Piedmont

Market-Rate Accessory Dwelling Units This Housing Element includes program recommendations for two types of accessory dwelling units. The first recommendation, listed here, relates to market-rate accessory dwelling units. These units have no limit on the rent that may be charged and no restrictions on the income of the occupants. The second set of recommendations, listed under Goal 3, addresses rent-restricted accessory dwelling units, which are subject to deed restrictions that limit the rent that may be charged and the income of the occupants (see Program 3.F). The City of Piedmont allows market-rate accessory dwelling units by right in all residential zones (including Zone D), provided they meet certain criteria. Such units are permitted through ministerial review, meaning they require no discretionary review by the Planning Commission or neighbors. Piedmont City Code Section 17.38.060 sets forth the development standards that relate to accessory dwelling units. Prior to 2005, a conditional use permit (CUP) was required for “secondary dwelling units.” The removal of this requirement, combined with the relaxation of standards consistent with State law, has increased the volume of applications and created important new housing opportunities in Piedmont. •

Maintain and update zoning regulations and procedures that support the development of market-rate accessory dwelling units in Piedmont neighborhoods. • Target: Citywide

Allow Religious Institution Affiliated Housing Development in Zone A In 2020, the California legislature passed Assembly Bill (AB) 1851, and AB 2244 in 2022, which encourage the use of religious facility sites (including parking lots) for housing developments and prohibits jurisdictions from requiring replacement parking when used for qualified development. State law defines “religious institution affiliated housing” as housing that is on religious institution property and is eligible for a State density bonus, meaning it has elements of affordability. Consistent with AB 1851 and AB 2244, the City will amend the Zoning Ordinance to allow religious institution affiliated housing development projects by right in Zone A as accessory to a permitted religious institution use, allow these uses at densities up to 21 units per acre, and update the parking requirements consistent with State law (also see Program 4.V regarding allowing emergency shelters as accessory uses to religious facilities in Zone A). The City commits to modifying standards and make making other modifications as needed to achieve maximum allowed densities. •

To facilitate affordable multifamily housing development in all parts of the city by allowing religious institution affiliated house by right in Zone A, accessory to religious facilities. • Target: Religious institutions in Zone A, including Corpus Christi Church, Kehilla Synagogue, Piedmont Community Church, Plymouth Community Church, and Zion Community Church.

Increase Allowances for Housing in Zone B In order for the City to have adequate capacity to meet its RHNA obligation throughout the planning period, it will expand residential development in publicly owned lands. To ensure these properties are viable for multi-family residential development, the City wants to accommodate at a minimum 20 units per site and will amend the Zoning Ordinance to increase the allowed density in the Public Facilities Zone (Zone B) to 60 dwelling units per acre maximum. The City has set a target of producing a minimum of 132 units on properties in Zone B See Program 1.L, Specific Plan). •

To facilitate multi-family housing development in Zone B, • Target: City property in the Zone B zoning district and in particular Moraga Canyon.

Increase Allowances for Housing in Zone D The Piedmont Zoning Ordinance was amended in December 2013 (effective 1/1/14) and updated in 2017 to allow multi-family housing in the Commercial Zone (Zone D) when incorporated as a component of a mixed-use project at densities up to 21 units per acre. This 2017 amendment created an opportunity for residential additions above stores or offices. For residential uses in Zone D, the City requires one parking space for a studio or one-bedroom dwelling unit, one and a half spaces per each two-bedroom dwelling unit, and two spaces for each dwelling unit with three bedrooms or more (accessory dwelling units do not require parking in Piedmont). The City considers requests for parking variances on a case-by-case basis, depending on the physical conditions of each site, Il Piemonte in Oakland, CA, is a mixed-use development with all 26 units being market rate. This four-story development has a density of 89 du/ac. Source: http://www.kpaarch.com heath, and public safety in the surrounding neighborhood, and whether the required parking would cause an unreasonable hardship in planning, design, or construction of the parking space. As required by State law, density bonuses would be allowed for projects incorporating affordable units. Since the Ordinance was amended, the City has not seen redevelopment of any commercial properties in Zone D. To help facilitate future mixed-use redevelopment to achieve the City’s RHNA, the City will amend the Zoning Ordinance to allow residential densities up to 81 units per acre in Zone D, remove the Conditional Use Permit requirements for multi-family development in Zone D, and relax parking, setback, and lot coverage requirements in Zone D. The City will also waive ground floor commercial in Zone D as an incentive for residential development. In addition, the City will increase allowable height to four stories and reduce parking requirements to minimum one space per unit to facilitate residential development up to 81 units per acre in Zone D. The feasibility analyses and massing study conducted for the Housing Element (see Section B.2.3 of Appendix B) found that 83 units per acre could be achieved in four stories of residential use over a podium level with commercial uses. Due to the high cost of podiumtype construction and the program’s emphasis on 100 percent residential development with an affordable housing component, four-stories is a feasible development scenario within the 8-year planning cycle. Moreover, the City further commits to modifying standards as outlined above, and make making other modifications as needed, to achieve maximum allowed densities. The City has set a target of producing 191 multi-family or mixed use units in Zone D by the close of the planning period (January 31, 2031). •

To facilitate redevelopment of commercial and residential sites in Zone D for mixed use and multi-family development, including new mixed-use projects on underutilized commercial and residential sites and the addition of residential units to existing commercial and residential structures • Target: All of Zone D zoning district.

SB 9 Facilitation Amendments Senate Bill (SB) 9, adopted in 2021, requires proposed housing developments containing no more than two residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain criteria. SB 9 also requires local agencies to ministerially approve a parcel map for an urban lot split subject to certain criteria. The goals of the City’s program to implement SB 9 are to allow up to four housing units per property in single-family zoning districts like Piedmont’s Zone A and Zone E, which includes the promotion integration of missing middle housing, such as duplexes, triplexes, fourplexes, bungalow courts, and ADUs, in these zones. As part of these amendments, the City will amend the Zoning Code to facilitate missing middle product types up to four units per lot, greater than those standards required at a minimum per State law. To help create additional housing sites and additional housing and respond to community interest in this housing type during development of the Housing Element, , the City will adopt objective design standards for single-family zones (Zone A and Zone E) to help streamline review and approval of projects on properties that are eligible for lot splits and/or additional units under SB 9. In addition, the City will amend the Zoning Ordinance to encourage large lots to take advantage of opportunities under SB 9. Lastly, the City will develop factsheets and FAQs to explain SB 9 to eligible property owners. The City has set a target of producing 40 units as part of this program. •

o Facilitate the implementation of SB 9 in Piedmont by adopting objective design standards for SB 9 units/lot splits. o Encourage large lot splits per SB 9. o Explain the SB 9 process and criteria to property owners to promote housing construction. • Target: All of Zone A and Zone E zoning districts.

Specific Plan As described in Appendix B, Section B.3.1, the City owns four sites (comprised of APN 050457901900, 050457908000, 048A700200303, and 050457906100) totaling about 18.25 acres on both the north and south sides of Moraga Avenue near Red Rock Road. The City of Piedmont has the ability to subdivide the parcels and declare them to be surplus under the Surplus Land Act (SLA- California Government Code §54222 et seq.). The intent of this process would be 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, these sites need to accommodate at least 132 housing units at all income levels. Given the size of the site, existing constraints, and the desire to preserve the existing public uses (open space, recreation, and City Corporation Yard), the area will be planned using the specific plan process outlined in Government Code §65450 et seq. This process requires the orderly development of the area, including the following: phasing; subdivision; adequate infrastructure; identification of financing; protection of amenities and City facilities; and production of affordable housing. The goals of the specific plan are as follows. The first goal is 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. In addition, specific plan goals include improved safety. New habitable structures shall be built to meet fire code requirements for Wildland Urban Interface Areas. The specific plan must include 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 specific plan must include 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. The specific plan must provide 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 specific plan must include 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. The goals of the specific plan include 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. Density in the plan area will be determined at the time of plan development, and could range from 40 to 60 dwelling units per acre, including housing for seniors, disabled persons, single-parents, low-income families, and/or people requiring supportive services. This program requires an amendment to the City’s General Plan and the preparation of a specific plan to accommodate the density and create development standards for the unique site conditions. The required amendments would be reviewed by the City Attorney for conformance with the City Charter and other legal requirements. If it is determined that it is infeasible to develop this site during the planning process, the City will consider utilizing other City-owned properties as alternative sites (See Appendix B). The City will apply for grants and other funding sources to help fund the planning and development of affordable housing in this area. The City could also leverage local, State, and federal affordable housing funding sources. The City issued a request for proposals (RFP) seeing professional services for the preparation of a Moraga Canyon Specific Plan on January 23, 2023. Proposals were received on March 13, 2023 and contract execution and project kick-off are expected to occur by the end of May July 2023. There are no known impediments to the development of housing within the study area. The scope of services detailed in the RFP include but are not limited to the following: • Detailed guidance on phasing and subdivision that accommodates the 60 units of lower-income housing and 72 units of above moderate-income housing identified for the study area in Housing Element program 1.L and the Sites Inventory (Housing Element Appendix B), and that prioritizes and expedites the identification of a site for the development of affordable housing that meets the criteria and timelines to secure Alameda County Measure A-1 funding. (The due date for the City to gain County approval of a project using Measure A-1 funding is December 31, 2024.); • The preparation of a surplus land declaration; • A program of implementation measures including regulations, programs, infrastructure projects, and financing measures necessary to implement the Specific Plan; and • An evaluation of the economic feasibility of the Specific Plan. Necessary entitlements and the issuance of building permits will occur during the planning period and will be specified through the Specific Plan process. As noted in Appendix F, any new housing in Piedmont represents increased access to opportunity and housing mobility, as the City is considered to be “highest resource” throughout. The Specific Plan will promote housing choice and affordability, given that it includes measures to provide housing for below-market rate households, which will help overcome existing patterns of income segregation within the Bay Area and East Bay region. The City will also determine appropriate partnership opportunities in order to ensure successful implementation of this program and adequate funding for the development of affordable housing. Proposals would be reviewed and approved by the City Council. •

Develop a specific plan to accommodate at least 132 dwelling units at a density of 40 to 60 dwelling units per acre affordable to a variety of households, including seniors, disabled persons, single-parents, low-income families, and people requiring supportive services. • Target: City owned land in Moraga Canyon within the Zone B zoning district.

Municipal Services Parcel Tax Study The City will study the local municipal services parcel tax to determine if the tax could be structured to collect an annual tax from each new unit created under Housing Element programs, including ADUs over 750 square feet (as allowed by State law). Potential revenue enhancements will be measured against the possibility of creating new constraints to housing production. •

Study local municipal services tax to potentially generate additional revenue from units created under Housing Element programs. • Target: Citywide.

General Plan Amendments To ensure consistency between the City’s General Plan and the Zoning Ordinance, the City will amend the General Plan to allow the uses and densities as proposed under the Housing Element in Programs 1.D, 1.F, 1.G, 1.H, and 1.L. •

Maintain consistency in City regulatory and policy documents. • Target: Citywide.

Lower-Income Sites Modifications to Address Shortfall Because the standards are not in place to accommodate the RHNA obligation at the time of Housing Element adoption, the City has a shortfall of sites. Consistent with California Government Code Section 65583.2(h) and (i), sites identified in the sites inventory for lower income units will also be modified to: 1. Allow owner-occupied and rental multi-family use by-right for developments in which 20 percent or more of the units are affordable to lower-income households; 2. Accommodate a minimum of 16 units per site; 3. Establish a minimum density of 20 units per acre; and 4. Require residential use occupancy of at least 50 percent of the total floor area of any mixed-use project on these sites. Lower income sites will also have zoning standards relaxed to facilitate achievement of the maximum allowed densities according to the densities, development standards, and uses allowed by the various zoning standard relaxation programs, identified above under Goal 1 to facilitate achievement of the maximum density targets (See Programs 1.D, 1.F, 1.G, 1.H, and 1.L). The lower income RHNA is accommodated on 16.9 acres of sites throughout the City. The City will amend the zoning regulations of the entire 16.9 acres of the lower income sites in the sites inventory as described in this program in order to comply with California State law and to meet RHNA. •

Accommodate the lower income shortfall as required by Government Code Section 55583.2(h) and (i). • Target: New housing programs increasing development potential in Zone A, Zone B, Zone C, Zone D, and Zone E.

On- and Off-Site Improvement Standards The City of Piedmont requires on- and off-site improvements for certain projects, as established in Chapter 17 (Planning & Land Use), Chapter 18 (Streets & Sidewalks), and Chapter 19 (Subdivisions) of the Piedmont City Code. Many of the standards are not codified and are subject to City Engineer interpretation. To facilitate and streamline housing development and ensure necessary improvements are constructed, the City will develop clear and objective on- and off-site improvement standards. On- and off-site improvements for which the City will provide new and/or additional standards for include, but are not limited to, street and sidewalk dimensions, and any other public improvements necessary for new development. •

Develop clear development standards for on- and off-site infrastructure development • Target: Citywide.