How Piedmont Planners Saved Civilization

There's a noticeable lack among the few businesses within the Piedmont city limit — a dearth of what one might call "marginal" enterprises.

Instead, as you probably know, there's Mulberry's, a fashion boutique, a couple of gas stations, a hardware store and garden center, some banks and real estate agencies, private schools and preschools, professional offices and a few service businesses.

There are no massage parlors or marijuana dispensaries. And it's not because they haven't come looking for a home in Piedmont.

What's kept them out, quietly and without public zoning battles, is largely a single word: "primarily."

As in, businesses within the city are, under zoning regulations, supposed to "primarily serve Piedmont residents.”

The Piedmont Planning Commission will continue its ongoing look at proposed changes to the city's zoning regulations at its Monday, Oct. 14, meeting. It's in a staff report for that item where the importance of "primarily" surfaces.

Among the changes being contemplated are revisions to the conditional use permit process and to rules for mixed residential-commercial use projects. The commission took a first look at them during a Sept. 30 meeting.

"A comment was expressed during the September 30 meeting that the term 'primarily' should be removed from the CUP [conditional use permit] provisions and mixed use commercial-residential provisions that speak to new commercial uses that 'primarily serve Piedmont residents,'" City Planner Kate Black says in her report.

"Although staff did not initially identify a concern in removing the term, upon further reflection, staff is recommending it remain in the Code."

Here's why, as Black explains it:

"Many business owners or representatives scouting locations for a particular business call or stop by City Hall to discuss their proposed business and find out what the review process involves and what the likelihood for approval might be.

"Many of the potential businesses are non-controversial uses with low impacts, but some are not: staff have had conversations with people who are interested in opening medical marijuana dispensaries, massage parlors, and even a baldness correction establishment, to name a few.

"In every case, staff have been able to rely on the language that states that the proposed use would need to 'primarily serve Piedmont residents' – in essence be a local-serving use needed by a number of Piedmonters who would otherwise have to drive to another town to obtain.

"When the clothing store McMullen approached staff for their location on Grand Avenue, it became clear that the store would indeed be a local-serving use, as the business owner was able to supply a list of Piedmont residents who were already customers in her Oakland store.

"Recently staff was approached by a veterinarian who is interested in a space on Grand Avenue, and as there is no veterinary clinic in town, and there are a number of Piedmonters who are pet owners, this might be an appropriate use.

"However, in the conversations with the people looking for locations for the medical marijuana dispensaries, massage parlors, and the baldness correction establishment, staff was able to say that the owners would need to make a showing that there was a strong demand from Piedmont residents for those uses.

"While there are always a few people in any community who might appreciate the convenience of some of these uses, it is more likely that these uses are really more regional-serving and would attract most of their customers from communities outside Piedmont, with limited Piedmont customers.

"This 'primarily serving Piedmont' threshold or measurement usually scares businesses away that are just looking for a commercial space and that isn’t aimed at Piedmont’s demographics.

"The end result is that it helps retain our limited commercial square footage for other uses that really would be convenient to a number of Piedmont residents."

Black then quotes from the city's General Plan:

"Policy 2.1: Local Serving Emphasis: On the city’s limited commercial land supply, strongly encourage activities that meet the needs of Piedmont residents rather than region-serving activities. By supporting local-serving businesses in these areas, Piedmont can advance its goals of reducing driving, promoting walking, and creating a more balanced and well-rounded community."

She wraps up, "It is for these reasons that staff believes the term 'primarily serve Piedmont residents' is an invaluable tool to discourage uses that are not likely to be desired or used by a large number of Piedmonters, and recommends that it remain in the Code."

The planning commission meets at 5 p.m. Monday, Oct. 14, in the City Hall council chambers, 120 Vista Ave.

In addition to the prosed code revisions, the agenda includes a consultant's report and public hearing on updates to the Housing Element of the General Plan and nine requests for design review and variances. The complete agenda and related reports are available on the City of Piedmont website here.

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