City of Piedmont
COUNCIL AGENDA REPORT
DATE: September 18, 2023
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: 2nd Reading of Ordinance 769 adding Division 17.67 to Chapter 17 of the Piedmont Municipal Code for Ministerial Design Review Permits, amending Division 17.38 and Section 17.64.020 pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units, and adding provisions for the use of Pre-approved Plans, amending various sections of the Piedmont Municipal Code to update references to Piedmont’s Design Standards and Guidelines and clarifying application requirements, and amendments to implement objective standards for Multifamily and Mixeduse Commercial and Residential Buildings.
RECOMMENDATION:
Approve the second reading of Ordinance 769 N.S. – Amendment of Chapter 17 of the City Code for Ministerial Design Review Permits, amending Division 17.38 and Section 17.64.020 pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units, and adding provisions for the use of Pre-approved Plans, amending various sections of the Piedmont Municipal Code to update references to Piedmont’s Design Standards and Guidelines and clarifying application requirements, and amendments to implement objective standards for Multifamily and Mixed-use Commercial and Residential Buildings in accordance with recent State legislation and Declaration of CEQA Exemption
BACKGROUND:
On September 5, 2023, the City Council approved a first reading of Ordinance 769 N.S. – adding division 17.67 to Chapter 17 of the Piedmont Municipal Code for Ministerial Design Review Permits; amending Division 17.38 and Section 17.64.020 pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units, and adding provisions for the use of Pre-approved Plans; and amending Piedmont Municipal Code sections 17.02.010, 17.32.020,
17.34.020, 17.36.030, 17.36.040, 17.42.040, 17.46.080, 17.50.020, 17.62.030, 17.64.030,
17.66.010, 17.66.020, 17.66.040, 17.66.060, 17.78.040, 17.90.010, and 17.90.020 to update references to Piedmont’s Design Standards and Guidelines and clarify application requirements in accordance with recent State legislation. On September 5, 2023, the City Council adopted a Declaration of CEQA Exemption for the project. A second and final reading is required for adoption. Since the first reading, no public comment has been received by the City Clerk’s office. If passed, this ordinance will become effective October 18, 2023.
By: Pierce Macdonald, Senior Planner
ORDINANCE NO. 769 N.S.
AN ORDINANCE
ADDING DIVISION 17.67 TO CHAPTER 17 OF THE PIEDMONT MUNICIPAL CODE FOR MINISTERIAL DESIGN REVIEW PERMITS; AMENDING DIVISION 17.38 AND SECTION
17.64.020, PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, AND ADDING SECTION 17.38.075 FOR PROVISIONS FOR THE USE OF PREAPPROVED PLANS; AND AMENDING PIEDMONT MUNICIPAL CODE SECTIONS 17.02.010, 17.32.020, 17.34.020, 17.36.030, 17.36.040, 17.42.040,
17.46.080, 17.50.020, 17.62.030, 17.64.030, 17.66.010, 17.66.020, 17.66.040, 17.66.060,
17.78.040, 17.90.010, AND 17.90.020 TO UPDATE REFERENCES TO PIEDMONT’S
DESIGN STANDARDS AND GUIDELINES AND MAKE OTHER CONFORMING
REVISIONS
The City Council of the City of Piedmont hereby ordains as follows:
SECTION 1 – INTENT
It is the intent of the City Council of the City of Piedmont to adopt updated provisions in City Code Chapter 17 related to:
• The definitions of Accessory Dwelling Unit and Junior Accessory Dwelling Unit; • Providing a new section 17.38.075 for an incentive and for allowing for the use of preapproved plans for Accessory Dwelling Units;
• The addition of a new division 17.67 Ministerial Design Review Permit and minor revisions to sections 17.62.030.E, 17.66.020, 17.66.040 to provide consistency with division 17.67; and
• Changing references to the City of Piedmont Design Guidelines, by updating the references to refer to the new title “City of Piedmont Design Standards and Guidelines.” SECTION 2 – CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed City Code amendments related to ADUs are statutorily exempt from CEQA pursuant to Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h) which exempts adoption of ordinances to implement Government Code section 65852.2 regarding accessory dwelling units (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs. Sections 15061(b)(3), 15378.) and exempt pursuant to CEQA Guidelines, 14 Cal. Code of Regs. Section 15301 and 15303. In addition, the proposed revisions to Chapter 17 unrelated to Accessory Dwelling units are categorically exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of proposed amendments to Chapter 17 may have a significant effect on the environment (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs. Sections 15061(b)(3), 15378.) and also exempt pursuant to CEQA Guidelines, 14 Cal. Code of Regs. Section 15301 and 15303.
SECTION 3 – AMENDMENT OF SUBSECTION 17.02.010.B.6
Subsection 17.02.010.B.6 of the City Code is amended to read in its entirety as follows:
“6. ensure excellence of architectural design, and compliance with the Piedmont Design Standards and Guidelines, as approved by the City Council and amended from time to time;” SECTION 4 – AMENDMENT OF SUBSECTION 17.32.020.B
Subsection 17.32.020.B of the City Code is amended to read in its entirety as follows:
“B. Standards. A design review permit is not required, but a trash enclosure within a street setback will be reviewed at the planning counter for compliance with this chapter and the Piedmont Design Standards and Guidelines (Trash Enclosures). The enclosure must be:
1. located as far away from the street as possible;
2. as small as is necessary to enclose the carts;
3. as low in height as necessary to adequately screen the carts; and
4. designed in compliance with the Piedmont Design Standards and Guidelines.” SECTION 5 – AMENDMENT OF SUBSECTION 17.34.020.C
Subsection 17.34.020.C of the City Code is amended to read in its entirety as follows:
“C. Contents. Plans must clearly set forth the areas and types of existing and proposed landscaping, and their relation to the structure(s) requiring the approval or permit. Landscaping must conform to Piedmont Design Standards and Guidelines as well as any state regulations, including the California Water Efficient Landscape Ordinance (23 Cal. Code of Regulations Division 2, Chapter 2.7).”
SECTION 6 – AMENDMENT OF SUBSECTION 17.36.030.B
Subsection 17.36.030.B of the City Code is amended to read in its entirety as follows:
“B. Exceptions.
1. City Buildings and Facilities. The Director of Public Works may approve the installation of a sign by the City on City-owned buildings and facilities located on City-owned property and within the public rights-of-way provided the sign conforms to the Piedmont Design Standards and Guidelines.
2. Sidewalks. A temporary freestanding sign no larger than four square feet on a side (excluding the frame) may be placed on a City sidewalk or curbside planting strip on Saturdays and Sundays between 12 p.m. and 5 p.m., as long as the sign does not impede pedestrian or vehicular traffic or otherwise constitute a safety hazard.
3. Piedmont Park and Veterans’ Memorial Building. A group or individual hosting a permitted event in Piedmont Park or at the Veterans’ Memorial Building may place up to two temporary freestanding signs no larger than four square feet on a side (excluding the frame) in Piedmont Park, on the adjacent curbside strips, or on the exterior of the Veterans’ Memorial Building during the permitted event and for a period not to exceed 2 hours before the start of the permitted event and 2 hours after the conclusion of the permitted event, as long as the sign does not impede pedestrian or vehicular traffic or otherwise constitute a safety hazard.
4. Other public property. The Director of Public Works may issue a sign permit to display a sign in the following locations:
a. Across Magnolia Avenue at the intersection of Highland Avenue and Magnolia Avenue.
b. On the fence outside of the Piedmont Corporation Yard. c. On backstops or fences within or surrounding Coaches Field, Beach Playfield, Hampton Field, Vista Street tennis courts, the City pool, and other City-owned recreation facilities.
It is the City’s intent that these locations constitute a non-public forum to promote community events benefiting residents and provide residents with information on non-partisan or noncommercial matters of general community interest. Signs in these locations will serve to notify citizens and visitors of upcoming events that are (i) City-sponsored, (ii) City cosponsored, (iii) sponsored by any other local governmental or educational entity, (iv) sponsored by a local non-profit, or (v) sponsored by a local business. Signs in these locations must conform to the Piedmont Design Standards and Guidelines and the stated purpose of this division.” SECTION 7 – AMENDMENT OF SUBSECTION 17.36.040.C.2.b.vi
Subsection 17.36.040.C.2.b.vi of the City Code is amended to read in its entirety as follows:
“vi. The design of the sign is consistent with the City’s General Plan and Piedmont Design Standards and Guidelines.”
SECTION 8 – AMENDMENT OF SECTION 17.38.020 “DEFINITIONS” a. The definition of Accessory Dwelling Unit in section 17.38.020 of the City Code is amended to read as follows: “Accessory dwelling unit means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit may also include (1) an efficiency unit, as defined in Health and Safety Code section 17958.1 and (2) a manufactured home as defined in Health and Safety Code section 18007. (Formerly called second dwelling unit. See section 17.38.030 for types of accessory dwelling units and permits.)” b. The definition of Junior Accessory Dwelling Unit in section 17.38.020 of the City Code is amended to read as follows: “Junior accessory dwelling unit means a unit that is no more than 500 square feet in size and contained within a single-family residence, with a separate entrance.
A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure, but shall include an efficiency kitchen that provides for a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.” SECTION 9 – AMENDMENT OF SUBSECTION 17.38.060.B.5
Subsection 17.38.060.B.5 of the City Code is amended to read in its entirety as follows:
“5. Design Criteria. The design of the structure(s) housing the proposed accessory dwelling unit must meet applicable objective design criteria in the Piedmont Design Standards and Guidelines and any additional design standards applicable to accessory dwelling units approved by City Council resolution.”
SECTION 10 – AMENDMENT OF SUBSECTION 17.38.060.B.6.a
Subsection 17.38.060.B.6.a of the City Code is amended to read in its entirety as follows:
“a. Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the City shall not require the replacement of off-street parking spaces. (Gov't. Code §65852.2 (a)(1)(D)(xi).)”
SECTION 11 – AMENDMENT OF SUBSECTION 17.38.060.C.2.j
Subsection 17.38.060.C.2.j of the City Code is amended to read in its entirety as follows:
“j. An expansion to an accessory structure of up to one hundred fifty (150) square feet to accommodate ingress and egress for a proposed junior accessory dwelling unit must meet applicable design criteria in the Piedmont Design Standards and Guidelines.” SECTION 12 – ADDITION OF SECTION 17.38.075
The City Code is amended to add Section 17.38.075 to read in its entirety as follows:
“17.38.075 Pre-approved Plans Incentive
A. The Director may authorize an applicant’s use of floor plans and elevations, owned by the City of Piedmont and approved by the City Council, Appendix A of the Piedmont Design Standards and Guidelines, to obtain Planning Division approval of an Accessory Dwelling Unit Permit if all of the following findings are made:
A. The design unit meets the requirements of section 17.38.060.
B. The roofing material and exterior siding material of the proposed unit are the same as that of the primary residence.
C. The plans are the same as those in Appendix A of the Piedmont Design Standards and Guidelines with only a 3 percent variation or less in any one dimension.
If the approval is granted, the applicant must agree to the imposition of a rent restrictions on the unit requiring that any rent for the unit be affordable to households of very low income, and the accessory dwelling unit shall be subject to all the requirements set forth below.
B. Additional requirements. If an accessory dwelling unit permit using City-owned plans in Appendix A of the Piedmont Design Standards and Guidelines is approved, it is subject to the following additional requirements.
1. Rent restriction.
a. Declaration of rent restrictions. The accessory dwelling unit permit constructed using City-owned plans shall be subject to declaration of rent restrictions (in a form provided by the city), which shall be recorded in the county recorder's office, as a declaration of rent restrictions, and will remain in effect for ten years.
The ten-year period of rent restriction begins either: (a) on the date of recordation or date of final building inspection, whichever is later; or (b) according to the terms of the recorded declaration.
If, after ten years, the termination of the recorded declaration is not automatic (by its terms), the city will record a document terminating the declaration of rent restrictions, upon the written request of the property owner. b. Affordable rent certification. An owner who has executed a declaration must submit to the city an accessory dwelling unit affordable rent certification: (i) on an annual basis, by each December 31 and as part of the annual city business license application and renewal; and (ii) upon any change in occupancy of the accessory dwelling unit. The accessory dwelling unit affordable rent certification must be on a form provided by the city and must specify whether or not the accessory dwelling unit is being occupied; the rent charged; the utilities that are included in the cost of rent; the household size of the accessory dwelling unit; the names and ages of the accessory dwelling unit occupants; the gross household income of the accessory dwelling unit household; and other information as determined appropriate by the city.”
SECTION 13 – AMENDMENT OF SUBSECTION 17.42.040.D
Subsection 17.42.040.D of the City Code is amended to read in its entirety as follows:
“D. Exterior design modifications (e.g., window and door changes) necessary to meet the health and safety requirements of Chapter 8 Building, Construction & Fire Prevention of this Code conform to the standards of the City of Piedmont Design Standards and Guidelines.” SECTION 14 – AMENDMENT OF SUBSECTION 17.46.080.D.1.d
Subsection 17.46.080.D.1.d of the City Code is amended to read in its entirety as follows:
“d. The proposed design is consistent with the Piedmont Design Standards and Guidelines.” SECTION 15 – AMENDMENT OF SUBSECTION 17.50.020.B.3.a
Subsection 17.50.020.B.3.a of the City Code is amended to read in its entirety as follows:
“a. such modifications comply with objective standards in the Piedmont Design Standards and Guidelines; and”
SECTION 16 – AMENDMENT OF SUBSECTION 17.62.030.B.2
Subsection 17.62.030.B.2 of the City Code is amended to read in its entirety as follows:
“2. Expedited design review by Director. The applicant for an expedited design review permit under section 17.66.040.B.3 may be required to notify adjacent neighbors as specified in the Design Standards and Guidelines or the application instructions.” SECTION 17 – AMENDMENT OF SUBSECTION 17.62.030.E
Subsection 17.62.030.E of the City Code is amended to read in its entirety as follows:
“E. Schedule of notice requirements. Notice of an application will be given under this chapter as set forth in the following schedule:
Notice by City at least 14 days before the hearing, measured from the project boundary. 2
Notice
by
applicant
30 days
before
hearing1
to
adjacent
property
owners
to
property
owners
within 100
feet
to
property
owners
within 200
feet
to
property
owners
within 300
feet
to property
owners
within 500
feet
Design review permit Variable depending on application. See division 17.66.
Ministerial design review No public notice. See division 17.67.
Variance
Single (other than for
height or floor area ratio)
X X
More than one, or for
height or floor area ratio
X X
Signs X4 X
Landscape plan X4 X4
Lot line adjustment
Between two lots
More than two lots
X
X
Wireless communication
facility permit
X4 X
Accessory Dwelling Unit
Permit
No notice for an ADU permit application is permitted.
See division 17.38.
Negative declaration or
Environmental Impact
Report required
X4 X
Tract map or parcel map X X
Conditional use permit, or
modification
X
Reasonable
accommodation3
X
Zoning Regulation
Amendment
Publish notice in newspaper of general circulation within the City.5 Zoning Map Amendment Publish notice in newspaper of general circulation within the City.5 Other applications X
Appeal, Call for Review Subject to Section 17.78.030.A. 1 See section 17.62.030B.
2 See section 17.62.030C.
3 Subject to section 17.76.040.
4 For an application considered by Planning Commission
5 Subject to section 17.62.030, subsections A and C.”
SECTION 18 – AMENDMENT OF SUBSECTION 17.64.020.A AND 17.64.020.B Sections 17.64.020.A and 17.64.020.B of the City Code are amended to read in its entirety as follows:
“17.64.020 Term of approval.
A. General. An approved conditional use permit, design review permit, accessory dwelling unit permit or variance lapses one year after its date of final approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
1. A building permit has been issued, substantial money expended, and construction diligently pursued; or
2. A final inspection has been issued; or
3. The conditional use is established in reliance on the approval.
An applicant is not allowed to proceed with construction if the approval has expired.
B. Administrative extension. The Director will grant one six-month extension for any permit or variance approval by the Planning Commission, City Council, or staff, upon written application by the property owner on a form provided by the Director, along with submission of the extension fee, prior to expiration of the original approval. The extension fee is the amount established by City Council resolution.”
SECTION 19 – AMENDMENT OF SUBSECTION 17.64.030.A.1
Subsection 17.64.030.A.1 of the City Code is amended to read in its entirety as follows:
“1. Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the general plan and Piedmont Design Standards and Guidelines;”
SECTION 20 – AMENDMENT OF SECTION 17.66.010
Section 17.66.010 of the City Code is amended to read in its entirety as follows:
“17.66.010 Intent.
Design review is intended to: promote orderly, attractive, safe and harmonious development; uphold the aesthetic values of the community; and ensure excellence of architectural design; all as set forth in the Piedmont Design Standards and Guidelines.” SECTION 21 – AMENDMENT OF SECTION 17.66.020
Section 17.66.020 of the City Code is amended to read in its entirety as follows:
“17.66.020 Implementation.
A. Piedmont Design Standards and Guidelines. The City Council has adopted the Piedmont Design Standards and Guidelines that are available online and at city hall. The Standards and Guidelines are the criteria for the applicant and hearing body in determining whether a specific project conforms to section 17.66.060, Standards.
B. Director. The Director will prepare:
1. the permit application forms; and
2. public lists for guidance to applicants on which applications are subject to each type of design review.
SECTION 22 – AMENDMENT TO SECTION 17.66.040
Section 17.66.040 of the City Code is amended to read in its entirety as follows:
“17.66.040 Approval authority
A. Planning Commission.
1. Applicability. The Planning Commission has the responsibility to review a design review permit if the project is:
a. part of an application for a variance or conditional use permit; b. is valued at $125,000 or more (adjusted for inflation 1); c. a site feature greater than 7 feet high and located in a side or rear yard setback, or a site feature of any height located within a 20-foot street setback;
d. a retaining wall greater than 30 inches in height located within a street yard setback or a fence of any height located within a street yard setback; or
e. referred to the Planning Commission by the Director.
However, if any component of a project application requires final approval by the City Council, including a City project, the Planning Commission makes a recommendation and the Council is the final decision-making body. The Planning Commission shall not review any development application that is eligible for ministerial review under State law unless the applicant voluntarily requests discretionary review (See division 17.67).
2. Notice. If a project is subject to Planning Commission approval, the city will give notice:
a. in the same manner required for the underlying application of which design review is a part; or
b. to property owners within 100 feet of the property for a stand-alone design review permit application, including those for nonresidential signs under section 17.36.040.C.2 and landscape plans under section 17.34.020.A.2, except that design review permit applications for a new house shall require notice to property owners within 300 feet of the property. (See division 17.62. In some cases, the applicant provides the notice to other property owners.)
3. Standards. In reviewing an application for a design review permit, the Planning Commission will apply the standards set forth in section 17.66.060, Standards.
B. Director.
1. Applicability. The Director has the authority to approve a design review permit application if the project is not covered by the Planning Commission applicability threshold under subsection A.1 above. The Director may refer an application to the Planning Commission.
2. Notice. The city will give notice of a design review permit application to the adjacent property owners if the proposal represents a significant change. The Director determines what is a significant change. (See section 17.66.020 B.)
3. Expedited review. An application for a minor modification is entitled to expedited review. The Director determines what is a minor modification, and will maintain a list, available to the public. (See section 17.66.020 B.)
4. Ministerial design review permit application. Application for a ministerial design review permit, as provided in division 17.67, shall be reviewed and approved by the Director.
5. Standards. In reviewing an application for a design review permit, the Director will apply the standards set forth in section 17.66.060, Standards.
6. Changes.
a. Conditions of approval. Only the approving hearing body may approve a change to a condition of approval, unless the condition provides otherwise. b. Plans. A change in the plans will be reviewed by the approving hearing body, except that the Director may approve a change to plans approved by the Planning Commission or City Council if the change does not meet the threshold applicability provisions for review by the Planning Commission (see section 17.66.040 A 1), or is a minor modification. (See section 17.66.020 B.)”
SECTION 23 – AMENDMENT OF SUBSECTION 17.66.060.A
Subsection 17.66.060.A of the City Code is amended to read in its entirety as follows:
“A. The proposed design is consistent with the City's General Plan and Piedmont Design Standards and Guidelines.”
SECTION 24 – ADDITION OF DIVISION 17.67
The City Code is amended to add division 17.67 as follows:
“DIVISION 17.67 MINISTERIAL DESIGN REVIEW PERMIT
Sections:
17.67.010 Intent
17.67.020 Implementation
17.67.030 Permit required
17.67.040 Approval authority
17.67.050 Procedure: Application; Notice; Decision; Decision of Director is final
17.67.060 Standards; Findings
17.67.010 Intent.
It is the intent of the City in establishing this ordinance to support equitable distribution of affordable housing units across the City; promote and enhance community design and neighborhoods; remove barriers to development and access to housing through clear and objective standards; and facilitate the development of new multifamily housing units.
17.67.020 Implementation.
A. Piedmont Design Standards and Guidelines. The City Council has adopted the Piedmont Design Standards and Guidelines that are available online and at city hall. The Piedmont Design Standards and Guidelines are one of the criteria for the applicant and Director in determining whether a specific project conforms to section 17.67.060, Standards; Findings.
B. Director. The Director will prepare:
1. The permit application forms; and
2. Information to provide technical assistance to residents and applicants.
C. Voluntary discretionary review. Any applicant eligible for ministerial design review pursuant to section 17.67.030, may submit in writing to the Director a voluntary request to have the design review permit application considered according to the provisions of division 17.66 to receive discretionary design review for the applicant’s development proposal.
17.67.030 Permit required.
A. Permit required. A ministerial design review permit is required for any development application which meets the eligibility criteria of Government Code section 65913.4, including a multifamily or mixed-use development application of four or more new housing units, and development applications consisting of two or more new housing units;
B. The building official will not issue a building permit under chapter 8 of the City of Piedmont City Code until the applicant has obtained the required ministerial design review permit. The city will not allow demolition pursuant to division 17.67 unless the applicant has approval of plans for a replacement structure pursuant to this chapter 17 and has obtained a building permit under chapter 8.
17.67.040 Approval authority.
A. Director.
1. Applicability. The Director has the authority to review and approve a ministerial design review permit application submitted pursuant to section 17.67.030, and any application to amend a previously approved ministerial design review permit, pursuant to State law.
2. Notice. No notice shall be provided for ministerial design review applications submitted pursuant to section 17.67.030.
3. Standards and Findings. In reviewing an application for a ministerial design review permit, the Director shall apply the standards set forth in section 17.67.060, Standards; Findings.
17.67.050 Procedures: Application; Notice and hearing; Decision; Effective date; Appeal A. Application. An applicant for a ministerial design review permit must submit a complete application, accompanied by plans and materials in the form approved by the Director, and the application fee, which fee shall be established by resolution. The Director may waive in writing submission of items deemed unnecessary to determine compliance with this chapter.
An application is considered complete in accordance with section 17.60.020.
B. Notice and hearing. The Director shall review the ministerial design review permit application without notice or public hearing, unless otherwise required by State law.
C. Decision. The Director shall notify the applicant of the decision in writing.
D. Director’s decision is final. Permits approved by the Director for ministerial design review permit applications are final.
17.67.060 Standards; Findings
The Director may not approve a ministerial design review permit unless the Director first finds that the design of the project conforms to all of the following standards:
A. The proposed development meets the criteria of Government Code section 65913.4.
B. The proposed development meets applicable design standards as provided in the Piedmont Design Standards and Guidelines, as they may be amended from time to time by the City Council.
C. The proposed development complies with zoning ordinance regulations for the zone in which the project site is located.”
SECTION 25 – AMENDMENT OF SUBSECTION 17.78.040.A.2.c
Subsection 17.78.040.A.2.c of the City Code is amended to read in its entirety as follows:
“c. there is a significant error in the application of the Piedmont Design Standards and Guidelines; or
SECTION 26 – AMENDMENT OF SECTION 17.90.010
a. The definition of Street in section 17.90.010 of the City Code is amended to read in its entirety as follows: “Street means a public vehicular roadway. It does not include a public alley, or a private roadway. (A list of streets is set forth in the Piedmont Design Standards and Guidelines.)”
b. The definition of Site Feature in section 17.90.010 of the City Code is amended to read in its entirety as follows: “Site feature means a subordinate structure that is intended to functionally or decoratively enhance a property and that is primarily used for recreation, decoration or as a utility feature. A list of site features is set forth in the Piedmont Design Standards and Guidelines. Site feature does not include an accessory structure, primary structure, or built feature listed in Building Code section 5.2.2 subsection 8.02.020.B.” SECTION 27 – AMENDMENT OF SECTION 17.90.020
The definition of Coverage in section 17.90.020 of the City Code is amended to read in its entirety as follows:
“Coverage means the percentage of the lot area that is covered. Coverage may refer either to (1) all structures and site features including their vertical projections to the ground except eaves, sills, cornices, awnings that project three feet or less from the wall surface, (2) hardscape surfaces, or (3) to both, as may be specified in the context. (See Design Standards and Guidelines.)”
SECTION 28 - CONFLICTS
If a previous City Council ordinance or resolution is in conflict with this ordinance, that ordinance or resolution is superseded and the provisions of this ordinance prevail.
SECTION 29 – SEVERABILITY
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances.
SECTION 30 – CODIFICATION
The City Clerk is directed to codify this ordinance in a manner which reflects the legislative intent of the City Council
SECTION 31 – POSTING, EFFECTIVE DATE, AND SUBMISSION
This Ordinance shall be posted at City Hall after its second reading by the City Council for at least 30 days and shall become effective 30 days after the second reading. The City Clerk is directed to submit a copy of this ordinance to the Department of Housing and Community Development in the manner required by law.
[END OF ORDINANCE]