2. Consideration by City Council. When the principal terms for a proposed agreement have been prepared and approved by city staff, staff will schedule the matter for hearing before the City Council. The City Council will consider the proposed agreement as part of an ordinance, required by City Charter Section 2.11(6). The City Council may defer its final decision regarding the agreement until after the wireless communication facility permit is approved.
3. Limited nature of consent. The city’s consent as property owner to process a wireless communication facility permit is not be deemed city consent to lease or license the property.
C. No wireless communication facilities on residential property. Wireless communication facilities shall not be installed on property which is used for residential purposes, irrespective of the zoning district in which such residential property is located.
17.46.050 Permit; Application.
A. Permit. A wireless communication facility permit is specifically for wireless communication facilities and is required for each facility. If the wireless communication facility permit is approved, the owner or operator must also obtain a building permit before beginning construction.
B. Application.
1. All applications. An application for a wireless communication facility permit must include:
a. a complete application to the City with all relevant fields completed and all required documents attached;
b. evidence of a significant gap in coverage or capacity or introduction of new services or other service capability improvements, which the application seeks to address if the applicant’s facility will be located on a less preferred structure or in a less preferred zone; and
c. applicable fees and/or deposits, including a deposit for independent technical review under section 17.46.060 below.
d. all applicable documents outlined in the submittal checklist in section
8.03.04 of the Piedmont Design Standards and Guidelines titled Submittal Checklist.
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2. Application for location on city property. An applicant for a wireless communication facility proposed to be located on city property or in a public right-ofway must submit a Letter of Authorization signed by the City of Piedmont City Council and all documents listed in Chapter 8 of the Piedmont Design Standards and Guidelines.
17.46.060 Independent Technical Review.
The Director is authorized in his or her discretion to retain an independent technical consultant to review materials submitted by the applicant and to provide an analysis of issues including but not limited to: whether the wireless communication facility meets the applicable radio frequency emission regulations; whether a significant gap in coverage or capacity exists and whether the proposed facilities are the least intrusive means of doing so; whether there are alternative sites and the feasibility of those sites; whether there are ways to mitigate aesthetic impacts; and any other specific technical issues designated by the Director. The applicant must pay the consultant's costs, and must increase the deposit to cover the anticipated amount as the Director may deem necessary from time-to-time.
17.46.070 Standards.
A. Development Standards. The following development standards apply.
1. Collocation. New wireless communication facilities must be collocated with existing facilities and with other planned new facilities whenever feasible. A new wireless tower must be designed and constructed to accommodate future collocation(s) unless the city determines that collocation would be infeasible because of physical or design issues specific to the site.
2. Height limits. Wireless Facilities must follow height limits of the zoning district they are proposed to be installed in, height limits of the City of Piedmont Public Works Standard Details, height limits set by the FCC, and/or height limits outlined in GO95 regulations. Ground mounted wireless communication equipment, base station, antenna, pole, or tower must be the minimum functional height, unless as required by federal or state law. Roof mounted equipment and antennas must be located to minimize visibility.
3. Visual impact. Wireless communication facilities must be designed to minimize visual impacts. Facilities must be concealed or camouflaged to the greatest extent practicable in accordance with this Division, as determined by the Planning & Building Director. The facilities must have a non-reflective finish and be painted or otherwise treated to minimize visibility and the obstruction of views.
The facilities may not bear signs, other than certification, warning, emergency contacts, or other signage required by law or expressly required by the city.
4. Public health, peace and safety. A wireless communication facility may not adversely affect the public health, peace and safety.
5. Public right-of-way. A wireless communication facility located in the public right-of-way may not cause: (i) physical or visual obstruction, or safety hazard, to ATTACHMENT E Agenda Report Page 229
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pedestrians, cyclists, or motorists; or (ii) inconvenience to the public's use of the right-ofway. Equipment, walls, and landscaping located above grade must comply with the City of Piedmont Public Works Department Standard Details and not interfere with the public’s use of the right-of-way.
6. Compliance with laws. Each wireless communication facility must comply with federal and state statutes governing local agencies’ land use authority regarding the siting of wireless communication facilities, including without limitation 47 USC sections 253, 332(c)(7), 47 USC section 1455 (also known as section 6409 of the 2012 Middle Class Tax Relief and Jobs Act), California Government Code sections 50030, 65850.6 and 65964, and California Public Utilities Code sections 7901 and 7901.1. Each reference to a federal and state statutes is to the statute as it may be as amended from time-to-time and to the extent the statute remains in effect.
B. Operation and Maintenance Standards
1. Contact and site information. The owner or operator of a wireless communication facility must submit basic contact and site information to the city, and notify the city within 30 days of any changes to this information, including the transfer of ownership.
The contact and site information must include: (i) the name, address, email address, telephone number, and legal status of the owner of the facility, including official identification number and FCC certification, and, if different from the owner, the identity and legal status of the person or entity responsible for operating and maintaining the facility; and (ii) the name, address, email address, and telephone number of a local contact person for emergencies.
2. Signage. The owner and/or operator must post an identification sign at each facility, including owner/operator emergency telephone numbers. The design, materials, colors, and location of the identification signs shall be subject to review and approval by the Director. If at any time a new owner or operator provider takes over operation of an existing personal wireless service facility, the new personal wireless service provider shall notify the Director of the change in operation within 30 days and the required and approved signs shall be updated within 30 days to reflect the name and phone number of the new wireless service provider. The colors, materials and design of the updated signs shall match those of the required and approved signs. No sign shall be greater than two square feet in size.
3. FCC compliance. Each wireless communication facility must comply with FCC regulations, and avoid interfering with any city communication facilities, operations, utilities, equipment, or public safety communications. If the facility negatively impacts city facilities or equipment, the operator must comply with all FCC regulations and orders to resolve the interference. At the city’s discretion, and at the operator's expense, the city may retain an outside technical consultant to evaluate and verify compliance with FCC regulations and to determine the cause of interference for an existing facility.
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4. Facility maintenance. Each wireless communication facility must be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism. The operator must repair any damage as soon as reasonably possible, but no later than 90 days from the time of notification.
Landscaping elements at a wireless communication facility site must be maintained in good condition, and in compliance with the approved landscape plan. The owner or operator is responsible for replacing any damaged, dead, or decayed landscape materials and making necessary irrigation and equipment repairs as soon as reasonably possible.
5. Noise. A wireless communication facility must be operated to minimize noise that is audible as provided in Chapter 8 of the City Code
6. Removal. All wireless communication facility equipment must be removed within 30 days of the discontinuation of the use, and the site restored to its original, preconstruction condition. In addition, the service provider must provide the city with a notice of intent to vacate a site a minimum of 30 days before the vacation. For a wireless communication facility to be located on public property, this removal requirement will be included within the lease. For a facility to be located on private property, the property owner is encouraged to also include this in the lease, because the property owner will otherwise be responsible for removal.
C. Term of permit. A wireless communication facility permit is valid for an initial period of ten years as specified in the Piedmont Design Standards and Guidelines unless: (i) a longer period is required by state or federal law; or (ii) a shorter time is required as a condition of approval for particular circumstances set forth in the decision, particularly with respect to public safety or substantial land use reasons under California Government Code section 65964(b). The Director may administratively extend a permit upon verification of continued compliance with this division 17.46 and any conditions of approval.
However, a permit granted for a collocation or modification under section 17.46.080 D.2.b will be effective for the shorter of: (i) the term of the original permit; or (ii) a longer period if required by state or federal law.
17.46.080 Review Body; Findings.
A. Review Body.
1. Permit and Reviewing Body.
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Location Type of WCF
Design Standards
Criteria Type of Permit Required
WCF in the Rightof-Way
6409 Collocation
Meets the design
criteria outlined in
Design Standards and
Guidelines Section
8.02.03 Building Permit
Encroachment Permit
Small Cell or DAS
Application
Meets the Design
Standards and
Guidelines Section
8.02.03 Building Permit
Encroachment Permit
Does not meet the
Design Standards and
Guidelines
WCF Planning Permit, Review by
Planning Commission
Building Permit
Encroachment Permit
Collocation (not under
6409) with existing
structure
WCF Planning Permit, Review by
Director
Building Permit
Encroachment Permit
WCF On Public or
Private Property
New structure
WCF Planning Permit, Review by
Planning Commission
Building Permit
Collocation (not under
6409) with existing
structure
WCF Planning Permit, Review by
Director
Building Permit
6409 Collocation
Meets Design
Standards and
Guidelines in Section
8.02.04 Building Permit
2. Planning Commission. After receiving a completed application, the city staff will schedule a noticed public meeting before the Planning Commission consistent with divisions 17.62 and
17.64. Any application submitted to be reviewed by the Director outlined in section 17.46.080.A may be referred to the Planning Commission unless otherwise stated by federal law.
B. Required findings; Exceptions.
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1. Findings. Before approving a wireless communication facility permit as provided in City Code section 17.46.080.A.3 and 17.46.080.A.4, the reviewing body must make the following findings:
a. The applicant has evaluated and met the priority for location standards of section 17.46.040 A above.
b. The proposal satisfies each of the applicable development standards in section 17.46.070 above.
c. The proposed design is consistent with the Piedmont Design Standards and Guidelines.
d. The proposed facility has been located and designed for concealment and collocation to the greatest extent reasonably feasible, and the applicant has submitted a statement of its willingness to allow other wireless service providers to collocate on the proposed facility.
2. Exceptions.
a. General. The decision-making body may grant an exception to any requirement of this division 17.46, including without limitation the priority for location under section 17.46.040 A, if the applicant establishes that strict compliance would violate federal or state law.
b. Modification. The Director may consider and grant, modify and grant or deny a modification to an existing wireless communications facility if the modification meets the requirements of section 6409. In determining whether to approve the requested modification the Director shall approve if the project meets the criteria outlined in section 8.03.03 of the Piedmont Design Standards and Guidelines titled 6409 (a) Eligible Facilities Request Checklist. c. The exemptions listed in the definition of wireless communication facility in section 17.46.020.
Any proposed modification that is not a collocation, or for which the wireless communication facility will be fully concealed or camouflaged, or that does not fall within the requirements of section 6409 shall be reviewed and considered under the same provisions and requirements as those required for the original consideration of the permit proposed for modification.
17.46.090 Batch Processing.
In accordance with Assembly Bill 965, an applicant may submit a “batch WCF processing permit” when it receives two or more WCF permit applications for substantially similar WCF project sites, submitted at the same time, and are submitted by the same applicant.
A.Requirements
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1. The City will consider applications under Assembly Bill 965 for WCF batch processing as “nearly identical in terms of equipment and general design, but not location” if they meet the following criteria.
a. Require the same permits;
b. Are the same kind of facilities (for example, all the applications received are stealth facilities, are on streetlights, are on utility poles, etc.); c. Must be on the same type of property (for example, the City will not batch process an application on private property along with an application on public property);
d. Must be in the same zoning district;
e. The proposed facilities are within 5 feet of each other in height/elevation; f. The proposed facilities have similar power output and operating frequency for any proposed antenna array;
g. Use of substantially the same equipment in the same configuration on the same support structure type;
h. Have similar accessory equipment which is located in similar locations, whether above ground or below ground;
i. Use the same material for exterior finishes, including color and texture; j. Do not require illumination of the wireless facilities with the exception of security and maintenance lighting;
k. Only collocation applications can be considered substantially similar to other collocation applications; and
l. No more than 25 sites are included in a batch processing application.
B. Review Body. Applications submitted under a batch processing permit shall be subject to review by the body outlined under section 17.46.080.A.
C. Application Fee. The applicant shall pay an application fee in the amount established by City Council resolution.
D. Application Determination. Each application in a batch must meet all the requirements for a complete application, which includes without limitation the application fee for each site in the batch. If any application in a batch is incomplete, the entire batch shall be deemed incomplete. If an applicant removes more than 50% of the facilities from a batch application, ATTACHMENT E Agenda Report Page 234
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the entire batch application shall be withdrawn. If any application in a batch fails to meet the required findings for approval, the entire batch shall be denied.
17.46.100 Appeals.
An appeal of a wireless communication facility application may be submitted for any application reviewed by the Director or reviewed by the Planning Commission. During an appeal, the burden of proof is on the appellant. The appeal will be submitted to the City Administrator or the City Administrator’s designee. The appellant shall pay an appeal fee in the amount established by the City Council resolution. The appeal must be submitted within five days of a decision made by the Director or Planning Commission. Upon receiving the appeal, in not less than 5 business days, the City Clerk shall give written notice to the applicant, the appellant in those cases where the applicant is not the appellant, and other parties involved, of the date and place of hearing of the appeal. In considering the appeal, the City Administrator or designee shall review all documents submitted and findings made by the Director or Planning Commission. The hearing will not be a de novo hearing. The City Administrator or designee may overrule the action of the decision maker only if one of the following occurs:
a. the findings made by the decision maker as a basis for its action are not supported by the weight of the evidence;
b. there is a significant error in the application of the requirements of this chapter 17 or other requirements of the City Code;
c. there is a significant error in the application of the Piedmont Design Standards and Guidelines; or
d. significant errors in the application, plans, drawings or other materials provided to the decision maker are discovered after the hearing, which were a basis of the decision.
Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
There is not an appeal process for applications submitted under a ministerial review permit. (Ord. 778 N.S., 03/2025)
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DIVISION 17.54 URBAN LOT SPLITS AND TWO-UNIT HOUSING
DEVELOPMENTS (SB 9)
Sections
17.54.010 Purpose and intent
17.54.020 Permit requirement
17.54.030 Definitions
17.54.040 Permit Application and review procedures
17.54.050 Urban Lot Split Standards
17.54.060 Two-Unit Housing Development Standards
17.54.070 Accessory Dwelling Units
17.54.080 Waivers from Standards
17.54.090 Recording
17.54.010 Purpose and intent
The State Legislature has declared that local jurisdictions must allow for a ministerial review of up to two residential dwelling units on each lot where single-family uses are authorized, and urban lot splits in order to allow for the construction of additional housing units. (Government Code Sections 66411.7 and 65852.21.) Proposed housing developments of up to two dwelling unit and urban lot splits in Zones A and E shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development or urban lot split meets all of the applicable requirements. Urban lot splits and housing developments of up to two dwellings units shall not be allowed in Zones B, C, and D. This division shall adhere to the Government Code sections referenced below, which Government Code provisions may be amended from time to time. This division shall be interpreted in accordance with state law requirements.
17.54.020 Permit requirement
A. SB9 – Urban lot split permit. A permit is required for an urban lot split in Zones A and E in accordance with the provisions of Government Code Section 66411.7.
B. SB9 – Two-unit housing development permit. A permit is required for a housing development of up to two units in Zones A and E in accordance with the provisions of Government Code section 65852.21.
C. An application for a two-unit housing development permit may be submitted in conjunction with an urban lot split permit application.
D. Building permit. A building permit shall be required for construction of any proposed new dwelling units.
17.54.030 Definitions
In this division:
Accessory dwelling unit or “ADU” shall have the same meaning as specified in Section
17.38.020 of the Piedmont City Code.
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Existing dwelling unit means a primary dwelling unit or other dwelling unit on a parcel that exists prior to any voluntary demolition or reconstruction or remodel where more than 50 percent of the exterior wall framing has been removed or altered. Any existing dwelling unit where more than 50 percent of the exterior wall framing has been removed is considered a new dwelling for purposes of this division.
Flag lot means a parcel that has less than the minimum required frontage on a public road and has access to the public right-of-way by a narrow strip of land, with the largest portion of the lot being situated behind adjoining lots which front a public right-of-way.
Junior accessory dwelling unit or “JADU” shall have the same meaning as specified in Section 17.38.020 of the Piedmont City Code.
Panhandle lot is a lot containing a narrow strip of land that is connected on its shorter side (b) to the larger portion of the lot where the narrow strip does not provide access to the public right-of-way, and the length of the shorter side (b) of the narrow strip of land is less than 50 percent of the parallel width (a) of the larger portion of the lot.
Primary dwelling unit means a single-family residence or a residential unit within a multifamily residential development. A primary unit is distinct from an ADU or a JADU.
Examples of primary units include a single-family residence (i.e., one primary unit) and a duplex (i.e., two primary units).
SB 9 dwelling unit or SB 9 unit means a dwelling unit that is developed using the provisions in this division and the provisions identified in California Government Code Section 65852.21.
Two-unit housing development means a development containing no more than two primary dwelling units. A two-unit housing development may include two new units or one new unit added to an existing unit.
Unusual shape means (1) a parcel with more than 6 sides; (2) a parcel created by a lot split that necessitates more than three property line segments; (3) a panhandle lot; or (4) a parcel where an interior angle is less than 50 degrees unless the curvature of an existing street or lot line precludes the possibility of a corner that meets the angle requirement.
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Urban lot split means the subdivision of a parcel within a residential single-family zone into no more than two parcels pursuant to the authority set forth in Government Code section 66411.7.
17.54.040 Permit application and review procedures
A. Application.
1. Application. An owner is required to submit an application for an urban lot split permit and a two-unit housing development permit. An application for an urban lot split may be submitted concurrently with an application for a two-unit housing development. A complete application will be reviewed for conformance with this division and the applicable standards by the Planning & Building Director.
2. Application fee. The owner shall pay an application fee in the amount established by City Council resolution.
3. Affidavit. Upon the submittal of an urban lot split application, the property owner must sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum period of three years from the date of the lot split. If there is no residence existing on either lot, the applicant shall sign the affidavit stating that they will intend to live in one of the new units for a minimum of three years.
B. Ministerial Review. The Director shall review each application ministerially to determine if the development standards in section 17.54.050 are met for an urban lot split or the development standards in section 17.54.060 are met for a two-unit housing development. The Director will review the application without notice or public hearing, and shall approve the application of the application meets the applicable requirements of the division and Piedmont Objective Design Standards Chapter 2: One to Four Residential Unit Developments.
C. Subdivision Map Act. An application for an urban lot split permit must adhere to the objective requirements outlined in the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. A tentative map shall be submitted to the City Engineer for a lot split application.
D. Inconsistencies. If the proposed urban lot split or two-unit housing development is inconsistent with applicable requirements, the planning director shall provide the applicant notice describing the inconsistency(ies) in the same manner prescribed by Government Code section 65589.5(j)(2).
E. Decision and conditions. The Director shall render a decision in writing and shall state the reasons for approval or denial. The decision of the Director shall be final. The City may deny an urban lot split permit or a two-unit housing development permit if the Director makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment ATTACHMENT E Agenda Report Page 238
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and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
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 and in Chapter 2 of the Piedmont Objective Design Standards. A waiver may be granted for an exception to the standards as described underprovided in 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 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.
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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
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 right-of-way.
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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, and other standards for vehicular access outlined in Chapter 3.072.5 of the Piedmont Objective 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.
Ord 782 N.S., 08/2025)
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 and Chapter 2 of the Piedmont Objective Design Standards. A waiver may be granted for an exception to the standards as described underprovided in 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 ATTACHMENT E Agenda Report Page 241
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converted structure must be in the same footprint and dimensions as the existing nonconforming 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. Additional parking spaces for a unit can be stacked or tandem.
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.
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. (Ord 782 N.S., 08/2025)
17.54.070 Accessory Dwelling Units
Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) are permitted on a parcel that has undergone an SB9 urban lot split or is a two-unit housing development that conforms with California Government Code Sections 65852.2 (ADUs) and 65852.22 (JADUs).
Once a parcel has been divided pursuant to the urban lot split provisions, the maximum number of dwellings on each resulting parcel, inclusive of any ADUs or JADUs, is two. On a parcel with a two-unit housing development, the maximum number of units allowed is four (inclusive of two primary units, an ADU, and a JADU).
17.54.080 Waivers from Standards
A. An applicant may request a waiver from the development standards provided in this division and Chapter 2 of the Piedmont Objective Standards 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 ATTACHMENT E Agenda Report Page 242
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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. (Ord. 782 N.S., 08/2025)
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. (Ord. 782 N.S., 08/2025)
ATTACHMENT E Agenda Report Page 243
Planning & Land Use
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DIVISION 17.67 MINISTERIAL DESIGN REVIEW PERMIT
Sections:
17.67.010 Intent
17.67.020 Implementation
17.67.030 Permit required
17.67.040 Approval authority
17.67.050 Procedure: Application; Notice; Decision; Decision of Director is final
17.67.060 Standards; Findings
17.67.010 Intent.
It is the intent of the City in establishing this ordinance to support equitable distribution of affordable housing units across the City; promote and enhance community design and neighborhoods; remove barriers to development and access to housing through clear and objective standards; and facilitate the development of new multifamily housing units.
17.67.020 Implementation.
A. Piedmont Design Standards and Guidelines. The City Council has adopted the Piedmont Design Standards and Guidelines that are available online and at city hall. The Piedmont Design Standards and Guidelines are one of the criteria for the applicant and Director in determining whether a specific project conforms to section 17.67.060, Standards; Findings.
A. Piedmont Objective Design Standards. The City Council has adopted the Piedmont Objective Design Standards that are available online and at City Hall. The Piedmont Objective Design Standards are for the review of projects that meet the requirements for ministerial review.
The Piedmont Objective Design Standards are one of the criteria for the applicant and Director in determining whether a specific project conforms to section 17.67.060, Standards; Findings.
B. Director. The Director will prepare:
1. The permit application forms; and
2. Information to provide technical assistance to residents and applicants.
C. Voluntary discretionary review. Any applicant eligible for ministerial design review pursuant to section 17.67.030, may submit in writing to the Director a voluntary request to have the design review permit application considered according to the provisions of division 17.66 to receive discretionary design review for the applicant’s development proposal.
17.67.030 Permit required.
A. Permit required. A ministerial design review permit is required for any development which meets the eligibility criteria for ministerial review under State law, subject to review under PCC Chapter 17 division 17.38, and (2) Two-unit housing developments and/or urban lot splits, which are subject to review under PCC Chapter 17 division 17.54, and (3) other ministerial projects including certain multifamily and mixed-use developments as required by lawunder State Law; (Ord. 772 N.S., 03/2024)
ATTACHMENT E Agenda Report Page 244
Planning & Land Use
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B. The building official will not issue a building permit under chapter 8 of the City of Piedmont City Code until the applicant has obtained the required ministerial design review permit. The city will not allow demolition pursuant to division 17.67 unless the applicant has approval of plans for a replacement structure pursuant to this chapter 17 and has obtained a building permit under chapter 8.
17.67.040 Approval authority.
A. Director.
1. Applicability. The Director has the authority to review and approve a ministerial design review permit application submitted pursuant to section 17.67.030, and any application to amend a previously approved ministerial design review permit, pursuant to State law.
2. Notice. No notice shall be provided for ministerial design review applications submitted pursuant to section 17.67.030.
3. Standards and Findings. In reviewing an application for a ministerial design review permit, the Director shall apply the standards set forth in section 17.67.060, Standards; Findings.
17.67.050 Procedures: Application; Notice and hearing; Decision; Effective date; Appeal.
A. Application. An applicant for a ministerial design review permit must submit a complete application, accompanied by plans and materials in the form approved by the Director, and the application fee, which fee shall be established by resolution. The Director may waive in writing submission of items deemed unnecessary to determine compliance with this chapter.
An application is considered complete in accordance with section 17.60.020.
B. Notice and hearing. The Director shall review the ministerial design review permit application without notice or public hearing, unless otherwise required by State law.
C. Decision. The Director shall notify the applicant of the decision in writing.
D. Director’s decision is final. Permits approved by the Director for ministerial design review permit applications are final.
17.67.060 Standards; Findings.
The Director may not approve a ministerial design review permit unless the Director first finds that the design of the project conforms to all of the following standards:
A. The proposed development meets the criteria for ministerial approval under State law.
B. The proposed development meets applicable design standards as provided in the Piedmont Objective Design Standards and Guidelines, as they may be amended from time to time by the City Council.
C. The proposed development complies with zoning ordinance regulations for the zone in which the project site is located.
(Ord. 769 N.S., 10/2023, Ord. 772, N.S. 03/2024)
ATTACHMENT E Agenda Report Page 245
1 City of Piedmont
Objective Design Standards
and Related Amendments
City Council
Public Hearing
February 2, 2026
Piedmont Objective Design Standards
ATTACHMENT F Agenda Report Page 246
2 Objective Design Standards (ODS)
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Piedmont Objective Design Standards
Purpose:
Objective Design Standards (ODS) are
intended to streamline the design review
process and provide clear and consistent
expectations of high-quality design.
Applicable to new unit types:
•One-to-Four-Unit Residential
Development
•Accessory Dwelling Units (ADUs)
•Multi-Family Residential Development
•Mixed-Use Residential Development
ATTACHMENT F Agenda Report Page 247
3 Objective Design Standards (ODS)
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Piedmont Objective Design Standards
Objective and Enforceable
Measurable and Verifiable
Use words such as “shall,”
“must” or “required”
ATTACHMENT F Agenda Report Page 248
4 Subjective Design Guidelines
Objective Design Standards (ODS)
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Piedmont Objective Design Standards
Subjective Example:
A building front entrance should
have a “welcoming front entry”
• Open to Interpretation
• Not Measurable
• Use words: “should” or “may”
Objective Design Standards
Objective Example:
Front entryway shall have a
minimum area of 40-square feet
• Objective and Enforceable
• Measurable and Verifiable
• Use words: “shall” or “must”
ATTACHMENT F Agenda Report Page 249
5 Why are they being developed?
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Piedmont Objective Design Standards
Streamline Design Review
and Facilitate More Housing
Maintain Neighborhood
Character
Follow State Laws
Define Community’s
Development Goals
ATTACHMENT F Agenda Report Page 250
6 Community Engagement
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Piedmont Objective Design Standards
• September 2024: Project introduced at the
Harvest Festival
• December 3, 2024: Stakeholder meeting with
architects, designers and builders
• February 12, 2025: Open House • April 19, 2025: Piedmont Food Festival • April - June 2025: Community-wide survey • August 11 and September 8, 2025: Planning Commission study sessions
• January 12, 2026: Planning Commission
Public Hearing
ATTACHMENT F Agenda Report Page 251
7 Community Survey
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Piedmont Objective Design Standards
• Held online April 19 - June 4, 2025
• 241 Responses – 95% identified as
Piedmont residents
• Neighborhood character: Tree canopy
and landscaping (65%), building height
and massing (61%), and the spacing
between homes (54%)
• Top priorities for regulating new
construction and additions: Preserving
privacy (44%) and access to daylight
(39%)
ATTACHMENT F Agenda Report Page 252
8 Community Survey
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Piedmont Objective Design Standards
• Architectural Consistency and Style:
Majority (56%) comfortable with a mix
of styles, though 31% preferred
traditional styles.
• Architectural Priorities: Across all
styles, a large majority emphasized the
importance of massing and
proportions (79%) and exterior
materials (49%)
ATTACHMENT F Agenda Report Page 253
9 Planning Commission Subcommittee
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Piedmont Objective Design Standards
• Commissioners Jajodia, Ortiz and Yee • Role was to collaborate with staff and consultants to develop and update draft
objective design standards
• 10 meetings: o Approach to structure and format the
standards
o Review of communitywide survey o Review public engagement plans o Feedback on the preliminary draft standards o Review the public review draft of the ODS document
o Review the public comments received
ATTACHMENT F Agenda Report Page 254
10 ODS Examples
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Piedmont Objective Design Standards
“Minimalist”
• Sticks to essentials
• Provides flexibility
“Maximalist”
• Architectural style standards
• Guidelines converted into
standards
• Detailed materials and finishes
specifications
“Key Design Elements”
• Standards focused on site
planning and massing
• Building design elements,
but not specific to particular
architectural styles
ATTACHMENT F Agenda Report Page 255
11 Draft Piedmont ODS – Document Structure
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Piedmont Objective Design Standards
Chapter 1 – Introduction: Applicability, instructions on how to use the document, description of the ministerial review processes.
Chapter 2 – 1-4 Unit Residential Developments: New standards for smaller residential projects, including single-family homes, duplex development under SB 9, existing single-family home conversions to duplex.
Chapter 3 – Accessory Dwelling Units (ADUs): Revised and updated ADU standards.
Chapter 4 – Multifamily, Commercial (approved Ministerially), and Mixed-Use Residential Developments: Revised and updated standards for multifamily, commercial (approved ministerially), and mixed-use projects.
Chapter 5 – Definitions: Key terms used in the objective design standards that are not already present in the Piedmont City Code.
ATTACHMENT F Agenda Report Page 256
12 Accessory Dwelling Units (ADUs)
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Piedmont Objective Design Standards
• Subjective guidelines adapted into objective
standards
• Additional new standards reflecting review of
ADU projects in Piedmont
• Compliance with Gov. Code, § 66323: Local
governments may not impose their own
standards on the following ADUs: 800 square feet or less; Within the converted space of a proposed or existing single-family dwelling or accessory
structure; or
Certain multifamily ADUs
ATTACHMENT F Agenda Report Page 257
13 Multifamily, Commercial (Ministerially) and Mixed Use Piedmont
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Piedmont Objective Design Standards
• Subjective guidelines adapted into
objective standards
• Additional new standards providing
additional design direction and
reflecting best practices
ATTACHMENT F Agenda Report Page 258
14 Design Categories
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Piedmont Objective Design Standards
Site Organization, Planning, and Design
• Context
• Urban Lot Splits
• Grading
• Building Access (Pedestrian and Bicycle)
• Vehicular Access and Surface Parking
• Building Placement
• Walls and Fences
• Utilities and Services
• Open Spaces
• Landscaping
• Site Lighting
Building Design
• Massing, Form, and Scale
• Roof Form
• Façade Articulation
• Entrances
• Ground Floor Treatment
• Single-Family Conversions
• Balconies and Decks
• Awnings, Sunshades, and Screens
• Windows
• Materials
• Mitigation of blank walls
• Parking Garage Design
• Architectural Lighting
• Bird safety
• Signage
ATTACHMENT F Agenda Report Page 259
15 Page Structure
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Piedmont Objective Design Standards
Section Name
Chapter Number
Subsection Number and Name
Objective
Purpose
Standards
Guidelines
Defined term in
italics
ATTACHMENT F Agenda Report Page 260
16 Public Review Draft
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Piedmont Objective Design Standards
• Posted November 7, 2025
• Comments received through
December 7, 2025
• Comments included in staff
report
ATTACHMENT F Agenda Report Page 261
17 Recommended Revisions to Public Review Draft
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Piedmont Objective Design Standards
Recommendation:
Planning Commission recommend extending
the validity period of topographic maps from
12 months to 36 months. This change aligns
with industry best practices and provides
greater flexibility for project development
timelines.
ATTACHMENT F Agenda Report Page 262
18 Recommended Revisions to Public Review Draft
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Piedmont Objective Design Standards
Recommendation:
To differentiate Sections 2.4 and 2.15,
Planning Commission recommended
refocusing Section 2.4 on site planning
(access and visibility from the public
realm) and Section 2.15 on architectural
design (the physical treatment of the
entrance).
Additionally, Figure 2.4.1 should be
moved to Section 2.15 to better
illustrate building design, while a new
image depicting site access and
entrance orientation should be added
to Section 2.4.
ATTACHMENT F Agenda Report Page 263
19 Recommended Revisions to Public Review Draft
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Piedmont Objective Design Standards
Recommendation:
To differentiate Sections 2.4 and 2.15,
Planning Commission recommended
refocusing Section 2.4 on site planning
(access and visibility from the public realm)
and Section 2.15 on architectural design
(the physical treatment of the entrance).
Additionally, Figure 2.4.1 should be moved
to Section 2.15 to better illustrate building
design, while a new image depicting site
access and entrance orientation should be
added to Section 2.4.
ATTACHMENT F Agenda Report Page 264
20 Recommended Revisions to Public Review Draft
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Piedmont Objective Design Standards
Recommendation:
The language specifying no combustible
materials be closer than 5 feet be revised to
reference the specifications of the Wildland
Urban Interface Fire Code, Part 7 of Title 24 of
the California Code of Regulations.
ATTACHMENT F Agenda Report Page 265
21 Recommended Revisions to Public Review Draft
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Piedmont Objective Design Standards
Recommendation:
Planning Commission recommended that the
language describing the type of planting allowed
be revised from “native, low water usage and
meeting Water Efficient Landscape Ordinance” to
plants selected from the East Bay Municipal Utility
District (EBMUD) document Plants and
Landscapes for Summer Dry Climates.
ATTACHMENT F Agenda Report Page 266
22 Recommended Revisions to Public Review Draft
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Piedmont Objective Design Standards
Recommendation:
Planning Commission recommended deleting the 6-
inch requirement for board siding in this standard, as
in present day the siding thickness can vary anywhere
between 3-6 inches and new application techniques
are continually developed.
ATTACHMENT F Agenda Report Page 267
23 Recommended Revisions to Public Review Draft
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Piedmont Objective Design Standards
Recommendation:
While the draft previously
required projects to meet Zone
Zero (0–5 ft ember-resistant zone)
standards, the Planning
Commission has recommended
eliminating this requirement. This
change follows the City’s
reclassification out of the High
Fire Hazard Severity Zone and
aligns the ODS with the recently
adopted Building Code, which no
longer mandates Zone Zero
compliance.
ATTACHMENT F Agenda Report Page 268
24 Recommended Revisions to Public Review Draft
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Piedmont Objective Design Standards
Recommendation:
To ensure internal consistency and address public
comments, the Planning Commission
recommended revising the ODS definition to align
with the Zoning Ordinance.
ATTACHMENT F Agenda Report Page 269
25 Recommended Amendments – Zoning Ordinance
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Piedmont Objective Design Standards
Recommendations Related to ODS:
1. Allowing retaining walls and structures up to 8 feet tall in the 20- foot setback to support pedestrian and vehicular access.
2. Allowing tandem parking for an SB 9 unit
3. Allowing shared parking for mixed-use developments
4. Allowing parking in the street yard setback for multifamily and mixed-use developments in Zones C and D
5. Allowing fences up to 8 feet tall in Zones C and D under certain circumstances
6. Other minor updates
ATTACHMENT F Agenda Report Page 270
26 Recommended Amendments – Zoning Ordinance
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Piedmont Objective Design Standards
Staff Recommended Recommendations:
1. Allowing retaining walls up to 5 feet tall outside the street yard setback for SB 9 projects. This specific limit provides applicant with a clear, objective standard to follow during project development.
2. For single-family development, prohibiting parking of vehicles between the street facing façade and front property line in Zones A and E with certain exceptions. This
amendment is intended to keep Piedmont’s residential
streetscape free of vehicles parked in front yards and on lawns.
ATTACHMENT F Agenda Report Page 271
27 Recommended Amendments –
Development Standards and Guidelines
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Piedmont Objective Design Standards
Revising the document title to Piedmont Design Guidelines and other changes.
Among the changes:
• Move the ADU standards and guidelines to the ODS document • Move the Multifamily and Mixed Use standards and guidelines to the ODS document
• Move the ADU Prototype Plans to the ODS document
Design Guidelines will continue to apply to single family development (including remodels and additions).
ATTACHMENT F Agenda Report Page 272
28 Recommended Amendments –
Development Standards and Guidelines
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Piedmont Objective Design Standards
Other Staff Recommended Changes
• Modifying Planning Permit Types and Adding language related to the new online permitting portal.
• Modifying the list of projects that are exempt from needing design review, such as: exposed conduits if painted to match the adjacent wall color, exemption of up to 2 heat pump or air conditioning units meeting certain criteria, adding handrail/guardrail when required by building code. • Adding a guideline for front yard enclosure to be consistent with General Plan. • Adding Guidelines related to WELO.
ATTACHMENT F Agenda Report Page 273
29 Planning Commission Public Hearing – January 12, 2026 Recommendations
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Piedmont Objective Design Standards
1. Recommend that the City Council adopt the Objective Design Standards with the revisions as presented .
2. Recommend that the City Council adopt an ordinance amending Piedmont City Code divisions 17.20 Zone A: Single Family Residential, 17.28 Zone E: Estate Residential, 17.30 Parking, 17.32 Fences; Trash Enclosures; Corner Obstructions,
17.34 Landscaping, 17.38 Accessory Dwelling Units, 17.46 Wireless Communication Facilities, 17.54 Urban Lot Splits and Two-Unit Housing Developments (SB 9), and 17.67 Ministerial Design Review Permit, to bring the City Code into compliance with the Objective Design Standards and various staff recommended updates to codify best and current practices.
3. Recommend that the City Council adopt amendments to Piedmont Design Standards and Guidelines that are related to the Objective Design Standards and some staff recommended updates to codify current practices and procedural changes.
ATTACHMENT F Agenda Report Page 274
30 Thank You
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Piedmont Objective Design Standards
ATTACHMENT F Agenda Report Page 275