Surprise Revisions to Planning and Land Use Ordinance: Monday, June 5
City Council revisions of City Code Chapter 17, Planning and Land Use on Council agenda.
Brown Act Compliance Question:
Compliance with the Brown Act is in question for proper noticing of zoning change considerations at the Monday, June 5, 2017 meeting. The official agenda indicates changes are only to Zone D, yet changes to land use regulations in other zones are proposed. Only Zone D is mentioned in the agenda listing.
The agenda states: ” 06/05/17 – Introduction and 1st Reading of Ordinance 733 N.S. Amending Chapter 17 of the City Code Related to the Grand Avenue Sub Area of Zone D“
Only those who previously requested personal announcements received a different wording of the announcement of the agenda item stating: “Introduction and 1st Reading of Ord. 733 N.S., Adopting Revisions to City Code Chapter 17, including: updates to the regulations for zone D related to: …….” (See the rest of the wording below to compare the two versions.)*
Zoning Controversy –
There is a controversial and perhaps unlawful statement within the proposed ordinance stating the change to land use in Zone D complies with the City Charter. However, contrary, official information on the intent and language of the City Charter has been presented to the City Council, indicating a Piedmont vote is required for changing Zone D (Commercial) to Mixed Use. Reclassification wording within the Charter has been shown to mean a change of use within a zone; thus changing Commercial to Mixed Use, indicates the need for voter approval. The City has offered the language below in an apparent attempt to avoid voter approval per City Charter language.
The newly proposed language states:
CITY CHARTER and REVIEW BY CITY ATTORNEY: The proposed modifications to the City Code are in conformance with the City Charter, including section 9.02. No zones have been reduced or enlarged, and no zones have been reclassified. The proposed modifications to the City Code, the ordinance and the CEQA determination have been reviewed and approved by the City Attorney.
*City letter sent to those requesting information: ~~~~~~~~~~~~~~~~
*An item on the agenda for the City Council’s regular meeting scheduled for Monday, June 5, 2017 is the Introduction and 1st Reading of Ord. 733 N.S., Adopting Revisions to City Code Chapter 17, including: updates to the regulations for zone D related to:
- residential density,
- lot coverage,
- structure height,
- setbacks and
- parking; and
- various technical corrections to a recent comprehensive update to the chapter.
- proposed amendments to the regulations for Zone D are the same as those presented at the community workshop held on May 3, 2017.
You can find more information on the proposed revisions to the regulations for properties in Zone D – and the technical corrections* – by visiting the City’s webpage on the topic. It is there that you can also find links to the staff report for the June 5, 2017 City Council meeting and the slideshow presentation for the May 3, 2017 community workshop on Zone D Grand Avenue.
Provide your comments by attending the meeting and addressing the City Council, and/or by submitting written comments via email to the City Council or on paper to 120 Vista Avenue, Piedmont, CA 94611
by Kevin Jackson, AICP, Planning Director, City of Piedmont, 120 Vista Avenue, Piedmont, CA 94611 Tel: (510) 420-3039 Fax: (510) 658-3167
