The City of Piedmont is in an untenable situation. The City failed to appeal the allotment of 587 housing units in the city under the stated mandated Housing Element. The City failed to provide options that the residents could consider and then vote upon with sufficient time to then submit a HE plan.
Requirement for a Vote before land can be re-zoned. The areas under consideration for the Housing Element include park and municipal land, such as the Moraga Avenue properties and 801 Magnolia Avenue. These properties are in Zone B. Section 17.08 of the Code of the City of Piedmont is titled “Establishment of Zones; Zoning Map; Interpretation” and provides that the city is divided into five zones. “Within each zone, certain uses of land and buildings are allowed as permitted or conditional uses, and certain other uses of land and buildings are restricted or prohibited. If a use is not permitted or conditionally permitted, it is not allowed.” Section 17.22.020 states “The following are permitted uses in Zone B: …A single family residence … City building…Public School…Parks…Cemetery…Emergency shelter…”.Multi-family residences are not a permissible use in Zone B (Blair Park and 801 Magnolia).
Section 9.02 of the City Charter provides that “…The Council may classify and reclassify the zones established, but no existing zones shall be reduced or enlarged with respect to size or area, and no zones shall be reclassified without submitting the question to a vote at a general or special election. No zone shall be reduced or enlarged and no zones reclassified unless a majority of the voters voting upon the same shall vote in favor thereof; provided that any property which is zoned for uses other than or in addition to a single family dwelling may be voluntarily rezoned by the owners thereof filing a written document …stating that the only use on such property shall be a single-family dwelling, and such rezoning shall not require a vote of the electors as set forth above.” The Charter clearly states that the ONLY time a vote is not necessary is when property in Zones B, C, D or E is converted to a single family residence.
Requirement to submit a Plan. The state of California wants the City to present a plan showing where 587 units can be built within the boundaries of Piedmont by January 31, 2023. Failure to submit a plan by that date could result in various penalties; most of which do not apply to the city. The one penalty that could apply during a period of noncompliance is the ability of a builder to force the city to approve permits for building affordable housing. This penalty assumes there is property available for development (sale) in Piedmont and that the cost of construction is such that the builder will reap a profit.
There have been many discussions in the city that we just submit a plan with the understanding that it is unlikely the housing will be built. However, recently the HCD responded to a plan submitted by Santa Monica that the city had to show actual timelines for construction of housing on any city owned sites. If Piedmont submits a plan that includes city owned property the state can then force the city to act on that plan. Any plan that is submitted can be enforced and by then we will have no voice in the process. Further, it will set a precedent that the zones in Piedmont are meaningless. https://smdp.com/2022/04/29/too-many-units-too-little-time/ .
The Choice. The decision is between three choices: 1) Submit a plan that includes park and municipal land without a vote to rezone those lands which is a violation of Section 9.02 of our City Charter and could result in overbuilding in the city center and Moraga Avenue as well as undermining our zoning laws or 2) Submit a plan that is contingent on a vote to rezone certain areas for multi-family housing or 3) Delay submission of a plan, provide the necessary information so the electorate can make informed decisions and schedule a special election with options so that we can decide the future of Piedmont.
If the City Administrator’s letter dated September 30, 2022 had been sent early in 2022 there would have been time for a Special Election. However, at this juncture we must decide which is less harmful to the city of Piedmont; the possibility of the Builder’s Remedy being exercise versus our right to vote on the reclassification of zones in Piedmont.
I believe we should delay submission of a plan. We must bring the matter to a vote in Piedmont which will offer us a voice in the process, resolve the conflict in the community, preserve our Charter, allow multi-family housing projects in areas zoned accordingly and prevent future litigation. The city has already spent almost a million dollars in analyzing where the units could be placed and the people immediately rejected the city center location. This time let the citizens of Piedmont decide by a vote – it will be worth the cost.
Almost two-thirds of Southern California’s cities failed to meet their state housing plan deadline. We should immediately determine locations in Piedmont for affordable housing, summarize the options in a clear format (including maps), mail the information to each residence, prepare for a special election and elect new leadership that keeps Piedmont informed and engaged with a vote.
Bridget Harris, Candidate for the Piedmont City Council
Do The Right Thing: Add A Site in Central Piedmont Site To The Housing Element
Can a Piedmont resident who finds the city’s history of excluding minorities morally offensive object, in good conscience, to the proposal to house 100 or more low-income families in Blair Park? Unequivocally, yes.
A half century of research reports that concentrating and segregating low-income families in places as isolated as Blair Park creates stigmatized neighborhoods that induce oppositional culture among residents, particularly children. Don’t believe me? Go to the Google Scholar website (https://scholar.google.com/) and search on “stigmatized neighborhoods low-income housing.”
Is there a better way to comply with the State’s requirement for identifying sites for low-income housing? Yes, but doing so takes courage our City Council has yet to show. The Council needs to identify 5 sites which can accommodate about 40 units each of low-income housing. City staff, paid housing consultants, and a Council-appointed citizens committee worked months to identify more than enough appropriate sites without listing Blair Park. Those locations, however, included several city-owned parcels in central Piedmont where homeowner opposition quickly scared the Council from choosing a site. The site selection process, with central Piedmont excluded and with time running out to produce a Housing Element, has become increasingly opaque and arbitrary. The Council has now, out of apparent desperation, turned to the politically safe but morally offensive solution of segregating 100 or more low-income families in Blair Park.
At this late date, the least segregated solution for Piedmont would include: 2 sites physically integrated into the 200 or so State-required market rate units planned for the area around the Corporation Yard; 2 sites on Grand previously suggested by the city staff; and 1 site in central Piedmont. Highland Way, which now serves essentially as a parking lot, should be decommissioned as a street and made available for 40 units of low-income housing in central Piedmont. The height and massing of such units need not exceed that of the institutional and commercial buildings around them. Residents of the new units would be near schools, public transit, and services. No public facilities would need relocation.
So yes, a Piedmonter offended by the city’s exclusionary history can, indeed should, oppose the Blair Park scheme because the Council has less segregated alternatives. Implementing these solutions will, however, take courage our Council will unlikely show unless Piedmonters offended by exclusionary policies make their concerns known.
Ralph Catalano, Piedmont Resident
Editors’ Note: Opinions expressed are those of the author.
Saturday, November 5th
Piedmont residents will receive an AC Alert emergency notification around 9am on Saturday, November 5th asking them to participate in the City’s first ever community wildfire evacuation drill. This exercise will help residents improve their own readiness to evacuate in a wildfire, and also give emergency responders important training in real-world situations. Most residents will receive an alert with instructions for a wildfire readiness activity to complete at home.
Residents on Maxwelton Road, Abbot Way, Echo Lane, and Nellie Avenue will receive a different alert instructing them to evacuate their homes and go to Community Hall. Emergency responders will be knocking on doors in this neighborhood around 9am on November 5th as part of the drill. Alerts will be delivered via text message and email.
Following the drill, everyone is invited to a wildfire preparedness event starting at 10am at Piedmont Community Hall (711 Highland Avenue).
Following remarks from City officials, participants will have an opportunity to ask questions and share observations from their experience.
“Our changing climate means wildfires are more frequent and destructive than ever” said Piedmont Fire Chief Dave Brannigan. “By taking the time now to prepare our homes and practice evacuation, we will all be better prepared to take lifesaving actions quickly when a fire comes our way.”
Anyone not yet registered for AC Alert notifications should sign up by visiting acalert.org or texting their zip code to 888-777.
Piedmont and Alameda County public safety officials will use this system to send evacuation warnings and orders in a fire, earthquake, or other emergency.
Advance registration for the preparedness event at Community Hall is encouraged. To register and for more information about the November 5th drill please visit piedmont.ca.gov/WildfireDrill.
2022-10-31 Community Wildfire Evacuation Drill and Preparedness Event on November 5
As we head towards the home stretch of the November 8th election, and for those who have not yet voted, let me share with you my thoughts of why I support and voted for Betsy Andersen, Jennifer Long, and Tom Ramsey for Piedmont City Council.
As a 40-year Piedmont resident, longtime volunteer for the City, former Mayor and City Council member, I know what it takes to effectively serve on the City Council. Betsy and Jennifer, as incumbents, have demonstrated their ability to listen to all viewpoints, thoughtful analysis of issues, being collaborative, their leadership, and have a commendable history of volunteering in our community. I have met with Tom and am impressed with his professional background as an architect, service on the Planning Commission for 7 years, and his many other volunteer activities, utilizing his professional experience and skills for the benefit of the community. Tom’s colleagues and neighbors have nothing but praise for Tom’s expertise, fairness, problem-solving and decision-making abilities, and leadership. Tom will be a strong addition to the Piedmont City Council.
John Chiang, former Piedmont Mayor
Editors’ Note: Opinions expressed are those of the author.
Undiscovered by Piedmont Planners and Consultants, the deadline for State approval of the Piedmont Housing Element (HE) is NOT the previously relied upon May 2023 date. The required State and City approval date is January 31, 2023. This recently recognized date has required great urgency to promptly submit an HE plan to the Housing and Community Development Department for their prompt consideration and comments. The new HE is not available at the time of this publication.
Following the November 8th City Council Election, on November 15th the City Council will move ahead to authorize the revised Housing Element and submit it to the State. The time of the meeting was not provided nor the staff report.
The Piedmont Planning and Building Department has scheduled an informational, in person, November 9, Open House the day after the City Council Election to inform the public of the revised Housing Element. This is NOT an occasion to gather public input for the City Council. Broadcasting for home viewing access has not been announced.
Since August 1, 2022, Piedmonters have waited to receive information on the numerous changes and answers to questions regarding the proposed Piedmont Housing Element (HE) prior to consideration by the City Council and the subsequent HE submittal to the California Housing and Community Development Department.
Changes to the prior HE proposal have been kept well away from the public and the Planning Commission. The newly proposed HE was not found on the city website. An exception to public direct mail was an election influencing all city mailer along with various fliers found on the City’s heavily touted website piedmontishome@piedmont.ca.gov.
At the November 15, 2022 City Council special meeting the City staff, Planning Consultant and City Administrator will seek City Council authorization to submit the City’s Draft Housing Element to the California Department of Housing & Community Development (HCD) for review.
The Planning & Building Department will host an informational open house on Wednesday, November 9th where community members can learn about proposed updates to the Draft Housing Element as well as timelines for submittal, certification, and implementation process. This event is not noticed as an occasion to take public input on the proposed changes to the HE.
On August 1st, 2022, the Piedmont City Council directed staff to analyze the viability of potential changes to the Draft Housing Element, including:
• Increased reliance on Accessory Dwelling Units (ADUs) to meet State-mandated housing production targets
• Relocation of affordable units in the sites inventory from the Civic Center area to the mixed-use zone on Grand Avenue
• Expansion of the Moraga Canyon Specific Plan area to include all City-owned property along Moraga Avenue
Staff and consultants have completed the analysis directed by the City Council and will be
presenting a revised sites inventory that reflects the results of that analysis to the City Council.
The official State deadline for cities to adopt a compliant Housing Element is January 31, 2023. Once the City submits a Draft Housing Element for review, HCD has up to 90 days to return comments with requested revisions. Working actively to minimize any potential period of non-compliance, Planning & Building staff are in regular communication with HCD reviewers. “The City is optimistic that once submitted, Piedmont’s Draft Housing Element will move through the review process swiftly.” Piedmont Press Release.
“Informational Open House November 9
In person community members can learn more about the proposed updates to the Draft Housing Element
and next steps at an upcoming informational open house:
Wednesday, November 9, 5-6:30pm
Piedmont Community Hall in Main Park
711 Highland Avenue”No new information was released with the announcement. The open house is NOT scheduled to be an opportunity to take public input on the revised HE. Given the location in the Community Hall and general format of the meeting, it is unlikely that home viewers can participate in the Informational Open House.
At the event, Planning & Building staff will share their information and answer questions about:
• proposed changes to the Draft Housing Element sites inventory
• timelines for Housing Element adoption and implementation
• what to expect over the next three years, as the City implements the policies and programs outlined in the revised Draft Housing Element.
Only if the City meets the deadline approval of January 31, 2023 will there be 3 years for implementation, otherwise the City would have under a year for implementation. Implementation of HE proposals will require zoning changes and trigger the voter approval per the City Charter according to numerous informed readers of the Charter. Voter approval of zoning changes has been denied by City officials, who attempt to convince voters they have no right to vote on proposed zoning changes, including turning parkland and all single-family zoning into multi-family high density housing units.
The open house will also provide information about consequences for non-compliance with State deadlines and how they impact Piedmont, including the process known as the “builder’s remedy,” which limits a city’s ability to deny applications for new development while its Housing Element is out of compliance.
For more information about the Housing Element update process, community members can visitPiedmontIsHome.org, the City’s online hub for housing policy issues in Piedmont.
Staff are continually updating the site as part of the City’s ongoing effort to make the Housing Element update process more accessible. The newly revised HE proposal was not provided with the City Press Release. Interested individuals are directed toward the city website piedmontishome@piedmont.ca.gov.
Comments about the Housing Element can be emailed to piedmontishome@piedmont.ca.gov.
To send comments to the City Council as a whole, please email citycouncil@piedmont.ca.gov. or send via U.S. Mail at the following address:
City Council
City of Piedmont
120 Vista Avenue Piedmont, CA 94611
READ the City Press Release below:
2022-10-31 Housing Element Special Council Meeting and Informational Open House
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