Piedmont City Council
August 4, 2025

City of Piedmont

CITY COUNCIL AGENDA REPORT
DATE: August 4, 2025
TO: City Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Public Hearing - Consideration of: (1) General Plan Amendments in Conformance with the City’s 6th Cycle Housing Element; and (2) First Reading of Ordinance 782 N.S. Amending Chapter 17 and Chapter 19 of the Piedmont City Code to Regulate Subdivisions and Housing Developments Pursuant to SB 9 and SB 1123, and additional amendments relating to the Solar Rights Act (Recommended CEQA Action: GP Amendment - Consistent with Housing Element Implementation EIR (SCH 2022020362); Ordinance 782 N.S. - Exempt under CEQA Guidelines 15061(b)(3), 15378)

RECOMMENDED ACTION
1) Adopt the attached Resolution, Attachment A, amending the Piedmont General Plan Design and Preservation Element, and
2) Introduction and First Reading of Ordinance 782 N.S., Attachment B, Amending Chapter 17 and Chapter 19 of the Piedmont City Code, and Additional Amendments Related to the Solar Rights Act, to implement State law and make other minor City Code maintenance and clarification edits.

EXECUTIVE SUMMARY
As described below, this agenda item addresses a proposed amendment to the General Plan pertaining to tribal cultural resources, as well as amendments to the Zoning Ordinance and Subdivisions Ordinance.

General Plan Amendment: The 2023-2031 Housing Element Implementation EIR was adopted by the City Council on February 20, 2024. The EIR includes policies and mitigation measures so that the environmental impacts of development are disclosed and reduced where possible. This agenda item proposes an amendment to the General Plan Design and Preservation Element to incorporate a new General Plan policy for the protection of archaeological and tribal cultural resources. This new policy was not included in the series of General Plan amendments approved by the City Council also on February 20, 2024, because of a clerical error. Existing City practice follows this policy to address potential impacts to archaeological and tribal cultural resources.

SB 9 Ordinance Amendments: This agenda item proposes amendments to Piedmont City Code division 17.54 to clarify the review of SB 9 permit applications, including amendments that would clarify regulations for structures within setbacks, clarifying development standard waivers, parking standards, and disclosure of information related to further lot splits created under SB 9.

SB 1123 City Code Amendments: State law (SB 684 and SB 1123) now includes a ministerial processing pathway for 10-unit subdivisions in single-family zones and provides that cities may choose to not allow ADUs and JADUs to be included in such projects. This agenda item proposes amendments to Piedmont City Code divisions 17.38 and 19.11. The amendments are intended to clarify the City’s intent to not allow ADUs and JADUs to be included when a project opts for this processing pathway.

California Solar Rights Act Amendments: Lastly, this agenda item proposes amendments to Piedmont City Code Chapter 17, division 17.90, and regulations to facilitate solar systems consistent with the purpose of the California Solar Rights Act and regulations for residential solar and battery energy storage systems (BESS) to expedite the review of solar and BESS installations.

DISCUSSION
General Plan Amendment
Staff members have prepared an amendment to the General Plan Design and Preservation Element to incorporate a new General Plan policy for the protection of tribal cultural resources. This policy was mistakenly omitted in the series of General Plan amendments adopted by the City Council on February 20, 2024. The proposed amendment to the Design and Preservation Element would incorporate the following policy included on page 4.15-16 of the 2023-2031 Housing Element Implementation EIR:
“Tribal Cultural Resources. For future projects that are determined through tribal consultation to potentially affect tribal cultural resources, in order to mitigate potential adverse impacts to Native American cultural objects and human remains discovered during construction, project proponents shall retain tribal cultural monitors to monitor work done in areas of Tribal concern, as determined through tribal consultation. In the event that Native American cultural objects and/or human remains are discovered during construction, all earth-disturbing work in the vicinity of the find shall be temporarily suspended or redirected until an archaeologist meeting the Professional Qualifications Standards of the Secretary of the Interior (36 CFR Part 61) has evaluated the nature and significance of the find as a cultural resource and an appropriate local Native American representative is consulted. If the City, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with local Native American Tribes and group(s). The mitigation plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, the plan shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American Tribe and tribal representative and, if applicable, a qualified archaeologist.”
Existing City practice follows this approach to addressing potential impacts to archaeological and tribal cultural resources. The attached resolution (Attachment A) includes the amendment as a redline edit to the existing Design and Preservation Element. This amendment will complete the Agenda Report Page 2
General Plan amendments resulting from City Council’s certification of the 2023-2031 Housing Element Implementation EIR.

City Code Amendments
The proposed Ordinance 782 N.S. (Attachment B) would amend Chapters 17 and 19, as shown in the following sections. A number of these changes are informed by staff’s implementation of the Zoning Ordinance. During its day-to-day business, staff members identify sections of the Code that can be improved to provide clarity to staff and community members, and to provide consistency with other sections of the City Code. A redlined version of the edits to the current City Code is included as Attachment C, report pages 35 to 40.

1. SB 1123 Code Amendments
On July 1, 2025, the provisions of SB 1123 took effect. SB 1123 expands SB 684 and the types of properties that are eligible for ministerial subdivision of up to 10 lots. SB1123 (Government Code section 66499.40 to 66499.41) now includes vacant lots in single-family zones. Pursuant to Government Code section 66499.41(a)(2)(A)(ii), “vacant” is defined as having no permanent structure, unless the permanent structure is abandoned and uninhabitable. Per SB 1123, an application under SB1123 cannot include sites where: prior housing is or was subject to a recorded covenant, ordinance, or law that restricts rent or sales price to low, very low, or extremely lowincome affordability levels; housing subject to local rent or sales price control; and sites occupied by tenants within the 5 years preceding the date that an application to subdivide under SB1123 is filed. Per SB 1123, cities are not required to allow developers of SB 1123 units to also develop accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).

A. Division 17.38, ADU
Proposed amendments to division 17.38, Accessory Dwelling Units, would clarify the City’s implementation of SB 1123 and add the following development standard for new ADUs and JADUs pursuant to state law (amendment shown in bold and underlined font):
“An ADU or JADU shall not be permitted on a lot created pursuant to Government Code Sections 65852.28 and 66499.41, as they may be amended from time to time ” The proposed new standard would be added to the list of standards in section 17.38.060.

B, Accessory dwelling unit development standards, and in section 17.38.060.C, Junior accessory dwelling unit development standards.

B. Division 19.11
Proposed amendments to Division 19.11 would clarify the definition of the term “subdivision” in section 19.2.52 to incorporate both SB 1123 and SB 9, as follows (amendments are shown in bold and underlined text):
“19.2.52 Subdivision. “Subdivision” means the division of land for the purpose of sale, lease or financing, whether immediate or future. The land may be improved or Agenda Report Page 3
unimproved and is that land shown on the latest equalized county assessment roll as a unit or as contiguous units. Property is considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes, but is not limited to, condominium projects, community apartment projects, and stock cooperatives, urban lot splits as provided in Piedmont City Code division 17.54, and subdivisions pursuant to Government Code sections 65852.28 and 66499.41.”

2. SB 9 Code Amendments
SB 9 (and, subsequently, SB 450) permits property owners in single-family zoning districts to subdivide one lot into two lots and to construct up to four units of housing. SB 9 requires the City to allow lot sizes of at least 1,200 square feet and to waive certain development standards that would not allow on a single lot two new primary units to be 800 square feet in size each. SB 9 permit applications can be reviewed for conformance with objective standards, such as frontage, coverage, setback, height standards, and others. Proposed amendments to Piedmont City Code Section 17.54.050.C, Lot Configuration, and Section 17.54.080, Waivers from Standards, would clarify the application of zoning standards to SB 9 urban lot split and housing developments to specify that the City will not grant waivers from standards for developments that propose exceeding the minimum requirements provided in State law.

A. Section 17.54.050
Section 17.54.050.C provides the requirements for subdivision of new lots pursuant to SB 9 and Chapter 19, Subdivisions. The following proposed amendment would be added to the list of requirements in existing section 17.54.050.C, to clarify compliance with underlying zoning regulations, as follows (amendment shown in bold and underlined font):
“2. Existing Dwelling Unit. If an urban lot split is proposed for a property with an existing dwelling unit, the split must result in the existing dwelling unit being completely located on one parcel. There shall be no existing or proposed structure in the setback along the new lot line for the lot on which the existing house remains. The lot on which the existing primary residence remains shall comply with the underlying zoning regulations such that no nonconformity is introduced and no existing nonconformity is increased by the subdivision.” B. Section 17.54.060
Proposed amendments to Piedmont City Code section 17.54.060.D would clarify regulations for the required parking space for SB 9 development proposals. The following minor change is recommended to coordinate the standards for SB 9 proposals with City regulations in section 17.30.040, Location of parking spaces, and 17.30.050, Size and specifications.
“17.54.060
D. Parking. New SB 9 units are required to have at least one parking space that meets the Agenda Report Page 4
size requirements parking regulations in Section 17.30.040 and Section 17.30.050 of the Piedmont City Code. If the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code, then parking is not required for the new SB 9 unit.” C. Section 17.54.080
All applications filed in the City of Piedmont to subdivide land must result in parcels that conform to both the Chapter 19 Subdivision Ordinance and the Chapter 17 Zoning Ordinance, including existing residences that may be located on the parcels. Piedmont City Code section 17.54.080 describes the conditions under which the City will grant waivers from the City’s requirements for SB 9 urban lot splits and housing developments, pursuant to state law. SB 9 requires California cities to grant waivers from zoning standards if the minimum lot size and unit size cannot be achieved without the waivers.

Proposed amendments would clarify section 17.54.080, Waivers from standards, governing the granting of waivers for SB 9 applications, as follows (amendments are shown in bold and underlined font):
“Section 17.54.080 A. An applicant may request a waiver from the development standards provided in this division if the following criteria are met:

1. Application. The applicant requests an exception as a part of the application materials.

2. Approval Authority. The exception request shall be submitted to the Director for review. The Director shall determine if the exception meets the standards for approval.

3. Standards for Approval. An exception from a development standard shall be granted if the standard would have the effect of physically precluding: (1) an urban lot split of a vacant parcel where the resulting minimum lot size is at least 1,200 square feet or more for both parcels; (2) an urban lot split of a parcel with existing development, where the resulting lot size is 1,200 square feet or more for both parcels, and the urban lot split does not increase any nonconformity with underlying zoning regulations for the parcel with existing development; or (2) (3) the construction of up to two units that are 800 square feet in floor area or less, each.

Waivers from objective zoning standards shall not be granted if the floor area and/or structure coverage of each new housing development would exceed 800 square feet. The city shall determine the extent of relief necessary to allow two 800-square-foot units. Waivers from zoning standards for accessory structures, such as decks and garages, shall be only for the minimum size structure required to serve each housing unit according to state law and Chapter 8 Building Code standards. A waiver cannot be approved for an application that proposes new construction within the four-foot side and rear setbacks.” Agenda Report Page 5
D. Section 17.54.090 (new section)
Proposed amendments would add a new section 17.54.090, Recording, as follows below:
“17.54.090 Recording.

If a parcel is developed with a housing unit and/or a lot split pursuant to Government Code sections 65852.21 and 66411.7, then the applicant shall record a document indicating the exercise of Government Code sections 65852.21 and/or 66411.7 in a form approved by the City. The document shall be recorded by the applicant prior to final inspection or final map approval.”
The proposed amendment could be crucial for the effective implementation and future tracking of SB 9 developments. While SB 9 inherently limits further division or additional units once the allowed density is reached, it could become challenging to monitor over time with property ownership changes. The proposed amendment ensures a clear and permanent record in the chain of title, readily available to future buyers.

3. Chapter 17, Article 5, Definitions; Measurements
State law encourages the provision of solar equipment and residential battery energy storage systems (BESS). The California Solar Rights Act, amended in 2003, limits the ability of local governments to restrict solar panel installations. The following proposed amendments continue to encourage solar equipment and residential BESS equipment in Piedmont (amendment is shown in bold and underlined font):
“Footprint means the total land area covered by all accessory and primary structures on a lot, measured from outside the exterior walls and supporting columns or posts, except that the following are not included in determining footprint:

1. The portions of any uncovered and unenclosed decks, porches, landings, or patios, not including railings, which are less than 30 inches above finished grade and which project no more than 36 inches from the footprint;

2. Uncovered and unenclosed stairways, including railings, which are less than six feet above finished grade and which project no more than 36 inches from the footprint;

3. Eave and/or roof overhang that projects up to three feet from the exterior wall surface or supporting column or post;

4. Trellis, awning, electrical meter, solar system equipment, residential battery energy storage system equipment, or similar feature that projects horizontally up to three feet from the exterior wall surface or supporting column or post, so long as construction satisfies Building Code requirements.”
Agenda Report Page 6

PLANNING COMMISSION HEARING
On July 14, 2025, the Planning Commission held a public hearing to consider the proposed General Plan Amendment and City Code Amendments. Piedmont City Code Chapter 25, Commissions, establishes the Planning Commission’s authority to make recommendations to the City Council on planning and zoning matters. City Code Section 25.3, Powers and Duties of the Planning Commission, reads as follows: “It shall be the duty of the planning commission to investigate and make recommendations to the City Council concerning real property, subdivisions, lot building restrictions, planning and zoning matters as may be in the best interest of the City, and to grant or disapprove design review and variance applications…” On July 14, the Planning Commission considered the staff report and draft resolutions and ordinance provided prior to the public hearing, and the Commission received a staff presentation during the hearing. No member of the public addressed the Commission. After the close of the public comment portion of the hearing, the Planning Commission voted unanimously to adopt resolutions recommending City Council approval of the proposed General Plan Amendment and City Code Amendments. The meeting video is available online as Attachment D to this staff report.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
On February 20, 2024, the City of Piedmont adopted a program-level Environmental Impact Report for the 2023-2031 Housing Element Implementation Project (Housing Element Implementation EIR) (SCH 2022020362) pursuant to the California Environmental Quality Act (CEQA). The potential environmental impacts of the proposed amendments to the Design and Preservation Element and to Piedmont Municipal Code Chapter 17 have been evaluated and determined to be consistent with the 2023-2031 Housing Element Implementation EIR, which analyzed the impacts of implementing the Housing Element programs, including 1.J (SB 9). In addition, proposed amendments to the Design and Preservation Element and Piedmont City Code Chapter 17 and Chapter 19 are exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of these provisions would have a significant adverse effect on the environment (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs.

Sections 15061(b)(3)), and the amendments are not a project as they modify organizational or administrative activities that will not result in a direct or indirect physical changes to the environment (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs.

Sections 15061(b)(3)).

CITY CHARTER
The modifications to the City Code are in conformance with the City Charter, including sections

9.01 and 9.02. No zones have been reduced or enlarged, and no zones have been reclassified. City Charter provisions are expressly referred to in City Code division 17.02.C.

REVIEW BY CITY ATTORNEY
The proposed modifications to the General Plan and City Code and the draft ordinance and resolution have been reviewed and approved by the City Attorney.

Agenda Report Page 7

CONCLUSION
Programs included in Piedmont’s 6th Cycle Housing Element are important for the City of Piedmont to comply with State law and to meet the City’s housing needs, as provided in the Housing Element. In addition, regular City Code maintenance updates help to improve clarity and consistency of City regulations. On July 14, 2025, the Planning Commission reviewed the proposed changes and recommended City Council approval. The City Council is the decisionmaking body for the adoption of General Plan amendments and Code revisions.

ATTACHMENTS AND RELEVANT DOCUMENTS
Pages
A
B
C
9-49 Draft Resolution Amending the Piedmont General Plan Design and Preservation Element
50-63 Ordinance 782 N.S. Amending Piedmont City Code Chapter 17, Planning and Land Use, and Chapter 19, Subdivisions (Exhibit A- Ordinance 782 N.S.) 64-77 Redline Edits of the Zoning Ordinance and Subdivision Ordinance D online Meeting video for July 14, 2025, Planning Commission meeting is posted to the City of Piedmont website at the following link:
https://piedmont.hosted.civiclive.com/cms/one.aspx?portalId=13659823&pageId=14122987 Separate Attachment and Links:
• The City of Piedmont’s 6th Cycle Housing Element
• Piedmont City Code Chapter 17, Planning and Land Use
• Piedmont City Code Chapter 19, Subdivisions
• July 14, 2025 Planning Commission Staff Report, First Packet • July 14, 2025 Planning Commission Staff Report, Second Packet By: Kevin Jackson, Planning & Building Director
Pierce Macdonald, Senior Planner
Gopika Nair, Senior Planner
Agenda Report Page 8
RESOLUTION NO. ___

A RESOLUTION OF

THE PIEDMONT CITY COUNCIL ADOPTING

AN AMENDMENT TO THE PIEDMONT GENERAL PLAN DESIGN AND

PRESERVATION ELEMENT REGARDING TRIBAL CULTURAL RESOURCES WHEREAS, State of California housing element law, as set forth in Government Code §§ 65302 and 65580, et seq., requires the City of Piedmont to periodically prepare and update its Housing Element in its General Plan, and to establish goals, policies, and programs to accommodate the maintenance, diversification, and expansion of the City’s housing supply to accommodate the City of Piedmont’s regional housing needs allocation (RHNA) of 587 housing units, comprised of 238 above moderate income units, 92 moderate income units, 94 low income units, and 163 extremely and very low income units; and
WHEREAS, Piedmont’s 6th Cycle Housing Element was adopted by the City Council on March 20, 2023, and found by the California Department of Housing and Community Development to be in substantial compliance with housing element law on November 9, 2023; and WHEREAS, housing goals, policies, and programs in the adopted 6th Cycle Housing Element direct the City to increase housing production and comply with state laws that increase housing production; and
WHEREAS, an Environmental Impact Report (EIR), as well as CEQA Findings, statement of overriding considerations, and mitigation monitoring and reporting program, have been prepared by the City of Piedmont for the 2023-2031 Housing Element Implementation project pursuant to the California Environmental Quality Act (CEQA) and, on February 20, 2024, the City Council certified the 2023-2031 Housing Element Implementation Project EIR and adopted CEQA Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; and
WHEREAS, the 2023-2031 Housing Element Implementation EIR included a General Plan Design and Preservation Element policy on page 4.15-16, which was omitted from the series of General Plan amendments adopted on February 20, 2024, and the policy reads as follows “Tribal Cultural Resources. For future projects that are determined through tribal consultation to potentially affect tribal cultural resources, in order to mitigate potential adverse impacts to Native American cultural objects and human remains discovered during construction, project proponents shall retain tribal cultural monitors to monitor work done in areas of Tribal concern, as determined through tribal consultation. In the event that Native American cultural objects and/or human remains are discovered during construction, all earth-disturbing work in the vicinity of the find shall be temporarily suspended or redirected until an archaeologist meeting the Professional Qualifications Standards of the Secretary of the Interior (36 CFR Part 61) has evaluated the nature and significance of the find as a cultural resource and an appropriate local Native American representative is consulted. If the City, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Attachment A Agenda Report Page 9
local Native American Tribes and group(s). The mitigation plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, the plan shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American Tribe and tribal representative and, if applicable, a qualified archaeologist.”; and WHEREAS, the proposed amendment to the General Plan Design and Preservation Element incorporates the Tribal Cultural Resources policy, above; and WHEREAS, Piedmont City Code Section 25.3 authorizes the Planning Commission to make recommendations to the City Council on planning and zoning matters and, on July 14, 2025, the Planning Commission held a public hearing and reviewed the draft amendment to the Piedmont General Plan Design and Preservation Element pursuant to: Government Code sections Title 7, Chapter 2.7 Section 65090, Publication of notice of public hearing required by title; Chapter 3, Section 65353, Public hearing by Planning Commission; notice; Chapter 3, Section 65354, Recommendation by the Planning Commission; and Chapter 3, Section 65355, Public hearing by legislative body; notice; and
WHEREAS, on July 14, 2025, the Planning Commission reviewed the draft amendment to the Piedmont General Plan Design and Preservation Element pursuant to: Piedmont City Code sections 25.3, Powers and Duties of the Planning Commission; Piedmont City Code Division 17.02 Title; Intent; City Charter and section 17.02.010.C, City Charter; Division 17.08, Establishment of Zones; Zoning Map; Interpretation; Division 17.62, Notice Requirements; and Division 17.64, Hearings; Term of Approval; Conditions; and
WHEREAS, on July 14, 2025, the Planning Commission unanimously adopted a motion at the conclusion of the public hearing, making the following findings:

A. That the proposed amendment to the General Plan Design and Preservation Element incorporates the policy described in pages 4.15-16 of the 2023-2031 Housing Element Implementation EIR to mitigate potential adverse impacts to tribal cultural resources.

B. That the proposed amendments further public health, safety, and welfare of the community.

C. That the Planning Commission recommends that the City Council adopt the revised General Plan Design and Preservation Element, included as Exhibit A to this Resolution.

WHEREAS, the potential environmental impacts of the proposed amendment to the Piedmont General Plan Design and Preservation Element have been evaluated by staff and determined to be consistent with the 2023-2031 Housing Element Implementation EIR; and WHEREAS, the amendment to the Piedmont General Plan is in conformance with the City Charter, including sections 9.01 and 9.02, because no zones have been reduced or enlarged, and no zones have been reclassified, pursuant to City Code division 17.02.C; and WHEREAS, on August 4, 2025, the City Council held a duly noticed public hearing and took public testimony.

Attachment A Agenda Report Page 10
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Piedmont does hereby resolve, declare, determine, and order, based upon substantial evidence in the record, as follows:

SECTION 1. Findings. The City Council hereby finds as follows:

A. That the above recitations are true and correct.

B. That the proposed amendment to the General Plan Design and Preservation Element incorporates the policy described in pages 4.15-16 of the 2023-2031 Housing Element Implementation EIR to mitigate potential adverse impacts to tribal cultural resources.

C. The proposed amendment to the General Plan Design and Preservation Element is consistent with the remainder of the Piedmont General Plan.

D. That the proposed amendment furthers public health, safety, and welfare of the community.

E. That the City Council amends the General Plan Design and Preservation Element, as provided in Exhibit A to this Resolution.

SECTION 2. 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 A Agenda Report Page 11
8 Design and Preservation

he Design and Preservation Element addresses Piedmont’s character, appearance, and historic resources. Although the California Government Code does not require a General Plan element on these topics, they are matters of great concern to Piedmont residents.

Issues such as aesthetics, view preservation, architectural quality and integrity, building scale and height, exterior materials, privacy, and buffering are the focus of many Planning Commission hearings and the source of much public discussion. General Plan policies can provide a framework for the City’s design review program and a foundation for future community design decisions.

Piedmont has an extraordinary architectural heritage; protecting this heritage is one of the major functions of the City’s Planning Department. Over the years, the City Council has adopted guidelines and procedures which promote the compatibility of new construction with existing homes and neighborhoods. The City’s commitment to architecturally sensitive design has enabled Piedmont to retain its image as one of the most attractive and desirable cities in California.

Piedmont’s character is also shaped by its landscapes, its views and vistas, its parks, and its streets and public spaces. Protecting and enhancing this “public realm” is a top civic priority.

General Plan policies on the aesthetics of public space can help guide long-term decisions on issues such as undergrounding of overhead utility lines, landscaping of public spaces, public art, and view protection.

Historic preservation is another important aspect of community design. Older buildings and sites provide a tangible link to history and can expand our understanding of the places we live. The styles, materials, and tastes of past inhabitants place our own lives in context. Preservation provides a tool for strengthening a city’s sense of identity. There are also practical benefits to preservation, including economic value, environmental sustainability, and aesthetics.

The goals, policies, and actions in this element address the following key topics:
 City Identity and Aesthetics
 Residential Architecture
 Yards and Landscapes
 Archaeological Resources
 Historic Preservation
 Preservation Advocacy and Awareness
T
Exhibit A To Attachment A
Attachment A Agenda Report Page 12

D E S I G N A N D P R E S E R V A T I O N

E L E M E N T

URBAN FORM
Piedmont’s Identity
Piedmont has a distinct identity shaped by its topography, views, tree canopy, street pattern, architecture, and residential land use pattern. Its image is principally defined by relatively large single-family homes constructed during the early 20th Century. In many ways, Piedmont’s homes epitomize the best aspects of that era—quality craftsmanship, attention to detail, attractive and spacious front and rear yards, pedestrian-oriented streets with sidewalks, and large street trees. While these qualities are not uniform across the city, they are prevalent enough to create a memorable and positive visual image.

The city’s identity has also been shaped by its proximity to Oakland.

Piedmont’s status as an incorporated city surrounded by Oakland tends to reinforce its “enclave” identity. On the other hand, the absence of a traditional retail-oriented downtown makes Piedmont functionally connected to adjacent business districts in Oakland. While Piedmont does have a “downtown”, its focus is on religious institutions, housing, banking, schools, and civic functions rather than shopping and dining. The city does not have well defined “gateways” and in most areas the border between Piedmont and Oakland is seamless.

As noted in Chapter 2, the form of the city is defined by terrain and elevation. Dimond and Moraga Canyons provide strong edges on two sides.

The western or “lower” part of Piedmont tends to be more “urban”, with older homes and a traditional street grid. In the eastern parts of the city, streets follow natural contours, creating a more suburban development pattern. The City’s identity is also shaped by public schools, religious institutions, and parks—these uses provide important focal points for Piedmont neighborhoods. Throughout the city, panoramic views and vistas provide orientation and an aesthetic amenity.

The City will protect and enhance its identity in the future. The integrity of residential areas will be conserved through design guidelines and zoning standards which reflect neighborhood context while encouraging the production of housing for residents of all income groups. The city’s nonresidential areas will be strengthened as attractive community gathering places.
“What I like best about
Piedmont are the
beautiful homes with
proper yards--well
landscaped and
maintained--the wide
shady streets, and the
real sense of
community.”
“Piedmont has a very
unique character and
well established
neighborhoods. Every
house is different and is
well maintained in a
park-like environment.”
- General Plan Survey
Responses
Attachment A Agenda Report Page 13

D E S I G N A N D P R E S E R V A T I O N

E L E M E N T

The text box on the next page profiles the different residential development prototypes found in the city. Collectively, these areas create a distinctive sense of place that is uniquely Piedmont.

Attachment A Agenda Report Page 14

D E S I G N A N D P R E S E R V A T I O N

E L E M E N T

Neighborhood Typologies in Piedmont
Although Piedmont contains many different architectural styles, its neighborhoods can be broadly grouped into the following five typologies:

Bungalow and cottage neighborhoods include areas west of Grand Avenue and areas just above Oakland’s Grand Lake district. They are characterized by small lots of less than 5,000 square feet. Much of the housing stock is over 90 years old. Housing is eclectic, and includes a mix of small one-story bungalows and cottages, larger brown-shingle homes, former farmhouses, Victorians, and a handful of small apartment buildings. Although these are Piedmont’s most urban areas, they still retain a small town ambience.

Streetcar suburbs include most of the tracts developed between incorporation (1907) and 1930. This is the dominant neighborhood type in Piedmont. Neighborhoods are characterized by 5,000 to 15,000-square-foot lots and include many Mediterranean Revival, Brown Shingle, Tudor, Prairie Style, and Colonial Revival homes developed on a modified street grid. Some blocks are
characterized by a single style; others are eclectic. Many homes were built with one-car garages or detached rear-yard garages.

Estate neighborhoods are characterized by large lots with spacious homes. Included are the Sotelo-Glen Alpine “loop” and Seaview and King Avenues—streets lined with grand and elegant homes that convey an image of tradition. Many lots exceed ½ acre and are heavily wooded, creating a semi-rural feel. These areas contain some of Piedmont’s most memorable homes, and showcase some of the finest work of early 20th Century California architects.

Hillside neighborhoods are located on the steep slopes of eastern Piedmont and are characterized by winding narrow streets and multi-level hillside homes. Many of the homes incorporate contemporary architectural styles and are designed to maximize views. However, the area also includes century-old homes that harken to the days when Piedmont was considered “the country” and was home to many artists and writers.

Mid-century neighborhoods include St. James Wood and other areas of eastern Piedmont that were primarily developed after 1940.

While these areas include some “traditional” pre-war architecture, they are characterized by more contemporary California ranch homes. Many of the homes were designed with open floor plans, post and beam construction, attached two-car garages, shake roofs, and other features and amenities associated with the 1950s and 60s. One-story construction predominates in these areas.

Attachment A Agenda Report Page 15

D E S I G N A N D P R E S E R V A T I O N

E L E M E N T

Visual Landmarks and Gateways
Visual landmarks are structures or landscape features that provide orientation and identity. They may be located within the city or they may be on the horizon. Important landmarks in Piedmont include the Oakland Avenue Bridge, the Civic Center complex, the Exedra at Piedmont Park, Piedmont Community Hall, the allée of trees along Oakland Avenue, and the city’s religious institutions and schools. More distant landmarks that shape Piedmont’s identity are the Oakland and San Francisco skylines, the Golden Gate and Bay Bridges, Lake Merritt, Angel Island, and Alcatraz Island.

Views to these horizon features are an important part of the city’s character.

Gateways are the key points of entry into a city, its neighborhoods, and business districts. They shape first impressions, create a sense of arrival, and present an opportunity to strengthen civic identity. Gateways in and out of Piedmont are presently understated and are marked only by small “neighborhood watch” signs. There are no “city limit” signs or monuments on the major arterials in and out of the city. More substantial neighborhood gateways exist on local streets. For example, pillars mark the entrances into St. James Wood from Park Boulevard and the Piedmont Manor tract along Grand Avenue. Although these are privately maintained, they create a strong visual imprint for motorists and pedestrians.

During 2007, Piedmont used centennial “banners” to enhance approaches to the Civic Center area along Highland Avenue. There may be other opportunities to strengthen city gateways in the future—or to create stronger civic “branding” through signage, graphics, and street lighting. There are also opportunities for new visual landmarks on school campuses and in the Civic Center area. Features such as public art, clock towers, or spires on new or refurbished buildings can quickly become local landmarks or points of visual interest.

Views and Vistas
Views in Piedmont enhance property values, provide a sense of orientation, and inspire local architecture. Many homes in the city have partial or full westerly views taking in skylines, bridges, water bodies, and hills. Shortrange views are also important, with many homes looking out over wooded canyons or eastward toward the Oakland Hills. View preservation is addressed by the Piedmont Municipal Code (see text box at left) and by design review criteria for second-story additions.

Trees vs Views
Chapter 3 of the Piedmont
Municipal Code recognizes
the conflicts that can arise as
the city balances its goals of
tree protection and view
preservation. Trees and views
are both highly valued, yet as
the code acknowledges, “tree
planting locations and species
selections may produce both
intended beneficial effects on
the property where they are
planted, and unintended
deleterious effects on
neighboring properties of
equal or higher elevations.”
The City Code establishes a
means for property owners to
address tree trimming and
view issues as a civil matter
between property owners. The
Code includes rules for
documenting view
obstruction, measuring view
quality and benefits,
apportioning the cost of tree
trimming between neighbors,
determining the extent to
which trees must be cut back,
and carrying out the trimming.

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PUBLIC REALM
Piedmont’s “public realm” includes city streets, parking strips, sidewalks, parks and plazas, civic buildings, and other areas within the public rights-ofway. The appearance and physical condition of these areas shape the city’s image in the same way that private properties do. Design details such as pavement, streetlights, benches, trash receptacles, newspaper stands, bike racks, and street signs are all important public realm elements. Their style, color, and materials can help otherwise unremarkable areas stand out in a positive light. Their level of maintenance provides an indicator to residents about the quality of services and life in the community.

The 2007 General Plan Resident Survey found that Piedmont residents take great pride in the quality of the city’s public spaces, particularly its parks, landscaped medians, and planted street islands and triangles. Aesthetics ranked fourth in the Survey’s query of what residents liked best about Piedmont, behind schools, safety, and small town character. A concerted effort is necessary to keep public space in top condition, while at the same time responding to fiscal constraints and meeting competing goals such as water conservation and a shift toward native landscaping.

Specific elements of the public realm are highlighted below.

Landscaping
Landscaping is an important part of community aesthetics and complements the city’s architectural heritage. Piedmont’s parks and rights-of-way are maintained by the Department of Public Works, with assistance from volunteer organizations such as the Piedmont Beautification Foundation and the Piedmont Garden Club (see text box, next page).

Piedmont’s ordinances also encourage, and in some cases require, the landscaping of private property. For single-family areas, lots are required to have not less than 30% of the site devoted to landscaping (40% in the estate zone), and all required street setbacks must be landscaped. The requirement is as low as 15% for multi-family and mixed-use and commercia1 uses, with at least 75% of the requirement satisfied in the front setback. Applications for conditional use permits, new residences, and other large projects that substantially change existing vegetation must include landscape plans.

City Hall
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Street Trees
Street trees are an important part of the public realm. Because trees are also an essential environmental resource, they are discussed in the Natural Resources and Sustainability Element of the General Plan (see Chapter 5).

Signs
Signs are regulated by Chapter 17 of the Piedmont Municipal Code, and there are different standards that apply to public and private property.

Municipal signs, street signs, and directional signs are also important components of the Piedmont streetscape. The City ensures that these signs are aesthetically pleasing and graphically consistent. Piedmont street signs use a white-on-green light-reflective material that is easily readable after dark. These signs indicate ascending house numbers on adjacent blocks, helping to orient motorists. Additionally, City ordinances require that each house clearly display its address number either on the house or on some structure or plaque between the house and the street. Some residents have also had house numbers painted on their curbs to assist in emergency response and to assist visitors.

Public Art
Public art includes sculptures, statues, monuments, murals, fountains, and other forms of art which beautify and enliven public spaces in the city. Good public art can enrich civic life and celebrate local culture and history. The City sponsors temporary public art exhibits as well as permanent works of art in public spaces, subject to review by the Council and City commissions.

Keeping Piedmont
Beautiful
Piedmont benefits from having
two outstanding civic
organizations committed to
improving the city’s aesthetic
quality.

The Piedmont Garden Club
was founded in 1923. Over the
years, its activities have varied
from mosquito control and
creek restoration to planting,
horticulture, and park
renovation. The Piedmont
Garden Club regularly
undertakes conservation,
education, and beautification
projects on Piedmont lands.

The Piedmont Beautification
Foundation (PBF) was
incorporated in 1964 to initiate
and support community
improvement and
beautification projects through
tax-deductible contributions.

The PBF supports the planning,
improvement, beautification,
and maintenance of the
community center, parks,
streets, schools, and other civic
places. Its commemorative
tree and bench program
honors Piedmont citizens and
families. Its Endowment Fund
provides a continuing source
of financial support for civic
projects and for Piedmont’s
future needs.

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Civic Buildings
The appearance of schools and municipal buildings conveys an important message about a city’s commitment to education and public services.

Piedmont’s civic buildings are well designed and in good condition, but some structures show signs of age or obsolescence. As noted elsewhere in the General Plan, the Piedmont Unified School District is undertaking a major seismic upgrade of its school campuses, providing an opportunity for new or refurbished buildings. New or renovated municipal buildings are also likely in the Civic Center over the next 10 years. Future civic buildings should demonstrate the same commitment to quality design and construction required of private property owners.

Lighting
The lighting of streets and buildings can serve an aesthetic purpose as well as a functional and safety purpose. In Piedmont, most street lighting consists of cobra-head fixtures attached to wooden utility poles. Where utilities are underground, a variety of lighting standards are used. In some locations, decorative or vintage lighting fixtures contribute to neighborhood ambiance.

Utility Undergrounding
A majority of Piedmont’s electric and telecommunication lines consist of overhead wires supported by wooden poles. There is a general—though not universal—consensus that the lines are unsightly and should be underground.

Undergrounding could provide other benefits, including safety, view enhancement, increased service reliability, and the removal of potential obstructions for emergency vehicles after an earthquake or severe storm.

However, these benefits must be weighed against the costs to property owners, which are very high. There is no consensus about the cost-benefit “tipping point” and the issue is often controversial.

The 2007 General Plan Survey indicated that undergrounding was one of the most polarizing issues in the city today. Although 41 percent of the survey respondents indicated they would “strongly support” increased taxes or fees for undergrounding, 17 percent were “strongly opposed.” Many residents were concerned about the additional tax burden and initial costs.

The appearance of
schools and municipal
buildings conveys an
important message about
a city’s commitment to
education and public
services…. Future civic
buildings should
demonstrate the same
commitment to quality
design and construction
required of private
property owners.

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Undergrounding projects are subject to California Public Utility Commission rules and regulations (see text box at left). The work is typically done by creating assessment districts within a neighborhood or sub-area of a city.

Citywide projects are uncommon due to the high cost, the difficulty of obtaining necessary voter support, and the disruption associated with construction and citywide road closures. Most local governments are not equipped to make the financial contributions that would be necessary to substantially reduce costs to property owners, although some allocation of General Fund dollars toward engineering and administrative costs may be made. PG&E is not in a position to underwrite the cost, nor is it required to do so by the Public Utilities Commission.

While there is no “typical” cost for undergrounding, expenses of $30,000- $40,000 per parcel are not unusual in a city such as Piedmont. In addition to these costs, property owners face the expense of replacing their overhead laterals (the wires between the house and the street) with underground conduits.

The City of Piedmont adopted its current undergrounding policy in 2003.

The policy establishes a formal procedure for neighborhood groups seeking to form an undergrounding district. Currently, 70 percent of the owners in a proposed district must sign a petition before work begins on design and assessment. Several undergrounding districts have been created in Piedmont, and at least two more are pending.

Rule 20 A, B, and C
Undergrounding projects in
Piedmont typically occur
through the creation of
undergrounding districts
comprised of multiple
contiguous properties. These
districts may be initiated by
the city or by groups of
property owners. The former
are known as Rule 20A or Rule
20B districts.

Rule 20A districts are
municipal projects that are
funded by PG&E. They are
often earmarked for arterial
streets, historic districts, and
neighborhood business
districts. Rule 20B districts are
funded by creating a CityCouncil approved assessment
district, with costs allocated to
owners based on the special
benefits each property
receives. In the absence of
majority protest, the Council
has the authority to approve
or deny a Rule 20B district.

Undergrounding projects can
also be initiated by private
property owners under Rule
20C; 100 percent approval is
required. Rule 20C is usually
used for projects that only
involve a small number of
owners.

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DESIGN REVIEW
A majority of Piedmont’s housing stock has been renovated in the past 50 years, with many homes undergoing substantial expansion. During this time, the City has developed a design review program that accommodates a homeowner’s right to alter or expand his or her residence while respecting neighborhood context and protecting the privacy and aesthetics of neighbors.

This program applies to brand new homes as well as alterations. However, because only two or three new single-family homes, along with dozens of new accessory dwelling units, were built in Piedmont in a typical year, the most frequent applications have been for remodels in the past.

The City Council has delegated design review responsibilities to the Planning & Building Department and Planning Commission. The process has evolved in response to construction trends, community feedback, and public expectations. The nature of design review is such that there will always be tension between individual rights and community aesthetics. Piedmont’s Design Standards and Guidelines make the process more objective and knowable in advance by spelling out (and illustrating) in detail the City’s expectations for new construction, additions, and alterations.

The intent of design review as stated in the Piedmont Municipal Code is to promote orderly, attractive, safe, and harmonious development. It reinforces numerous General Plan goals, such as maintaining Piedmont’s residential character, preserving its architectural heritage, protecting its environment, and enhancing its natural beauty and visual character. The Municipal Code notes that all property improvements should be properly related to their own site and to surrounding sites, with due regard to aesthetics, natural terrain, landscaping, and the exterior appearance of nearby structures.

Design review applies to most projects requiring building permits and all improvements requiring variances, conditional use permits, and demolition permits. It also applies to children’s play structures visible from the street, other secondary and accessory structures, and large satellite dishes. Interior remodeling is exempt, as are most on-grade improvements (patios and pathways), and most fences, trellises, and retaining walls that conform to other aspects of the planning code. Small satellite dishes and normal home repairs are also exempt.

The City’s design review requirements are profiled in the text box at left.

The Four Tiers of Design Review
Piedmont has a four-tiered system of
design review:

Ministerial Design Review is available
to certain development projects
under State of California law.

Expedited Design Review is an
expedited process for minor projects
such as replacing an existing feature
with a new feature that is slightly
different in material, function, or
design. A public hearing is not
required, although neighbors may be
asked to sign off on the
improvements. The process normally
takes 10-14 days.

Director Design Review applies to
most projects and those that do not
require a Variance. The process
takes about 40 calendar days,
including a 14-day notification period
and a 10-day appeal period.

Adjacent neighbors are notified and
are given an opportunity to
comment.

Planning Commission Design Review
applies to most projects that exceed
cost thresholds or that require a
Variance. In some cases, story poles
(showing the extent of the airspace
to be enclosed) may be required.

Notification requirements vary from
100 to 300 feet depending on the
scope of the project, and all residents
may comment during a formal public
hearing.

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The 2007 General Plan Resident Survey indicated majority support for the City’s design review requirements. However, about one-third of the respondents felt the requirements were too restrictive and expressed frustration with the rules and procedures. Critics of the process felt it was too intrusive and subjective and gave too much oversight to neighbors. A large number of suggestions were made to streamline the process, including exempting projects that are minimally visible to neighbors, applying more flexibility, and clarifying the rules.

A much smaller number of survey respondents felt the rules were not strict enough. Some residents felt that design review should go further to protect views and discourage oversized homes. Others felt the city should add landscaping guidelines and require tree removal permits.

In 2017, the City of Piedmont completed a second survey focused on applicants’ perspectives and design review, and a majority of respondents reported that the process had improved their own designs. Piedmont will continue to explore ways to streamline and simplify design review without compromising the program’s basic objectives.

Piedmont Design Standards and Guidelines
The Piedmont City Council first adopted residential design guidelines in 1988. The Piedmont Design Standards and Guidelines are intended for use by the Planning Commission, City Planning staff, and the general public to ensure that construction projects are properly related to their sites, surroundings, and broader community setting. Five categories of construction are addressed:
 General site design
 General building design
 Single-family building design
 Multifamily development
 Mixed-use commercial and residential development
The design standards and guidelines consider aesthetic design, compatibility, and safety for each feature. Illustrations are used to convey design ideas and to graphically show do’s (“yes”) and don’t’s (“no”) for changes such as room additions, new porches, and windows. The design standards and guidelines strive for architectural enhancement, compatibility, and consistency across the city.

The 2007 General Plan
Resident Survey
indicated majority
support for the City’s
design review
requirements. However,
about one-third of the
respondents felt the
requirements were too
restrictive and expressed
frustration with the rules
and procedures.

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Community Standards
Piedmont has high standards of property maintenance and upkeep.

Conditions which substantially detract from the appearance of a neighborhood or which may impair surrounding property values are prohibited by Section 6.1 of the City Code. The City requires abatement of deteriorating structures, nuisances, and blight. City regulations address weeds and overgrown vegetation; exterior debris such as boxes and lumber; disabled or mothballed vehicles, boats, and trailers in yards; unsafe or unsightly buildings; and other property conditions which could diminish the enjoyment or aesthetics of adjacent properties. The City has the authority to abate such nuisances at the expense of the property owner, including the use of liens.

The City is responsible for maintaining its own property, including city parks, streets, street trees, and civic buildings. General fund allocations for property maintenance are provided in the municipal budget each year. The City conducts routine street sweeping and publishes a street sweeping schedule during the rainy season so that residents can plan accordingly. As noted in the Natural Resources and Sustainability Element, the City also provides green waste collection service. This encourages residents to keep their yards free of garden, leaf, and pruning debris.

Crocker Park
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HISTORIC PRESERVATION
Historic preservation refers to the sensitive maintenance, continued use, and restoration of older buildings, districts, and properties having historic, architectural, aesthetic, or other special interests or values. Broadly defined, preservation may also include archaeological resources, including Native American sites.

Preservation provides cultural benefits such as education and life enrichment; aesthetic benefits such as the protection of distinctive architecture; and economic benefits such as tax credits, jobs for skilled craftspersons, and business attraction for neighborhood shopping areas. It also provides environmental sustainability benefits by preserving and reusing building materials, and conserving the resources that would otherwise be needed to rebuild.

The National Park Service and State Historic Preservation Office have developed criteria for defining what is “historic.” These criteria are sometimes supplemented by local guidelines adopted by cities or counties.

Generally buildings are eligible for historic designation if they are more than 50 years old; have significance to the history of the community, region, state, or nation; are representative of a significant architectural style or type of construction; are the site of a significant historic event; are associated with important people or organizations in the community’s past; are a significant work of a renowned architect or builder; or have design, engineering, material, artistry or craftsmanship representing notable innovations.

Historic properties may be identified as individual sites, or as groups of sites (known as historic districts). Federally listed properties are eligible for tax benefits. The State of California also has tax reduction programs for historic properties. For example, the Mills Act involves a 10-year contract between a City and a property owner to provide property tax relief in exchange for restoration and maintenance of a historic structure.

Most preservation programs are based on standards for the treatment of historic properties developed by the U.S. Department of the Interior (see next page). These standards distinguish between preservation, rehabilitation, restoration, and reconstruction. In fact, Piedmont’s Design Standards and Guidelines incorporate many of the same principles as the Secretary of the Interior’s standards, including guidelines for the treatment of windows, doors, roofs, and porches.

Preservation provides
cultural benefits such as
education and life
enrichment; aesthetic
benefits such as the
protection of distinctive
architecture; and
economic benefits such as
tax credits, jobs for
skilled craftspersons, and
business attraction for
neighborhood shopping
areas.

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Secretary of the Interior Standards
62 Farragut Av, circa 1920 62 Farragut Av, circa 2008
The U.S. Department of the Interior has developed standards intended to promote responsible preservation practices by local governments across the country. These standards identify four possible “treatments” for historic resources, defined below:

Preservation places a high premium on the retention of historic fabric through conservation, maintenance and repair. It reflects a building's continuum over time, through successive occupancies, and the respectful changes and alterations that are made.

Rehabilitation emphasizes the retention and repair of historic materials, but more latitude is provided for replacement because it is assumed the property is more deteriorated prior to work. Both Preservation and Rehabilitation standards focus attention on the preservation of those materials, features, finishes, spaces, and spatial relationships that, together, give a property its historic character.

Restoration focuses on the retention of materials from the most significant time in a property's history, while permitting the removal of materials from other periods.

Reconstruction establishes limited opportunities to re-create a non-surviving site, landscape, building, structure, or object in all new materials.

A set of design principles has been developed by the Secretary of the Interior for each of the treatments listed above. Choosing the most appropriate treatment requires an evaluation of a building's historical significance, as well as other factors such as its relative importance in history, its physical condition, its proposed use, and mandated code requirements.

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Native American Resources
Native Americans inhabited the East Bay Plain for thousands of years before European settlers arrived. The area around Piedmont was populated by the Ohlone (also known as the Muwekma or Costanoan) Tribe. Evidence of their presence includes shell mounds along the Bay, and arrowheads, tools, skeletons, and ornaments occasionally unearthed in settlement sites. Most Ohlone settlements were located along the shoreline and on creeks. The settlements nearest to Piedmont were along Temescal Creek in North Oakland and along Trestle Glen near Lake Merritt.

As part of the General Plan Update, the city consulted with Native American tribes and the California Native American Heritage Commission to determine the extent of pre-settlement resources in Piedmont. Although no places of special significance are documented, it is still possible that artifacts exist.

The most likely locations would probably be in open space areas such as Piedmont Park (site of historic mineral springs), Moraga Canyon, and Indian Gulch.

Centennial Homes
There are just over 170 existing homes in Piedmont that pre-date the City’s incorporation in 1907. These homes were catalogued and inventoried, and their individual stories told in “Cottages and Castles” a 2007 publication prepared as part of Piedmont’s Centennial celebration. The city’s earliest homes include some of the Bay Area’s best examples of Victorian, Bungalow, American Foursquare, Craftsman, Colonial Revival, and English/Tudor residential architecture. Many of these homes include period details that have been preserved or restored over the years, while others have been substantially altered.

The location of the city’s “Centennial Houses” (over 100 years old) is shown in Figure 8-2. The greatest concentration is in Central Piedmont along streets such as Hillside, Bonita, Highland, Mesa, and Oakland Avenues, and in the area near Grand Avenue, particularly along Sunnyside, Rose, Lake, and Kingston. There are also several estates on larger lots east of Piedmont Park that date from the pre-incorporation period.

The city’s earliest homes
include some of the Bay
Area’s best examples of
Victorian, Bungalow,
American Foursquare,
Craftsman, Colonial
Revival, and English/
Tudor residential
architecture. Many of
these homes include
period details that have
been preserved or
restored over the years,
while others have been
substantially altered.

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Post Incorporation
Between 1907 and 1940, some 2,500 homes were built in Piedmont—nearly 70 percent of the city’s existing housing stock (see text box at left). It was during this era that Piedmont became known as the “City of Millionaires,” with large, stately homes constructed on many of its avenues. Some of these homes were designed by well-known early 20th Century architects such as Julia Morgan, Bernard Maybeck, John Hudson Thomas, Charles Sumner Greene, and Newsom and Newsom. Some, like the former residence of Frank Havens (101 Wildwood Gardens), are significant not only for their architecture but also because they were home to notable individuals. Others are remarkable for their amenities, craftsmanship, beauty, design innovation, and even their sheer size.

Most Piedmont homes are not considered individually historic, but collectively they have a transcendent quality that defines the image of the city. Piedmont contains block after block of fine early 20th century residential architecture, representing some of the Bay Area’s best examples of the styles of the 1910s and 1920s. Although some of the city’s architectural legacy has been lost to demolition, fire, and unsympathetic remodeling, most of Piedmont’s older buildings are remarkably intact. The city’s neighborhoods evoke a sense of nostalgia and convey an image of permanence and enduring quality. It is easy to take these qualities for granted, but they are truly what makes Piedmont the special place it is.

Many of the city’s civic buildings also date from the 1907-1940 period, including City Hall, Piedmont Community Church, and the former Christian Science Church. Local architect Albert Farr was particularly important during this period, and designed many of Piedmont’s early civic landmarks.

The Oakland Avenue Bridge, designed by Farr, is another example of an important historic civic feature—when it opened in 1910, it was the largest of the new concrete reinforced spans in the United States.

Some of the formal gardens and open spaces from the city’s early days also have historic importance. Piedmont Park was developed according to a master plan that is now almost 90 years old, and still contains historic statuary, pathways, and restored street furniture. Mature trees are part of the city’s historic landscape as well, uniting neighborhoods and creating enduring symbols of the city’s heritage.

A Legacy of Older
Homes
More than 70 percent of
Piedmont’s homes were built
before 1940, the highest
percentage of any city in the
Bay Area. Even when only
single-family homes are
counted, the city still retains a
higher percentage of pre-war
dwellings than San Francisco,
Berkeley, or Oakland.

Percent of Homes Built Before
1940
All housing
units
Single family
homes
Alameda 33.4% 39.3%
Albany 41.9% 68.6%
Berkeley 48.8% 67.3%
Charleston, SC 17.2% 16.2%
Los Angeles 16.7% 20.9%
Oakland 35.1% 43.5%
Pasadena 30.0% 42.9%
New York City 36.0% 35.7%
Philadelphia 41.7% 46.3%
Piedmont 70.5% 71.6%
San Francisco 49.9% 49.9%
San Leandro 11.7% 14.7%
Savannah, GA 16.4% 14.6%
Vallejo 11.6% 11.7%
Washington,DC 34.6% 49.8%
Source: Census 2000
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Preservation Efforts and Opportunities
Despite the large number of historic resources and older buildings in the city, Piedmont has only one house on the National Register of Historic Places— the Wetmore house at 342 Bonita Avenue. The house is adjacent to City Hall and is the oldest residence in Piedmont. It was built in 1877 and has been listed since 1978. There are many other properties in the City that are potentially eligible for the National Register, or that could be considered as potential California Historic Landmarks or Points of Historical Interest.

Most of the preservation activity in Piedmont occurs through the design review program. Although Piedmont does not have designated historic districts, the entire city is effectively treated as a neighborhood conservation district through the application of design standards and guidelines that reflect prevailing architectural styles and context. These guidelines are reinforced by zoning standards that maintain residential uses, limit excessive height and bulk, discourage replacement of older homes with substantially larger homes, and encourage the production of housing affordable to residents in all income levels. The combination of zoning and design review has effectively protected the older building stock and in many cases led to the restoration of original architectural features.

No addition, alteration, or new construction may be approved in Piedmont unless it is found to be harmonious with existing and proposed development in the neighborhood. In addition to looking at height and bulk, the Planning Commission examines details such as the line and pitch of the roof, exterior materials, and the treatment of windows and doors. Staff also considers these features in administrative and staff-level design review applications.

Adherence to these standards over the past few decades has helped sustain property values and substantially reduced the threat of demolition.

Conserving and restoring older buildings is only one aspect of historic preservation. Advocacy, documentation, and education are also critical.

These are the goals of the Piedmont Historical Society (PHS), a non-profit organization that actively promotes preservation in the city. The Society maintains a collection of memorabilia in the Piedmont Recreation Center. Its broader mission is to encourage interest and increase knowledge of Piedmont’s local history, publish material of historical interest, produce exhibits and events, and collect material of historic importance to the city.

Although Piedmont does
not have designated
historic districts, the
entire city is effectively
treated as a
neighborhood
conservation district
through the application
of design guidelines that
reflect prevailing
architectural styles and
context.

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There are opportunities to substantially expand the public’s awareness of Piedmont’s historic resources. Brochures, walking tours, historic fairs, awards programs, lectures, websites, and other media can be used to broaden public appreciation of local history and culture. The City has prepared a guide to Piedmont history designed for elementary school students. Historic trails such as the Centennial Trail in Piedmont Park can also be an effective educational tool. While many of the city’s early structures remain standing, some are long gone—their commemoration through plaques and markers can keep the past alive and create a sense of living history.

There is also more that can be done to catalog and continue to survey Piedmont’s historic resources. The Centennial home inventory should be seen as a model for similar surveys and publications covering the postincorporation period. The City and Historical Society have a wealth of photographic archives, blueprints, old permits, and other records that have been used to chronicle the history of important Piedmont homes. Much of the work has been—and will continue to be—done by volunteers. Grants and other funding sources for preservation activities may be pursued to support these efforts.

It is also important to recognize that history is not static—part of looking forward is continually redefining what was most significant about the past.

Surveying and cataloguing historic resources must be an ongoing process. In this regard, the significance of Piedmont’s mid-century (1940-1965) architecture is now starting to be appreciated and acknowledged. During the coming decades, it will become more important to take stock of the “recent past.” Similarly, preservation must look not only at the built environment, but also at the people and events that have shaped Piedmont history.

Finally, preservation is as much about shaping the future as it is about saving the past. Some of the historic elements that have been lost in Piedmont— including historic schools and older commercial buildings in the Civic Center area—can provide the inspiration for future construction. This will be especially important as Piedmont schools are rebuilt and as the city’s two mixed-use and commercial business districts and other areas evolve. It is also an important philosophy to embrace in the event existing structures must be reconstructed due to fire, earthquakes, or other natural disasters.

It is also important to
recognize that history is
not static—part of
looking forward is
continually redefining
what was most significant
about the past.

Surveying and
cataloguing historic
resources must be an
ongoing process.

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GOALS, POLICIES, AND ACTIONS
Goal 27: City Identity and Aesthetics
Ensure that streets, parks, civic buildings, and other aspects of the “public realm” contribute to Piedmont’s overall identity, beauty and visual quality.

Policies and Actions
Policy 27.1: Streets as Public Space
Recognize that streets are important public spaces as well as transportation routes. Sidewalks, street trees, landscaping, and other amenities should be provided and maintained to keep these spaces attractive.

Policy 27.2: Sidewalks and Planting Strips
Manage sidewalk space and planting strips along Piedmont streets to promote pedestrian safety and comfort, enhance visual character, and reduce the impact of vehicle traffic on adjacent yards.

See also Transportation Element policies on sustaining a pedestrian friendly city, and on siting parking lots to the rear of non-residential buildings rather than in the front setback.

Policy 27.3: View Preservation
Recognize and protect significant views in the city, particularly Piedmont’s characteristic views of the San Francisco and Oakland skylines, Lake Merritt, the Bay and Golden Gate Bridges, Angel Island, and Alcatraz Island.

Discourage the obstruction of such views by upper-level additions, tall structures, and devices such as communication towers. Similarly, tree planting should avoid species or locations that will lead to the obstruction of desirable views.

Policy 27.4: City Gateways
Create more distinctive and memorable points of entry into the city to provide a stronger sense of arrival and define city edges.

Policy 27.5: Beautification Efforts
Support local beautification and median planting efforts by neighborhood and community groups.

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Policy 27.6: Public Art
Encourage the placement of public art in parks, around public buildings, and in important civic spaces and visitor areas. Such art should reflect the city’s history, character, landscape, and people.

Policy 27.7: Street Lighting
Provide street lighting that improves public safety and assists travelers while also enhancing neighborhood character. Streetlights should complement the city’s architecture, avoid light and glare conflicts, and be consistent with the energy conservation goals laid out elsewhere in the General Plan.

Policy 27.8: Utility Undergrounding
Support neighborhood efforts to underground utilities throughout Piedmont, with due consideration given to the level of community support and the financial impacts on the City and its residents. Underground utilities shall be required for any new subdivision.

Policy 27.9: Signs
Require quality, balance, consistency, and high-quality materials in the design of signs, including commercial business signs, municipal signs, street signs, and traffic signs. Signs should be compatible with buildings and streetscapes, and should be minimally obtrusive to surrounding uses.

27.10: Design Continuity
Apply consistent standards for pavement, signage, street furniture (benches, planters, trash receptacles, bus shelters, etc), and other elements of public space to help unify the city and strengthen Piedmont’s identity See also Land Use Element Policy 4.1 on strengthening the Civic Center as a community gathering place.

Bufano Sculpture, Bear and Cubs
Crocker Park
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 Action 27.A: Viewshed Ordinance
Increase public awareness of the viewshed ordinance and provide technical assistance as needed to property owners filing claims.  Action 27.B: Rooftop Structures
Encourage residents to remove obsolete rooftop features such as antennae and satellite dishes that are no longer in use. At the same time, regulations and guidelines for rooftop structures should be reviewed to ensure that “green” features such as photovoltaic panels are not precluded or discouraged.
 Action 27.C: Gateway Enhancement
Consider a program to enhance the gateways in and out of Piedmont (on Grand, Moraga, and Oakland Avenues) with landscaping, art, and signage that helps define Piedmont’s boundaries. Priority should be on the two Grand Avenue gateways, the Oakland Avenue gateway, and the Moraga Avenue gateway at the eastern edge of the city.
 Action 27.D: Funding for Beautification Projects
Apply for grants and other funding sources for citywide improvements, including landscaping, street trees, and street lighting.  Action 27.E: Changes to City Undergrounding Policies
Continue the public dialogue on alternative solutions to utility undergrounding and prioritization of Rule 20A funds. Modifications to current City practices and procedures for the use of Rule 20 undergrounding funds should continue to be studied. Any changes to current City policy should be vetted with the community through an open and transparent process.
 Action 27.F: Street Lighting Standards
Study street-lighting standards in Piedmont to ensure that they result in an appropriate level of lighting. Streetlights should avoid excessive light pollution and energy consumption, while ensuring public safety and safe road conditions.

See also Policies 14.3 and 14.6 on trees and views
“It is important to us that
the city keeps its original
appearance and that
everybody’s interests are
taken into account when
new construction projects
are approved.”
- General Plan Survey
Response
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Goal 28: Residential Architecture
Integrate new residential construction, additions, and alterations in a way that is physically compatible with existing structures, their immediate surroundings, and enhance the community as a whole.

Policies and Actions
Policy 28.1: Scale, Height, and Bulk Compatibility
Strengthen the defining qualities of Piedmont neighborhoods by relating the scale of new construction, additions, and alterations to existing homes and neighborhood context. Overpowering contrasts in scale and height on adjacent lots should be avoided.

Policy 28.2: Style Compatibility
On blocks where one architectural style or design theme is predominant, require new construction and alterations that respect and are compatible with the prevailing style. On blocks where no particular style is predominant, new construction and alterations should be compatible with the style of homes nearby. This applies not only to the house, as a whole, but to building elements such as foundations, porches, exterior stairs, doors, exterior materials, ornamentation, roofs, and doors.

Policy 28.3: Additions
Discourage residential additions which appear “tacked on” or which obstruct views from adjacent houses. The mass and scale of additions should not overpower the existing residence.

Policy 28.4: Setback Consistency
Wherever possible, maintain the established setbacks along neighborhood streets by orienting new or remodeled buildings in a manner that is consistent with prevailing setbacks.

Policy 28.5: Garages, Decks, and Porches
Encourage garages, decks, and porches to complement the architecture and design of the primary residence and adjacent residences. Garages should be visually integrated with the neighborhood and respect the amenities enjoyed by residences on contiguous parcels. New garages should be sited to minimize safety impacts and should not encourage parking that blocks all or part of a sidewalk.
“Every change to a
residence has a strong
impact on individual
homes on the street and
to the potential resale
value. There should be
wise design approval for
all.”
“Homes have to fit
character and vintage
details of neighborhood.

If the street is one story
bungalows, does a big 2-
story addition really fit?”
- General Plan Survey
Responses
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Policy 28.6: Exterior Materials
Encourage the use of exterior materials that are appropriate to the property, neighborhood and natural setting.

Policy 28.7: Hillside Home Design
On steep hillside sites, take advantage of topography and views and encourage designs that reduce effective visual bulk. New hillside homes should follow the contour of the slope, with buildings broken into several horizontal and vertical elements rather than large building planes.

Policy 28.8: Acoustical and Visual Privacy
Encourage the siting of windows, vents, exhaust ports, skylights, and other appurtenances in a way that respects the acoustical and visual privacy of adjacent residences and yards.

Policy 28.9: Eyes on the Street
Locate and design windows and doors in a manner which discourages views into the house by persons driving or walking by, but allows for views of the street by the occupants themselves.

Policy 28.10: Multifamily Design
Require any new development in Piedmont’s multifamily and mixed-use areas and housing development affiliated with religious institutions to enhance the residential architectural styles of Piedmont. Avoid “motel style” apartment buildings which face the side yard rather than the street, and “podium” (or soft-story) units built over street-facing parking bays. Where feasible, multifamily buildings and mixed-use buildings should be broken into clusters to reduce perceived size and bulk.

Policy 28.11: Design Review
Implement General Plan residential design policies through zoning and design review. Design standards, guidelines, requirements, policies, and procedures should be stated clearly and applied consistently.

Policy 28.12: Creativity and Innovation
To the extent possible, avoid the imposition of artificial or excessive limitations in the interpretation of the city’s design standards and guidelines.

The policies laid out herein should be carried out without eliminating the possibility for architectural creativity and innovative design.

On steep hillside sites,
take advantage of
topography and views
and encourage designs
that reduce effective
visual bulk. New hillside
homes should follow the
contour of the slope, with
buildings broken into
several horizontal and
vertical elements rather
than large building
planes.

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 Action 28.A: Zoning Ordinance Implementation
Apply the development standards in the zoning ordinance, including setback, height, floor area ratio, and lot coverage, to help achieve the city’s design policies.

See also Action 6.B on revising development standards to achieve City goals.  Action 28.B: Design Review Program
Continue the design review process for new development, alterations, and additions.
 Action 28.C: Design Media
Develop additional media and educational tools to assist residents with navigating the design review process. This could include new or improved informational brochures and local access cable / web broadcasts that lay out design review requirements.

See Also Action 6.C on the City Planning and Building websites.

Seaview Avenue
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 Action 28.D: Commercial, Mixed Use, and Multifamily Standards Maintain updated codes and standards for multifamily residential development and mixed-use development to reflect changes in State and federal law, new technology, and market trends. Streamline the review and approval of certain qualifying affordable housing developments through a ministerial process with objective design standards. (See Housing Element program 4.R.)
 Action 28.E Accessory Dwelling Units
Encourage the creation of rent-restricted accessory dwelling units for low and very low income households. Maintain Planning & Building regulations which ensure the health and safety of accessory dwelling unit occupants and the occupants of the adjacent residences. (See Housing Element goal 3 policies and programs.)
Goal 29: Yards and Landscapes
Encourage well-maintained residential yards that enhance the park-like image of the city.

Policies and Actions
Policy 29.1: Conserving Residential Yards
Recognize the importance of yards to the overall balance and composition of Piedmont neighborhoods. Avoid overbuilding or excessive coverage of yards with structures.

Policy 29.2: Landscape Design
Use landscaping to soften the appearance of buildings, frame desirable views, screen undesirable views, buffer potentially incompatible uses, and maintain an attractive streetscape. Landscape design should fit the surrounding context and complement the city’s natural landscape.

See also policies in the Natural Resources and Sustainability Element on conserving large, mature trees; and policies on the use of drought-tolerant and native plants.

Use landscaping to soften
the appearance of
buildings, frame
desirable views, screen
undesirable views, and
buffer potentially
incompatible uses.

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Policy 29.3: Front Yard Enclosures
Regulate front yard fences, walls, and equipment enclosures so that the open quality of Piedmont’s streetscape is maintained. Enclosure of front yards should be discouraged except in rare instances due to traffic, topography, lack of alternative outdoor living space, or other unique site circumstances.

Policy 29.4: Maintaining Privacy
In lieu of fences, encourage the use of landscaping to define private outdoor areas on corner lots and in the front yards of properties with little or no usable rear yard space.

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Policy 29.5: Fence and Wall Design
Encourage fences and walls to be designed in a way that complements the architecture of adjoining residences. Adverse visual effects of fences and walls on adjacent properties should be minimized.

Policy 29.6: Retaining Walls
Minimize the visual prominence of retaining walls by requiring construction in a stepped or terraced fashion where feasible. Landscaping should be used as necessary to minimize the visual impact of larger walls.

Policy 29.7: Driveway and Parking Location
Locate driveways and off-street parking areas in a manner that minimizes their visual prominence and avoids front yards dominated by parked cars, paved surfaces, and garage doors. Driveways should also be located to minimize the need for grading, paving, and tall retaining walls.

Policy 29.8: Exterior Lighting
Discourage excessive or overly bright exterior lighting and lighting which could interfere with motorist safety. Exterior yard lighting should be designed to avoid spillover on to adjacent properties.

Policy 29.9: Sight Obstructions
Avoid landscape designs that create safety hazards, impair driver visibility, or create the potential for conflicts between pedestrians and motorists, especially on driveways and at intersections.
 Action 29.A: Landscape Guidelines
Consider developing landscape guidelines to assist residents with plant selection and design concepts. The guidelines should achieve multiple city goals, including the greater use of native plants, conservation of Piedmont’s urban forest, and reduction of fire hazards, as well aesthetic improvements.

See also Action 15.A on Bay-friendly landscaping

See also Policy 19.2 on maintaining “defensible space” around residences and using less flammable plants for landscaping on fire-prone hillsides.  Action 29.B: Fence and Wall Guidelines
Update provisions in the 2023 Piedmont Design Standards and Guidelines addressing fences and retaining walls.

Olive Avenue
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 Action 29.C: Nuisance Abatement
Enforce city ordinances to abate weeds, debris, litter, and other property nuisances.
 Action 29.D: Street Sweeping
Conduct regular street sweeping to keep streets and curb areas free of leaves, litter, and other debris. Amend the street sweeping schedule as needed.

Goal 30: Tribal and Archaeological Resources
Protect Piedmont’s Native American cultural resources and archaeological resources.

Policies and Actions
Policy 30.1: Archaeological Resource Protection
Ensure that future construction and/ or earth movement does not result in the loss of important archaeological resources (see text box at left).  Action 30.A: Procedures for Managing Archaeological Resources Implement the following procedure in the event that archaeological deposits or features are discovered and/or disturbed: (1) Work within 50 feet of the discovery should cease until the find is flagged, secured, and assessed by a qualified archaeologist. (2) If the find is determined to be isolated or recent, then construction may resume. If it is potentially significant, appropriate mitigation measures should be developed and the City and property owner should be notified. Movement of significant materials by personnel other than a qualified archaeologist should be prohibited. (3) Following resolution, a report documenting the methods, findings, and recommendations of the archaeologist should be prepared.  Action 30.B: Procedures for Managing Native American Remains Follow accepted protocol in the event that human remains from the period of pre-European settlement or later are encountered during construction. This includes halting work in the immediate area until the Alameda County Coroner and California Native American Heritage Commission have been contacted. As appropriate, it may also include contact with the Most Likely Descendant to make recommendations for the respectful treatment of remains and related burial goods, and accompanying documentation.

Identifying
Archaeological
Resources
Although there are no known
archaeological resources in
Piedmont, the city is located in
an area that was inhabited by
Native Americans for
thousands of years before
European settlement. There is
a possibility resources could be
discovered during
construction. Archaeological
resources include prehistoric
materials and historic
materials.

Prehistoric materials may
include flaked-stone tools
(e.g., projectile points, knives,
choppers) or obsidian, chert,
or quartzite tool-making debris;
midden (i.e., darkened soil
containing heat-affected rock,
ash and charcoal, shellfish
remains, and cultural
materials); and stone milling
equipment (e.g., mortars,
pestles, handstones).

Historical materials might
include wood, stone,
concrete, or adobe footings,
walls and other structural
remains; debris-filled wells or
privies; and deposits of wood,
metal, glass, ceramics, and
other refuse.

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Policy 30.2: Archaeological Resources Assessment and Treatment Prior to approval of development projects (excluding small structures exempt under CEQA) that have the potential to impact an archaeological resource(s), such as through grading, excavation for foundations or basements, or new swimming pools, an Archaeological Resources Assessment shall be conducted under the supervision of an archaeologist that meets the Secretary of the Interior’s Professional Qualifications Standards in either prehistoric or historic archaeology. Assessments shall be completed in accordance with the California Office of Historic Preservation guidance and will follow the Archaeological Resource Management Reports (ARMR): Recommended Contents and Format guidelines.

If the Archaeological Resource Assessment identifies resources that may be affected by the project, Phase II testing and evaluation will be required. If resources are determined significant or unique through Phase II testing and site avoidance is not possible, appropriate site-specific mitigation measures shall be identified in the Phase II evaluation. These measures may include, but would not be limited to, a Phase III data recovery program, avoidance, or other appropriate actions to be determined by a qualified archaeologist.

If significant archaeological resources cannot be avoided, impacts may be reduced to less than significant by filling on top of the sites rather than cutting into the cultural deposits. Alternatively, and/or in addition, a data collection program may be warranted, including mapping the location of artifacts, surface collection of artifacts, or excavation of the cultural deposit to characterize the nature of the buried portions of sites.

Policy 30.3: Tribal Cultural Resources. For future projects that are determined through tribal consultation to potentially affect tribal cultural resources, in order to mitigate potential adverse impacts to Native American cultural objects and human remains discovered during construction, project proponents shall retain tribal cultural monitors to monitor work done in areas of Tribal concern, as determined through tribal consultation. In the event that Native American cultural objects and/or human remains are discovered during construction, all earth-disturbing work in the vicinity of the find shall be temporarily suspended or redirected until an archaeologist meeting the Professional Qualifications Standards of the Secretary of the Interior (36 CFR Part 61) has evaluated the nature and significance of the find as a cultural resource and an appropriate local Native American representative is consulted. If the City, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with local Native American Tribes and group(s). The mitigation plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, the plan shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American Tribe and tribal representative and, if applicable, a qualified archaeologist.

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Goal 31: Historic Preservation
Identify, preserve, and maintain Piedmont’s cultural and historic resources and recognize these resources as an essential part of the city’s character and heritage.

Policies and Actions
Policy 31.1: Comprehensive Approach to Preservation
Take a comprehensive approach to historic preservation in Piedmont, considering cultural history as well as architectural history, neighborhoods as well as individual buildings, the natural landscape as well as the built environment, and archaeological resources as well as living history.

Policy 31.2: Preserving Historic Resources
Ensure that planning and building decisions, including zoning and design review approvals, are sensitive to historic resources and promote the conservation of Piedmont’s historic neighborhoods. The demolition of historically important structures shall be strongly discouraged.

Policy 31.3: Context-Sensitive Design
Ensure that the repair, maintenance, and expansion of Piedmont’s historically important structures uses appropriate materials and architectural details and respects historic context.

Policy 31.4: Restoration
Promote the restoration of original period details to older Piedmont homes and where feasible, the modification of exterior alterations that were unsympathetic to the original design of the home.

Policy 31.5: Older Public Buildings
Sustain exemplary standards of stewardship for historic buildings owned by the city, including Piedmont City Hall and the Community Hall. Ensure that the rehabilitation of older public buildings adheres to generally accepted preservation standards.

Policy 31.6: Historic Landscapes
Preserve important historic landscape features, including parks, landscaped traffic islands, and neighborhood entry pillars dating back to Piedmont’s early subdivisions. Ensure that new public works such as streetlights, street furniture, and sidewalks are compatible with the historic context of Piedmont’s neighborhoods.

Wetmore House (1878)
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Policy 31.7: Adaptive Reuse
Where it is no longer feasible to continue using an older building for its originally intended use, encourage adaptive reuse of the structure rather than demolition and replacement
Policy 31.8: Replacement of Historic Structures
In the event that a historically important structure is destroyed by fire or earthquake, or is deemed unsafe and in need of replacement, encourage the new structure to respect the historic architectural context.

Policy 31.9: Recent Past
Anticipate the need to recognize and preserve structures from the “recent past”, that is, the “California modern” era between 1945 and 1960.  Action 31.A: State Historic Building Code
Allow the use of the State Historic Building Code in appropriate circumstances to achieve the preservation of important historic structures, provided that public health and safety are assured.  Action 31.B: Historic Preservation Ordinance
Adopt a historic preservation ordinance that establishes a program of designating local landmarks and establishes a process for review of alterations to these landmarks.
 Action 31.C: Financial Incentives to Preservation
Consider financial incentives to preservation, including state and federal historic preservation tax credits and tax relief programs, grants and funds for preservation, and Mills Act preservation contracts.

Policy 31.10: Historical Resources Assessment and Treatment. A historic resources assessment including State of California Department of Parks and Recreation (DPR) 523 forms shall be prepared prior to the approval of development projects involving the demolition or substantial alteration (alteration of 30 percent or more of the building exterior) of buildings 45 years or older. DPR forms shall include a Primary Record (523A), Location Map (523J), and appropriate detailed recording forms (e.g., BSO Record (523B), Archaeological Site Record (523C), or District Record (523D)). The forms shall be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in architectural history or history (as defined in Code of Federal Regulations, Title 36, Part 61). If the property is already listed in the NRHP In the event that a
historically important
structure is destroyed by
fire or earthquake, or is
deemed unsafe and in
need of replacement,
encourage the new
structure to respect the
historic architectural
character and form of the
building it replaces.

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or CRHR or if DPR forms or an historical resources evaluation (HRE) has been prepared for the property in the past five years, preparation of new DPR forms shall not be required.

If a building to be demolished or substantially altered is identified as a historical resource, efforts shall be made to the greatest extent possible to ensure that the alteration of the identified historical resources is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

Where compliance with the Standards and/or avoidance is not possible, documentation of the historical resource in the form of a Historic American Building Survey (HABS)-like report shall be prepared. The documentation shall be completed by a qualified architectural historian or historian who meets the PQS.

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Goal 32: Preservation Advocacy and Awareness
Raise public awareness of Piedmont’s history and historic resources, both locally and throughout the Bay Area.

Policies and Actions
Policy 32.1: Documentation of Historic Resources
As resources allow, conduct surveys and inventories of Piedmont’s historic resources, using criteria and survey methods that are consistent with state and federal guidelines.

Policy 32.2: Preservation Education
Provide outreach to Piedmont residents on the cultural, physical, and social history of the city. Promote understanding not only of Piedmont history, but also of the community benefits of historic preservation.

Policy 32.3: Preservation Partnerships
Create partnerships between the City of Piedmont, the Piedmont Historical Society, the Piedmont Unified School District, other community groups, and the private sector to advance historic preservation activities in the city.

Policy 32.4: Historic Plaques and Markers
Support the identification of historically important properties through plaques, markers, and heritage trails.

Policy 32.5: Historic Resource Media
Encourage the development of books, videos, brochures, display exhibits, websites, and other media that increase awareness of historic sites and structures.

Policy 32.6: Preservation Events
Promote preservation awards, festivals, conferences, walking tours and other special events that celebrate Piedmont history and historic places.

Piedmont Park, 1870s
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 Action 32.A: Roster of Historic Properties
Work collaboratively with the Piedmont Historical Society to expand the locally maintained roster of historically important structures in Piedmont. The City’s historic surveys and on-line data base of Piedmont properties should be expanded as resources allow. Future surveys should utilize generally accepted practices for defining what is “historic” and for cataloguing historic resources.
 Action 32.B: Nomination of Additional Properties
Consider the nomination of additional Piedmont structures to the National Register of Historic Places, and the listing of structures or sites as California Points of Historical Interest, California Historical Landmarks, or California Register of Historical Resources landmarks.

Any proposals for designation should be done systematically and consistently, in consultation with property owners and the general public.
 Action 32.C: Certified Local Government Program
Study the feasibility of becoming a “Certified Local Government” (CLG) to promote historic preservation at the grass roots level. Becoming a CLG would make Piedmont eligible for federal and state funds that support preservation activities, including education and surveying.  Action 32.D: Historic Data in the GIS
As resources allow, expand information on historic resources as a data layer in the city’s geographic information system (GIS).  Action 32.E: Teaching Piedmont History
Work collaboratively with the Piedmont Historical Society, the Piedmont Unified School District, and other community groups to maintain the history room at the Piedmont Recreation Center, and to continue efforts to teach Piedmont students about the history of the city.

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Attachment A Agenda Report Page 48
Attachment A Agenda Report Page 49
ORDINANCE NO. 782 N.S.

AN ORDINANCE AMENDING CHAPTER 17 AND CHAPTER 19 OF THE PIEDMONT

CITY CODE TO REGULATE SUBDIVISIONS AND HOUSING DEVELOPMENTS PURSUANT TO SB 9 AND SB 1123, AND ADDITIONAL AMENDMENTS RELATING TO

THE SOLAR RIGHTS ACT
The City Council of the City of Piedmont hereby ordains as follows:

SECTION 1 – BACKGROUND AND INTENT
Existing Piedmont City Code provisions in Chapter 17 regulate setbacks for wall protrusions and regulate SB 9 urban lot splits and subdivisions within the City. It is the intent of the City Council of the City of Piedmont to modify existing provisions of Chapter 17 of the City Code to clarify the allowance of wall protrusions related to solar and residential battery energy storage systems within required zoning setbacks and lot coverage limits.

Further, it is the intent of the City Council to clarify provisions for parking spaces, waivers of City standards for SB 9 urban lot splits and two-unit housing developments, and applicability of subdivision ordinance requirements in accordance with Government Code Sections 66411.7 and 65852.21.

It is the intent of the City Council to clarify regulations for accessory dwelling units in singlefamily zones and applicability of subdivision ordinance requirements, in accordance with SB 684 (2023) / SB 1123 (2024), codified at Government Code Sections 65852.28 and 66499.41.

SECTION 2 – CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The potential environmental impacts of the proposed amendments to the Piedmont City Code Chapter 17 and Chapter 19 are consistent with the 2023-2031 Housing Element Implementation EIR, because the 2023-2031 Housing Element Implementation EIR analyzed the impacts of increasing housing production and implementing the Housing Element programs, including program 1.J SB 9 Facilitation Amendments. Proposed amendments to the Piedmont City Code Chapter 17 and Chapter 19 are exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of these provisions would have a significant adverse effect on the environment (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs.

Sections 15061(b)(3)). In addition, the amendments to clarify City Code text are not a project as they modify organizational or administrative activities that will not result in a direct or indirect physical changes to the environment (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs. Sections 15061(b)(3)).

SECTION 3 – AMENDING SECTION 17.38.060
Division 17.38 Accessory Dwelling Units, Section 17.38.060, Zoning regulations; Accessory dwelling unit development standards; Junior accessory dwelling unit development standards; Attachment B Agenda Report Page 50
Projects subject to state mandated approval, of the Piedmont City Code is hereby amended in its entirety to read as follows:
“17.38.060 Zoning regulations; Accessory dwelling unit development standards; Junior accessory dwelling unit development standards; Projects subject to state mandated approval.

A.Zoning regulations. A proposed accessory dwelling unit must comply with the zoning regulations for the district in which it is located, subject to the requirements or exclusions in this section. (See divisions 17.20 through 17.28.)
B. Accessory dwelling unit development standards. An accessory dwelling unit shall comply with all of the following development standards, except the Director may grant an exception to the unit maximum size restriction under section 17.38.070.

1. Size. An attached accessory dwelling unit may not exceed 50% of the existing living area up to a maximum of 850 square feet, or 1,000 square feet if the accessory dwelling unit will include more than one bedroom, except where a restriction to 50% of existing living area would result in a maximum size of less than 800 square feet, an attached accessory dwelling unit of no more than 800 square feet shall be permitted, subject to the zoning regulations and development standards in this section. A detached accessory dwelling unit may not exceed 850 square feet, or 1,000 square feet if the accessory dwelling unit will include more than one bedroom. The minimum floor area for an accessory dwelling unit shall be 150 square feet. The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.

2. Access. The accessory dwelling unit must have independent, exterior access.

3. Subdivision. No subdivision of land is authorized that would result in an accessory dwelling unit being located on a separate parcel, unless each parcel meets all of the zoning requirements for the zoning district in which it is located.

4. Building Height. A detached accessory dwelling unit shall not exceed a building height of 18 feet. An additional height of two feet for a detached accessory dwelling unit shall be allowed to accommodate a roof pitch that is aligned with the roof pitch of the primary dwelling unit. An attached accessory dwelling unit shall not exceed a building height of 25 feet or the height limitations for a primary dwelling unit of the underlying zoning district, whichever is lower.

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.

6. Limitations on city's approval. Under Government Code section 66314, or any successor statute, the following limitations apply to any city approval:
a. Parking. When a garage, carport, uncovered parking space or covered parking Attachment B Agenda Report Page 51
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.
b. Side and Rear Setbacks. No setback is required to construct an accessory dwelling unit within an existing structure that is converted to an accessory dwelling unit or a new structure constructed in the same location and the same dimension as an existing structure. If an accessory dwelling unit is not converted from an existing structure, the minimum setback is four feet from the side and rear lot line. c. Street Yard Setback. Accessory dwelling units of 800 square feet or less can be constructed in the street yard setback only if it is determined by the Director that there is no other configuration on the property that would allow for the construction of an 800 square foot accessory dwelling unit outside the four feet side and rear setbacks and in compliance with all other standards in this section, including height limits.
d. Fire sprinklers. Accessory dwelling units shall not be required to have fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in any other existing dwelling. Fire sprinklers shall be considered “required for the primary dwelling unit” in any of the following circumstances:
i. When fire sprinklers are currently installed in the primary dwelling unit; or ii. When fire sprinklers will be installed in a new primary dwelling unit constructed concurrently with an accessory dwelling unit. e. Passageway. No passageway will be required.
f. Minimum lot area or lot size. Notwithstanding anything in divisions 17.20 through 17.28, no minimum lot area or lot size shall be imposed with respect to the approval of permits for an accessory dwelling unit. g. Floor Area Ratio, Lot Coverage, and Landscaping.
i. Lot coverage. An accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no maximum lot coverage. Maximum lot coverage for an accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district. ii. Landscaping. An accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no minimum landscape area. Minimum landscape area for an accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district.

Attachment B Agenda Report Page 52
iii. Floor Area Ratio. An accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no maximum floor area ratio requirement. Maximum floor area ratio for an accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district.
h. Certificate of Occupancy. The building official shall not issue a certificate of occupancy for an accessory dwelling unit before issuance of a certificate of occupancy for the primary dwelling or multi-family dwelling. i. Utility Connections. For an accessory dwelling unit described in section

17.38.060.D.1, the accessory dwelling unit shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and the accessory dwelling unit shall not be subject to a related connection fee or capacity charge, unless the accessory dwelling unit is constructed concurrently with a new single-family dwelling.

7. An ADU or JADU shall not be permitted on a lot created pursuant to Government Code Sections 65852.28 and 66499.41, as they may be amended from time to time.

C. Junior accessory dwelling unit development standards.

1. General provisions. The following provisions shall apply to junior accessory dwelling units:
a. A junior accessory dwelling shall not be constructed unless a single-family dwelling unit exists on a site and such single-family dwelling unit has been constructed lawfully, or the junior accessory dwelling unit is proposed as part of the construction of the single-family dwelling unit. A junior accessory dwelling unit shall be a permitted use in any lot zoned to allow a single-family residential use.
b. No lot shall contain more than one (1) junior accessory dwelling unit. c. A junior accessory dwelling unit shall be constructed within the existing space of the proposed or existing single-family dwelling, however, an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions of the existing space of a single-family dwelling shall be permitted for purposes of accommodating ingress and egress. For purposes of this provision, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.
d. A junior accessory dwelling unit shall not be sold or otherwise conveyed separate from the single-family dwelling unit.
e. A junior accessory dwelling unit shall have an exterior point of access directly into the junior accessory dwelling unit that is separate and independent from the Attachment B Agenda Report Page 53
single-family dwelling unit.
f. A building permit shall be required to construct a junior accessory dwelling unit or to establish a junior accessory dwelling unit within the existing space of a single-family dwelling. Occupancy of a junior accessory dwelling unit shall be prohibited until the junior accessory dwelling unit receives a successful final inspection pursuant to a valid building permit and receives a certificate of occupancy issued on or after the date of the successful final inspection. g. A junior accessory dwelling unit that shares a bathroom with the existing or proposed single-family dwelling unit shall provide an interior entry to the existing or proposed single-family dwelling unit’s “main living area”.

2. Development standards. The following provisions shall apply to junior accessory dwelling units:
a. A junior accessory dwelling unit shall not be considered a separate or a new dwelling unit for purposes of applying building or fire codes. Installation of fire sprinklers in a junior accessory dwelling unit of any type shall be required only if they are required for the primary dwelling unit. Fire sprinklers shall be considered "required for the primary dwelling unit” under the circumstances as specified in section 17.38.060.B.6.d.
b. The minimum floor area for a junior accessory dwelling unit shall be 150 square feet.
c. The maximum floor area for a junior accessory dwelling unit shall not exceed five-hundred square feet. If the sanitation facility is shared with the remainder of the single-family dwelling, it shall not be included in the square footage calculation for the junior accessory dwelling unit.
d. Setbacks for a junior accessory dwelling unit constructed with a new singlefamily dwelling shall be that of the underlying zoning district. No setback shall be required for a junior accessory dwelling unit contained within the existing space of a single-family dwelling or accessory structure. However, as permitted in this section, an expansion to an accessory structure of up to one hundred fifty (150) square feet to accommodate ingress and egress may be constructed only if the following setbacks are maintained:
i. a street yard setback accordance with the applicable zoning district. ii. a minimum side yard setback of four feet.
iii. a minimum rear yard setback of four feet.
e. No parking shall be required for a junior accessory dwelling unit. f. No lot coverage or landscaping requirement shall apply to a junior accessory dwelling unit.

Attachment B Agenda Report Page 54
g. No height restriction shall apply to a junior accessory dwelling unit. h. A junior accessory dwelling unit shall not be required to install a new or separate utility connection directly between the junior accessory dwelling unit and the utility.
i. A junior accessory dwelling unit may be constructed on a site that does not meet the minimum lot or parcel size requirements or minimum dimensional requirements of the underlying zoning district, provided that it is constructed in compliance with all building standards and other standards of this division. 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. This 150-square-foot of expansion can include removal of an uncovered parking space.
k. An ADU or JADU shall not be permitted on a lot created pursuant to Government Code Sections 65852.28 and 66499.41, as they may be amended from time to time.

3. Use Restrictions. The following restrictions shall apply to junior accessory dwelling units:
a. The City shall record a deed restriction with the County Recorder Office. The deed restriction shall prohibit the sale or other conveyance of the junior accessory dwelling unit separate from the single-family dwelling; specify that the deed restriction runs with the land and is therefore enforceable against future property owners; and restrict the size and features of the junior accessory dwelling unit in accordance with this section.

b. The site's owner may at any time offer for rent either the single-family dwelling unit or the junior accessory dwelling unit. The site's owner shall be required to reside in the single-family dwelling unit as their primary residence at any time while the junior accessory dwelling unit is occupied by a tenant. c. A site's owner shall not allow occupancy of a junior accessory dwelling unit by a tenant for any reason, with or without payment of rent, unless the site owner maintains occupancy of the primary dwelling unit as their primary residence. d. Owner-occupancy shall not be required if the owner is a government agency, land trust, or housing organization.
e. A junior accessory dwelling unit may be rented but shall not be used for rentals of a term less than thirty (30) consecutive days.

Attachment B Agenda Report Page 55
D. Projects subject to state mandated approval. Notwithstanding anything in this code to the contrary, the Director and Building Official shall ministerially approve permits required to create any of the following within a residential or mixed-use zone:

1. One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The accessory dwelling unit has exterior access that is separate from the exterior entrance proposed or existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22.

2. One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling, subject to the following requirements:
a. A total floor area limitation of not more than 800 square feet. b. A height limitation of 18 feet, plus for single family residential zoned lots an additional two feet to accommodate a roof pitch that is aligned with the roof pitch of the existing or proposed main house.

The new construction detached accessory dwelling unit in this subsection may be combined with a junior accessory dwelling unit as described in subparagraph 1 above.

3. Not more than eight (8) detached accessory dwelling units located on a lot that has an existing multi-family dwelling, with the maximum number of allowed accessory dwelling units equal to the number of existing primary multifamily units on the lot, subject to a height limit of 18 feet and four-foot yard setbacks. If the existing multi-family dwelling has a rear or side setback of less than four feet, modification of the existing multifamily dwelling is not required as a condition of constructing the accessory dwelling unit.

4. Conversion of portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, into new accessory dwelling units, provided that each unit shall comply with state building standards for dwellings. The number of new accessory dwelling units authorized for conversion under this subsection shall not exceed 25 Attachment B Agenda Report Page 56
percent of the existing dwelling units in the multi-family dwelling structure or one new accessory dwelling unit, whichever is greater.”
SECTION 4 – AMENDING SECTION 19.2.52
Division 19.11, Definitions, Section 19.2.52, Subdivision, of the Piedmont City Code is hereby amended in its entirety to read as follows:
“19.2.52 Subdivision. “Subdivision” means the division of land for the purpose of sale, lease or financing, whether immediate or future. The land may be improved or unimproved and is that land shown on the latest equalized county assessment roll as a unit or as contiguous units. Property is considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes, but is not limited to, condominium projects, community apartment projects, stock cooperatives, urban lot splits as provided in Piedmont City Code division 17.54, and subdivisions pursuant to Government Code sections 65852.28 and 66499.41.” SECTION 5 – AMENDING SECTION 17.54.050
Division 17.54, Urban Lot Splits and Two-Unit Developments (SB 9), Section 17.54.050, Urban Lot Split Standards, of the Piedmont City Code is hereby amended in its entirety to read as follows:
“17.54.050 Urban Lot Split Standards
The Director may not approve an application for an urban lot split permit unless the project conforms to all of the standards listed below. A waiver may be granted for an exception to the standards as described under section 17.54.080.

A. Size Requirements

1. The parcel subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

2. The newly created parcels are no smaller than 1,200 square feet.

B. Location Requirements

1. The parcel is not located in an area identified in subparagraphs (B) to (K) of paragraph (6) of subdivision (a) of Section 65913.4 of the Government Code. a. The parcel is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to Attachment B Agenda Report Page 57
subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
b. The parcel is not located on a hazardous waste site, as defined by Government Code Section 65913.4(a)(6)(H).
c. The parcel is not located within a special flood hazard area subject to inundation by the one percent annual chance flood (one hundred (100)- year flood) as defined by Government Code Section 65913.4(a)(6)(G).
d. The property is not located within a regulatory floodway, as defined by Government Code Section 65913.4(a)(6)(H).

2. The proposed urban lot split would not require demolition or alteration of the housing types listed in Government Code section 66411.7(a)(3)(D)(i)-(iv) nor the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 of the California Government Code (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
d. Housing that has been occupied by a tenant in the last three years.

3. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

4. The parcel has not been established through prior exercise of an urban lot split as provided for in this division.

5. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this division.

Attachment B Agenda Report Page 58
C. Lot Configuration

1. Access to Public Right-of-Way. The new parcel shall have vehicular access to the public right-of-way, either through direct lot frontage or an easement through the existing parcel.

2. Existing Dwelling Unit. If an urban lot split is proposed for a property with an existing dwelling unit, the split must result in the existing dwelling unit being completely located on one parcel. There shall be no existing or proposed structure in the setback along the new lot line for the lot on which the existing house remains. The lot on which the existing primary residence remains shall comply with the underlying zoning regulations such that no nonconformity is introduced, and no existing nonconformity is increased by the subdivision.

3. Lot Frontage. The lot shall have a minimum frontage of 60 feet, unless the frontage requirement precludes the development of two lots containing an 800 square foot primary structure. A new lot may be accessed via an easement across a pre-existing lot that contains street frontage.

4. Flag Lots. Flag lots are not permitted under an urban lot split permit. If a new parcel is created without direct access to the public right-of-way, an easement shall be provided through the original lot. The easement shall meet the following requirements:
a. The easement shall have a minimum width of 12 feet.
b. The easement shall provide access for utilities to be connected to the public rightof-way.

5. The side line of all lots shall be at right angles to the street which the lot faces, or approximately radial to the center of the curvature, if the street is curved. Side lines of lots shall be approximately radial to the center of the curvature of a cul-de-sac on which the lot faces.

6. For a newly created lot that is located in both Piedmont and Oakland, the applicant shall obtain all the required permits in both jurisdictions.

7. Lots of an unusual shape, as defined in section 17.54.030, are not permitted.

8. Access to the new lot shall meet the driveway width and slope standards outlined in Chapter 3.07 of the Piedmont Design Standards and Guidelines.

D. Utilities

1. The new parcel shall have separate utilities, including but not limited to electric, gas, water, and sewer. The new parcel shall adhere to the standards outlined in the Piedmont Public Works Standards.

2. Utility easements shall be recorded prior to final map recordation.” Attachment B Agenda Report Page 59
SECTION 6 – AMENDING DIVISION 17.54.060
Division 17.54, Urban Lot Splits and Two-Unit Developments (SB 9), Section 17.54.060, TwoUnit Housing Development Standards, of the Piedmont City Code is hereby amended in its entirety to read as follows:
“17.54.060 Two-Unit Housing Development Standards
The Director may not approve an application for a two-unit housing development permit unless the project conforms to all of the standards listed below. A waiver may be granted for an exception to the standards as described under section 17.54.080.

A. Size.
a. The SB 9 unit is no more than 800 square feet in size. b. For an SB 9 unit that exceeds the 800 square foot size limit, the SB 9 unit shall meet the floor area ratio criteria for the underlying zoning district, unless the development falls under section E below.

B. Height. The maximum height of a new SB 9 unit shall meet the requirements of the underlying zoning district.

C. Setbacks.
a. The side and rear setback is four feet for an SB 9 unit in any zone. b. The street-side setback, including for corner lots, is 20 feet. c. For the development of a new SB 9 unit within an existing structure that does not meet the four-foot setback requirement, the new unit is allowed to keep the nonconforming condition so long as the nonconformity is not increased within the setback area. The converted structure must be in the same footprint and dimensions as the existing non-conforming structure.

D. Parking. New SB 9 units are required to have at least one parking space that meets the parking regulations in Section 17.30.040 and Section 17.30.050 of the Piedmont City Code. If the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code, then parking is not required for the new SB 9 unit
E. Lot Coverage.
a. When a two-unit housing development is proposed on a new lot created pursuant to the urban lot split provisions specified in this division, the new SB 9 unit(s) shall conform to the structure coverage, landscape coverage, and floor area ratio of the underlying zoning district.

Attachment B Agenda Report Page 60
b. When a new SB 9 unit is constructed on a lot with an existing dwelling unit, the floor area ratio may exceed the code required maximums so long as structure and landscape coverage conform to the requirements of the underlying zoning district.

F. Path of Travel. The path of travel to the new SB 9 unit shall be clearly marked by providing an address marker visible from the street and at the main entry door to the new unit. If needed, path lights shall also be installed. The path of travel shall have a minimum width of 3 feet.”
SECTION 7 – AMENDING SECTION 17.54.080
Division 17.54, Urban Lot Splits and Two-Unit Developments (SB 9), Section 17.54.080, Waivers from Standards, of the Piedmont City Code is hereby amended in its entirety to read as follows.
“17.54.080 Waivers from Standards
A. An applicant may request a waiver from the development standards provided in this division if the following criteria are met:

1. Application. The applicant requests an exception as a part of the application materials.

2. Approval Authority. The exception request shall be submitted to the Director for review.

The Director shall determine if the exception meets the standards for approval.

3. Standards for Approval. An exception from a development standard shall be granted if the standard would have the effect of physically precluding: (1) an urban lot split of a vacant parcel where the resulting lot size is 1,200 square feet or more for both parcels; (2) an urban lot split of a parcel with existing development, where the resulting lot size is 1,200 square feet or more for both parcels, and the urban lot split does not increase any nonconformity with underlying zoning regulations for the parcel with existing development; or (3) the construction of up to two units that are 800 square feet in floor area or less, each.

Waivers from objective zoning standards shall not be granted if the floor area and/or structure coverage of each new housing development would exceed 800 square feet. The city shall determine the extent of relief necessary to allow two 800 square foot units. Waivers from zoning standards for accessory structures, such as decks and garages, shall be only for the minimum size structure required to serve each housing unit according to state law and Chapter 8 Building Code standards. A waiver cannot be approved for an application that proposes new construction within the four-foot side and rear setbacks.” SECTION 8 – ADDITION OF SECTION 17.54.090
Division 17.54, Urban Lot Splits and Two-Unit Developments (SB 9), is hereby amended to add Section 17.54.090, Recording, to read as follows:
“17.54.090 Recording.

Attachment B Agenda Report Page 61
If a parcel is developed with a housing unit and/or a lot split pursuant to Government Code sections 65852.21 and 66411.7, then the applicant shall record a document indicating the exercise of Government Code sections 65852.21 and/or 66411.7 in a form approved by the city. The document shall be recorded by the applicant prior to final inspection or final map approval.”
SECTION 9 – AMENDING SECTION 17.90.020
Chapter 17, Planning and Land Use, Division 17.90, Definitions; Measurements, Section

17.90.020, Measurements, is amended to update the definition of Footprint, as follows. “Footprint means the total land area covered by all accessory and primary structures on a lot, measured from outside the exterior walls and supporting columns or posts, except that the following are not included in determining footprint:

1. The portions of any uncovered and unenclosed decks, porches, landings, or patios, not including railings, which are less than 30 inches above finished grade and which project no more than 36 inches from the footprint;

2. Uncovered and unenclosed stairways, including railings, which are less than six feet above finished grade and which project no more than 36 inches from the footprint;

3. Eave and/or roof overhang that projects up to three feet from the exterior wall surface or supporting column or post;

4. Trellis, awning, electrical meter, solar system equipment, residential battery energy storage system equipment, or similar feature that projects horizontally up to three feet from the exterior wall surface or supporting column or post, so long as construction satisfies Building Code requirements.”
SECTION 10 – 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 11 – CODIFICATION
The City Clerk is directed to codify this ordinance in a manner which reflects the legislative intent of the City Council
SECTION 12 – POSTING, EFFECTIVE DATE, AND SUBMISSION
This Ordinance shall be posted at City Hall after its second reading by the City Council for at Attachment B Agenda Report Page 62
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]
Attachment B Agenda Report Page 63
ORDINANCE NO. 782 N.S.

AN ORDINANCE AMENDING CHAPTER 17 AND CHAPTER 19 OF THE PIEDMONT

CITY CODE TO REGULATE SUBDIVISIONS AND HOUSING DEVELOPMENTS PURSUANT TO SB 9 AND SB 1123, AND ADDITIONAL AMENDMENTS RELATED TO

THE SOLAR RIGHTS ACT
The City Council of the City of Piedmont hereby ordains as follows:

SECTION 1 – BACKGROUND AND INTENT
Existing Piedmont City Code provisions in Chapter 17 regulate setbacks for wall protrusions and regulate SB 9 urban lot splits and subdivisions within the City. It is the intent of the City Council of the City of Piedmont to modify existing provisions of Chapter 17 of the City Code to clarify the allowance of wall protrusions related to solar and residential battery energy storage systems within required zoning setbacks and lot coverage limits.

Further, it is the intent of the City Council to clarify provisions for parking spaces, waivers of City standards for SB 9 urban lot splits and two-unit housing developments, and applicability of subdivision ordinance requirements in accordance with Government Code Sections 66411.7 and 65852.21.

It is the intent of the City Council to clarify regulations for accessory dwelling units in singlefamily zones and applicability of subdivision ordinance requirements, in accordance with SB 684 (2023) / SB 1123 (2024), codified at Government Code Sections 65852.28 and 66499.41.

SECTION 2 – CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The potential environmental impacts of the proposed amendments to the Piedmont City Code Chapter 17 and Chapter 19 are consistent with the 2023-2031 Housing Element Implementation EIR, because the 2023-2031 Housing Element Implementation EIR analyzed the impacts of increasing housing production and implementing the Housing Element programs, including program 1.J SB 9 Facilitation Amendments. Proposed amendments to the Piedmont City Code Chapter 17 and Chapter 19 are exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of these provisions would have a significant adverse effect on the environment (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs.

Sections 15061(b)(3)). In addition, the amendments to clarify City Code text are not a project as they modify organizational or administrative activities that will not result in a direct or indirect physical changes to the environment (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs. Sections 15061(b)(3)).

SECTION 3 – AMENDING SECTION 17.38.060
Division 17.38 Accessory Dwelling Units, Section 17.38.060, Zoning regulations; Accessory Redline Edits
Attachment C Agenda Report Page 64
dwelling unit development standards; Junior accessory dwelling unit development standards; Projects subject to state mandated approval, of the Piedmont City Code is hereby amended in its entirety to read as follows:
“17.38.060 Zoning regulations; Accessory dwelling unit development standards; Junior accessory dwelling unit development standards; Projects subject to state mandated approval.

A.Zoning regulations. A proposed accessory dwelling unit must comply with the zoning regulations for the district in which it is located, subject to the requirements or exclusions in this section. (See divisions 17.20 through 17.28.)
B. Accessory dwelling unit development standards. An accessory dwelling unit shall comply with all of the following development standards, except the Director may grant an exception to the unit maximum size restriction under section 17.38.070.

1. Size. An attached accessory dwelling unit may not exceed 50% of the existing living area up to a maximum of 850 square feet, or 1,000 square feet if the accessory dwelling unit will include more than one bedroom, except where a restriction to 50% of existing living area would result in a maximum size of less than 800 square feet, an attached accessory dwelling unit of no more than 800 square feet shall be permitted, subject to the zoning regulations and development standards in this section. A detached accessory dwelling unit may not exceed 850 square feet, or 1,000 square feet if the accessory dwelling unit will include more than one bedroom. The minimum floor area for an accessory dwelling unit shall be 150 square feet. The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.

2. Access. The accessory dwelling unit must have independent, exterior access.

3. Subdivision. No subdivision of land is authorized that would result in an accessory dwelling unit being located on a separate parcel, unless each parcel meets all of the zoning requirements for the zoning district in which it is located.

4. Building Height. A detached accessory dwelling unit shall not exceed a building height of 18 feet. An additional height of two feet for a detached accessory dwelling unit shall be allowed to accommodate a roof pitch that is aligned with the roof pitch of the primary dwelling unit. An attached accessory dwelling unit shall not exceed a building height of 25 feet or the height limitations for a primary dwelling unit of the underlying zoning district, whichever is lower.

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.

6. Limitations on city's approval. Under Government Code section 66314, or any successor statute, the following limitations apply to any city approval:

Attachment C Agenda Report Page 65
a. Parking. When a garage, carport, uncovered parking space 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.
b. Side and Rear Setbacks. No setback is required to construct an accessory dwelling unit within an existing structure that is converted to an accessory dwelling unit or a new structure constructed in the same location and the same dimension as an existing structure. If an accessory dwelling unit is not converted from an existing structure, the minimum setback is four feet from the side and rear lot line. c. Street Yard Setback. Accessory dwelling units of 800 square feet or less can be constructed in the street yard setback only if it is determined by the Director that there is no other configuration on the property that would allow for the construction of an 800 square foot accessory dwelling unit outside the four feet side and rear setbacks and in compliance with all other standards in this section, including height limits.
d. Fire sprinklers. Accessory dwelling units shall not be required to have fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in any other existing dwelling. Fire sprinklers shall be considered “required for the primary dwelling unit” in any of the following circumstances:
i. When fire sprinklers are currently installed in the primary dwelling unit; or ii. When fire sprinklers will be installed in a new primary dwelling unit constructed concurrently with an accessory dwelling unit. e. Passageway. No passageway will be required.
f. Minimum lot area or lot size. Notwithstanding anything in divisions 17.20 through 17.28, no minimum lot area or lot size shall be imposed with respect to the approval of permits for an accessory dwelling unit. g. Floor Area Ratio, Lot Coverage, and Landscaping.
i. Lot coverage. An accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no maximum lot coverage. Maximum lot coverage for an accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district. ii. Landscaping. An accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no minimum landscape area. Minimum landscape area for an accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district.

Attachment C Agenda Report Page 66
iii. Floor Area Ratio. An accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no maximum floor area ratio requirement. Maximum floor area ratio for an accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district.
h. Certificate of Occupancy. The building official shall not issue a certificate of occupancy for an accessory dwelling unit before issuance of a certificate of occupancy for the primary dwelling or multi-family dwelling. i. Utility Connections. For an accessory dwelling unit described in section

17.38.060.D.1, the accessory dwelling unit shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and the accessory dwelling unit shall not be subject to a related connection fee or capacity charge, unless the accessory dwelling unit is constructed concurrently with a new single-family dwelling.

7. An ADU or JADU shall not be permitted on a lot created pursuant to Government Code Sections 65852.28 and 66499.41, as they may be amended from time to time.

C. Junior accessory dwelling unit development standards.

1. General provisions. The following provisions shall apply to junior accessory dwelling units:
a. A junior accessory dwelling shall not be constructed unless a single-family dwelling unit exists on a site and such single-family dwelling unit has been constructed lawfully, or the junior accessory dwelling unit is proposed as part of the construction of the single-family dwelling unit. A junior accessory dwelling unit shall be a permitted use in any lot zoned to allow a single-family residential use.
b. No lot shall contain more than one (1) junior accessory dwelling unit. c. A junior accessory dwelling unit shall be constructed within the existing space of the proposed or existing single-family dwelling, however, an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions of the existing space of a single-family dwelling shall be permitted for purposes of accommodating ingress and egress. For purposes of this provision, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.
d. A junior accessory dwelling unit shall not be sold or otherwise conveyed separate from the single-family dwelling unit.
e. A junior accessory dwelling unit shall have an exterior point of access directly Attachment C Agenda Report Page 67
into the junior accessory dwelling unit that is separate and independent from the single-family dwelling unit.
f. A building permit shall be required to construct a junior accessory dwelling unit or to establish a junior accessory dwelling unit within the existing space of a single-family dwelling. Occupancy of a junior accessory dwelling unit shall be prohibited until the junior accessory dwelling unit receives a successful final inspection pursuant to a valid building permit and receives a certificate of occupancy issued on or after the date of the successful final inspection. g. A junior accessory dwelling unit that shares a bathroom with the existing or proposed single-family dwelling unit shall provide an interior entry to the existing or proposed single-family dwelling unit’s “main living area”.

2. Development standards. The following provisions shall apply to junior accessory dwelling units:
a. A junior accessory dwelling unit shall not be considered a separate or a new dwelling unit for purposes of applying building or fire codes. Installation of fire sprinklers in a junior accessory dwelling unit of any type shall be required only if they are required for the primary dwelling unit. Fire sprinklers shall be considered "required for the primary dwelling unit” under the circumstances as specified in section 17.38.060.B.6.d.
b. The minimum floor area for a junior accessory dwelling unit shall be 150 square feet.
c. The maximum floor area for a junior accessory dwelling unit shall not exceed five-hundred square feet. If the sanitation facility is shared with the remainder of the single-family dwelling, it shall not be included in the square footage calculation for the junior accessory dwelling unit.
d. Setbacks for a junior accessory dwelling unit constructed with a new singlefamily dwelling shall be that of the underlying zoning district. No setback shall be required for a junior accessory dwelling unit contained within the existing space of a single-family dwelling or accessory structure. However, as permitted in this section, an expansion to an accessory structure of up to one hundred fifty (150) square feet to accommodate ingress and egress may be constructed only if the following setbacks are maintained:
i. a street yard setback accordance with the applicable zoning district. ii. a minimum side yard setback of four feet.
iii. a minimum rear yard setback of four feet.
e. No parking shall be required for a junior accessory dwelling unit. f. No lot coverage or landscaping requirement shall apply to a junior accessory Attachment C Agenda Report Page 68
dwelling unit.
g. No height restriction shall apply to a junior accessory dwelling unit. h. A junior accessory dwelling unit shall not be required to install a new or separate utility connection directly between the junior accessory dwelling unit and the utility.
i. A junior accessory dwelling unit may be constructed on a site that does not meet the minimum lot or parcel size requirements or minimum dimensional requirements of the underlying zoning district, provided that it is constructed in compliance with all building standards and other standards of this division. 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. This 150-square-foot of expansion can include removal of an uncovered parking space.
k. An ADU or JADU shall not be permitted on a lot created pursuant to Government Code Sections 65852.28 and 66499.41, as they may be amended from time to time.

3. Use Restrictions. The following restrictions shall apply to junior accessory dwelling units:
a. The City shall record a deed restriction with the County Recorder Office. The deed restriction shall prohibit the sale or other conveyance of the junior accessory dwelling unit separate from the single-family dwelling; specify that the deed restriction runs with the land and is therefore enforceable against future property owners; and restrict the size and features of the junior accessory dwelling unit in accordance with this section.
b. The site's owner may at any time offer for rent either the single-family dwelling unit or the junior accessory dwelling unit. The site's owner shall be required to reside in the single-family dwelling unit as it’s their primary residence at any time while the junior accessory dwelling unit is occupied by a tenant. c. A site's owner shall not allow occupancy of a junior accessory dwelling unit by a tenant for any reason, with or without payment of rent, unless the site owner maintains occupancy of the primary dwelling unit as it’s their primary residence. d. Owner-occupancy shall not be required if the owner is a government agency, land trust, or housing organization.
e. A junior accessory dwelling unit may be rented but shall not be used for rentals of a term less than thirty (30) consecutive days.

Attachment C Agenda Report Page 69
D. Projects subject to state mandated approval. Notwithstanding anything in this code to the contrary, the Director and Building Official shall ministerially approve permits required to create any of the following within a residential or mixed-use zone:

1. One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The accessory dwelling unit has exterior access that is separate from the exterior entrance proposed or existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22.

2. One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling, subject to the following requirements:
a. A total floor area limitation of not more than 800 square feet. b. A height limitation of 18 feet, plus for single family residential zoned lots an additional two feet to accommodate a roof pitch that is aligned with the roof pitch of the existing or proposed main house.

The new construction detached accessory dwelling unit in this subsection may be combined with a junior accessory dwelling unit as described in subparagraph 1 above.

3. Not more than eight (8) detached accessory dwelling units located on a lot that has an existing multi-family dwelling, with the maximum number of allowed accessory dwelling units equal to the number of existing primary multifamily units on the lot, subject to a height limit of 18 feet and four-foot yard setbacks. If the existing multi-family dwelling has a rear or side setback of less than four feet, modification of the existing multifamily dwelling is not required as a condition of constructing the accessory dwelling unit.

4. Conversion of portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, into new accessory dwelling units, provided that each unit shall comply with state building standards for dwellings. The number of new accessory Attachment C Agenda Report Page 70
dwelling units authorized for conversion under this subsection shall not exceed 25 percent of the existing dwelling units in the multi-family dwelling structure or one new accessory dwelling unit, whichever is greater.”
SECTION 4 – AMENDING SECTION 19.2.52
Division 19.11, Definitions, Section 19.2.52, Subdivision, of the Piedmont City Code is hereby amended in its entirety to read as follows:
“19.2.52 Subdivision. “Subdivision” means the division of land for the purpose of sale, lease or financing, whether immediate or future. The land may be improved or unimproved and is that land shown on the latest equalized county assessment roll as a unit or as contiguous units. Property is considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes, but is not limited to, condominium projects, community apartment projects, and stock cooperatives, urban lot splits as provided in Piedmont City Code division

17.54, and subdivisions pursuant to Government Code sections 65852.28 and 66499.41.”
SECTION 5 – AMENDING SECTION 17.54.050
Division 17.54, Urban Lot Splits and Two-Unit Developments (SB 9), Section 17.54.050, Urban Lot Split Standards, of the Piedmont City Code is hereby amended in its entirety to read as follows:
“17.54.050 Urban Lot Split Standards
The Director may not approve an application for an urban lot split permit unless the project conforms to all of the standards listed below. A waiver may be granted for an exception to the standards as described under section 17.54.080.

A. Size Requirements

1. The parcel subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

2. The newly created parcels are no smaller than 1,200 square feet.

B. Location Requirements

1. The parcel is not located in an area identified in subparagraphs (B) to (K) of paragraph (6) of subdivision (a) of Section 65913.4 of the Government Code. a. The parcel is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Attachment C Agenda Report Page 71
Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
b. The parcel is not located on a hazardous waste site, as defined by Government Code Section 65913.4(a)(6)(H).
c. The parcel is not located within a special flood hazard area subject to inundation by the one percent annual chance flood (one hundred (100)- year flood) as defined by Government Code Section 65913.4(a)(6)(G).
d. The property is not located within a regulatory floodway, as defined by Government Code Section 65913.4(a)(6)(H).

2. The proposed urban lot split would not require demolition or alteration of the housing types listed in Government Code section 66411.7(a)(3)(D)(i)-(iv). nor the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 of the California Government Code (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
d. Housing that has been occupied by a tenant in the last three years.

3. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

4. The parcel has not been established through prior exercise of an urban lot split as provided for in this division.

5. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this division.

C. Lot Configuration
Attachment C Agenda Report Page 72

1. Access to Public Right-of-Way. The new parcel shall have vehicular access to the public right-of-way, either through direct lot frontage or an easement through the existing parcel.

2. Existing Dwelling Unit. If an urban lot split is proposed for a property with an existing dwelling unit, the split must result in the existing dwelling unit being completely located on one parcel. There shall be no existing or proposed structure in the setback along the new lot line for the lot on which the existing house remains. The lot on which the existing primary residence remains shall comply with the underlying zoning regulations such that no nonconformity is introduced and no existing nonconformity is increased by the subdivision.

3. Lot Frontage. The lot shall have a minimum frontage of 60 feet, unless the frontage requirement precludes the development of two lots containing an 800 square foot primary structure. A new lot may be accessed via an easement across a pre-existing lot that contains street frontage.

4. Flag Lots. Flag lots are not permitted under an urban lot split permit. If a new parcel is created without direct access to the public right-of-way, an easement shall be provided through the original lot. The easement shall meet the following requirements:
a. The easement shall have a minimum width of 12 feet.
b. The easement shall provide access for utilities to be connected to the public rightof-way.

5. The side line of all lots shall be at right angles to the street which the lot faces, or approximately radial to the center of the curvature, if the street is curved. Side lines of lots shall be approximately radial to the center of the curvature of a cul-de-sac on which the lot faces.

6. For a newly created lot that is located in both Piedmont and Oakland, the applicant shall obtain all the required permits in both jurisdictions.

7. Lots of an unusual shape, as defined in section 17.54.030, are not permitted.

8. Access to the new lot shall meet the driveway width and slope standards outlined in Chapter 3.07 of the Piedmont Design Standards and Guidelines.

D. Utilities

1. The new parcel shall have separate utilities, including but not limited to electric, gas, water, and sewer. The new parcel shall adhere to the standards outlined in the Piedmont Public Works Standards.

2. Utility easements shall be recorded prior to final map recordation.” Attachment C Agenda Report Page 73
SECTION 6 – AMENDING DIVISION 17.54.060
Division 17.54, Urban Lot Splits and Two-Unit Developments (SB 9), Section 17.54.060, TwoUnit Housing Development Standards, of the Piedmont City Code is hereby amended in its entirety to read as follows:
“17.54.060 Two-Unit Housing Development Standards
The Director may not approve an application for a two-unit housing development permit unless the project conforms to all of the standards listed below. A waiver may be granted for an exception to the standards as described under section 17.54.080.

A. Size.
a. The SB 9 unit is no more than 800 square feet in size. b. For an SB 9 unit that exceeds the 800 square foot size limit, the SB 9 unit shall meet the floor area ratio criteria for the underlying zoning district, unless the development falls under section E below.

B. Height. The maximum height of a new SB 9 unit shall meet the requirements of the underlying zoning district.

C. Setbacks.
a. The side and rear setback is four feet for an SB 9 unit in any zone. b. The street-side setback, including for corner lots, is 20 feet. c. For the development of a new SB 9 unit within an existing structure that does not meet the four-foot setback requirement, the new unit is allowed to keep the nonconforming condition so long as the nonconformity is not increased within the setback area. The converted structure must be in the same footprint and dimensions as the existing non-conforming structure.

D. Parking. New SB 9 units are required to have at least one parking space that meets the size requirements parking regulations in Section 17.30.040 and Section 17.30.050 of the Piedmont City Code. If the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code, then parking is not required for the new SB 9 unit E. Lot Coverage.
a. When a two-unit housing development is proposed on a new lot created pursuant to the urban lot split provisions specified in this division, the new SB 9 unit(s) shall conform to the structure coverage, landscape coverage, and floor area ratio of the underlying zoning district.

Attachment C Agenda Report Page 74
b. When a new SB 9 unit is constructed on a lot with an existing dwelling unit, the floor area ratio may exceed the code required maximums so long as structure and landscape coverage conform to the requirements of the underlying zoning district.

F. Path of Travel. The path of travel to the new SB 9 unit shall be clearly marked by providing an address marker visible from the street and at the main entry door to the new unit. If needed, path lights shall also be installed. The path of travel shall have a minimum width of 3 feet.”
SECTION 7 – AMENDING SECTION 17.54.080
Division 17.54, Urban Lot Splits and Two-Unit Developments (SB 9), Section 17.54.080, Waivers from Standards, of the Piedmont City Code is hereby amended in its entirety to read as follows.
“17.54.080 Waivers from Standards
A. An applicant may request a waiver from the development standards provided in this division if the following criteria are met:

1. Application. The applicant requests an exception as a part of the application materials.

2. Approval Authority. The exception request shall be submitted to the Director for review.

The Director shall determine if the exception meets the standards for approval.

3. Standards for Approval. An exception from a development standard shall be granted if the standard would have the effect of physically precluding: (1) an urban lot split of a vacant parcel where the resulting minimum lot size is at least 1,200 square feet or more for both parcels; (2) an urban lot split of a parcel with existing development, where the resulting lot size is 1,200 square feet or more for both parcels, and the urban lot split does not increase any nonconformity with underlying zoning regulations for the parcel with existing development; or (2) (3) the construction of up to two units that are 800 square feet in floor area or less, each.

Waivers from objective zoning standards shall not be granted if the floor area and/or structure coverage of each new housing development would exceed 800 square feet. The city shall determine the extent of relief necessary to allow two 800 square foot units.

Waivers from zoning standards for accessory structures, such as decks and garages, shall be only for the minimum size structure required to serve each housing unit according to state law and Chapter 8 Building Code standards. A waiver cannot be approved for an application that proposes new construction within the four-foot side and rear setbacks.”
SECTION 8 – ADDITION OF SECTION 17.54.090
Division 17.54, Urban Lot Splits and Two-Unit Developments (SB 9), is hereby amended to add Section 17.54.090, Recording, to read as follows:

Attachment C Agenda Report Page 75
“17.54.090 Recording.

If a parcel is developed with a housing unit and/or a lot split pursuant to Government Code sections 65852.21 and 66411.7, then the applicant shall record a document indicating the exercise of Government Code sections 65852.21 and/or 66411.7 in a form approved by the city. The document shall be recorded by the applicant prior to final inspection or final map approval.”
SECTION 9 – AMENDING SECTION 17.90.020
Chapter 17, Planning and Land Use, Division 17.90, Definitions; Measurements, Section

17.90.020, Measurements, is amended to update the definition of Footprint, as follows. “Footprint means the total land area covered by all accessory and primary structures on a lot, measured from outside the exterior walls and supporting columns or posts, except that the following are not included in determining footprint:

1. The portions of any uncovered and unenclosed decks, porches, landings, or patios, not including railings, which are less than 30 inches above finished grade and which project no more than 36 inches from the footprint;

2. Uncovered and unenclosed stairways, including railings, which are less than six feet above finished grade and which project no more than 36 inches from the footprint;

3. Eave and/or roof overhang that projects up to three feet from the exterior wall surface or supporting column or post;

4. Trellis, awning, electrical meter, solar system equipment, residential battery energy storage system equipment, or similar feature that projects horizontally up to three feet from the exterior wall surface or supporting column or post, so long as construction satisfies Building Code requirements.”
SECTION 10 – 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 11 – CODIFICATION
The City Clerk is directed to codify this ordinance in a manner which reflects the legislative intent of the City Council
Attachment C Agenda Report Page 76
SECTION 12 – 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.

Attachment C Agenda Report Page 77