Piedmont City Council
January 18, 2022

City of Piedmont

COUNCIL AGENDA REPORT
DATE: January 18, 2022
TO: Mayor and Council
FROM: Sara Lillevand, City Administrator
SUBJECT: Consideration of a Conditional Use Permit Modification and a Design Review Permit for Piedmont Shell Auto Care at 29 Wildwood Avenue.

RECOMMENDATION
Approve the attached resolution, which:

A. Approves a modification to the conditional use permit to convert 54 square feet within the existing building footprint to commercial retail for use as a convenience store, clarifies the hours of operations, and denies the installation of a temporary storage structure for use during future construction; and
B. Approves the design review permit to make window and door modifications on the existing building and denies the design review permit for the temporary storage structure and associated electrical hook-ups.

C. Determinesthat the project is categorically exempt under the California Environmental Quality Act Guidelines Section 15301, Class 1 (a), Existing Facilities.

EXECUTIVE SUMMARY:

On November 16, 2020, the City Council approved a modification to the conditional use permit for Piedmont Shell Auto Care to add a commercial retail component to the existing gasoline and automobile service facility. A separate design review permit application was approved by staff for the associated window and door changes. There was no proposed change to the existing building footprint or site plan. These approvals were subject to the issuance of a building permit for the approved work. However, a building permit application was never submitted by Piedmont Shell Auto Care for the approved work scope and the approved conditional use permit modification and design review permit expired.

In November 2021, Piedmont Shell Auto Care reapplied to modify its conditional use permit to add a commercial retail component (convenience store) to the existing gasoline and automobile service facility and to install a temporary storage structure. A design review permit application was also submitted for window and door changes on the west façade of the existing office and garage building to accommodate the convenience store, and for the installation of a temporary storage structure.

On December 13, 2021, after careful review of the application materials and written comments submitted by residents and receiving testimony from the applicant and neighboring property owners, the Planning Commission unanimously recommended the partial approval and partial denial of the Conditional Use Permit modification application (#21-0335), and approved the Design Review Permit application (#21-0334) for the window and door modifications but not for the temporary storage building, with 8 conditions of approval, at 29 Wildwood Avenue.

PROPOSED APPLICATION:

A conditional use permit is requested by Piedmont Shell Auto Care at 29 Wildwood Avenue to modify the site and the existing conditional use permit to include a convenience store within the existing office area, and the installation of a temporary detached accessory structure to the east of the existing auto shop. The proposed additions modify the previosuly approved site plan by amending the parking arrangement and adding a structure. Concurrently, a design review permit is also requested to make window and door changes on the west façade of the existing building, and to install an accessory structure to the side (east) of the existing building and associated exterior electrical hook-ups. The application is partially retroactive in that the accessory storage structure and associated electrical hook-ups have been installed without a permit and are on site.

In response to the application form questions below, the applicant submitted the following information indicated in bold and previously approved CUP terms are noted in the [brackets]:

1. Proposed Use of Business/Organization: Proposed Gas, Commercial Retail and Auto Repair.

2. Days and Hours of Operation:

Retail store, office, and auto shop: Monday through, Sunday 7am - 10pm [Monday through Sunday 6 a.m. – 10 p.m.]

3. Number of On-Site Parking Spaces: Proposed site plan indicates 10, including 1 handicap parking [10, including 1 handicap parking]

4. Maximum Number of People Using Business/Organization at One Time: 12 [10]

5. Type(s) of Staff/Personnel, Number of Each: 6 mechanic/clerk/Staff/Personnel [CUP approved in 2008 does not specify the number of Staff/Personnel]

6. Projected Busiest Hours/Days: During the week 8 – 11 a.m. and 4 - 7 p.m. Weekends fluctuate per season.

7. Potential Neighborhood Impacts: Cars going in and out a lot

8. Anticipated Gross Annual Revenue: $3M +
Agenda Report Page 2

9. Benefit to Piedmont Residents: Replace outdated establishment

10. Changes in the existing structure are necessary to accommodate the proposed use as follows:

A design review permit application has been submitted for door and window modifications and the new accessory structure.

ADDITIONAL INFORMATION:

As attachments to the application form, the applicant provided the following supplemental information in support of his proposed application:
• A plan set for all modifications.

No modification to existing signage is proposed as part of the current application.

PLANNING COMMISSION DELIBERATIONS AND MOTION:

Deliberations
The issues under consideration were narrowly limited to the application: the proposed structural changes (window and door modifications and the new temporary storage structure) and the proposed modifications to the conditional use permit (the retail convenience store and the storage structure). The Commission was apprised that the existing conditional use permit and the operations of the auto repair and fueling service were not under review.

Prior to the meeting, ten public comments were submitted to the Planning Commission. During the public meeting, the Commission received testimony from the applicant and from neighboring property owners at 31 Wildwood Avenue and 22 Wildwood Avenue. The applicant stated that the convenience store and window and door modifications are the same as that approved by the City in 2020. He also stated that he was unaware that the storage unit and electrical hook-ups needed a permit until his receipt of a notice from the City dated October 28, 2021. Neighboring property owners generally expressed concerns about operating hours of the fuel pumps, illegal storing of tires and air hose connection in setbacks, parking on sidewalk, fencing between the subject property and abutting residential property; and support for the storage structure was expressed by the property owner at 22 Wildwood Avenue.

At its meeting on December 13, 2021, the Planning Commission unanimously recommended the partial approval and partial denial of the Conditional Use Permit modification application (#21- 0335) and approved the Design Review Permit application (#21-0334) for the window and door modifications but not for the temporary storage building, with 8 conditions of approval, at 29 Wildwood Avenue. In this report staff is recommending that in addition to the City Council approving the applications as recommended by the Planning Commission and adopting the findings made by the Commission, that the City Council clarify and delineate the hours of operation for the various services being provided. The Terms of Approval are on agenda report Agenda Report Page 3
page 5.

A video of the Planning Commission’s deliberations and motion to recommend partial approval of the Conditional Use Permit modification and Design Review Permit applications, including the findings made in support of this recommendation, can be viewed at:
https://piedmont.granicus.com/MediaPlayer.php?view id=3&clip id=2456 by selecting agenda item number 6.

Findings
Conditional Use Permit
Recommend Findings as required by City Code section 17.68.040 The Piedmont Municipal Code requires the following findings to support the issuance of a conditional use permit: (1) The proposed use is compatible with the general plan and conforms to the zoning code; (2) The use is primarily intended to serve Piedmont residents (rather than the larger region); and (3) The use will not have a material adverse effect on the health, safety or welfare of persons residing or working in the vicinity. Considerations for this finding include: no substantial increase in traffic, parking, or noise; no adverse effect on the character of the neighborhood; no tendency to adversely affect surrounding property values.

Staff’s analysis of the findings requirements is as follows:

1. The proposed additional use as a retail store is compatible with the general plan, particularly Land Use Element Policy 2.1 and Local Serving Emphasis, and conforms to the zoning code in that the use is related to other surrounding businesses and the use as a retail store complies with the standards of Zone D listed in Section 17.26.

2. The use as a retail store is primarily intended to serve Piedmont residents as has been the history of the service station.

3. Under all the circumstances and conditions of the particular case, the convenient store use will not have a material adverse effect on the health, safety, or welfare of persons residing or working in the vicinity. Considerations for this finding include no substantial increase in traffic, parking needs or noise, no adverse effect on surrounding property values in that pedestrian and vehicular safety will not be affected because the traffic, customer usage, and noise impacts will be similar to the prior use.

4. Modifications to the conditional use permit should not include the accessory structure (storage container) for the reasons including: the proposed accessory structure is utilitarian in nature and unsightly; the addition of the accessory structure will eliminate one on-site parking space; and that there is insufficient screening between the accessory structure and neighboring homes.

Furthermore, a conditional use permit and design review permit are inappropriate applications to consider a temporary storage unit.

Agenda Report Page 4
Recommended Conditions of Approval
In regard to the recommended partial approval of the application to modify the Conditional Use permit, the Planning Commission recommended the following conditions of approval:

1. Terms of the Approval. A review of the conditional use permit shall occur in December 2023, and the conditional use permit shall have the following operational characteristics:

Hours of operation for the Convenience Store: Monday – Sunday, 8 a.m. to 8 p.m.

Hours of operation for the Auto Repair and Service: Monday – Sunday, 6 a.m. to 10 p.m.

Hours of operation for the Fuel Dispensing Pumps: Monday – Sunday, 24 hours each day Fuel deliveries shall occur only during the hours of operation of the Auto Repair and Service and when a member of staff is on site.

Number of Staff/Personnel: 6

2. The approval of this application is subject to the issuance of a building permit for the construction of an area for a convenience store within the footprint of the existing building.

3. Signage. Any new or modified exterior signage may require a design review permit as provided in Division 17.36 of the City Code.

4. The accessory storage structure and associated electrical hook-ups are not approved as part of this permit.

Design Review Permit
Recommend Findings as required by City Code section 17.66.060 Piedmont Municipal Code requires all of the following findings when issuing a design review permit: (A) The proposed design is consistent with the City's General Plan and Piedmont Design Guidelines; (B) The design has little or no effect on neighboring properties’ existing views, privacy, and access to direct and indirect light; (C) The proposed design does not adversely affect pedestrian or vehicular safety.

Staff’s Analysis of the findings:

1. The proposed design of the retail store is consistent with the City's General Plan and Piedmont Design Guidelines in that the following building features are consistent with the original architecture and neighborhood development: the window material; the window operation and location; and the wall material.

Agenda Report Page 5
The proposed design of the accessory structure is not consistent with the City's General Plan and Piedmont Design Guidelines in that the following building features are not consistent with the original architecture and neighborhood development: the structure is unsightly and utilitarian in nature.

2. The retail store design has little or no effect on neighboring properties' existing views, privacy, and access to direct and indirect light because the view is not a significant view, and the project proposes modifications within the existing building footprint.

The accessory structure design has an adverse effect on neighboring properties' existing views, privacy, and access to direct and indirect light because the view is unsightly, and there is insufficient screening between the accessory structure and neighboring homes.

3. The proposed design of the retail store does not adversely affect pedestrian or vehicular safety because the project maintains adequate visibility for entering and exiting the driveway.

The proposed location of the accessory structure adversely affects pedestrian or vehicular safety because the project eliminates one on-site parking.

4. As conditioned, the retail store complies with the following Design Review Guidelines and General Plan policies and programs: 4.03 (Building Design: General).

The accessory structure design does not comply with the City’s General Plan policies and programs and Design Review Guidelines.

5. The retail store design is consistent with General Plan policies and programs, including the land use element, housing element, and design and preservation element, including: Design and Preservation Element Policy 28.6 (Exterior Materials).

Recommended Conditions of Approval
In regards to the recommended partial approval of the application for design review permit, the Planning Commission recommended the following conditions of approval:

1. Approved Plans. The approved plans are those submitted on December 1, 2021, after neighbors were notified of the project and the plans were available for public review. However, the scope of the approved project includes the exterior window and door modifications and interior modifications related to the convenience store. The approved project does not include the proposed accessory structure and related electrical hook-ups.

2. Window and Door Material. As specified in the plans, the building material for the new windows shall be aluminum storefront.

3. Window Color Scheme. All the windows on the building shall have a consistent color scheme.

Agenda Report Page 6

4. Window Recess. All new windows shall be recessed 3 ¼ inches from the exterior wall to the face of window sash in order to maintain consistency with the original architecture, as required by the City’s Design Guidelines and Window Replacement Policy. Window details shall be submitted for review and approval at the time of building permit application.

5. Pre-construction Inspection. After the issuance of a building permit and prior to the commencement of window fabrication, the installer shall schedule a pre-construction inspection with the Building Department. The inspection will review the approved installation criteria, noted on the approved building permit drawings and specifications, such as the window recess, window trim if any, and window sill projection if any, with the existing conditions.

6. Construction Management Plan. The Property Owner shall develop a comprehensive Construction Management Plan. The Construction Management Plan shall address noise, vibrations, traffic control, parking, debris removal, dust control, sanitary facilities, site safety security emergency access, and other potential construction impacts, as well as other details involving the means and methods of completing the Project, including the construction route.

The City Building Official has the authority to require modifications and amendments to the Construction Management Plan as deemed necessary throughout the course of the Project and until the Final Inspection.
a. Construction Site Control of Stormwater. The California Regional Water Quality Control Board requires all projects that disturb the site to comply with Provision C.6 of the San Francisco Bay Regional Stormwater NPDES Permit in order to prevent construction site discharges of pollutants and other regulated materials during construction. As required by the Chief Building Official and prior to the issuance of a building permit, the Applicant shall develop and submit a construction stormwater management plan as part of the Construction Management Plan to achieve timely and effective compliance with Provision C.6. Permit Provision C.6.c.ii provides sources for site specific, and seasonally- and phaseappropriate, effective Best Management Practices (BMPs) that may be incorporated into the stormwater management plan. Copies of the Municipal Regional Stormwater Permit are available from the Piedmont Public Works Department and on-line at cleanwaterprogram.org.
b. Renovation / New Construction. Pursuant to Section 17.32.6 of the Municipal Code, if for any reason more than 70% of the physical structure (as determined by the Building Official) is demolished or destroyed, the building shall conform to new building and planning Code requirements. If this occurs during demolition, all work must stop and a new hearing and public review by the Planning Commission is required. c. Neighboring Property Owner Permission. Should the execution of the Foundation/Shoring/Excavation Plan require excavation into a neighboring property or if access onto the neighboring property is necessary for construction, the applicant shall submit, prior to the issuance of Building Permit, a written statement from the neighboring property owner granting permission for access onto his/her property for the purpose of excavation and/or construction.

Agenda Report Page 7

7. Construction Completion Schedule. Work on the Project, once begun, shall be promptly executed with continuous good faith and reasonable progress. Since timely completion of this Project is of the essence, the Property Owner shall submit for approval a Construction Completion Schedule, which will specify, in detail, the duration and percentage of the project as a whole for each phase.
a. The Construction Completion Schedule with associated construction values for each benchmark shall set forth completion dates for the following benchmarks as needed: i) Completion of Excavation; ii) Completion of Retaining Walls; iii) Completion of Foundation; iv) Completion of Rough Framing; v) Completion of Electrical; vi) Completion of Plumbing; vii) Completion of Mechanical; viii) Completion of Fire Sprinklers; ix) Completion of Home; x) Completion of Hardscaping and Landscaping; and any further construction benchmarks and conditions of occupancy as may be determined by the Director of Public Works.
b. Before the Project begins, the Director of Public Works shall make a determination as to the reasonableness of the proposed completion dates applicable to the Project, and that determination shall constitute the Approved Construction Completion Schedule and be binding on the Property Owner. The City may, at the Property Owner’s sole cost, engage the services of a consultant to review the proposed Construction Completion Schedule and, to the extent the period allocated for any work appears unjustifiable, recommend to the Director of Public Works a reasonable completion date for any benchmark. c. In the event of a change in scope of the Project that would alter the benchmarks dates set forth in the Approved Construction Completion Schedule, or in the event the Property Owner fails to meet a benchmark set forth in the Approved Construction Completion Schedule, the Property Owner shall immediately submit a request to amend the Approved Construction Completion Schedule to the Director of Public Works. The request to amend shall be accompanied by a new proposed Construction Completion Schedule in compliance with subsection (a) of this condition of approval and the Director of Public Works shall evaluate the proposed amendments to the Approved Construction Completion Schedule in accordance with subsection (b) of this condition of approval. d. The failure of the Property Owner to comply with the Approved Construction Completion Schedule, or any amendments to it approved in conformance with subsection (d) of this condition of approval, shall constitute a nuisance under the City of Piedmont City Code (“City Code”). The failure of the Property Owner to comply with the Approved Construction Completion Schedule may result in the City pursuing administrative citations pursuant to Chapter 1 of the City Code, nuisance abatement pursuant to Chapter 6 of the City Code, or any other remedy available to the City under the law. Additionally, if the Property Owner fails to comply with the Approved Construction Completion Schedule, the Director of Public Works, at his or her sole discretion, may make a claim against the Property Owner’s Site Security, if one is required, in order to complete the benchmark. The Director of Public Works, at his or her sole discretion, may refer the application to the Planning Commission for public review and direction.
e. At least two weeks prior to start of construction, the Applicant shall provide written notice to property owners and residents of all adjacent properties on forms provided by the Director of Building & Planning. This notification shall include information such as the start date and scope of construction, building permit number, a copy of the Construction Agenda Report Page 8
Completion Schedule, as well as the contact information of the property owner, designer/agent, and contractor(s). The Applicant shall sign an affidavit of said notice and provide a copy to City Building Official.

8. Defense of Legal Challenges. The Applicant shall indemnify, defend and hold harmless the City, its Council, Planning Commission, advisory boards, officers, employees, consultants and agents (hereinafter “City”) from any claim, action or proceeding (hereinafter “Proceeding”) brought against the City to attack, set aside, void or annul the City‘s actions regarding any development or land use permit, application, license, denial, approval or authorization, including, but not limited to, variances, use permits, developments plans, specific plans, general plan amendments, zoning amendments, approvals and certifications pursuant to the California Environmental Quality Act, and/or any mitigation monitoring program, or brought against the City due to actions or omissions in any way connected to the Applicant’s project (“Challenge”). City may, but is not obligated to, defend such Challenge as City, in its sole discretion, determines appropriate, all at Applicant’s sole cost and expense. This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and costs of suit, attorney’s fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the Applicant, City, and/or parties initiating or bringing such Proceeding. If the Applicant is required to defend the City as set forth above, the City shall retain the right to select the counsel who shall defend the City.

Per Government Code Section 66474.9, the City shall promptly notify Applicant of any Proceeding and shall cooperate fully in the defense.

The General Plan and Zoning Code provisions for conditional uses in Zone D are provided in Attachment 4, agenda report pages 71-73)
CITY COUNCIL ACTION REQUIRED:

According to Piedmont City Code Section 17.68.030, the City Council shall hold a hearing to consider the recommendation of the Planning Commission and any further evidence regarding the applications and either approve or disapprove the Conditional Use Permit and Design Review Permit applications.

Report By: Gopika Nair, Associate Planner
ATTACHMENTS:
1 10-12 Resolution Approving a Modification of a Conditional Use Permit to Include a Convenience Store with the Continued Operation of an Existing Gasoline and Automobile Service Facility and a Design Review Permit for Window and Door Modification on the Existing Building at 29 Wildwood Avenue 2 13-37 Conditional Use Permit and Design Review Permit Application Forms and Application materials including Plan set
3 38-70 Neighbor comments submitted to Planning Commission 4 71-73 The General Plan and Zoning Code provisions for conditional uses in Zone D Agenda Report Page 9
RESOLUTION No.____

A RESOLUTION PARTIALLY APPROVING AND PARTIALLY DENYING AN

APPLICATION REQUESTING A MODIFICATION OF A CONDITIONAL USE

PERMIT, CLARIFYING THE HOURS OF OPERATIONS AND, PARTIALLY

APPROVING AND PARTIALLY DENYING AN APPLICATION REQUESTING A

DESIGN REVIEW PERMIT AT PIEDMONT SHELL AUTO CARE LOCATED AT 29 WILDWOOD AVENUE
WHEREAS, Piedmont Shell Auto Care is requesting a modification to the conditional use permit to:
a. Include commercial retail and to convert 54 square feet within the existing building area to a convenience store; and
b. Install a temporary storage structure for use during future construction; and WHEREAS, Piedmont Shell Auto Care is requesting a design review permit to:
a. Make window and door modifications on the west façade of the existing office and garage building; and
b. To modify the site to include the addition of a temporary accessory storage structure to the east of the existing auto shop and associated exterior electrical hook-ups.; and WHEREAS, in November 2020 the Piedmont City Council approved Piedmont Shell Auto Care’s conditional use permit to include commercial retail and to convert 54 square feet within the existing building area to a convenience store located at 29 Wildwood Avenue, Piedmont, California, which construction requires a building permit; and WHEREAS, Piedmont Shell Auto Care did not get building permit for the approved construction within one year from approval and, as a result, the approved modification to the conditional use permit has expired; and
WHEREAS, Piedmont Shell Auto Care, without required permits, installed a temporary storage structure and installed exterior electrical hookups to the east of the existing auto shop; and WHEREAS, at a regular meeting on December 13, 2021, the Planning Commission conducted a public hearing on the applications and unanimously recommended that the City Council approve the modification to the conditional use permit application to include commercial retail and to convert 54 square feet within the existing building area to a convenience store in accordance with the plans and specifications on file with the City, subject to conditions as well as a design review permit to make window and door modifications on the west façade of the existing office and garage building necessary to the conversion to commercial retail; and WHEREAS, previous Conditional Use Permits for this business did not clarify the hours of operation for the fuel pumps and fuel deliveries, City staff is recommending those hours be delineated in the conditions of approval for this Conditional Use permit; and ATTACHMENT 1 Agenda Report Page 10
WHEREAS, at the same meeting, the Planning Commission unanimously recommended that the City Council deny the modification to the Conditional Use Permit to install a temporary storage structure for use during future construction as well as the design review permit necessary for the installation; and
WHEREAS, as the same meeting, the Planning Commission, after reviewing the applications, plans, and any and all testimony and documentation submitted in connection with such applications, and after having visited the subject property, unanimously recommended that the project is categorically exempt under the California Environmental Quality Act Guidelines Section 15301, Class 1 (a), Existing Facilities;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Piedmont does hereby resolve, declare, determine, and order as follows:

SECTION 1. The above recitals are correct and are incorporated into this Resolution as findings of the City Council. This Resolution incorporates the contents of the staff report and analysis included therein.

SECTION 2. The application to modify the Conditional Use Permit include commercial retail and to convert 54 square feet within the existing building area to a convenience store is hereby approved, as it conforms with the criteria and standards of Section 17.68.040 of the Piedmont City Code, subject to the subject to the conditions of approval detailed in the City Council Agenda Report dated January 18, 2022.

SECTION 3. The application for a design review permit to make window and door modifications on the west façade of the existing office and garage building necessary to the conversion to commercial retail is hereby approved, subject to the conditions of approval detailed in the City Council Agenda Report dated January 18, 2022.

SECTION 4. The application to modify the Conditional Use Permit to install a temporary storage structure for use during future construction is not approved, as it does not conform with the criteria and standards of Section 17.68.040 of the Piedmont City Code.

SECTION 5. The application for a Design Review Permit to modify the site to include the addition of a temporary accessory storage structure to the east of the existing auto shop and associated exterior electrical hook-ups is hereby denied, as it does not conform to the criteria and standards of Section 17.66.060 of the Piedmont City Code.

SECTION 6. The City Council determines that the project is categorically exempt under the California Environmental Quality Act Guidelines Section 15301, Class 1 (a), Existing Facilities.

SECTION 7. The City Council hereby directs Piedmont Shell Auto Care to remove the previously installed accessory structure and associated electrical hook-ups from the site within thirty days.

Alternatively, if a building permit is issued for the work approved in Section 3 of this resolution by February 21, 2022, the accessory structure can be allowed to remain until the construction under ATTACHMENT 1 Agenda Report Page 11
the building permit is deemed substantially complete by the Building Official. At that point, the applicant will have thirty days to remove the accessory structure.

SECTION 8. The Planning and Building Director is the custodian of documents and other materials that were considered by the City Council and constitute the record of proceedings on which this decision was based. The records are located at the Planning & Building Department, 120 Vista Avenue, Piedmont, CA 94611.

SECTION 9. All portions of this resolution are severable. If an individual component of this Resolution is adjudged by a court to be invalid and unenforceable, then the remaining portions will continue in effect.
[END OF RESOLUTION]
ATTACHMENT 1 Agenda Report Page 12

Exterior and Interior Changes to be made to Existing Structure 1) Interior improvement of the office in order to accommodate retail space (prior approval has been granted for a convenience store)
2) Replacement of 2 hydronic lifts in the two garage stalls 3) Temporary shipping container: we are seeking a variance for the continued use of a temporary shipping container for the next 2 years though 2024. In order to perform upgrading of our interior office and retail space and the removal and replacement of (2) hydronic lifts, we require temporary storage space. A computer will be in the accessory structure to track inventory of items that have been transferred from the existing building to the container. The shipping container is necessary for our ability to continue operations while completing the above projects.

Please List Potential Neighborhood Impacts from Business related Activities 1) The temporary shipping container will have little impact on the current and ongoing business activities. The shipping container is placed in an area where we formerly stored excess supplies for the business (tires, batteries, and other supplies). No parking space has been effected. The supplies are now able to be housed inside the container along with a temporary office and equipment for the ongoing operation of the business. 2) The replacement of the car lifts is a life-safety issue. 3) The addition of a retail space inside the station will add a convenience for the neighborhood and for customers. The retail space will sell healthy refreshments and snacks.

Please Indicate How This Use Will Be a Benefit to Piedmont Residents 1) A retail space with healthy refreshments and snacks is a convenience for the neighbors and the customers. Neighbors will no longer have to cross busy Grand Avenue in order to walk to a nearby grocery store.
2) The new hydraulic lifts will ensure new safety measures and meet new environmental requirements.

Please Indicate What Steps You Have Taken to Discuss This Project With Your Neighbors Prior to Submittal:
1) Regrettably we did not discuss the temporary shipping container with our neighbors. We made the assumption that a temporary structure did not need prior approval. We are prepared to do whatever we need to in order to communicate with our neighbors in order to establish an ongoing and positive dialogue with our neighbors and customers.

Please Indicate What Steps You Have Taken to Discuss this Project with City Staff Prior ATTACHMENT 2 Agenda Report Page 19
to Submittal:
1) As far as the shipping container is concerned we did not discuss prior because we didn’t realize we were required to. We are retroactively seeking a variance for the shipping container as a temporary storage area so that we can do the various upgrades to the business: 1) the renovation and addition of a small retail store and office area; 2) and the replacement of 2 hydronic lifts in the garages stations.

The Proposed Use is Compatible with the General Plan and Conforms to the Zoning Code:

The variance for the temporary use of a shipping container is necessary for the business in order to successfully complete the projects that will all benefit the Piedmont community. 1) the replacement of 2 hydronic lifts that are over 50 years old; 3) addition of a retail space that will provide a convenience to neighbors and customers who are looking for snacks and refreshments.

The Use is Primarily Intended to Serve Piedmont Residents The station serves primarily Piedmont residents. The retail space provides walk ability and convince.

The hydronic lifts are essential for our successful and ongoing repair business that Piedmont residents rely on for their car care and maintenance.

The Use will not have a material adverse effect on the health, safety or welfare of persons residing or working in the vicinity.

On the contrary, from speaking with customers there is a clear demand from Piedmont residents for us to provide refreshments and snacks. There will be no change in traffic or noise. The hydronic lifts are outdated and unsafe. New lifts will allow us to safely repair cars.

SCOPE OF ACCESSORY STRUCTURE:

ATTACHMENT 2 Agenda Report Page 20

Additional Questions:
(a) The exterior design elements (including but not limited to height, bulk, area openings, breaks in the facade, line and pitch of the roof, materials, arrangements of structures on the parcel, and concealment of mechanical and electrical equipment) are aesthetically pleasing as a whole and harmonious with existing and proposed neighborhood development in that:

We understand that the temporary accessory structure may be unsightly, however, we have placed it as out of sight as possible. The strucute will be properly maintained, paited, etc. (b) The design is appropriate, considering its effect on neighboring properties existing views, privacy, and access to direct and indirect light because:

The temporary accessory structure is shielded from the view of neighboring residential properties by existing trees and wooed fence.
(c) The safety of residents, pedestrians, and vehicle occupants and the free flow of vehicular traffic are not adversely affected, considering the circulation pattern, parking layout and points of ingress and egress because:

The temporary accessory structure occupies an existing parking space adjacent to the existing garage structure and does not interfere with the flow of vehicular or pedestrian traffic.

ATTACHMENT 2 Agenda Report Page 32

December 6, 2021
To Whom It May Concern,
I am writing this letter in opposition to the proposed CUPs for the Shell Station located at 29 Wildwood Avenue. As background documentation, I have attached an edited copy of the letter I sent in August, in which I cite numerous ongoing violations of city code occurring at the site. Issues cited in that letter include

1. Prohibited and illegal parking;

2. Illicit discharge into city drains;

3. Defacing city sidewalks;

4. Unpermitted changes to the business property (CUP);

5. Creating public nuisances.

It was that letter that was the genesis for the CUPs under consideration.

To approve the Shell station CUP application, the City Council must make the following findings:

1. The proposed use is compatible with the general plan and conforms to the zoning code.

2. The use is primarily intended to serve Piedmont residents (rather than the larger region).

3. The use will not have a material adverse effect on the health, safety or welfare of persons residing or working in the vicinity. Considerations for this finding include: no substantial increase in traffic, parking, or noise; no adverse effect on the character of the neighborhood; no tendency to adversely affect surrounding property values.

As it is currently being operated, the Shell station satisfies none of these requirements.

1. The proposed use is compatible with the general plan and conforms to the zoning code.

The current Shell station operation is not compatible with the General Plan.

In Chapter 3, the Land Use Element of the General Plan establishes Piedmont’s fundamental goals for the use of public and private property.

Policy 2.5: Off-Site Impacts requires the city to “Maintain a conditional use permit procedure for commercial uses which ensures that off-site impacts such as traffic, noise, parking, and odor are disclosed and mitigated to the greatest extent possible.

Buffering and screening should be required between commercial development and adjacent residential properties to minimize the potential for land use conflicts between the two uses.

The requirement for buffering and screening between commercial and residential properties is not being met. Currently the Shell station uses the five-foot setback for used tire storage, customer air hose use, waste oil storage and processing, oil and fuel filter storage and processing, and parking (photographic and video evidence to follow).

Numerous inquiries to the Planning Department questioning the appropriateness of these ATTACHMENT 3 Agenda Report Page 39
activities have gone unanswered. A complaint recently filed with CalEPA, (COMP51765), resulted in Shell being cited for numerous infractions, but did not mitigate the ongoing handling and accumulation of hazardous materials in the residential setback.

Any CUP approval process for the Shell station should be accompanied by appropriate and comprehensive environmental review.

Chapter 6, the Environmental Hazards Element of the General Plan, incorporates two of the mandatory elements of the General Plan—Safety and Noise. The primary goal of this element is to minimize future loss of life, injury, and property damage resulting from natural hazards. A secondary goal is to reduce exposure to hazardous materials, noise, vibration, and other dangers or nuisances associated with the built environment. This Environmental Hazards Element of the General Plan also includes a proactive set of policies to address noise issues in Piedmont. Piedmont residents value their peace and quiet, and enjoy a relatively calm environment considering the city’s location in the center of a major metropolitan area. Policies in this chapter strive to maintain that environment and mitigate activities and land uses that generate noise.

The Shell station violates the spirit and the wording of the Environmental Hazards Element of the General Plan. As outlined in my August letter and complaints to the City, the Shell station has engaged in illicit discharge into city drains, defaced city sidewalks, stored hazardous materials within the buffer between residential and commercial property. In addition, the Shell station regularly violates noise ordinances after regular business hours.

The Shell station operation does not conform to Zoning Code.

Piedmont City Code Section 17.26.040 prohibits all but minor servicing of motor vehicles in Zone D. The Shell station openly violates this City Code Section. The following quote is from the Shell website at
https://www.piedmontshell.mechanicnet.com/
"We are a full service, automotive repair and maintenance shop.

Lube And Oil
Engine/Repair
Electrical systems
Smog/Emissions
Exhaust/System
A/C
Tune-Ups
Suspension
Radiator System
Brakes
Transmission
Body
Tire Inspection
Wheel Alignment
Tow
ATTACHMENT 3 Agenda Report Page 40
We are a modern repair facility. We use the latest computer hardware and software to diagnose your vehicle. We work on all makes and models and can handle all of your car care needs."
In a post to Network Neighborhood on April 7, 2015 the owner, in responding to a customer comment about running out of space, said “ I said well really we need a bigger place for our auto repair business......over to Broadway might be a good place?” He has been aware of ongoing issues for some time. The Shell station has morphed into a "full service automotive repair and maintenance shop," in violation of City Code and with little regard for the detrimental effects on the neighborhood.

2. The use is primarily intended to serve Piedmont residents (rather than the larger region). While this evidence is not conclusive, an analysis of Yelp reviews suggests that Piedmont residents constitute an insignificant minority of Shell station customers.

There are currently 130 reviews of Piedmont Auto Care on Yelp. The majority of reviewers, 77 reviews are from Oakland residents, 48 are from other Bay Area locations and beyond, and only 5 are from Piedmont residents.

3. The use will not have a material adverse effect on the health, safety or welfare of persons residing or working in the vicinity. Considerations for this finding include:
no substantial increase in traffic, parking, or noise; no adverse effect on the character of the neighborhood; no tendency to adversely affect surrounding property values.

For some time now, the Shell station has been operating its fuel dispensing pumps 24 hours a day, 7 days a week. Neither the current nor any previous CUP for the Shell station includes approval to conduct business beyond the CUP stated hours of operation.

On September 27, 2021, I sent an email to the Planning Department requesting clarification of the CUP permitted hours of operation for the Shell station. I wanted to know what city approved document existed to permit the currently occurring 24/7 operation of the fuel dispensing islands. On November 8, 2021, Gopika Nair responded,“The CUP approved regulated store hours alone, meaning they can operate pumps 24 by 7.”
The General Plan requires the city to “Maintain a conditional use permit procedure for commercial uses which ensures that off-site impacts such as traffic, noise, parking, and odor are disclosed and mitigated to the greatest extent possible.” Further, the Conditional Use Permit, Resolution 243-CUP-20 specifically addressed the Piedmont Shell Auto Care request to include commercial retail with hours Monday – Sunday, from 8:00 a.m. to 9:00 p.m. These hours pertain only to the retail use of the Shell station. Overnight operation has not been permitted, and in consideration of the location on a residential border, should never be allowed.

ATTACHMENT 3 Agenda Report Page 41
However, the fuel pumps continue to operate 24/7. The pumps are unattended during the overnight hours and are not in compliance with the section of California State Fire Code that covers unattended fuel dispensing, (included below). --------------------------------------------------------------------------------------------------- - Californa State Fire Code Section 2304 reads as follows:
2304.3 Unattended Self-Service Motor Fuel-Dispensing Facilities Unattended self-service motor fuel-dispensing facilities shall comply with Sections 2304.3.1 through 2304.3.7.
2304.3.1 General
Where approved, unattended self-service motor fuel-dispensing facilities are allowed. As a condition of approval, the owner or operator shall provide, and be accountable for, daily site visits, regular equipment inspection and maintenance. 2304.3.2 Dispensers
Dispensing devices shall comply with Section 2306.7. Dispensing devices operated by the insertion of coins or currency shall not be used unless approved. 2304.3.3 Emergency Controls
Approved emergency controls shall be provided in accordance with Section 2303.2. Emergency controls shall be of a type that is only manually resettable. 2304.3.4 Operating Instructions
Dispenser operating instructions shall be conspicuously posted in approved locations on every dispenser and shall indicate the location of the emergency controls required by Section 2304.3.3.
2304.3.5 Emergency Procedures
An approved emergency procedures sign, in addition to the signs required by Section 2305.6, shall be posted in a conspicuous location and shall read:

IN CASE OF FIRE, SPILL OR RELEASE

1. USE EMERGENCY PUMP SHUTOFF

2. REPORT THE ACCIDENT!
FIRE DEPARTMENT TELEPHONE NO.______
FACILITY ADDRESS _____________________
2304.3.6 Communications
ATTACHMENT 3 Agenda Report Page 42
A telephone not requiring a coin to operate or other approved, clearly identified means to notify the fire department shall be provided on the site in a location approved by the fire code official. ----------------------------------------------------------------------------------------- The Shell station borders a residential neighborhood on two of it's three sides, and as such, this unapproved activity is extremely inappropriate and potentially dangerous.

The neighbors have the right to expect peace and quiet in the overnight hours and that expectation should be protected. All of us who have taken our cars in for service are familiar with the many loud noises generated by repair facilities. Tire air guns produce a noise level of 104 dBA and the air chisels used in body shops emits 112 dBA. An accelerating diesel truck emits 114 dBA and even 100 dBA while idling. A late-night or all-night gas station creates noise issues.

I am particularly concerned about the lack of compliance with the emergency provisions referenced above. The State Fire Code allows unattended pump operation only with previous approval. The pumps are not in compliance with the regulations requiring Emergency Controls, Operating Instructions, Emergency Procedures, and Communications. The result is a major safety concern. I sent emails expressing my concerns to Piedmont Fire Chief Brannigan in early November. I advised him of the State Fire Code violations. My emails have gone unanswered. In a conversation with the Shell owner, he revealed that he was unaware of these fueling requirements.

The Shell station was in operation for several decades before the public was made aware of the high levels of pollution that are generated by service stations. With what is now known, a gas station would never be approved at this location, sitting as it does atop the confluence of Bushy Dell and Pleasant Valley creeks. Testing records indicate that discharges from the Shell station have been contaminating the groundwater flowing into Lake Merritt with Total Purgeable Petroleum Hydrocarbons, (TPPH), and Benzene, a known carcinogen and fish toxin, at levels more than 50 times the recommended limit for at least 30 years. Additionally, the UST vents spew benzene vapors at the window of a neighboring house just 10 feet away and spreads to the other homes and a daycare nearby.

Sufficient regulatory governance exists at the federal, state, and local levels to minimize the adverse impact of the Shell station operations on the surrounding neighborhood. However, absent a committed monitoring and enforcement process, this guidance is worthless. The lack of responsiveness by the city conflicts with the city's stated interest in protecting the environment.

I am concerned not only with environmental implications of after-hours unattended fueling but the impact on neighbors of a retail store operating late at night at the Shell station. Operation of a retail store past normal business hours (Ace closes at 6:00 p.m.) will encourage, noise, loitering, and other issues. Convenience stores accounted for about 3% of violent crimes overall in 2020, and gas stations accounted for about 2%, according to new statistics released by the Federal Bureau of Investigation (FBI). Out of a total of 675,715 violent crimes represented by National Incident-Based ATTACHMENT 3 Agenda Report Page 43
Reporting System (NIBRS) data, 20,108 incidents occurred at convenience stores in 2020, and 11,795 occurred at gas stations, the data shows.These statistics make convenience stores and gas stations the fourth and seventh most common locations for violent crime, respectively.

I am not asking to close the Shell station. I am only asking that as you consider approval of the proposed CUPs, you also consider what steps must be taken to ensure that the Shell station operates within the guidelines of the General Plan and the City Code and with the least impact on the surrounding neighbors. Thank you for your conscientious consideration.

Warmest regards,
Don Dare
ATTACHMENT 3 Agenda Report Page 44
Request for approval of an existing shipping container installed without permit.

The Shell CUP application asserts that the installed container “is placed in an area where we formerly stored excess supplies for the business, (tires, batteries and other supplies). No parking space has been effected.” The above photographic evidence clearly disproves this contention. As illustrated by the number of illegally parked vehicles on the sidewalks on Wildwood and Grand Avenues, the container occupies sorely needed on-site parking. Two derelict vehicles permanently parked on the west side of the building further reduce the available number of parking spaces.

ATTACHMENT 3 Agenda Report Page 45
Accumulation of Hazardous Materials in Residential Setback contradicts General Plan.

The buffering and screening between commercial development and adjacent residential properties required in the General Plan is nonexistent at the Shell station. Instead, the setback is used to process and store hazardous materials and toxic waste, store used tires, park and perform work on vehicles, and provide a compressed air hose for customers. The Underground Storage Tanks vent is also located within the setback.

ATTACHMENT 3 Agenda Report Page 46
Customer Air Hose in Residential Setback contradicts the General Plan This series of photos shows the current location of the customer air hose and some examples of the daily parade of illegally parked vehicles that come to use it. This location is within both the 10 foot Wildwood setback and the 5 foot residential setback.

The ongoing nuisance and hazmat accumulation creates a
challenge for pedestrians, especially the handicapped,
wheelchair bound or blind persons.

ATTACHMENT 3 Agenda Report Page 47
Unlawfully parked vehicles at the Shell station
Piedmont City Code - SEC. 11.48 PARKING WITHIN ALLOTTED SPACE In such areas where any painted or marked lines have been placed on the pavement for the purpose of allotting space to parked vehicles, it shall be unlawful for the operator of any vehicle to park his vehicle, unless the vehicle is entirely within the limits of the allotted space. The Shell station regularly squeezes 4 cars into the 3 designated spaces on Wildwood. Usually it is a combination of employee and customer vehicles. This is further evidence of this business’s severe parking shortage.

ATTACHMENT 3 Agenda Report Page 48

December 8, 2021
To Whom It May Concern,
We are writing to express our opposition to the proposed Conditional Use Permit and Design Review Permit (#21-0334 & #21-0335) for Piedmont Shell Auto Care at 29 Wildwood Avenue.

We live at 1250 Grand Avenue. We have lived in Piedmont for seven years. Thank you for taking the time to consider our observations and thoughts on Piedmont Shell Auto Care’s permit applications.

Unfortunately, based on repeated violations of various Piedmont ordinances, we cannot in good faith support further development at the Shell Auto Care. While we support the business owner’s overall goal to improve his business, we have found that he has skirted and violated ordinances that are intended to create and maintain good neighborly relations. The Shell Auto Care has repeatedly engaged in prohibited and illegal parking, discharged dangerous fluids into city drains, has defaced sidewalks by regularly conducting maintenance and repair on cars parked on the sidewalk, and violated noise ordinances. When this behavior was called to the owner’s attention and to the city’s attention, it did not abate.

Most importantly, we do not support any permit that would allow business operations until 10:00 p.m. at night. Ace Hardware closes at 6:00 p.m. We hope that you will balance the needs of the business with the fact that it is situated in a densely residential area. Because our home is near a busy commercial corridor, noise reduction in the evening is very important. As things currently exist, we suffer daily from a loud 9:00 p.m. opening and release of the air compressor used in the mechanic bay. It is insufferable. Our more immediate neighbors also deal with gasoline refueling and deliveries at all hours of the night. Noise that even carries to our home. A convenience store that operates until 10:00 p.m. will drive further traffic and noise to the corner of Wildwood Avenue.

It should also be noted that a convenience store is a leading cause of crime. We are extremely concerned about attracting further blight, loitering, and crime to the Wildwood Avenue corner.

We already live with transient use of the Shell Auto Care facilities that spills over to our property.

We are concerned for the safety of our children and our neighbors closer to the station (who also have children). Despite the stated convenience for Piedmont residents, another convenience store already exists 269 feet away from the Shell Auto Care (a one minute walk per Google Maps). There is no need for a second convenience store.

The City has not shown itself as a willing and engaged administrator of its own requirements.

There have been numerous violations ranging from incompatibility with the zoning code (Piedmont City Code Section 17.26.040 prohibits all but minor servicing of motor vehicles in Zone D) to violation of the existing CUP (via 24/7 pump operation) to endless violations of parking and setbacks. All of these have been brought to City attention via formal channels.

The owner/operator has not shown himself as willing to comply with the requirements. Again, through both formal and informal channels there have been numerous and continuous violations of the existing requirements.

ATTACHMENT 3 Agenda Report Page 51
In this context it makes little sense for the City to obligate itself to greater complexity via enhancing the CUP, nor to give the owner/operator greater freedoms, all at the expense of the Piedmont residents who are simply asking both parties to uphold their current obligations.

The new CUP should be denied and only reconsidered when the existing CUP is being monitored and met.

Miguel and Maria DeAvila
ATTACHMENT 3 Agenda Report Page 52

Gopika Nair
Planning & Building Department
City of Piedmont
120 Vista Avenue
Piedmont, CA 94611
December 9, 2021
Dear Ms. Nair,
We are residents of 1246 Grand Ave, next to the 29 Wildwood Ave property applying for the conditional use & design review permit.  We have reviewed the files associated with this property and would like to bring attention to 3 issues:

RETROFIT UNDERGROUND GAS TANKS & CURRENT CONDITIONAL USE PERMIT:

In the handwritten notice by the applicant & CUP permit application, Jeff Hansen wrote that his project would include “removing underground gas tanks”.    In the CUP permit, he mentions that the fuel tank upgrades are federally mandated & EPA requirements.    However, in the stormwater requirement checklist, he states that the impervious surface will be left undisturbed and there’s no mention of underground tank retrofit.  This checklist contradicts the notes in the CUP permit application.    There’s no mention of the underground gas tank retrofit work in the City of Piedmont’s memorandum – Could this be an oversight?
In addition, there are no plans, documentations, or project timeline available for public review on the proposed retrofit of those underground tanks.  We are concerned about ground contamination and would like to see tank testing data as well as tank removal safety hazard plans prior to any work being done.    This retrofit project could cause serious health and environmental issues from vapor inhalation and exposure to harmful contaminants, which will have an adverse effect on the health, safety, and welfare of anyone in the vicinity.

The permitting of underground gas tanks retrofit should be denied & excluded from this conditional use & design review permit #21‐0334 & #21‐0335.    We understand that this work is federally mandated and necessary by 2025.

Therefore, Mr. Hansen can apply for another design review and/or conditional use permit at a separate instance with proper documentation and testing data.

CEQUA should not be waived; this may be an existing business, but there has been a lot discovered about the dangers of benzene, and volatile organic compounds, to the health of adults and children living near gas stations, and this is reflected in the fact that CARB has been recommending a 300’ distance between new gas stations and sensitive land uses like the homes and daycare that are all less than 300’ from the Shell station; additionally, there have been hazardous wastes stored for years within 2 feet of the property line.  This retrofit should be held to the highest of standards.

In the City of Piedmont’s memorandum page 5, the claim that there will be no material adverse effect on the health, safety, or welfare of persons residing or working in the vicinity is a baseless platitude.  There is also a claim that there will be no substantial increase in traffic, parking or noise is preposterous.  Parking is terrible on Grand Avenue and very few drivers observe the parking permit spots.  There are some Ace shoppers who park right on the crosswalk and walk across the street and people that block our driveway.  Traffic and noise are also a regular issue‐ there was recently a pedestrian killed right between two crosswalks at the Safeway.  We find it difficult to cross Grand Ave at a crosswalk with two kids and two dogs because most drivers are speeding and don’t want to stop.  Presently, the Shell Station does create adverse effects on our health because you can be overexposed to VOCs even when you can’t smell anything‐ and ATTACHMENT 3 Agenda Report Page 55
we can smell gasoline.  It’s reprehensible that the Shell Station has been a very consistent scofflaw regarding codes, permits, parking, gasoline vapors during refueling, they’re not even honoring the existing CUP and Piedmont is glossing over serious issues and shilling for the Shell Station.

It appears that if something is not specified in the CUP, like 24/7/365 gas pumps and fuel tankers arriving in the middle of the night, then the city defers to Shell and says the activity is not proscribed by the CUP.   The city should look at the municipal codes and CUPs of other cities because there is too much room for abuse with the CUPs.   One good example of this is the CUP for the ACE encourages the ACE employees to park on Linda Ave so that they don’t take up the much‐ needed parking spaces around the ACE; and of course, the ACE employees park all day in the green spaces and never get a ticket!
EXISTING TIRE STORAGE:

In the architectural drawing existing site plan A1.10, the existing tire storage is inside the 5’ feet property set back line adjoining to our property.   This existing storage is not acceptable and is considered illegal per the California Fire Code, Title 24 of the California Code of Regulations, sections 3405.4 ‐ Distance from Lot Lines and Buildings:
“Tire storage piles containing less than 500 waste tires shall be located no closer than 10 feet from lot lines or buildings; however, tire piles containing less than 500 waste tires may be stored within 10 feet of lot lines or buildings after the operator has obtained approval from the fire code official. Waste tire piles containing less than 500 waste tires shall not exceed 6 feet in height when within 20 feet of any property line, building, or perimeter fencing.” We respectfully request that the existing storage of tires be relocated elsewhere on the property, and not next to adjoining private residences.

We opposed to this conditional use permit & design review permit #21‐0334 & #21‐0335 at 29 Wildwood Ave.

Thank you for your attention & consideration.

Best regards,
Bernice & Mike Gallagher
ATTACHMENT 3 Agenda Report Page 56

08/24/2021
Sara Lillevand, Piedmont City Administrator
John Tulloch, Piedmont City Clerk
Kevin Jackson, Director of Planning & Building
Daniel Gonzales, Director of Public Works
Jeremy Bowers, Chief of Police
We are writing to discuss our concerns over the ongoing violations of Zone D and other Piedmont City Codes currently occurring at the Shell station at 29 Wildwood Avenue. These issues include;

1. Prohibited and illegal parking

2. Illicit discharge into city drains

3. Defacing city sidewalks,

4. Unpermitted changes to the business property, (CUP).

5. Creating public nuisances
The Shell station has added an unpermitted additional outdoor lift in order to work on more vehicles at a time. It has replaced one of the very limited number of parking spaces with an unpermitted shipping container. To accommodate this increase in activity in a limited space, it has incorporated the city sidewalk that surrounds his property to park the overflow of vehicles in excess of those in the minimal available on-site parking.

In addition to the three active lifts on site, mechanics can frequently been seen working under the hoods of cars parked on the city sidewalk. The Shell station is operating in violation of numerous city codes and to the disadvantage of its neighbors.

Section 17.26.040 prohibits all but minor servicing of motor vehicles in Zone D. I suggest that the current level of servicing and repair activity is stretching the term “minor servicing’’ beyond it’s limit. I would like to have this term clearly defined.

Section 17.26.050 defines a street yard setback of 10 feet along Wildwood Avenue and

17.30.040 does not allow parking within that street setback. The photos included with this document clearly demonstrate how these regulations are being ignored.

Additionally, the site plan included with the Shell station’s most recent CUP application shows that the 10 foot setback does not include the sidewalk. This document suggests it is currently a violation of these regulations to park within 10 feet of the sidewalk.

17.30.060 prohibits removal of a parking space without approval. When I requested information from the city concerning Shell doing this, I was advised that there had been no application or request, nor any permit or CUP granted for the Shell station to replace an existing parking spot with the currently installed full size shipping container. The same lack of oversight guided the installation of the currently operating outdoor lift.

Both installations violate Sections of Division 17.68 – Conditional Use Permit.

ATTACHMENT 3 Agenda Report Page 61
Section 18.5 prohibits defacing public sidewalks. I have attached photos to document vehicle service work being performed on the sidewalk as well as the resultant grease, oil and other fluid stains.

18.22 prohibits the obstruction of any portion of any sidewalk.

18.25 permits the PPD to abate any nuisance as defined in 18.22. Calls to the PPD for help resolving the parking issue were always responded to, but there was no real enforcement. No tickets were issued nor cars towed, and the end result of each encounter has always been continued non-compliance and violations by Shell.

Section 6.4 makes it unlawful to cause, maintain, permit or allow a nuisance. Unlawful conditions covered in this section which I believe apply to the Shell station include:

B. Rubbish, refuse, unsightly accumulations of dirt, sand, gravel, and the like on parkways, sidewalks, streets or private property in the city.

C. Any structure, other improvement, activity, use, or act on private or public property which is in violation of the provisions of the Piedmont City Code; R. The unpermitted release, discharge, placement, spill or deposit of any hazardous substance or waste on private or public property
S. The unpermitted release, discharge, placement, spill or deposit of materials, hazardous or otherwise, in or on City streets, the public right-of-way, storm drains or creeks;
T. Conditions creating or contributing to a substantial likelihood of an unpermitted release, discharge, placement, spill or deposit of materials, hazardous or otherwise, in or on City streets, the public right-of-way, storm drains or creeks, as determined by the Director of Public Works
U. Conditions that support the development, attraction or maintenance of vectors; Despite repeated requests, including a visit from Alameda county vector control, Mr.

Hansen either has been unable or refuses to stop his employees from feeding pigeons.

Pigeon droppings appear to be the most important source of the disease fungus Cryptococcus neoformans in the environment. I have chronic pneumonitis caused by Stage 4 cancer treatments, and can ill afford to be near this ongoing activity.

Regarding Chapter 30 – Storm Water Management and Discharge Control, by allowing oil, grease and other toxic fluids to accumulate on the city sidewalk that slopes toward an adjacent city storm drain, and by hosing out the bays, washing the tarmac and allowing the runoff to flow into city drains, the Shell station is ignoring and in violation of the following regulations under 30.10.

SEC.30.10 Reduction of Pollutants in Storm Water.

Any person engaged in activities which will or may result in pollutants entering the City storm drain system shall undertake all practicable measures to reduce such pollutants.

Examples of such activities include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting City street, etc. The following minimal requirements shall apply.

30.10.1 - The occupant or tenant, or in the absence or occupant or tenant, the owner, lessee, or proprietor of any real property in the City of Piedmont in front of which there is a paved sidewalk shall maintain said sidewalks free of dirt or litter. Sweepings from said sidewalks shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be ATTACHMENT 3 Agenda Report Page 62
disposed of in receptacles maintained on said real property as required for the disposal of garbage.

30.10.2 - Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station tarmac or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the City storm drain system.

Chapter 11 contains two Sections which make the city’s position on parking on the sidewalk very clear.

11.49 Parking on Sidewalks - It shall be unlawful for any person to park, place or leave standing any vehicle, or any part thereof, on any sidewalk.

SEC. 11.84 Permit Parking in Front of Private Driveways - Within districts which have been previously designated by the City Council as "Parking Impacted Districts," the Police Chief may issue at the discretion of the Police Chief a permit to a Piedmont resident to park in front of that resident's private driveway; provided that under no circumstances shall this authorize parking on a City sidewalk.

We have lived next door to the Shell station for over 39 years. We have always gotten along well with the owners, including Mr. Hansen. We have never had occasion to to complain to City Hall or call the PPD prior to these recent developments. We support Mr.

Hansen’s right to run his business, and only ask that he follow the rules in doing so. As his operation grows, and the traffic becomes unmanageable, a neighborhood business is becoming a neighborhood nuisance. We should not have to go to such lengths to seek redress from the city and can only assume that the push back we have received is because of Mr.

Hansen’s solid standing in the community. However, his civic contributions do not excuse or permit the current conditions. The significant expansion of a once friendly little neighborhood gas station into a neighborhood nuisance by an ongoing series code violations may in fact be contributing to a decline in the market value of my property. We are requesting that the appropriate city departments take immediate action to remediate this untenable situation.

Thank you for your attention to these issues. Please review the accompanying photos and exhibits.

Don and Dianne Dare
ATTACHMENT 3 Agenda Report Page 63
These photos document the Shell station’s
daily violation of Piedmont City Code Section

17.26.050 which creates a setback of 10 feet
along Wildwood Avenue, and Section

17.30.040 which prohibits parking within that
setback. Additionally, Section 18.5 prohibits
defacing of public sidewalks and Section 18.22
prohibits the obstruction of any portion of any
sidewalk. Also, Section 11.49 makes it
unlawful for any person to park, place or leave
standing any vehicle, or any part thereof, on
any sidewalk.

ATTACHMENT 3 Agenda Report Page 64
ATTACHMENT 3 Agenda Report Page 65
In this photo there are 10 cars parked illegally,
either on the sidewalk or within the setback.

This shipping container was installed
removing a parking spot without a permit.

Despite repeated requests to stop, over several
years, Shell employees continue to feed the
pigeons, creating a nuisance and a health
hazard. Below are photos of the roof outside
my bedroom window and a neighbors car
parked on Wildwood Ave. Both are covered in
pigeon feces. Even a visit from Alameda
County Vector Control failed to convince them
to stop.

ATTACHMENT 3 Agenda Report Page 66
These photos document additional accumulations of oil and grease on city sidewalks, within the no parking setback, and on Shell property at the handicapped parking spot and by the unpermitted lift. They routinely allow hose water runoff to flow across some of these areas and into city drains, (see next page).

ATTACHMENT 3 Agenda Report Page 67
Pictures from 8/21/21 show an employee hosing
out the lift bays and washing down the tarmac,
including the above pictured filthy handicapped
parking spot the grease and oil covered section of
the Grand Avenue sidewalk. The water runs into
a drain clearly marked as draining to the lake.

Also, on their sidewalk near this drain is a
collection of more pigeon feces from the birds
they feed.

ATTACHMENT 3 Agenda Report Page 68
This site plan, taken from the Shell Station’s most recent CUP application, shows that the mandated 10 foot setback along Wildwood does not include the sidewalk but extends for the next 10 feet beyond it. Current city regulations prohibit parking on the sidewalk or within the setback. The new CUP further requires 7 on-site parking spaces, down from the 10 required for the previous decade’s CUP. It will be difficult to find 7 legal parking spaces on the property while adhering to current Piedmont City Code. Also, I have been told by a city official that the Shell station owns the sidewalk. The legal description of the property taken from the Grant Deed clearly indicates that this is not the case. (see next page) ATTACHMENT 3 Agenda Report Page 69
ATTACHMENT 3 Agenda Report Page 70
PIEDMONT CITY CODE CHAPTER 17 AND GENERAL PLAN
ZONING AND CODE COMPLIANCE:

Zoning includes the administration of City Code Chapter 17 (the Zoning Ordinance) and other development regulations of the Piedmont Municipal Code and providing zoning and regulatory information to property owners and their professionals. This responsibility includes the processing of applications for conditional use permit, nonresidential signs, second unit permit, wireless communication facilities, subdivision, lot line adjustment and parcel merge.

Code Compliance
In accordance with section 17.68.010(B):
(1) A conditional use permit is required for a use listed as a conditional use in any zone, or a change in an existing conditional use. A conditional use permit is not required for a single-family residence.
(2) A conditional use permit is required for new construction, or a structural change to commercial or mixed use in Zone D.

Zoning
The proposed use is located in Zone D. According to Division 17.26 of the City Code, Zone D is established to regulate and control commercial and mixed-use commercial/residential development, where pedestrian-oriented commercial development will serve city residents, consistent and in harmony with the character of the neighborhood and adjacent residential areas.

Commercial uses which will serve the residents of the City are those uses which residents would be expected to use on a regular basis. They do not include uses which would be expected to draw the major portion of their clientele from outside the City of Piedmont and the surrounding area.

According to Piedmont City Code section 17.26.030, the following principal uses are allowed as conditional uses in Zone D:

A. Religious assembly.

B. Private school, or day care facility associated with a religious assembly use. A pre-existing school not having a use permit may continue as a non-conforming use as long as the use is not expanded.

C. Small or large family day care home in accordance with Government Code sections 1597.43 - 1597.47.

D. Retail, office, and service commercial uses of a type that will primarily serve city residents.

Commercial uses that will primarily serve city residents are those uses residents would be expected to use on a regular basis, and not uses that would be expected to draw the major portion of their clientele from outside the city.

A structural change or minor change in actual existing use in a commercial building requires a ATTACHMENT 4 Agenda Report Page 71
PIEDMONT CITY CODE CHAPTER 17 AND GENERAL PLAN
new conditional use permit. Change in actual existing use means the addition, withdrawal, or other modification of:

1. The type or quality of service or product being marketed;

2. The time or place of delivery of the service or product;

3. The manner or method of delivery of the service or product; or

4. The number of personnel on the site, where the addition, withdrawal, or other modification changes the facts upon which a conditional use permit was based.

E. Mixed-use commercial/residential development. Mixed-use commercial and residential developments must have both:

1. Ground floor retail, office, or service commercial uses to primarily serve city residents.

Ground floor residential use is not permitted, except for an entry to the upper floor(s); and

2. Multi-family residences above the ground floor of not more than 12 units per net acre.

When affordable housing is provided, the Planning Commission will grant a density bonus in accordance with Government Code section 65915.

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

According to Piedmont City Code section 17.26.040, the following principal uses are prohibited uses in Zone D: manufacturing, wholesaling, distributing, or industrial use; motor vehicle sales or service, except minor servicing; hotel or motel; fast food restaurant; or drive-through establishment.

GENERAL PLAN:

The Piedmont General Plan is a State-mandated document containing the city's official long-range policies for land use and development. Its policies affect a wide range of topics, including transportation, housing, natural resources, parks, public services, community design, and infrastructure. The Plan is organized into 11 elements or chapters.

CHAPTER 3- LAND USE ELEMENT
Future Land Use Plan- Grand Avenue
The commercial district along Grand Avenue between Linda and Wildwood Avenues has the potential for a small amount of additional development. Although there are no vacant lots, some of the commercial properties are aging and are not used as intensively as they might be. Private redevelopment of some of these properties is possible and is permitted under existing zoning. The five single family houses within the commercial district are in excellent condition and are not expected to be replaced; however, conversion to office, retail, or multi-family residential uses could occur.

In the event that any property in the Grand Avenue commercial area is redeveloped, the city strongly supports mixed use projects which combine residential and commercial uses.

Development which includes ground floor retail shops and upper story office or residential use is ATTACHMENT 4 Agenda Report Page 72
PIEDMONT CITY CODE CHAPTER 17 AND GENERAL PLAN
encouraged. The commercial district should not be expanded beyond its current boundaries, however, since such expansion would encroach on established, stable residential uses.

Land Use Element Goal 2: Commercial and Mixed-Use Areas - Provide for a limited range of commercial uses which serve the basic needs of the community.

Policy 2.1: Local-Serving Emphasis
On the city’s limited commercial land supply, strongly encourage activities that meet the needs of Piedmont residents rather than region-serving activities. By supporting localserving businesses in these areas, Piedmont can advance its goals of reducing driving, promoting walking, and creating a more balanced and well-rounded community.

Policy 2.5: Off-Site Impacts
Maintain a conditional use permit procedure for commercial uses which ensures that offsite impacts such as traffic, noise, parking, and odor are disclosed and mitigated to the greatest extent possible. Buffering and screening should be required between commercial development and adjacent residential properties to minimize the potential for land use conflicts between the two uses.

ATTACHMENT 4 Agenda Report Page 73
Item #5 – Conditional Use Permit & Design Review Permit for 29 Wildwood Avenue Correspondence Received Before 4:30 p.m. on Tuesday, January 18th Dear Piedmont City Council,
We are writing to oppose both the 24/7 gasoline sales and the early-morning (before 8am) and late-night auto repair (past 6:00 pm) at the Piedmont Shell Station.

First, the provision for 24/7 gasoline sales to the proposed Shell Station Conditional Use Permit was added after the fact by the City. A request for 24/7 gasoline sales was not included in the original CUP application by the owner of the Shell Station. Moreover, this modification was not considered at the December Planning Commission meeting where neighbors and residents of Piedmont were able to comment.

Second, we oppose the early-morning (before 8am) and late-night (after 6pm) auto repair. There is no rationale presented as to why this business should have hours outside of standard business hours and those held by other businesses in Zone D. Piedmont enforces Mon-Sat 8am-6pm construction hours, in major part to minimize noise nuisance for its residents. This reasoning is equally appropriate to auto repair. Again, as with the 24/7 gasoline sales, the original CUP application did not include a request to expand the hours for auto repair and the expanded hours proposed by the Planning Commission has not been subject to public notification and comment.

The hours of service added by Planning Commission even if characterized as "conditions of approval," are not terms of approval, but business hours that should be articulated in the CUP itself. (It seems that in the history of the CUPs submitted, language regarding hours for the retail operation was mixed with hours for the auto repair - resulting in longer allowed auto repair hours.)
To add a modification that was not requested in the original application and to do so without public notification and comment violates section 17.26.030, 17.62.030, and the other Administrative sections of the City Code.

The noise related to 24/7 gasoline sales, and current auto repair noise, has been disruptive and a nuisance to the neighborhood in violation of the Piedmont City Code. The intent of the City Code is outlined in section 17.02.010 (B). As that section states, the residents wish, in pertinent part, to preserve the "the architectural heritage and beauty of the city's homes, the mature vegetation, the tranquility and privacy that now exist, and significant views;" allow commercial uses that serve residents and promote property improvements without sacrificing these goals.

The proposed hours related to the Piedmont Shell Station sacrifice and directly impact in the negative the tranquility and privacy of the neighbors. To permit the proposed hours for gasoline services and auto repair violates Piedmont's own City Code.

Further, section 17.04.040, regarding public nuisance, states that the approval of any permit does not authorize the maintenance of a public nuisance and a violation of this provision of the division is a public nuisance. (See also section 17.80, et al.) Again, to permit operation of 24/7 gasoline sales and late-night auto repair past normal business hours in Piedmont goes against the City Code as outlined above.

Finally, this body may impose reasonable conditions necessary to protect the public health, safety, and general welfare. (17.64.030.) Please do so.

We have refrained from emailing and calling for every noise disturbance and violation of Piedmont City Codes in hope of effectively using City time and resources. We can no longer sit quietly and will seek further remedies going forward.

Miguel and Maria DeAvila
Dear Mayor King and Council,
Adjacent neighbor Don Dare at 31 Wildwood spent months having the City finally require the Shell station to stop parking on City sidewalks. Don and Mike Gallagher at 1246 Grand Ave informed the City as early as 8/24/21 of chemical hazards immediately next to their homes; the City took action 1/6/22 when a complaint was received from the Department of Toxic Substance Control (COMP-52727). Neighbors have been subject to ongoing hazards as noted by the 8/31/2021 inspection report by the Alameda County Department of Environmental Protection Health (“ACDEH”). That report states “All violations noted in the inspection report shall be corrected immediately.” 1/5/2022 follow up inspection by ACDEH notes six separate instances of continuing violations. Dec 13, 2021 the Piedmont Planning Commission (“PC”) rejected with prejudice the use of the shipping container on site that remains today.

The PC principally allowed the convenience store because the other gas station in town on Highland Avenue has one. There are no resident neighbors on Highland Ave. Further the many violations I note above would have been allowed for about five minutes on Highland Ave. PCC

17.68.040 mandates CUP approval contingent upon “The use will not have material impact on the health, safety or welfare of persons … residing in the vicinity.” Quite literally the health and welfare of the immediate neighbors of Shell has been negatively impacted.

Living a block away I am unaffected by Shell and I recognize that Piedmont Shell’s auto repair serves Piedmont residents and has a good reputation. I write in the spirit of PCC 17.68.040 and the intrinsic character of Piedmont that resident right to quiet enjoyment and health is respected by both other residents, adjacent businesses and City Hall.

No permit has been granted Shell to sell gas 24 hours a day and I know this is of concern to adjacent neighbors. Kindly consider the rights of resident neighbors when discussing 24 hour gas sales.

Respectfully,
Rick Schiller
Dear Piedmont City Council,
We are in agreement with and fully support all of the points made by our neighbors in the below email regarding the Shell Station.

Holly Bybee and Roger Tinkoff
Dear Piedmont City Council,
We are writing to oppose both the 24/7 gasoline sales and the early-morning (before 8am) and late-night auto repair (past 6:00 pm) at the Piedmont Shell Station.

First, the provision for 24/7 gasoline sales to the proposed Shell Station Conditional Use Permit was added after the fact by the City. A request for 24/7 gasoline sales was not included in the original CUP application by the owner of the Shell Station. Moreover, this modification was not considered at the December Planning Commission meeting where neighbors and residents of Piedmont were able to comment.

Second, we oppose the early-morning (before 8am) and late-night (after 6pm) auto repair.

There is no rationale presented as to why this business should have hours outside of standard business hours and those held by other businesses in Zone D. Piedmont enforces Mon-Sat 8am-6pm construction hours, in major part to minimize noise nuisance for its residents. This reasoning is equally appropriate to auto repair. Again, as with the 24/7 gasoline sales, the original CUP application did not include a request to expand the hours for auto repair and the expanded hours proposed by the Planning Commission has not been subject to public notification and comment.

The hours of service added by Planning Commission even if characterized as "conditions of approval," are not terms of approval, but business hours that should be articulated in the CUP itself. (It seems that in the history of the CUPs submitted, language regarding hours for the retail operation was mixed with hours for the auto repair - resulting in longer allowed auto repair hours.)
To add a modification that was not requested in the original application and to do so without public notification and comment violates section 17.26.030, 17.62.030, and the other Administrative sections of the City Code.

The noise related to 24/7 gasoline sales, and current auto repair noise, has been disruptive and a nuisance to the neighborhood in violation of the Piedmont City Code. The intent of the City Code is outlined in section 17.02.010 (B). As that section states, the residents wish, in pertinent part, to preserve the "the architectural heritage and beauty of the city's homes, the mature vegetation, the tranquility and privacy that now exist, and significant views;" allow commercial uses that serve residents and promote property improvements without sacrificing these goals. The proposed hours related to the Piedmont Shell Station sacrifice and directly impact in the negative the tranquility and privacy of the neighbors.

To permit the proposed hours for gasoline services and auto repair violates Piedmont's own City Code.

Further, section 17.04.040, regarding public nuisance, states that the approval of any permit does not authorize the maintenance of a public nuisance and a violation of this provision of the division is a public nuisance. (See also section 17.80, et al.) Again, to permit operation of 24/7 gasoline sales and late-night auto repair past normal business hours in Piedmont goes against the City Code as outlined above.

Finally, this body may impose reasonable conditions necessary to protect the public health, safety, and general welfare. (17.64.030.) Please do so.

We have refrained from emailing and calling for every noise disturbance and violation of Piedmont City Codes in hope of effectively using City time and resources. We can no longer sit quietly and will seek further remedies going forward.

Miguel and Maria DeAvila