At its meeting on Wednesday, September 19, the Piedmont Recreation Commission will again hear testimony on the persistent issues regarding use of Beach Playfield. The meeting will be held at 7:30 pm in the City Council Chambers. > Click to read more…
The City Council and Planning Commission will hold a joint meeting at 5 p.m. on Tuesday, September 18, to discuss two important topics: a city bicycle plan and wireless communications. The meeting will be held in the Police Department Emergency Operations Center, 403 Highland Ave., which does not have broadcast capabilities. > Click to read more…
Fresh eggs, droppings, chicken coops –
The Piedmont Planning Commission will consider the housing and raising of chickens in Piedmont at its meeting on Monday, August 13. City staff reports that there are currently no prohibitions to keeping chickens in any zone within Piedmont City limits. However, chicken coops are considered secondary structures, which are regulated.
Piedmont resident Martha Bureau asked the Commission to consider establishing regulations. Bureau also mentioned the possibility of Histoplasmosis, a fungal infection that can be carried on the feathers of chickens and that can thrive in their droppings. In addition, a petition was signed by 26 residents requesting restrictions and guidelines on backyard chickens. A number of Piedmont residents keep chickens in their backyards, as reported in a Patch article.
No formal action will occur at the meeting. The August 13th meeting will be the fourth in a series of hearings to discuss potential future changes to the City’s Zoning Code and Design Guidelines. There will be at least five future Planning Commission or City Council hearings on the overall Code changes. Some amendments will relate to the Housing Element, including important additions to the second unit provisions and increasing multi-family residential densities and commercial developments to a minimum of 12 units per acre, which were presented to the Planning Commission in June 2012.
Other communities have adopted the following requirements for backyard chicken husbandry in single-family residential zones:
Many communities are discussing urban agriculture at this time and making adjustment in their Municipal code to deal with the growing phenomenon. Seattle, Washington adopted a new Municipal Code for Urban Farms and Community Gardens in August 2010.
The Commission meeting will start at 5:00 p.m. on Monday, August, 13, 2012 in City Hall Council Chambers. Attached is the agenda for the meeting, and this discussion is number 14 on the Agenda. There will be at least five future Planning Commission or City Council hearings on the overall Code changes. Contact City Planner Kate Black for further information at 510-420-3050.
The request and petition are available at City Hall, but not online .
Staff report on: REQUEST TO REGULATE CHICKEN COOPS AND THE KEEPING OF CHICKENS: Unlike the topics in the first three reports which were brought to the Commission by staff, this report introduces a request submitted by resident Martha Bureau, who resides at 140 Wildwood Avenue, along with a petition, signed by 26 residents and neighbors supporting the request.
As indicated in the request, they are asking the Commission to develop Code amendments aimed at regulating the keeping of chickens within City limits. Attached to the request is a summary of code regulations for six Alameda County cities, unincorporated Alameda County, and three Contra Costa County cities. Additionally, Ms. Bureau has submitted information about Histoplasmosis, an illness that can be caused by bird or bat droppings.
CURRENT CITY CODES: From a use perspective, there are currently no prohibitions to the keeping of chickens in City limits. The Piedmont Municipal Code maintains a list of certain wild and/or dangerous animals and reptiles that are prohibited1 but the list does not include chickens. The Code does state that all permitted animals must be kept in such a manner that they don’t cause “excessive noise or offensive odors, damage to property, or a clear or present danger to the public health, safety and general welfare”2.
From a physical perspective, there are current regulations related to the construction of structures or fencing which under certain circumstances, apply to physical features related to the keeping of chickens. Chicken coops are considered to be secondary structures, and are regulated in accordance with the Code provisions of the underlying zone, depending on location and height of the coop (please see Exhibits B and C, which define the regulations and procedures in Zones A and E). Fencing used to pen and protect chickens is not regulated unless it is proposed to be higher than 6’, or located within 20’ of a street-facing setback.
OPTIONS FOR COMMISSION CONSIDERATION: Most of the communities in the summary of codes provided by Ms. Bureau specify minimum distances between the coops and dwellings, and/or between coops and property lines. Staff believes that other jurisdictions limit the number of chickens permitted, and some prohibit roosters, which are considered to be noisier. Should the Commission think it is appropriate to consider changes to the Code to regulate chickens, staff will more fully evaluate how other jurisdictions with characteristics similar to Piedmont (lot size, single-family zoning, physical density of development, etc.) address the topic, and will prepare possible amendments to the Code for consideration at a future hearing.
EXHIBITS:
Exhibit A Locating Structures in Zone A
Exhibit B Locating Structures in Zone E 1
§12.18 Wild or Vicious Animals-Keeping, Etc. – Prohibited (animals in list: elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, ape, cheetah, chimpanzee) 2
§12.20 Animals Causing Noise, Offensive Odors, Etc.
Charged With Exceeding its Mandate, Excessive Fees, and Duplicating other Agencies’ Programs –
In a 2011-12 investigative report, an Alameda County Civil Grand Jury charges that, for the sole purpose of “self-perpetuation,” StopWaste.Org has copied dozens of programs and objectives of other state and county agencies. The complicated “Bay Friendly Landscaping ordinance” promoted by StopWaste.Org recently in Piedmont would appear to be an example, overlapping with regulations promulgated by CA-WELO, Cal Green, and EBMUD.
Weigh in Before September on County Bike and Pedestrian Plans –
The Alameda County Transportation Commission (ACTC) is updating the Alameda Countywide Bicycle Plan and Pedestrian Plan. The update process began in May 2010, and final plans are scheduled to be considered for adoption by the ACTC in September 2012. > Click to read more…
On Wednesday and Thursday, July 18 and September 19, the Piedmont Recreation Commission will hear testimony to improve the utilization of Beach Playfield. Groups of adults have frequently dominated field use and discouraged use by neighborhood youths and families. Persistant neighborhood concerns have included scheduling, safety and access for casual play on weekends after organized use by the Piedmont Soccer Club/Baseball-Softball groups.
In 2007, after public hearings the Recreation Commission recommended modifications to the Beach Playfield Use Restrictions. In February 2008, the City Council approved new rules limiting adult use of the playfield by groups of 12 or more persons 21 years of age or older concurrently participating in the same activity (ies) or game (s). Again in 2010 and 2011 the Recreation Commission held public hearings on the Beach Playfield. Decisions on rule changes or modifications were not made pending the establishment of a park monitor program to document use patterns.
The Commission will now consider rule revisions at the July 18 and September 19 hearings, including a rule dividing the playfield into two equally sized “east” and “west” fields with one of the fields being designated only for children and families. Safety between the two fields has not been described.
The Recreation Commission hearings to solicit public comment will be held on Wednesday, July 18 and Thursday, September 19, 2012, at 7:30 p.m. in the City Council Chambers, 120 Vista Avenue, Piedmont, California.
Written comments may be directed to Dick Hunt, Chairman, Piedmont Recreation Commission, 358 Hillside Avenue, Piedmont, CA 94611 or mdelventhal@ci.piedmont.ca.us. The hearings will be televised live on KCOM Channel 27 and through streaming video on the City Web Site: http://www.ci.piedmont.ca.us under “online video”.
After the Recreation Commission consideration, their recommendation will be made to the City Council for any use modifications.
For further information, contact Recreation Director Mark Delventhal at 420-3073.
Planning Commission to consider reducing setbacks and other changes to zoning requirements –
On Monday, July 9, the Piedmont Planning Commission will hold a public hearing regarding potential amendments to the setback provisions of alleys, lanes and driveways that serve two or more properties including reduction of required setbacks.
These proposed Chapter 17 Zoning Code changes are some of many being considered to facilitate planning and implement the 2011 Piedmont Housing Element resulting from lengthy negotiations with the State of California. The zoning item will be number 9 on the Agenda.
The purpose of the hearing is to take public testimony on the subject, and provide an opportunity for Commission comments. The Planning Commission may give direction to staff for future hearings, but no formal action will occur at the meeting. Zoning changes will ultimately require City Council approval through the City’s ordinance process including further public hearings.
Staff encourages interested individuals to attend the hearing and express opinions and ideas. Alternatively, one may wish to watch the hearing on KCOM, cable 20 or by logging on to the city’s website at www.ci.piedmont.ca.us: on the right hand side of the homepage under the “City Council” heading, click on the “Online Video” link, then scroll down under the “Sections on this Page” heading, click on the “Planning Commission” link, then on the “July 9th meeting”, click on the “Video” link, and scroll down to Agenda #9 and start watching!
Comments may be made at the public hearing, submitted in writing to Kate Black, City Planner at 120 Vista Avenue, Piedmont, CA 94611, or emailed to kblack@ci.piedmont.ca.us.
For more details contact Kate Black at 510-420-3050.
“Landscaping must conform to guidelines …..”
Revisions to a proposed Piedmont landscaping ordinance drafted by StopWaste.org will be considered by the City Council at its June 18 meeting. Slight revisions to Section 17.18 have been proposed by the City planning staff in an effort to address some of the private property concerns raised by the public and Council Members at a June 4 Council meeting regarding hedges, lawns, plant specifications, local control, and cost. Perhaps in error, Chapter 17.18.3. (a.ii) still defines all use of the term, “Bay-Friendly Landscaping Guidelines means the most recent version of guidelines developed by Stopwaste.org”
Chapter 17.11 has not been revised and still refers to the “most recent version” of Stopwaste.org rules. Chapter 17.11 covers “City owned and/or operated” properties, which include the Art Center, Central Park, Moraga Canyon/Blair Park, etc.
The proposed ordinance will require a landscape plan to obtain a permit for any type of new building in Piedmont. At the discretion of the Public Works Director or Planning Commission, a landscape plan may also be required for other types of permits and variances affecting existing landscaping.
“Automatic” Future Restrictions by StopWaste
Residents expressed concerns about future StopWaste restrictions automatically becoming Piedmont law without hearings within the Piedmont community. The Council directed a revision of this language. The Staff Report notes revisions have removed this language for residential and commercial properties, but not City property:
“If Stopwaste.org makes changes to the criteria under the Scorecard, it would not affect any residential or commercial properties in Piedmont, but would affect very large public projects on public land under the existing Civic Bay-Friendly Landscape Ordinance that affects public properties in Zone B.” (At p. 26.)
The Checklist continues to refer to obsolete language in the original model ordinance. The ordinance also continues to use terms not entirely consistent with terms used in other parts of the Piedmont Municipal Code.
Hedge and Lawn Restrictions
Hedge and lawn restrictions were raised as a concern by residents. (See comments.) All restrictions on hedges and lawns remain in the ordinance. Specific plant selections must adhere to the guidelines. However, the type of projects which must comply with the restrictions on hedges and lawns has been limited. Revisions limit compliance with the StopWaste Checklist (version 2.1 dated December 2011) to:
(1) Rehabilitated Landscapes and new construction associated with Rehabilitated Landscapes for public agency projects and private commercial developments that require design review and/or a building permit;
(2) Rehabilitated Landscapes and new construction associated with Rehabilitated Landscapes which are developer-installed in multifamily developments that require design review and/or a building permit; and
(3) Construction of a new single-family residence on a vacant property which is homeowner-provided and/or homeowner-hired that includes a total project Landscape Area equal to or greater than 5,000 square feet, and that requires design review and/or a building permit.
“Multi-family” will include private homes with legal second units, and also homes with illegal and unintended second units if conversion to a legal unit during the process of obtaining a permit is proactively undertaken by the homeowner or staff pursuant to newly adopted 2011 Housing Element provisions.
Residents are required to obtain a building permit when landscaping plans include installation of a 30 inch retaining wall, demolition of an existing potting shed, erecting fences or trellises, installing lighting, and features common in landscaping. (See detailed list below.)
In general, ordinance would not apply to existing private homes without second units.
If passed, the law would apply to new single-family residential projects on vacant lots that plan to install 5,000 square feet or more of irrigated plant areas. However, the ordinance would apply to re-landscaping for existing multi-family residential buildings, if the project requires design review or a building permit and if the re-landscaped area is at least 2,500 square feet or more of a 5,000 square foot irrigated planted area. The same requirements would apply to re-landscaping a City-owned area in a park or next to a City facility.
The Fiscal Impact – Compliance Costs and $22,000 Grant
A “Bay Friendly Landscaping Compliance Officer” must certify compliance. This position is currently defined as the Public Works Director or his designee, but a certification system by independent professionals is envisioned by StopWaste in the future. StopWaste.org estimates the total added cost of compliance with an independent professional will be $2,500 to $4,000 per project. Staff costs associated with certification have not been estimated by StopWaste or Piedmont staff.
Piedmont City staff indicates StopWaste.org has reviewed the revisions and assured Piedmont it will receive a $22,000 grant from StopWaste if the ordinance is passed as revised. Staff noted, “While it is typically not possible to make changes to model ordinances, StopWaste.org agreed to allow Piedmont to make changes to address the unclear language.”
How many private residents are currently affected?
At the last hearing, the Council asked staff to determine how many private properties the proposed ordinance might impact. Staff determined there are 57 privately owned vacant lots subject to the ordinance. Staff believed 34 of these lots would be unlikely to install 2500 square feet of landscaping due to their size. The other 23 lots are larger and would be subject to the ordinance if a single family residence were built on them. Staff noted 6 are landlocked, many are steep and difficult to develop, and others are currently used as pools or garages for an adjacent lot.
According to staff, there are an estimated 117 homes with “unintended” second units and an unspecified number of homes with suspected illegal second units. If “proactively required” to convert to legal units due to recent 2011 requirements added to the 2011 Housing Element, these private homes would come under the “multi-family” provisions of the Bay Friendly proposed ordinance (in addition to homes with legal units).
Other cities and other regulations
Staff no longer recommends approval of the ordinance, but instead presents the ordinance for the Council’s consideration.
Staff currently maintains and distributes StopWaste.org Bay Friendly Landscape information including Guidelines, a Checklist and a list of Bay Friendly plant materials to all members of the public. Staff indicates they can continue to do so whether or not the ordinance is approved.
The Bay Friendly restrictions are in addition to existing regional and state restrictions on landscaping. At least four other agencies currently regulate landscaping: CA-WELO, the Cal Green, the C&D Ordnance, and East Bay Municipal Utility District Requirements for New Water Service. Staff has prepared a spreadsheet comparing the proposed requirements (Exhibit G) of Stopwaste.org Bay Friendly Basics with the existing sets of regulations imposed by four other agencies. (See below.)
When a Building Permit May be Required
The following types of landscape-related work will generally require permits, though Design Review is often not necessary. Check the codes listed.
Full Text of Landscape Ordinance, as Revised
Comparison of Existing Landscape Ordinances
In response to citizens’ concerns, City staff has revised its previous recommendation of amendments to Chapter 17 of the City’s Municipal Code. “While it is typically not possible to make changes to model ordinances, Stopwaste.org agreed to allow Piedmont to make changes to address the unclear language.” The revised ordinance proposal begins on Page 13 of:
Revised Version of StopWaste Proposed Ordinance
The Staff report notes that “the City council asked staff to make changes to the model ordinance proposal by Stopwaste.org…” The new proposal will be discussed on June 18 as Item 4 on the agenda. (Open session begins at 7:30 p.m. in the Council Chambers.)
The meeting will begin earlier, at 6:30 p.m. with a closed session to discuss three matters: litigation re Blair Park, labor negotiations for all units, and the appointment of an interim Chief of Police. The 2012-13 budget will also be on the agenda for Council approval.
New second unit and multi-family housing rules in Piedmont without a citywide vote –
On June 11, staff will be presenting a comprehensive set of proposed revisions of the Piedmont Zoning Code to the Piedmont Planning Commission. One change will require any new development in Zones C and D (multiple density residential and commercial) to be a minimum of 12 units per acre.
The proposed changes follow recent additions to the Housing Element of Piedmont’s General Plan, including commitments to new programs and zoning changes intended to create incentives for high density housing. These programs were adopted as part of the new Housing Element was approved by the City Council on June 6, 2011 and certified by the State of California Department of Housing and Community Development after protracted negotiations with the State. The new Housing Element committed to multiple changes in current Piedmont zoning laws. > Click to read more…
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