner Kate Black, the changes are needed to bring the zoning code into compliance with Piedmont's General Plan — including modifications to its Housing Element — and with changes in California law.

Items up for review cover a range of topics, including home remodeling to accommodate disabled Piedmont residents; encouraging mixed commercial-residential development in some areas; incentives for more multi-family housing; and parking rules for new, small multi-family units.

Other proposed changes include making major modifications to the city's conditional use permit rules; eliminating conditional use permits for emergency shelters and supportive or transitional housing; and encouraging moe bike racks in commercial zones.

Planning Commission recommendations will go to the Piedmont City Council for final approval.

The Planning Commission will meet at 5 p.m. Monday, Sept. 9, in the City Hall council chambers, 120 Vista Ave. You may see the complete agenda on the City of Piedmont website here and read about other items on the agenda here. The meeting will be shown on KCOM-TV, Channel 27, and iive-streamed here. 

DETAILS

According to Black, the city planner, the current proposals are Phase II (of five phases) of an ongoing overhaul of the city's zoning regulations. The first phase, which rewrote the city's rules on second units (in-law apartments) was completed in May of 2012.

Here are summaries of what Black describes as the most notable proposed changes. They are based on her memo to the commission.

Reasonable Accommodation: Modifications in accordance with California law would allow "reasonable" property improvements to accommodate persons with disabilities — for example, a full bath on the main floor that would allow a disabled person to use a room on the main level as a bedroom. The commission could add conditions requiring removal of accommodations when no longer needed. 

Mixed Use Commercial/Residential: This would allow mixed use in the city's commercial zone, "with the goal of adding this new use is to encourage more housing units, without the loss of the few and important businesses in Piedmont," Black's memo says. An existing example is the McMullen Boutique at 1235 Grand Ave., which has two apartments overhead.

Multi-Family Residential Incentives: In Zone D, the structure coverage limit is proposed to increase from 25 percent to 50 percent for two-story mixed use residential and commercial buildings; in Zone C, from 40 percent to 50 percent for all multi-family residential developments, regardless of the affordability of the units (currently, only developments that provide affordable units are permitted at a 50 percent structure coverage limit); and a minimum density standard of 12 units per net acre for new multi-family developments in Zone C and mixed use residential and commercial developments in Zone D is proposed.

Parking: A new unit of 700 square feet or less in a multi-family development or a mixed use residential/commercial development would be required to provide only one covered, 9’x20’ parking space instead of 2 covered, 9’x20’ parking spaces. This would match a parking provision for small second units in single-family homes.

Conditional Use Permits: Currently the city's conditional use permit process for businesses has a one-year term unless the Piedmont City Council specifies a different length of time. Permits are reviewed at the end of the term, which allows the city to address unexpected impacts from parking, noise or other disturbances on neighborhoods. According to the city attorney, the expiration provision is inconsistent with California case law. The changes propose a review process that would enable the City to revoke a CUP if the business is violating one or more of the terms of their application (such as the hours of operation, number of employees, etc.), or is violating one or more of the conditions of approval. The first review would occur two years (or more, under the permit terms) after the initial approval to enable the business to get established, with subsequent reviews each 5 years after that. For businesses that are established and have minimal impacts, the Commission and Council may grant longer terms at their discretion. Existing CUPs that are due to expire in the coming years would be subject to the new provisions.

Emergency Shelter and Supportive and Transitional Housing: Changes would eliminate the need for a conditional use permit, bringing Piedmont's regulations into compliance with state law.

Bicycle Racks: There are very few bicycle racks of any kind at public and commercial properties throughout town, according to Black. The proposed amendments to the Zoning Code would permit bike racks in Zones B, C and D without counting toward the lot coverage standards of those zones. This is because it is recognized that a number of properties — especially commercial properties — already exceed the lot coverage limits. Requiring variances from the lot coverage limits to permit bike racks would place an unnecessary burden on properties, and is contrary to the goals embodied in the comprehensive Pedestrian/Bicycle Plan. 

WHAT YOU CAN DO

—Speak at the Planning Commission at the public hearing. You'll need to fill out a speaker's card and your remarks will be limited to a short time period (announced at the meeting).

—For more information, email City Planner Kate Black at kblack@ci.piedmont.ca.us or call her at (510) 420-3050 with questions or comments.

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