Attachment A
RESOLUTION No.
A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PIEDMONT
APPROVING AN ADDENDUM TO THE 2023-2031 HOUSING ELEMENT
IMPLEMENTATION EIR AND APPROVING THE MORAGA CANYON SPECIFIC PLAN 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, the 6" Cycle Housing Element must be adopted to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multi family housing (Gov. Code Sections 65583.2 and 65583(c)); and
WHEREAS, the preparation, adoption, and implementation of the 6th Cycle Housing Element includes a diligent ongoing effort to include all economic segments of the community; and WHEREAS, to comply with State housing element law, the City Council of the City of Piedmont has prepared and adopted, on March 20, 2023, the 2023-2031 6*h Cycle Housing Element (the 6t Cycle Housing Element); and
WHEREAS, Piedmont's 6t Cycle Housing Element includes Program 1.L, which calls for the drafting of a specific plan, as provided in Government Code §65450 et seq., for a study area consisting of 18.25 acres of City-owned land and the Moraga Avenue roadway near the northern boundary of the City. The intent is to facilitate the development of below-market-rate housing to help meet the demand for affordable housing in the City. In order for the City to meet its RHNA requirements, the Specific Plan needs to accommodate at least 132 housing units at all income levels. Housing Element Program 1.L sets forth several goals for the specific plan as follows:
• To enable construction of housing at a minimum of 132 units, on portions of the site, totaling approximately 3.5 acres of land, yielding a minimum of 60 units of housing affordable to households earning less than 80 percent of the area median income (AMI) and a minimum of 72 units affordable to households earning more than 80 percent of the AMI;
• Improved safety. New habitable structures shall be built to meet fire code requirements for Wildland Urban Intertace Areas;
• Replacement and/or modernization of existing Public Works Department facilities, offices, storage areas, vehicle storage areas, etc.., so that service capacity is maintained or increased, and so that the facilities meet current building and fire code requirements. • The inclusion of recreation facilities, including but not limited to an under14 soccer field, youth baseball/softball field, batting cages, artificial field turf, ballfield seating, a skate spot, a picnic area, and parking for these facilities; and • The provision of all public utilities to new housing and all City facilities to be constructed within the specific plan area in a manner consistent with public safety standards and Piedmont Climate Action Plan goals and programs;
• The inclusion of improvements to pedestrian and vehicular circulation, as determined necessary by the City Engineer, to provide safe pedestrian, bicycle, and motor vehicle movements, ensure safe evacuation routes, and provide optimal emergency response; and • The inclusion of a comprehensive landscape plan for areas planned for development. The landscape plan shall prioritize to the extent practicable: fire safety and the preservation of significant open space, scenic views, and native and heritage trees; and WHEREAS, beginning in August 2023, the City has conducted extensive community outreach in support of the preparation of a Draft Moraga Canyon Specific Plan including neighborhood and stakeholder engagement; an online survey; a November 30, 2023, community workshop; study sessions held by the Planning Commission, Park Commission and Recreation Commission in 2023, 2024, and 2025; and a second online survey regarding the four plan options presented at the community workshop that was available in December 2023 and January 2024; and WHEREAS, the City Council held study sessions on January 22 and March 1, 2024, to receive information from staff and JZMK Partners on the results of the community engagement and discussions by the various commissions, and four preliminary site plan options; and WHEREAS, at its regular meeting of March 18, 2024, the City Council received a report from staff and a presentation from JZMK, at the conclusion of which the Council reached consensus on providing the following direction for the preparation of a Draft Moraga Specific Plan:
• Exclude site plan options 2 and 4 as presented to the City Council on March 1, 2024; • Include site plan options 1 and 3 to provide flexibility to potential developers to choose a plan that optimizes the development of housing and community benefits, including improvements to the Moraga Avenue roadway;
• Explore increasing the number of market-rate units, originally at 72, to up to 139 in order to better fund community amenities;
• Eliminate a skating facility as a goal of the plan, and instead seek the development of other community facilities, such as a dog park, a playground, or a pickleball court; and • Include the community benefits of an under-14 soccer field, youth baseball/softball field, batting cages, artificial field turf, and ballfield seating.
WHEREAS, Planning Commission held three study sessions in 2024 that introduced preliminary drafts of several chapters of the Draft Moraga Canyon Specific Plan to facilitate discussions to inform the draft content of the Specific Plan and received written reports and presentations from staff and JZMK Partners, as follows:
• On August 12'h the Planning Commission received a report introducing the type of content in each chapter and more in-depth information to facilitate a discussion of the architectural design approaches and draft design standards for new multifamily housing construction in the MCSP study area (chapter 7), as well as information on the City Council study sessions, the community workshop held on November 30th, and a summary of public comments received during the City Council study sessions and afterwards; • On September 23"d the Planning Commission received a report to facilitate a discussion of the development requirements for new multifamily housing, City facilities and infrastructure in the MCSP study area, contained in draft chapters covering general development regulations (chapter 3), circulation (chapter 4), site design (chapter 5), and building design (chapter 6); and
• On October 14* the Planning Commission received a report to facilitate a discussion regarding the landscape design requirements for new multifamily housing, as well as requirements for public services, utilities, and infrastructure in the MCP study area, contained in draft chapters cover landscaping standards (chapter 8) and public services, infrastructure, and utilities (chapter 9); and
WHEREAS, on April 18, 2025, the City of Piedmont made available a Draft Moraga Canyon Specific Plan for public review and comment; and
WHEREAS, on April 28 and 30, 2025, the City Council held study sessions to receive copies of the Draft Moraga Canyon Specific Plan and a presentation from City staff and JZMK Partners on the content of the Specific Plan to facilitate an understanding of the content through a series of questions and responses and took public comment; and
WHEREAS, as provided in Government Code Sections 65352 - 65352.5, the City of Piedmont referred the Specific Plan to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed, and consulted with Native American Tribes that requested consultation, resulting in new policies in Chapter 10 of the Moraga Canyon Specific Plan; and
WHEREAS, on June 4, 2025, the Piedmont Park Commission held a duly noticed public meeting at which time it reviewed the Draft Moraga Canyon Specific Plan, the staff report and all attachments, a presentation on the Specific Plan by JZMK Partners, and oral and written public comments, and recommended to the Piedmont City Council that the Council adopt provisions in the Draft Moraga Canyon Specific Plan related to landscaping on City-owned land and within the public right-of-way in that they address the landscaping goals of Housing Element Program 1.L; and
WHEREAS, on June 18, 2025, the Piedmont Recreation Commission held a duly noticed public meeting at which time it reviewed the Draft Moraga Canyon Specific Plan, the staff report and all attachments, a presentation on the Specific Plan by JZMK Partners, and oral and written public comments, and recommended to the Piedmont City Council that the Council adopt provisions in the Draft Moraga Canyon Specific Plan related to facilities and public property under the control of the City for the purpose of public recreation; and
WHEREAS, on September 8, 2025, the Piedmont Planning Commission held a duly noticed public hearing at which time it reviewed the Draft Moraga Canyon Specific Plan, the staff report and all attachments, a presentation on the Specific Plan by JZMK Partners, and oral and written public comments, and recommended to the Piedmont City Council that the Council approve the Moraga Canyon Specific Plan with seven (7) changes to the text and images and approve the Addendum to the 2023-2031 Housing Element Implementation EIR, as described in the Planning Commission statt report; and
WHEREAS, an Addendum to the 2023-2031 Housing Element Environmental Impact Report (EIR), State Clearinghouse No. 2022020362, has been prepared by the City's team of staff and consultants pursuant to the California Environmental Quality Act (CEQA) which studied and disclosed the potential environmental impacts from changes to the project associated with development and operation pursuant to the proposed MCSP and concluded that there would be no new impacts nor increased impacts beyond those studied in the EIR, and the Planning Commission recommended to the City Council that the Council approve the Addendum on September 8, 2025; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Piedmont does hereby resolve, declare, determine, and order, based on substantial evidence in the record, as follows:
SECTION 1. Findings.
A. That the above recitations are true and correct.
B. That an addendum has been prepared pursuant to the California Environmental Quality Act (CEQA) which studied the potential environmental impacts of changes to the project, and determined that the potential environmental impacts of development and operation pursuant to the MCSP would be no greater than, nor introduce new impacts not studied and disclosed in, the 2023-2031 Housing Element Implementation EIR and that only minor changes or additions are required. Overall, the proposed MCSP and amendments to Chapter 17 of the City Code to implement the MCSP would not result in new impacts or information of substantial importance that would generate new, more severe impacts or require new mitigation measures compared to those identified for the MCSP, as analyzed in the Housing Element EIR. As such, the proposed MCSP and action to amend the City Code to implement the MCSP would not result in conditions identified in CEQA Guidelines Section 15162, and a Subsequent or Supplemental EIR is not required for the proposed MCSP. Development and operation pursuant to the proposed MCSP would be subject to all previously required mitigation measures from the Housing Element EIR, as applicable. The Mitigation Monitoring and Reporting Program (MMRP) adopted for the Housing Element Implementation Project would continue to be applicable to the proposed MCSP. In addition, the MCSP would not introduce new or substantially more severe cumulatively considerable impacts beyond those analyzed in the Housing Element EIR.
Therefore, no new or substantially more severe cumulative impacts would occur as a result of the MCSP.
C. That the Draft Moraga Canyon Specific Plan addresses the goals of Program 1.L of the City of Piedmont's 6" Cycle Housing Element, in that the Specific Plan plans for and/or envisions the development of: residential housing for at least an anticipated 132 households, public infrastructure and utilities to support the development, an enhanced Public Works Department corporation yard, a multi-sport field with natural or synthetic turf the size of a U14 soccer field with baseball/softball field overlay with spectator bleachers, restrooms, and batting cages; other community facilities, such as a dog park, playground or picnic area; and roadway improvements.
D. The City Council finds that the MCSP complies with the Piedmont General Plan and City Charter and protects public health, safety, and welfare, because the City of Piedmont and the region are burdened by an affordable housing crisis and the MCSP plans for a mixed- income, multifamily neighborhood in close proximity to job centers, transit, and community services, in accordance with Piedmont Housing Element Program 1.L, because the Moraga Canyon Specific Plan is a supporting policy document of General Plan pursuant to City Charter Section 9.01, and because proposed City Code Chapter 17 amendments to implement the Moraga Canyon Specific Plan do not change the boundaries of any zoning district nor change any property from one zoning district to another.
SECTION 2. Approval of Addendum.
The City Council hereby approves the Addendum to the 2023-2031 Housing Element Implementation Environmental Impact Report
SECTION 3. The City Council hereby approves the Draft Moraga Canyon Specific Plan with the revisions described below, as the revised MCSP chapters, programs, and actions address the goals Housing Element Program 1.L and the City Council's March 18, 2024, direction to staff.
1. Sight Stopping Distance and Signage. The text and graphics of pages 35 and 46, including Figure 4.8, are revised as follows (changes shown in bold and underlined text):
a. Page 35, change the second to last sentence in the first paragraph of Section 4.9 to read "Figure 4.8 is an example of the flashing beacons placed prior to the intersection to warn motorists of upcoming signal and pedestrian crossings." In addition, replace the existing image with the one shown in Exhibit 1 and change the caption to read "Signal Ahead Signage with Flashing Beacon Imagery." b. Page 35, change MCSP Section 4.9 to include a requirement for stopping sight distance analysis at the time of development agreement to determine appropriate locations for traffic signal, signage, and beacons, to read as follows "Stopping sight distance analysis shall be conducted for the design and engineering of the intersection to include but not limited to appropriate design and location (s) of signal, roadway signage, and beacons. See Chapter 10, Section 10.5.6.2, Development Agreement."
c. Page 46, change the last sentence of the third paragraph of Section 4.17 to read "According to the HDM (Table 201.1), the minimum required SSD for vehicles for a design speed of 40 mph (rounding up the measured 85th percentile speed of 38- 39 mph) is 300 feet. HDM Section 201.3 requires increasing the SSD by 20 percent for roadway segments with sustained downhill slope of 5 percent or more over one mile long. Thus, the SSD for the downhill (westbound) Moraga Avenue is 360 feet, compared to 300 feet for the uphill (eastbound) direction.
Stopping sight distance analysis shall be conducted for the design and engineering of each proposed driveway. See Chapter 10, Section 10.5.6.4.A, Initial Design Review."
2. Transit Stops. Section 4.12 is revised as shown below in bold and underlined text. "The following actions should be pursued to improve bus service during development of the MCSP area:
1. Coordinate with AC Transit to introduce bus service along the Moraga Avenue corridor.
2. Provide bus stops in both directions of Moraga Avenue near the proposed signal at Red Rock Road to better accommodate bus riders needing to cross the street.
Carefully consider the space requirements and safety of alternative locations for bus stops, including interim bus stops, to be located ½ mile or less walking distance from the entrance or entrances of all housing units affordable to lower income residents.
3. Provide amenities, such as a shelter with bench and trash receptacle at the bus stops."
3. Common Useable Open Space. The total amount of land dedicated to common useable open space in MCSP Chapter 5, Section 5.7.1, is revised from 15 percent to 10 percent.
4. Private Useable Open Space. Private useable open space area is reduced to 40 square feet for both ground floor units and units located on upper floor levels. In additiondevelopment may satisfy the private useable open space standard by transferring the same area to the development's common useable open space (in addition to the required 10 percent of the lot standard).
5. Implementation. The text of Chapter 10, Section 10.5.6.2, Development Agreement, is revised as follows:
a. Section 10.5.6.2.A, Application Requirements, the list of application requirements is amended to include the addition of a new item 11. as follows: "11. Stopping Sight Distance Analysis for the design and engineering of the traffic signal and pedestrian crossing at the intersection of Moraga Avenue and Red Rock Road, showing design and location(s) of signal, traffic signage, and beacons and including analysis of current traffic speeds."
b. Section 10.5.6.2.B is amended as follows (changed text is shown in bold and underlined font): "Fire protection for new development meeting Environmental Hazards Element policy 19.9 and Fire Code requirements, including but not limited to fire sprinkler plan, evacuation improvements, fire access roads and points of access off of Moraga Avenue, turnarounds, and one or more new fire hydrants to serve the development, as well as required water pressure and flow." c. Section 10.5.6.4, Design Review, subsection A, is amended as follows (changed text is shown in bold and underlined font): "An Initial Design Review Permit shall be administered pursuant to Division 17.66 of the Piedmont City Code, except as set forth below. An Initial Design Review Permit application shall include the following: conceptual site plan, access and circulation plan, including design and engineering of each driveway, including but not limited to current traffic speeds and stopping sight distance analysis, trontage improvements, landscape blan, building massing, and architectural style..'
6. Sound Study. Chapter 10, Section 10.5.7, Environmental Measures, is amended to incorporate the following new measure to manage potential noise resulting from MCSP development and operations (new text shown in bold and underlined font):
"10.5.7.8 SOUND STUDY
To ensure consistency with Chapter 8 of the Piedmont City Code, if new or relocated recreational uses that produce amplified or equipment-related noise are proposed within 500 feet of residences, a noise study shall be conducted to determine the noise levels from the proposed recreational use to residences within 500 feet. If noise levels are found to exceed the standards within Chapter 8 of the Piedmont City Code, or other noise limit if appropriate and supported by the findings of the noise study, noise reduction measures shall be implemented such that noise levels would be below the applicable standard. The noise study shall be provided to the City as part of the Initial Design Review Permit process.
If the City's Corporation Yard is relocated to within 500 feet of residences, a noise study shall be conducted to determine the noise levels from Corporation Yard to residences within 500 feet. If noise levels are found to exceed the standards within Chapter 8 of the Piedmont City Code, or other noise limit if appropriate and supported by the findings of the noise study, noise reduction measures shall be implemented such that noise levels would be below the applicable standard. The noise study shall be provided to the City as part of the Initial Design Review Permit process."
7. Change to Number of Residential Units
Section 3.11 is amended as follows: "The Multifamily Residential development is anticipated to provide at least 130 up to 197 market rate and affordable units. There shall be a minimum of 60 affordable units or 40 percent, whichever is greater, provided within the Specific Plan area: These units shall be affordable to Lower Income earners (80 percent of the Area Median Income or lower), including households with extremely low incomes, and-are envisioned as a separate building from the market rate residential units with an integrated design or may be provided within the market-rate building(s)."
b. Section 3.12.2(A) is amended as follows: "Uses within the Multifamily Residential Specific Plan Designation shall consist of the following:
a. At least an anticipated 130 197 total dwelling units, not to exceed 60 DU/AC in the defined land use area, with a minimum of 60 units identified as affordable units." c. Section 10.3(4) is amended as follows: "The following is a list of development items/goals applicable to either design option within the MCSP area:...
Development of at least 130-197 multifamily residential units, a minimum 60 of which are to be affordable."
d. Section 10.4.4.6(A)(8) is amended as follows: "Examples of grants, grant sources, and financing opportunities are: ...
Measure A-1..."
e. Section 10.5.6.2(B)(3) is amended as follows: "The DA shall include the following terms and conditions, unless waived by the City Council:...
3. The provision of affordable housing, with a minimum of 60 units affordable t households earning low and very low incomes, including a minimum of 4 units affordable to those with very low and extremely low incomes. as well as-In addition, the provision of housing units affordable to households earning moderate incomes, or less, as a minimum of 10% of other any proposed market-rate units, and housing units in the development, and the provision of shall include a minimum of 50% of units with two bedrooms or more to serve families."
8. Development Standards and Procedures Changes
a. The proposed "3 inches to 12 inches" window recess standard in MCSP Chapter 7 section 7.4.3 is deleted and replaced with a 2-inch minimum window recess standard in Chapter 7 sections 7.4.3 (Mediterranean), 7.5.3 (Canyon Contemporary), and 7.6.3 (Suburban Traditional). b. Table 6.2 of section 6.5, Stepbacks, is amended as follows:
STEPBACKS
Height above which requires stepback (B) Above 4 stories of residential units and no stepback or additional setback i
required at the 3rd or 4th stories no
between 35 and 48 feet above grade,
Required depth (min)' (A) 10 feet
Minimum façade to be stepped back 50%
Table 6.2: Stepbacks Table
1. Measured from the minimum 4-foot
setback line
9. Bicycle Network Requirements. Section 4.11 (MCSP page 37) is amended as follows:
"1.Eastbound (uphill): Moraga Avenue shall provide a buffered Class II bicycle ine, with an option to upgrade to a Class IV protected bicycle lane, on th outside of the rd the entire corridor in the MCP are
etween Pala Avenue and Maxwelton Road. Eastbound Moraga Avenue will emain a Class III bike lane route west of Pala Avenue, and a Class II bik lane east of Maxwelton Road."
10. Surplus Lands Act. Section 10.5.4 (MCSP page 120) is amended as follows:
"Section 10.5.4 - In alignment with the California Surplus Land Act, the disposition of land in the MICS area must follow a process that prioritizes the use of public lands for affordable housing, parks, and other community benefits. Unless the City deems certain property in the MCSP area to be exempt surplus, the City will take the following steps to implement the Surplus Land Act:
1. Identify and designate certain public land as surplus.
2. Issue a Notice of Availability to eligible entities, such as affordable housing developers and local housing authorities.
3. Allow time for interested entities to submit proposals.
4. If qualifying proposals are not received, consider alternative development uses in alignment with MCSP area goals.
Any sale and future development of City-owned property north of Moraga Avenue, except parcel 050-4579-061, must comply with Health and Safety Code, Section 8580." SECTION 4. 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]
Exhibit 1 to Attachment A
Figure 4.8