Planning Commission Meeting

1 PIEDMONT PLANNING COMMISSION Regular Meeting Minutes for Monday, August 14, 2023 A Regular Session of the Piedmont Planning Commission was held on Monday, August 14, 2023, both in person and via ZOOM teleconference, in accordance with Government Code Section 54953. The agenda for this meeting was posted for public inspection on July 31, 2023, in accordance with the General Code Section 54954.2 (a). CALL TO ORDER Chair Douglas Strout called the meeting to order at 5:30 p.m. ROLL CALL Present: Commissioners Rani Batra, Aradhana Jajodia, Douglas Strout, and Justin Zucker Absent: Commissioners Julie Ortiz and Wayne Rowland Staff: Planning & Building Director Kevin Jackson, Senior Planner Pierce Macdonald, Associate Planner Gopika Nair, Assistant Planner Steven Lizzarago, Assistant Planner Joshua Muller, and Administrative Assistant Mark Enea PUBLIC FORUM There was no public testimony. REGULAR SESSION The Commission considered the following items of regular business: APPROVAL OF MINUTES Resolution 13-PL-23 RESOLVED, that the Planning Commission approves as presented its meeting minutes of the July 10, 2023, regular meeting of the Planning Commission. Moved by Jajodia, Seconded by Batra Ayes: Batra, Jajodia, Strout, Zucker* Noes: None Abstain: None Absent: Ortiz, Rowland * Commissioner Zucker noted he watched the entire video of the July 10, 2023 meeting prior to reviewing the minutes. CONSENT CALENDAR No agenda items were nominated to the Consent Calendar. REGULAR CALENDAR The Commission considered the following items as part of Regular Calendar: Housing Policy Updates Planning & Building Director Kevin Jackson introduced Senior Planner Pierce Macdonald to provide an update on the development of fair housing policy and the 6 th Cycle Housing Element. Ms. Macdonald noted that no action is being sought. The City of Piedmont received additional comments on its 6th Cycle Housing Element from the CA Department of Housing and Community Development (HCD) on May 23, 2023. Planning staff and City Housing consultants met with the HCD program manager during the last weeks of June and July. The City expects to complete the additional analysis and submit a revised housing element to HCD later this summer, which will begin another 60 day review period. Since the City didn’t receive approval from HCD by May 31, 2023, certain implementation timelines are subject to adjustment. City staff will bring forward comprehensive updates to the City Code and Zoning Ordinance this winter to meet Housing Element implementation timelines. As the City works with HCD to obtain

Planning Commission Minutes - Draft August 14, 2023 2 certifications, staff is actively working to implement Housing Element programs and policies. In late July, City staff met with the new consultants, JZMK Partners to kick-off the preparation of the Moraga Canyon Specific Plan. The meeting included a tour of the Corporation Yard, skate park, and Blair Park. Staff is currently responding to JZMK Partner’s request for background information. Public engagement planning will start soon. The City is issuing an RFP to expand the City’s objective design standards for all residential building types including single-family residence, duplexes, and small apartments and townhouses. City staff are preparing amendments to the elements of the General Plan to make them consistent with the new housing programs in the Housing Element. The Housing Element Draft EIR is expected to be released later this fall. Staff members are initiating other housing programs and pursing state and regional grants to help finance the housing plans. For more information about the Housing Element update, members of the public can visit PiedmontIsHome.org. Community members with questions can email PiedmontIsHome@piedmont.ca.gov. There was no public testimony. Consideration of Resolution to Recommend Multifamily Objective Design Standards & Accessory Dwelling Unit Incentives Planning & Building Director Kevin Jackson introduced Senior Planner Pierce Macdonald to lead on the public hearing regarding Multifamily Objective Design Standards (MODS) and Accessory Dwelling Units (ADU) incentives. Ms. Macdonald presented a slide presentation of draft amendments to the Piedmont City Code and the City of Piedmont Design Guidelines to implement MODS and ADU incentive programs. Ms. Macdonald described that the Planning Commission is being asked to consider: (1) a draft recommendation to City Council to adopt an ordinance amending the Piedmont City Code; and (2) a draft recommendation to City Council to adopt proposed amendments to the City of Piedmont Design Guidelines. The proposed amendments to the Piedmont City Code include amendments to Division 17.38, Accessory Dwelling Units, of Chapter 17, Planning and Land Use, including new incentives for rent-restricted ADUs for applicants using new City- approved plans for ADUs. State laws, including SB 35 and SB 330, require cities to have objective design standards for multifamily and mixed-use multifamily developments. The Piedmont MODS were developed to: enhance community character in Zone C and Zone D; establish objective criteria to evaluate development proposals; respond to community preferences for building designs, materials, roof forms, windows, entrances, lighting, and other features; establish design standards that lead to development that the community supports; and ensure predictability in design and review (preserve local control). California law and Health and Safety Code Section 65583(C)(7) require cities to develop a plan that incentivizes and promotes the creation of ADUs that can be offered at affordable rent to very-low to moderate-income renters. The objectives for MODS and ADUS include acknowledging existing patterns of development and ensure that development enhances Piedmont neighborhoods; reflect the community’s design priorities and be consistent with Piedmont Design Guidelines; and promote development in a generally preferably design. Projects that comply with the Code’s objective design standards will be able to undergo administrative review only. Projects that do not may voluntarily choose a discretionary Design Review process. The objectives are to comply with State law, and MODS and ADU incentives

Planning Commission Minutes - Draft August 14, 2023 3 meet SB 2 grant requirements. MODS and ACU incentives implement Piedmont Housing Element policies and programs. The City Council will consider amendments to the City Code and Piedmont Design Guidelines for the MODS and the ADU Incentive Program at a public hearing scheduled for September 5, 2023. The proposed changes to Chapter 17 of the Piedmont Municipal Code and the Piedmont Design Guidelines are also provided in detail in the staff report. Ms. Macdonald noted that as discussed in the staff report, the proposed amendments are exempt from the California Environmental Quality Act. Ms. Macdonald noted two pieces of late correspondence that were distributed to the Planning Commission at the dais before the meeting. The correspondence was received from Cal HDF and PREC. The Planning Commission asked question of staff. Commissioner Batra asked about the letter from HDF, regarding sections of the proposed MODS that are not objective. Director Jackson replied that a lot of the subjective language was removed. They can be revised to be objective before going to City Council or it could be recommended to strike those two sections from the standards. Chair Strout asked if this would affect Resolution B. Director Jackson stated yes. Commissioner Zucker suggested the Planning Commission could recommend that the two sections on the retaining wall and lighting be kept, reviewed, and revised later. It could also be recommended they be removed, and reviewed and revised later. He noted that objective design standards are supposed to be a living document that will evolve over time, and standards should be reviewed periodically for appropriateness. Public testimony was received from: Ellen Greenberg stated that she agrees with the additional review and having this as a living document. Members of the PREC housing committee discussed the issue of impact on costs including the landscape requirements, windows and fenestration requirements, private open space requirements, and the committee believes that the standards can use additional examination over time. Another item discussed was given the general small lots in the city, some of the standards might not yield the desired results. The concerns are building articulation (requirements for building frontage beyond certain dimensions that seem more appropriate for larger lots). Their opinion of the overall design standards is that they are too descriptive. In regard to the ADUs, they are in favor of the incentives for the affordable units. A concern is monitoring of the rentals of the ADUs. They would like it to support the ongoing effectiveness of ADUs and share the findings. Close pf public comment period. Planning Commissioners noted their support of the proposed amendments. Commissioner Jajodia asked if a separate motion was required to recommend that the amendments were exempt under CEQA, the California Environmental Quality Act. Director Jackson responded that the CEQA exemptions were incorporated in the draft resolutions. Commissioner Jajodia made a motion to adopt the two resolutions prepared by staff and that subsections 6.05.01(D)(1)(c)(i) and 7.07.01(D)(5)(b)(ii) of the draft Multi-family Objective Design Standards be removed.

Planning Commission Minutes - Draft August 14, 2023 4 Resolution 14-PL-23 WHEREAS, to comply with State housing element law, the City Council adopted the 2023-2031 6th Cycle Housing Element (the 6th Cycle Housing Element) on March 20, 2023; and WHEREAS, the 6th Cycle Housing Element complies with State law, accommodates the RHNA, affirmatively furthers fair housing, and facilitates and encourages a variety of housing types for households of all income levels, including accessory dwelling units (ADUs) and multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and WHEREAS, the 6th Cycle Housing Element includes multiple policies and programs to facilitate the development of accessory dwelling units (ADUs), including policies 3.1: Rent-restricted ADUs, 3.2: Occupancy of Permitted ADUs, and 3.3: Legalization of ADUs, and programs 1.C: Public Engagement for ADUs, 1.S: ADU Compliance, 3.A: Affordable ADU Public Information Campaign, 3.C: Monitoring ADU Missed Opportunities, 3.D: Monitoring ADU Development Opportunities, 3.E: Affordable Housing Fund, 3.F: Incentives for Rent-Restricted ADUs, 5.H: Housing for Extremely Low-Income Individuals and Households, and 5.I: Housing for Extremely Low- Income Families, which support the construction of ADUs to provide housing affordable to households with a range of income levels; and WHEREAS, the 6th Cycle Housing Element includes multiple policies and programs to facilitate ministerial review of the development of multifamily housing for households of all income levels, including policies 4.2: Planning and Building Standards, 4.3: Expeditious Permitting, and 4.4: Updating Standards and Codes, and program 4.R: Permit Streamlining, which support objective design standards for multifamily and mixed-use commercial and residential development consistent with State law; and WHEREAS, the City conducted extensive community outreach in support of the Housing Element update process over the last 22 months with an innovative and robust public engagement process, including two community workshops, five City Council meetings, 20 Planning Commission meetings, two meetings of the Housing Advisory Committee, a meeting of the Recreation Commission, a meeting of the Park Commission, two online forums, two open houses, and tables at community events, as well as online engagement tools, regular news stories in local media, email newsletters to over 4,000 email subscribers, emails to the School District employees and City employees, correspondence with Piedmont religious institutions, meetings with property owners in Zones A, B, C, and D, citywide streetlight banners announcing the Housing Element website, and posters at local businesses; and WHEREAS, the Piedmont City Council adopted guiding principles for new fair housing programs on June 21, 2021, including principles to support equitable distribution of affordable units across the City, promote and enhance community design and neighborhoods, remove barriers to development and access to housing through clear and objective standards, facilitate the development of new housing units through strategic partnerships between the City and the broader community, and greater social equity; and WHEREAS, the proposed Multifamily Objective Design Standards and proposed ADU Incentives programs were presented and discussed at a virtual community workshop on October 21, 2021, and at the Housing Advisory Committee meeting held on March 15, 2022; and

Planning Commission Minutes - Draft August 14, 2023 5 WHEREAS, the Piedmont Planning Commission held regular meetings on October 10, 2022, June 12, 2023, and July 10, 2023, during which City staff provided information and updates on the proposed Multifamily Objective Design Standards (MODS), and during which members of the public had the opportunity to comment on the proposed MODS; and WHEREAS, proposed ADU incentives and incentive programs were presented and discussed at a public meeting held by the Planning Commission on July 10, 2023, during which members of the public had the opportunity to comment on the proposed ADU incentives; and WHEREAS, the draft amendments to the Piedmont Design Guidelines for a new incentive program for a rent-restricted ADUs and for the objective design standards for multifamily development and mixed-use commercial and residential development, were published for public review on July 3, 2023, and have been available for public comment for approximately 40 days; and WHEREAS, the Planning Commission has held a noticed public hearing on the proposed revisions to City Code Chapter 17 on August 14, 2023, consistent with Government Code sections 65854 and 65855 and existing City Code section 17.36; and WHEREAS, evidence provided in the August 14, 2023, staff report to the Planning Commission demonstrates that the adoption of the proposed revisions to City Code Chapter 17 are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h), Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs. Sections 15061(b)(3), 15378; and CEQA Guidelines, 14 Cal. Code of Regs. Section 15301 and 15303, and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Piedmont does hereby resolve, declare, determine, and order, based on substantial evidence in the record, as follows: SECTION 1. Recitals. The above recitals are correct and are incorporated into this Resolution as findings of the Planning Commission. SECTION 2. Recommendation – revisions to Chapter 17. The Planning Commission recommends that the City Council adopt the revisions to Chapter 17, Planning and Land Use, as set forth in Exhibit A, attached. SECTION 2. All portions of this resolution are severable. If an individual component of this Resolution is adjudged by a court to be invalid and unenforceable, then the remaining portions will continue in effect. and Resolution 15-PL-23 WHEREAS, Division 17.66 and Division 17.67 of the Piedmont Municipal Code require a Design Review permit for most types of construction in Piedmont; and WHEREAS, Division 17.38 of the Piedmont Municipal Code requires that an accessory dwelling unit or junior accessory dwelling unit comply with the Piedmont Design Guidelines; and WHEREAS, the City Council initially adopted Design Guidelines in 1988 to provide

Planning Commission Minutes - Draft August 14, 2023 6 criteria for the applicant and the appropriate hearing body to determine whether a specific project conforms to the City’s design standards and achieves the purposes of the Piedmont Municipal Code; and WHEREAS, the Piedmont Design Guidelines have been updated from time to time, most recently on February 18, 2020; and WHEREAS, on September 16, 2019, the Piedmont City Council authorization the City Administrator to pursue, enter into, and execute a grant agreement under the State of California SB 2 Planning Grant program to develop new fair housing programs, including new accessory dwelling unit (ADU) incentives and objective design standards for the construction of multifamily development and mixed-use commercial and residential development (herein referred to as “SB 2 fair housing programs”); and WHEREAS, the City will benefit from incentives for ADUs that are restricted to rents affordable to very-low-income households for a period of 10 years that are based on objective standards specific to the design of accessory dwelling units and junior accessory dwelling units in Piedmont in conformance with Government Code sections 65583(c)(7), 65852.2 and 65852.22; and WHEREAS, the City will benefit from objective standards for ministerial review of multifamily development and mixed-use commercial and residential development, in compliance with State laws including Senate Bill 35 (Government Code section 65913.4); and WHEREAS, the California Department of Housing and Community Development adopted Updated Streamlined Ministerial Approval Process Government Code Section 65913.4 Guidelines on March 30, 2021, which were originally issued on November 29, 2018, to provide technical assistance with implementation of Senate Bill 35; and WHEREAS, the Piedmont City Council adopted guiding principles for the SB 2 fair housing programs on June 21, 2021, including principles to support equitable distribution of affordable units across the City, promote and enhance community design and neighborhoods, remove barriers to development and access to housing through clear and objective standards, facilitate the development of new housing units through strategic partnerships between the City and the broader community, and greater social equity; and WHEREAS, public input on the SB 2 fair housing program amendments, reports, and City Code changes, was solicited through a citywide survey, community workshops, open houses, and public hearings at the Planning Commission and City Council; and WHEREAS, the SB 2 fair housing program amendments, reports, and City Code changes were prepared to satisfy State law, community input and preferences, and the SB 2 Planning Grant Program requirements; and WHEREAS, the research and analysis prepared for the SB 2 fair housing programs were incorporated in the policies and programs of the Piedmont 6th Cycle Housing Element, adopted by the City Council on March 20, 2023; and WHEREAS, the Piedmont 6th Cycle Housing Element includes policies 3.1: Rent restricted ADUs, 3.2: Occupancy of Permitted ADUs, and 3.3: Legalization of ADUs, and programs 1.C: Public Engagement for ADUs, 1.S: ADU Compliance, 3.A: Affordable ADU Public Information Campaign, 3.C: Monitoring ADU Missed Opportunities, 3.D: Monitoring ADU Development Opportunities, 3.E: Affordable Housing Fund, 3.F: Incentives for Rent-Restricted ADUs, 5.H: Housing for Extremely

Planning Commission Minutes - Draft August 14, 2023 7 Low-Income Individuals and Households, and 5.I: Housing for Extremely Low- Income Families, which support the construction of ADUs to provide housing affordable to households with a range of income levels; and WHEREAS, the Piedmont 6th Cycle Housing Element includes policies 4.2: Planning and Building Standards, 4.3: Expeditious Permitting, and 4.4: Updating Standards and Codes, and program 4.R: Permit Streamlining, which support objective design standards for multifamily and mixed-use commercial and residential development consistent with State law; and WHEREAS, the draft amendments to the Piedmont Design Guidelines for a new incentive program for a rent-restricted ADUs and for the objective design standards for multifamily development and mixed-use commercial and residential development, were published for public review on July 3, 2023, and have been available for public comment for approximately 40 days; and WHEREAS, the Planning Commission convened a public hearing on the draft amendments to the Piedmont Design Guidelines on August 14, 2023, and provided an opportunity for public and Commissioner comments at that time; and WHEREAS, the draft document has been revised to incorporate and respond to public comments; and WHEREAS, City Council approval of the new Piedmont design standards for Accessory Dwelling Units, including Junior Accessory Dwelling Units, and for objective design standards for multifamily development and mixed-use commercial and residential development, is required before they become effective; NOW, THEREFORE, BE IT RESOLVED that, after reviewing the revised document, staff report, and all documents and public testimony received, the Planning Commission of the City of Piedmont does hereby resolve, declare, determine and order as follows: SECTION 1. The Planning Commission finds as follows: 1. The proposed amendments for a new incentive program for rent-restricted ADUs (Exhibit A) are consistent with and will advance the goals, actions, policies, and programs of the Piedmont General Plan because the amendments are consistent with Housing Element goals, policies and programs, described herein; 2. The proposed amendments for a new incentive program for rent-restricted ADUs (Exhibit A) will support and improve the City’s ability to promote orderly, attractive, safe, and harmonious development that upholds the aesthetic values of the community and ensures excellence of architectural design; 3. The proposed City-approved architectural plans for ADUs (Exhibit A) were developed with community input regarding design preferences; 4. The proposed amendments for objective design standards for multifamily development and mixed-use commercial and residential development (Exhibit A) are consistent with and will advance the goals, policies, actions, and programs of the General Plan because the amendments are consistent with Housing Element goals, policies, and programs, described herein;

Planning Commission Minutes - Draft August 14, 2023 8 5. The proposed amendments for objective design standards for multifamily development and mixed-use commercial and residential development (Exhibit A) will support and improve the City’s ability to promote orderly, attractive, safe, and harmonious development that upholds the aesthetic values of the community and ensures excellence of architectural design; and 6. The proposed objective design standards for multifamily development and mixed- use commercial and residential development (Exhibit A) reflect community design preferences. SECTION 2. The Planning Commission finds that evidence provided in the August 14, 2023 staff report demonstrates that the new incentive program for rent-restricted Accessory Dwelling Units are exempt from the California Environmental Quality Act (CEQA) because preapproved architectural plans for ADUs are statutorily exempt from CEQA pursuant to Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h) which exempts adoption of ordinances to implement Government Code section 65852.2 regarding accessory dwelling units, and exempt pursuant to CEQA Guidelines, 14 Cal. Code of Regs. sections 15301(e) and 15303(a) because the amendments address the construction of accessory dwelling units and junior accessory dwelling units. SECTION 3. The Planning Commission finds that evidence provided in the August 14, 2023 staff report demonstrates that the adoption of these amendments to the Piedmont Design Guidelines to change the title of the document and to implement objective design standards for multifamily development and mixed-use commercial and residential development are exempt from the California Environmental Quality Act (CEQA) it can be seen with certainty that there is no possibility that the title change and adoption of Multifamily Objective Design Standards may have a significant effect on the environment. (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs. Sections 15061(b)(3), 15378.). Further, these amendments are exempt under CEQA Guidelines, 14 Cal. Code of Regs. section 15301 and 15303. SECTION 4. The amendments to the Piedmont Design Guidelines specific to ADUs and specific to objective design standards for multifamily development and mixed-use commercial and residential development, attached as Exhibit A, are recommended by the Planning Commission for adoption by the City Council with subsections 6.05.01(D)(1)(c)(i) and 7.07.01(D)(5)(b)(ii) removed. SECTION 5. All portions of this resolution are severable. If an individual component of this Resolution is adjudged by a court to be invalid and unenforceable, then the remaining portions will continue in effect. Moved by Jajodia, Seconded by Zucker Ayes: Batra, Jajodia, Strout, Zucker Noes: None Abstain: None Absent: Ortiz, Rowland Design Review Permit, 24 Crest Avenue, DRPC 2023-015 The Applicant is requesting permission to construct a new second-story addition, expand the existing first-floor kitchen, replace existing patios, add exterior lighting, and conduct interior renovations. Public testimony was received from: Danielle and Steven Swanson, Applicants, stated that the project aims to create more functional living space for their growing family by enclosing the second-floor deck

Planning Commission Minutes - Draft August 14, 2023 9 and a portion of the first-floor deck. They also outlined their conversation with the neighbors at 28 Crest Road about mitigation measures, but no solutions were identified. Carolyn Van Lang, Architect, also discussed the design of the addition, especially the roof form, to minimize the height and bulk impacts of the new construction. Stephen Morrill, neighbor at 28 Crest Road, discussed the privacy impacts of the proposed construction, and requested that the application be continued so he can have a consulting architect review the plans and develop potential alternatives to the proposed roof form. The commissioners asked the applicants and the neighbor about outreach efforts and potential methods to mitigate any potential privacy impacts, such as additional landscaping. The commissioners all agreed that this was a thoughtful design, that the impacts on adjacent properties had been mitigated accordingly, and could support the project, Resolution 015-DRPC-23 WHEREAS, the Property Owners are requesting to construct a new second-story addition, expand the existing first-floor kitchen, replace existing patios, add exterior lighting, and conduct interior renovations, which construction requires a design review permit, and WHEREAS, after reviewing the application, plans, and any and all testimony and documentation submitted in connection with such application and after visiting the subject property, the Piedmont Planning Commission finds that the project is categorically exempt under the California Environmental Quality Act, CEQA, pursuant to CEQA Guidelines Section 15301, Class 1 (e), Existing Facilities, and the project was consistent with General Plan policies and programs; and WHEREAS, regarding the design review permit, the Planning Commission finds that, as conditioned, the project is consistent with General Plan policies and programs, and the proposal, as conditioned, does conform to the criteria and standards of Section 17.66.060 of the Piedmont City Code as follows: 1. The proposed design is consistent with the City's General Plan and Piedmont Design Guidelines. The following building features are consistent with the original architecture and neighborhood development including the wall material, roof form and material, window material and fenestration pattern, eave overhang dimension, guardrail design and material, and gutter design and material. 2. The design has little or no effect on neighboring properties' existing views, privacy, and access to direct and indirect light because the distance between the project and neighboring homes is appropriate. The view is not a significant view. The topographical differences are appropriate to preserve privacy, views, and light. The height of the project has been kept as low as possible. 3. The proposed design does not adversely affect pedestrian or vehicular safety because the project does not modify on-site safety conditions. The project maintains adequate visibility for entering and exiting the driveway. The new guardrail and on- grade steps should improve pedestrian safety in the rear yard. 4. As conditioned, the application complies with the following Design Review Guidelines and General Plan policies and programs: Site Design 3.03, 3.11, 3.12,

Planning Commission Minutes - Draft August 14, 2023 10 Building Design: General 4.01, 4.02, 4.03, 4.04, 4.05, and Design: Single Family Residential 5.01. 5. The project is consistent with General Plan policies and programs, including the land use element, housing element, and design and preservation element, including: Design and Preservation Element Policy 28.1 (Scale, Height, and Bulk Compatibility), Design and Preservation Element Policy 28.2 (Style Compatibility), Design and Preservation Element Policy 28.3 (Additions), Design and Preservation Element Policy 28.5 (Garages, Decks, and Porches), Design and Preservation Element Policy 28.6 (Exterior Materials), Design and Preservation Element Policy 28.8 (Acoustical and Visual Privacy), Design and Preservation Element Policy 29.1 (Conserving Residential Yards), Design and Preservation Element Policy 29.8 (Exterior Lighting), and Design and Preservation Element Policy 31.3 (Context Sensitive Design). RESOLVED, that based on the findings and facts set forth heretofore, the Piedmont Planning Commission approves the design review permit applications for the construction at 24 Crest Avenue, Piedmont, California, in accordance with the plans and specifications on file with the City, subject to the following conditions: 1. Window and Door Material. As specified in the plans, the building material for the new windows and doors shall be wood. 2. Window Color Scheme. All the windows on the house shall have a consistent color scheme. 3. Window Recess. All new windows shall be recessed 1 and ½ inches from the exterior wall to the face of window sash in order to maintain consistency with the original architecture, as required by the City’s Design Guidelines and Window Replacement Policy. Window details shall be submitted for review and approval at the time of building permit application. 4. Pre-construction Inspection. Prior to the commencement of window fabrication, the installer shall schedule a pre-construction inspection with the Building Department to review the approved installation criteria, such as the window recess, window trim if any, and windowsill projection if any. 5. Roof Color and Material. The proposed roofing shall match the roofing color and material of the existing residence. 6. Exterior Lighting. All new exterior wall-mounted and ceiling-mounted light fixtures shall be downward with an opaque or translucent shade that completely covers the light bulb. 7. Skylight Flashing. The metal flashing around the new skylight(s) shall be painted to match the adjacent roof color. 8. Sound. The proposed air conditioner. 9. Defense to Legal Challenges. The Property Owner shall indemnify, defend and hold harmless the City, its Council, Planning Commission, advisory boards, officers, employees, consultants and agents (hereinafter “City”) from any claim, action or proceeding (hereinafter “Proceeding”) brought against the City to attack, set aside, void or annul the City‘s actions regarding any development or land use permit, application, license, denial, approval or authorization, including, but not limited to, variances, use permits, developments plans, specific plans, general plan amendments, zoning amendments, approvals and certifications pursuant to the

Planning Commission Minutes - Draft August 14, 2023 11 California Environmental Quality Act, and/or any mitigation monitoring program, or brought against the City due to actions or omissions in any way connected to the Property Owner’s project (“Challenge”). City may, but is not obligated to, defend such Challenge as City, in its sole discretion, determines appropriate, all at Property Owner’s sole cost and expense. This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and costs of suit, attorney’s fees and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Property Owner, City, and/or parties initiating or bringing such Proceeding. If the Property Owner is required to defend the City as set forth above, the City shall retain the right to select the counsel who shall defend the City. Per Government Code Section 66474.9, the City shall promptly notify Property Owner of any Proceeding and shall cooperate fully in the defenses. 10. Building Height and Floor Level Verification. Prior to frame inspection, the applicant shall provide the Building Official written verification by a licensed land surveyor stating that the floor level and roof of the new addition is constructed at the approved heights above grade. 11. Construction Management Plan. The Property Owner shall develop a comprehensive Construction Management Plan. The Construction Management Plan shall address noise, vibrations, traffic control, parking, debris removal, dust control, sanitary facilities, site safety security emergency access, and other potential construction impacts, as well as other details involving the means and methods of completing the Project, including the construction route. The City Building Official has the authority to require modifications and amendments to the Construction Management Plan as deemed necessary throughout the course of the Project and until the Final Inspection. a. Construction Site Control of Stormwater. The California Regional Water Quality Control Board requires all projects that disturb the site to comply with Provision C.6 of the San Francisco Bay Regional Stormwater NPDES Permit in order to prevent construction site discharges of pollutants and other regulated materials during construction. As required by the Chief Building Official and prior to the issuance of a building permit, the Applicant shall develop and submit a construction stormwater management plan as part of the Construction Management Plan to achieve timely and effective compliance with Provision C.6. Permit Provision C.6.c.ii provides sources for site specific, and seasonally- and phase-appropriate, effective Best Management Practices (BMPs) that may be incorporated into the stormwater management plan. Copies of the Municipal Regional Stormwater Permit are available from the Piedmont Public Works Department and on-line at cleanwaterprogram.org. 12. Construction Completion Schedule. Work on the Project, once begun, shall be promptly executed with continuous good faith and reasonable progress. Since timely completion of this Project is of the essence, the Applicant shall submit for approval a Construction Completion Schedule, which will specify, in detail, the duration and percentage of the project as a whole for each phase. a. The Construction Completion Schedule with associated construction values for each benchmark shall set forth completion dates for the following benchmarks as needed: i) Completion of Excavation; ii) Completion of Retaining Walls; iii) Completion of Foundation; iv) Completion of Rough Framing; v) Completion of Electrical; vi) Completion of Plumbing; vii) Completion of Mechanical; viii) Completion of Fire Sprinklers; ix) Completion of Home; x) Completion of Hardscaping and Landscaping; and any further construction

Planning Commission Minutes - Draft August 14, 2023 12 benchmarks and conditions of occupancy as may be determined by the Director of Public Works. b. Before the Project begins, the Director of Public Works shall make a determination as to the reasonableness of the proposed completion dates applicable to the Project, and that determination shall constitute the Approved Construction Completion Schedule and be binding on the Applicant. The City may, at the Applicant’s sole cost, engage the services of a consultant to review the proposed Construction Completion Schedule and, to the extent the period allocated for any work appears unjustifiable, recommend to the Director of Public Works a reasonable completion date for any benchmark. c. In the event of a change in scope of the Project that would alter the benchmarks dates set forth in the Approved Construction Completion Schedule, or in the event the Applicant fails to meet a benchmark set forth in the Approved Construction Completion Schedule, the Applicant shall immediately submit a request to amend the Approved Construction Completion Schedule to the Director of Public Works. The request to amend shall be accompanied by a new proposed Construction Completion Schedule in compliance with subsection (a) of this condition of approval and the Director of Public Works shall evaluate the proposed amendments to the Approved Construction Completion Schedule in accordance with subsection (b) of this condition of approval. d. The failure of the Applicant to comply with the Approved Construction Completion Schedule, or any amendments to it approved in conformance with subsection (d) of this condition of approval, shall constitute a nuisance under the City of Piedmont City Code (“City Code”). The failure of the Applicant to comply with the Approved Construction Completion Schedule may result in the City pursuing administrative citations pursuant to Chapter 1 of the City Code, nuisance abatement pursuant to Chapter 6 of the City Code, or any other remedy available to the City under the law. Additionally, if the Applicant fails to comply with the Approved Construction Completion Schedule, the Director of Public Works, at his or her sole discretion, may make a claim against the Property Owner’s Site Security, if one is required, in order to complete the benchmark. The Director of Public Works, at his or her sole discretion, may refer the application to the Planning Commission for public review and direction. Moved by Batra, Seconded by Zucker Ayes: Batra, Jajodia, Strout, Zucker Noes: None Abstain: None Absent: Ortiz, Rowland ANNOUNCEMENT Director Jackson noted they are seeking a consultant to prepare objective design standards for all residential building types. He asked the Commission to think about forming a subcommittee and who might be interested. ADJOURNMENT There being no further business, Chair Strout adjourned the meeting at 6:43 p.m.

1 City of Piedmont Planning Commission Agenda Monday, August 14, 2023 5:30 p.m. City Council Chambers, 120 Vista Avenue, Piedmont, CA Piedmont Planning Commission meetings are conducted in person at City Hall Council Chambers. As a courtesy, and technology permitting, members of the public may participate virtually. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. Please see the end of the agenda for information on how to participate virtually. Call to Order Roll Call Public Forum Persons wishing to address the Planning Commission regarding items not on the agenda may do so during the Public Forum. In order for all speakers to be heard, the Commission normally limits individuals’ comments to 3 minutes. Disclosure of ex parte communications and identification of conflicts of interest Regular Agenda 1. Approval of minutes for the July 10, 2023, regular meeting of the Planning Commission. 2. Removal of Applications from Regular Session to Consent Calendar. Applications that receive unanimous Planning Commission approval by consent will be placed on the Consent Calendar prior to consideration of the remaining applications on the Regular Session agenda. 3. HOUSING POLICY UPDATE Staff will provide a verbal update on the activities of staff and City’s housing consultants related to the development of fair housing policy. This is an informational item only. 4. A PUBLIC HEARING REGARDING MULTIFAMILY OBJECTIVE DESIGN STANDARDS & ACCESSORY DWELLING UNIT INCENTIVES The Planning Commission will hold a public hearing to consider: (1) a recommendation to City Council to adopt an ordinance amending the Piedmont City Code; and (2) a recommendation to City Council to adopt proposed amendments to the City of Piedmont Design Guidelines. The proposed amendments to the Piedmont City Code include amendments to Division 17.38, Accessory Dwelling Units, of Chapter 17, Planning and Land Use, including new incentives for rent- restricted ADUs for applicants using new City-approved plans for ADUs. The proposed amendments to the Piedmont City Code also include amendments to create a new Division 17.67, of Chapter 17 to establish procedures and standards for ministerial review of multifamily and mixed-

2 use building types in Zone C and Zone D. Proposed amendments to the City of Piedmont Design Guidelines include: (1) new objective standards for architectural elements to be used by City staff to review development applications for multifamily and mixed-use building types; (2) pre-approved plans for ADUs; and (3) other conforming changes. The proposed amendments to the City Code and Design Guidelines are exempt under the California Environmental Quality Act (CEQA). The amendments to address pre-approved architectural plans for ADUs are statutorily exempt from CEQA pursuant to Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h) which exempts adoption of ordinances to implement Government Code section 65852.2 regarding ADUs. These amendments are also exempt under CEQA Guidelines, 14 Cal. Code of Regs. Section 15301 and 15303.The amendments related to Multifamily Objective Design Standards are exempt because it can be seen with certainty that there is no possibility that the adoption of Multifamily Objective Design Standards may have a significant effect on the environment. (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs. Sections 15061(b)(3), 15378.) Further, these amendments are exempt under CEQA Guidelines, 14 Cal. Code of Regs. Section 15301 and 15303. 5. DESIGN REVIEW 24 Crest Avenue DRPC2023-015 The application proposes to construct a new second-story addition, expand the existing first-floor kitchen, replace existing patios, add exterior lighting, and conduct interior renovations. CEQA Determination: The project is categorically exempt under the California Environmental Quality Act, pursuant to CEQA Guidelines Section 15301, Class 1 (e), Existing Facilities. Adjourn Members of the public may participate in the meeting virtually in the following ways: • Computer or smart phone: Click on https://piedmont-ca-gov.zoom.us/j/86331270724 • Telephone: Dial (669) 900-9128 and enter webinar/meeting number 863 3127 0724 To comment using the Zoom platform, click the “Raise Your Hand” button to request to speak when public comment is being taken. You will be asked to unmute yourself when it is your turn to make your comment. After the allotted time, you will then be re-muted. If you are dialing in by telephone, dial *9 to request to speak and *6 to unmute yourself when called. The meeting is also available for life and archived viewing on the City’s website at https://piedmont.ca.gov/government/meeting_videos as well as on KCOM TV, Comcast Channel 27 or AT&T UVerse Channel 99. Agenda Item Material The materials for the agenda items listed above are available for review upon request by contacting Planning & Building Director Kevin Jackson at kjackson@piedmont.ca.gov. A response will be provided during regular business hours 8:30 a.m. to 5 p.m. Monday through Thursday.

3 Procedural Notes 1. The Planning Commission welcomes you to its meeting which is regularly scheduled for the second Monday of each month. Your interest and participation are encouraged and appreciated. Members of the public will have an opportunity to be heard during the public portion of a hearing. While it is not mandatory, you are requested to give your name and address, comments and/or questions. In order that all interested parties have an opportunity to speak, please limit your comments to the specific subject under discussion. Time limitations are generally three minutes but shall be at the discretion of the Chairperson. You are not required to give your name and address, but doing so makes the meeting more efficient, enables the recording secretary to properly attribute comments in the meeting minutes, and will enable the City to send future notices concerning this application if there are any. 2. Applications are generally scheduled in the order in which they were submitted, but the Planning Commission reserves the right to change the order of applications on the agenda or change items from one calendar to the other without further notice. Each applicant is advised that if her or his representative is not present to speak to this application, her or his application may be acted upon and possibly denied. This meeting is required to end at or before 11:30 p.m. unless a majority of the Commission votes to continue the meeting. If your item has not been heard prior to the 11:30 p.m. deadline, your item may be continued to a future meeting. 3. Unless noted in the project description, the applications above have been deemed by staff to be categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities. 4. APPEAL - Any decision of the Planning Commission pursuant to Chapter 17 of the Piedmont City Code may be appealed by any interested party within ten (10) days to the City Council in accordance with the procedure set forth in Division 17.78, Appeals; Calls for review. 5. The Planning Commission may take a dinner break at approximately 7:00 pm. Any member of the public who needs accommodations should email the City Clerk at cityclerk@piedmont.ca.gov or call (510) 420- 3040 who will make their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Information about reasonable accommodations is available on the City website at https://piedmont.ca.gov. [28 CFR 35.102-35.104 ADA Title II] In accordance with G.C. Sec. 54954.2 (a) this notice, and agenda were posted on the City Hall bulletin board and also in the Piedmont Police Department on July 31, 2023.