Piedmont Faulty Interpretation of Charter Regarding Zoning Changes
Piedmont’s zoning system is being corrupted.
Interchanging single-family zoning and multiple-family zoning is impossible under the Piedmont City Charter. Piedmont has a zone specifically for multiple-family dwellings, yet under the City Attorney’s interpretation of the City Charter, all zones are multiple-family zones corrupting Piedmont’s zoning system controlled by voters.
In the staff report for the August 1, 2022 Council meeting regarding adding 587 housing units, the City’s interpretation denies the actual and complete language in the City Charter. The full wording of the Zoning System in the Piedmont City Charter describes the use of the 5 zones.
There is a specific zone for multiple housing and there is another zone for multiple housing use. Single-family zoning is allowed in all Piedmont zones. Single-family dwelling use under state law permits a house, an ADU (Accessory Dwelling Unit) and an additional unit within the confines of the main house making 3 housing units possible within Piedmont single-family zoned parcels.
Interchanging single-family zoning and multiple-family zoning is impossible under the City Charter.
Since all Piedmont zones allow single-family dwellings, permitting multiple family dwellings on all Piedmont parcels corrupts Piedmont’s City Charter and the ability of voter to control zoning in Piedmont.
The City’s incorrect statement is copied below:
“Therefore, a vote of the electorate would not be required since, under Section 9.02 of the Charter, and its historical interpretation by the City Attorney, changes to the density within each zone do not require a vote of the electorate.”
Are all parcels going to be changed in size to allow the multiple housing proposal of the HE plan? This eliminates voter control in this work-around plan to remove voter approval as stated in the City Charter.
The City’s interpretation of the Charter relies on several missteps made by City Officials regarding zoning, none of which have the pervasive and overwhelming impact of the proposed HE changing zoning uses without allowing Piedmont voters in densifying Piedmont with multiple-family proposals in zones.
The City minimally owes it to Piedmont voters to research City records for not only the intent of the City Charter, but the actual words as copied below.
City Charter ARTICLE IX. General Provision
SECTION 9.02 ZONING SYSTEM The City of Piedmont is primarily a residential city, and the City Council shall have power to establish a zoning system within the City as may in its judgement be most beneficial. 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 executed by all of the owners thereof under penalty of perjury 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.
City Staff report for August 1, 2022 states:
“6) Questions Regarding the City Charter Questions have come up regarding Section 9.02 of the City Charter, and whether increasing densities or adding another residential use category within existing zones would require a vote of the electorate.
Agenda Report Page 9
“The City’s Charter provides that “[t]he 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.” (City Charter, Section 9.02.) A vote of the electorate is thus required when changing a zone’s boundary or changing the zone of a property from one zone to another zone, but not to change densities for already allowed uses. Therefore, a vote of the electorate would not be required since, under Section 9.02 of the Charter, and its historical interpretation by the City Attorney, changes to the density within each zone do not require a vote of the electorate.
As noted in the City statement above, the use described by the zoning is totally omitted with the argument that density can be added to any zone without voter approval making all zones multi-family zoned.
The issue is one of great import as Piedmont voters are excluded from this monumental decision.
The City Council will consider this Charter issue on August 1. 2022. Three of the City Council members are licensed members of the California Bar Association, Andersen, Long, and McCarthy.
Well — it’s clear that the City Council is intent upon over-riding the provisions of the Charter to impose their will, and that of Sacramento, on Piedmont citizens. So — if they won’t put this up for a vote of the citizens, then we will have no choice but to vote to kick them all out of office. Wat say you all?