Emeryville is praised for paying $100,000 to Oakland in the current year to support library services.  The payment comes mainly from the many businesses including: six banks, extensive retail businesses, multiple computer, biotech, and entertainment companies including Leapfrog, Lecg Corp, Pixar, Ziprealty inc Netopia, Chiron, Onyx pharmaceuticals, Geoworks, and others.   The Golden Gate branch of the Oakland library is convenient for use by Emeryville’s large workforce.  The residential population of Emeryville (2010 census) is 10,080, amounting to a contribution of $9.93 per Emeryville resident.

By contrast, Piedmont is a much smaller, almost entirely residential city with little business contribution to our tax base.  Piedmont’s population is 10,667 (2010 census). If Piedmont made a payment to Oakland Public library at the same per resident rate as Emeryville, it would be $105, 923.

Editor’s Note: A payment, of any amount, constituting a gift of public monies would be prohibited by state law. See prior articles.

A 2003 map of the State of California Seismic Hazard Zones covering  East Oakland, which includes Piedmont, shows areas prone to liquefaction or landslides. As shown on the map below, parts of Blair Park  are specifically indicated  in blue as a potential landslide area.

> Click to read more…

Oakland Public Library Director Carmen Martinez was the featured speaker at the League of Women Voters’ Holiday Lunch Program on Wednesday, December 1.  Martinez was charmingly modest about her appointment by former Oakland Mayor Jerry Brown in 2000, claiming she was > Click to read more…

A Letter from a Piedmont Resident on Blair Park:

The EIR as presented before [the City Council] cannot be certified. Specifically in my scoping and response letter, and public comments, I asked for:  (1) an examination of unscheduled use at existing fields and how that would relate to the proposal, and (2) the potential drain on police services, and (3) specific traffic issues first raised in the DEIR. I also raise the issue of pollution in this letter.  My comments were either > Click to read more…

Piedmonters gathered in the Science classroom of Havens School to hear about water use and conservation opportunities in California and across the nation.  Using rainwater and greywater instead of fresh drinking water for some tasks could lessen the strain on Piedmont’s sewer system and reduce EBMUD bills.  > Click to read more…

Another Consultant is proposed to be hired at an unspecified cost to produce a Moraga Canyon specific plan.

“The RFP does not set a price, but … [in 2019]  … the preparation of a specific plan cost an average of $544,237.”  according to ABAG.

On the Council Agenda, Tuesday, January 17, 2023 the City of Piedmont returns to the previously unexamined, controversial legal opinion of the Piedmont City Charter when the City Attorney dismissed the specific language within the Piedmont City Charter of requiring voter approval of proposed zoning changes. Agenda > >council-agenda 1.17.23

 This program requires an amendment to the City’s General Plan and the preparation of a specific plan to accommodate the density and create development standards for the unique site conditions. The required amendments would be reviewed by the City Attorney for conformance with the City Charter and other legal requirements. If it is determined that it is infeasible to develop this site during the planning process, the City will consider utilizing other City-owned properties as alternative sites (see Appendix B).

Funds generated by General Plan Maintenance fee instituted by the City on July 1, 2019 will provide significant funds for General Plan costs – plans and zoning changes. 

Currently, the fee is $0.013 x the construction cost valuation on building permits. The fee  generated $427,000 in FY 21-22 and the City expects a similar amount this fiscal year. The funds must be spent on updates and amendments to the General Plan and other auxiliary  documents (e.g., Climate Action Plan, Zoning Ordinance, Hazard Mitigation Plan, and a  specific plan). The City Council might consider increasing this fee to help cover the rising costs of land use planning.

READ the full staff report in the link below:

Moraga Canyon Plan Consultant 1.17.23

Stay Informed about the Moraga Canyon Specific Plan

After the City adopts a 6th Cycle Housing Element, a key piece of the implementation process will be the creation of a Moraga Canyon Specific Plan. This initiative will study all City-owned land in Moraga Canyon with the goal of creating a detailed plan for how to maintain and improve existing amenities while also incorporating new housing in the area.

The City expects to issue an RFP in late January seeking professional services to lead this process. Stay informed by subscribing to our Moraga Canyon Specific Plan email list.

Adding 587 new housing units –

COMMENT PERIOD IS NOW OPEN UNTIL JANUARY 8, 2023 –

Piedmont officials in the notice below provide no mention of the City Charter requirement for voters to approve zoning changes permitting many of the 587 new housing units necessary for an updated Piedmont General Plan.  Zoning code changes are  required to incorporate the pending Housing Element into the General Plan. The City notes  the necessity of “changes to the land use categories” without mentioning the City Charter requirements.

Since the Housing Element was first considered and subsequently approved by the City Council for state consideration, residents have mentioned numerous concerns regarding the addition of the 587 new housing units.  NOW, until January 8, 2023 is the time to inform the City of Piedmont of any environmental or other concerns you may have.  See below for contact address. If you want your concern or interest to be part of the permanent record, note it in your communication and ask that a copy be sent to the Piedmont City Council.

kjackson@piedmont.ca.gov is noted as the primary contact.

Why does the City Council want to take away voter control over Piedmont zoning? An elaborate effort is in progress to remove voters from deciding proposed zoning changes.

Do voters comprehend that the end of single-family zoning controlled by voters is currently being proposed by the City Council?

The City Council could have proposed to legitimately change the Charter language to take zoning control away from voters.  However, this action was not included in the recent ballot measure proposing numerous Charter changes.  The changes were approved by Piedmont voters.

The State requires 587 new housing sites in Piedmont.  The State does not specify how or where these units will go. And despite Piedmont’s recognized hilly terrain, substandard streets, and built-out condition, Piedmont needs to find areas within the City where the housing can be built.  Piedmont government does not have to build the units, but conditions and land must be available to all qualified entities (whether individual property owners or developer companies or non-profit corporations) to build the 587 housing units.

Piedmont is somewhat unique in that the City Charter does not bestow on the City Council the right to make the proposed zoning changes, unless approved by Piedmont voters. The State does not take voter rights away, for the State only requires complying with the regulations for building the 587 dwelling units. 

The City Council, not the State, is the government entity proposing to take voters rights away by changing zoning without voter approval.  

Piedmonts have for numerous decades retained the right  by law under the City Charter to control the zoning changes as proposed by the City Council in the Housing Element.  The City Council is not permitted to make the proposed zoning changes unless approved by the voters. 

Many want Piedmont voters to adhere to the City Charter and control zoning changes in Piedmont.  Others want the City Council to have complete control over changing single-family usage to multifamily high density use without voter approval.

The City Council members are sworn to uphold the laws governing the City of Piedmont.  The City Council appears to assume Piedmont voters will not vote to do what is best for Piedmont, thus they plan to eliminate Piedmont voters rights.  The City Council has shown a lack of confidence in Piedmont laws and Piedmont voters, thus opening the City up to litigation by those who want the City Charter as written to be upheld.

As Piedmont Election Voting Continues, the City Enters the Debate Among Candidates –

Using fliers, the City at great expense, continues to provide incorrect information on voters rights attempting to influence the current election on a primary election issue – voters rights regarding zoning.  

The latest flier by the City of Piedmont’s poses questions and answers written in italics, PCA responses are in bold.

Does the City Charter require a vote of the electorate to enact the zoning changes proposed in the Draft Housing Element? 

No. Piedmont’s City Charter explicitly states that the City Council is responsible for adopting and modifying the General Plan, which includes the Housing Element. The City Charter requires voter approval to change zoning district boundaries or move properties between zones. The Charter does not require a vote to modify uses and densities in an existing zone without changing boundaries. 

This and other inappropriate City statements are attempts to justify prior and proposed illegal actions taken by the City of Piedmont based on ill advice from counsel regarding the City Charter and the City Code.  The answer above does not conform with the wording in the City Charter and the City Code. 

Every zone in Piedmont has been designated as allowing single-family use/classification.  This includes the Public, Commercial, and Multifamily zones. Counsel’s advice has been to interpret Piedmont’s zoning incorrectly, allowing Single-family zoning uses to mean “all housing is housing” permitting multifamily high density housing wherever there is single-family zoning.  This is a perversion of the City Charter and the City Code which require voter control over the uses and classifications within a zone.  

Implementing Counsel’s advice eliminates single-family zoning in Piedmont and voter control as required under the City Charter.

The City Charter states:

“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.”

The City Charter state:

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 singlefamily 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. “

From the City of Piedmont website, it states, “ Piedmont is divided into five districts or zones. Within each zone only certain uses of land and buildings are permitted and certain other uses of land and buildings are restricted or prohibited. Other uses may be “conditionally” permitted if they meet certain criteria.”

All Piedmont zones are zoned for single-family use.

ARTICLE 2. ZONING DISTRICTS: USES AND REGULATIONS 17.20

 Zone A: Single family residential 17.22

 Zone B: Public facilities 17.24 

Zone C: Multi-family residential 17.26 

Zone D: Commercial and mixed-use commercial/residential 17.28 

Zone E: Single family residential estate

C. City Charter.

“The city’s zoning ordinance is also subject to the City Charter, particularly Section 9.01,

General Plan, Section 9.02, Zoning System, and Section 9.04, General Laws Applicable. Those sections read as follows: Section 9.01 General Plan. The City Council shall adopt, and may from time to time, modify a general plan setting forth policies to govern the development of the City. Such plan may cover the entire City and all of its functions and services or may consist of a Planning & Land Use 17-3 combination of plans governing specific functions and services or specific geographic areas which together cover the entire City and all of its functions and services. The plan shall also serve as a guide to Council action concerning such City planning matters as land use, development regulations and capital improvements.

Section 9.02 Zoning system.

The City of Piedmont is primarily a residential city, and the City Council shall have the power to establish a zoning system within the City as may in its judgment 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 maybe 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 singlefamily dwelling, and such rezoning shall not require a vote of the electors as set forth above.

Section 9.04 General laws applicable. All general laws of the State applicable to municipal corporations, now or hereafter enacted, and which are not in conflict with the provisions of this Charter or with ordinances hereafter enacted, shall be applicable to the City. The City Council may adopt and enforce ordinances that, in relation to municipal affairs, shall control as against the general laws of the State. In this subsection C, Section 9.02, the prohibition not to reduce, enlarge, or reclassify a zone without a vote is understood to mean the city may not change the zone boundaries, or change (reclassify) a property from one zone to another.  [ Language was produced by the City Planning Department, yet never voted upon by Piedmont electors. The City Code trumps any added language to the City Code.]

The City Charter does not state that a vote is required to amend regulations within a zone, such as allowed uses or density.

The City Council by accepting that voters have no control over “allowed uses or density,”  denies the zoning code which specifies the uses within zone – public, commercial, single-family, and multifamily.  What do the zone classifications mean if not how the area can be used within boundaries of the zone mean? 

 This analysis makes clear that a vote of the electorate is only required to alter the size and boundaries of existing zones, not to modifying uses within a zone.

This statement is incorrect.  To add multifamily high density uses to single-family use without voter approval obviously enlarges the area for multifamily zoning use/classification and reduces the size of the existing zone.   

Items regarding voter approval and illegal zoning changes can be found in City records including legal opinions and actions taken for the following:

CITY CODE:

“17.08.010 Establishment of zones. The zoning system of the City consists of two parts: (1) the City Charter, which contains the zoning policy and requirements for voter approval of zone classification changes; and (2) this chapter 17 of the City Code.

 The City is divided into five zones as follows:

• Zone A Single family residential zone 
• Zone B Public facilities zone 
• Zone C Multi-family residential zone
•  Zone D Commercial and mixed-use commercial/residential zone 
• Zone E Single family residential estate zone 

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. Other regulations may apply.”

Corrections and comments concerning all of the incorrect statements made in the recently distributed City flier have not been made. 

To read the entire City flier, click >charter-requirements-housing-element (1

Questions on the proposed Housing Element were posed by Garrett Keating followed by Answers from the City Planning Department, plus Interpretations.

1. Is the relocation of the Corporation Yard to Blair Park being considered as part of the Moraga Canyon Site Assessment?

Answer:  City staff considered the broader policy issue of identifying City parkland in the Housing Element sites inventory, starting on page 157 of the Draft Housing Element. Ultimately, staff recommended a Draft Housing Element that did not include parkland in the sites inventory as a primary site. Blair Park was identified as a possible “alternative site” in the text description of the sites inventory. Dracena Park and all City parks were considered for housing sites during the development of the sites inventory in the Draft Housing Element.  On August 1, 2022, the City Council directed staff to include Blair Park in the sites inventory as a primary site as part of a proposed Moraga Canyon Specific Plan study in order to consider all of the interrelated changes that may be necessary to locate housing in Moraga Canyon and improve City facilities at the same time.

The Moraga Canyon Specific Plan study will start with a request for proposals (RFP) or request for qualifications (RFQ). The RFP or RFQ will include a project description for the types of land uses and changes to be considered.

2. The Housing Element 102 presentation projected 82 units for the Corporation Yard.  Does that assume the Corporation Yard is relocated to Blair Park? If not, can you tell me the acreage that is available for housing in the Corporation Yard and how you arrived at 82 units for the Corporation Yard (50+32)?

Answer: Here is some background about the corporation yard site for the purposes of the Housing Element sites inventory. The corporation yard, alone, is approximately 13.6 acres. It is an approximate number because this land is also steeply sloping in some areas, and it has existing uses and facilities. Of the 13.6 acres, 3.7 acres are expected to yield 132 housing units. 100 of the 132 would be multifamily residential units at approximately 50 dwelling units per acre.  Please see Figure B-1 from the Draft Housing Element below.

On August 1, the City Council directed staff to re-distribute the housing units identified for sites in the civic center area. It is possible that some of the housing units (mainly moderate and above moderate housing units) could be added to the corporation yard site and a new Moraga Canyon Specific Plan study. These units would appear, if necessary, in the next iteration of the Draft Housing Element sites inventory this fall. Also on August 1, the City Council directed staff to include Blair Park in the Moraga Canyon Specific Plan study area.

Interpretation:  relocation of the Corporation Yard to Blair Park is currently not being considered in the identification of housing sites in the Housing Element.  The map shows that the Corporation Yard is to be maintained and staff does not indicate that they are considering it for housing.

3. The City Administrator discussed the income levels required for new residents to be eligible for low-income housing.  The City Administrator presented income data for city/PUSD employees, citing the number of employees that fall into the 4 categories between $69,000 and $150,000. I believe she concluded that 80% of city/PUSD employees are considered low-income.  Is that correct?  The income eligibility levels are based on the income for a family of 4.  Did the city administrator’s presentation account for this – are the employee numbers she presented for employees with families of 4 (or more) or were those incomes for individuals?

Answer: To follow up the email I sent on Monday, I confirmed that the income categories described on slide 10 of the presentation on August 18, 2022, were based on a family of 4 people and that the City and PUSD employees’ incomes were evaluated against this baseline family income. The analysis did not base the employees’ income categories on the size of their actual families.

Interpretation:  Using individual income levels of city/PUSD employees to characterize those employees’ eligibility for different low-income family housing overstates their eligibility.

4. The Planning Director presented a new total for ADUs of 142 and a new income distribution of 84/42/16 = 142. He attributed this new distribution to guidance from HCD and ABAG.  Can I obtain a copy of that guidance from the two agencies or can you direct me to a s source for it? 

Answer: Click on the following link to review the ADU projected income levels from ABAG guidance from June 2022: https://abag.ca.gov/sites/default/files/documents/2022-06/ADUs-Projections-Memo_final.pdf

Interpretation:  These new ADU allocations help Piedmont in that they count towards the city’s low-income unit target, lessening the need for low-income units elsewhere.  It should be noted the City has very little control over the actual rental or monthly rent of these units.

 Would moving the Corporation Yard to Blair Park make that side of Moraga Avenue more eligible for development.

“It is our understanding that a number of these facilities have significant capital deficiencies and that they are likely to require substantial renovation and/or replacement at some point in the near future. Because these sites are in strategic locations, it will be possible for the City to engage with the private sector to establish partnerships that would lead to the redevelopment of these facilities along with the identified housing programs.  These sites have value that the City can potentially leverage to attract private partners and to move forward on the basis of a public-private partnership that meets the community’s needs for improved facilities, along with the provision of additional housing.” From the City FAQ about Civic sites:

Both sides of Moraga Avenue can accommodate housing but on which side does the City have more leverage to improve facilities and add housing?  Working with developers, the City can certainly add low income housing to Blair Park but there are no facilities on that side of Moraga to improve, with the exception of the park.  The Corporation Yard offers multiple upgrade options. The City intends to expand Coaches Field to a 150 x 300 multi-purpose field and major reconfiguration of the space is needed.  The Corporation Yard itself is outdated – would a developer contribute to its relocation to eastern Blair Park for the right to develop the site?  The Moraga Canyon Specific Plan needs to include this analysis to achieve the best return to the community on the public land that will be converted to housing.

Garrett Keating, Former Piedmont City Council Member

Editors’ Note: Opinions expressed are those of the author and the City of Piedmont Planning Department.

READ PROPOSED  HOUSING ELEMENT :>  LWC_Piedmont_HEU_PRD_040822-compiledfix

New legal advice upends the rule of law in Piedmont regarding voters’ rights per the Piedmont City Charter and City Ordinances.

The Piedmont City Charter and City Ordinances require the City Council to propose the Housing Element, and Piedmont voters to approve the zoning changes –  sizes, use, and classifications.

According to Piedmont City Attorney within the proposed Housing Element, all Piedmont single-family zoning can be changed to high density multi-family zoning without Piedmont voter approval.  This current legal advice desecrates the rule of law in Piedmont regarding voters’ rights per the Piedmont City Charter and City Ordinances. Copied below.

Piedmont’s City Charter has protected Piedmont for nearly a century against intrusive commercialism, factories, high density housing, etc. by focusing on single-family residential zoning.  The Charter is clear. Placing multi-family dwellings/high density housing into single-family zoning, which is all of Piedmont, without voter approval is against Piedmont’s laws.

The single-family zoning classification in Piedmont is separate and distinct from Piedmont’s multi-family zoning classification. Classification determines the use and density allowed within a zone.  Multi-family classification is for multi-family use.  Single-family classification is for single-family use.  Commingling Piedmont multi-family classification zones and single-family classification breaches the City Charter and Piedmont Ordinances. 

Without voter approval, the Housing Element proposes the multi-family zone density will be increased to high density multi-family development and changing the single-family use classification as found in all zones to be changed to multi-family use. 

Piedmont zones are classified as: commercial, public, multi-family, and single-family.   All zones are specified as permitting single-family dwellings.  Unrecognized, Single-family classifications/use found in each zone cannot be interchangeable or described as proposed as multi-family zoning. 

The Housing Element proposes to allow high density multi-family classification to replace Single-family classification in zones used for commercial and public zones based on the false premise that single-family zoning allows higher density multi-family use without voter approval.  

Currently in Piedmont, all properties are zoned and classified for single-family dwellings. The State of California legislated a transformation of the Single-family classification to allow three (3) dwelling units:  a primary residence, an Accessory Dwelling Unit (ADU), and a Junior ADU built within the confines of the primary residence.  Essentially, the State outlawed the single family housing unit per parcel limitation.  Consequentially, the high density multi-family dwelling units proposed for Piedmont’s Housing Element will need the approval of voters to change the classification of single-family residential to multi-family residential.  The proposal jumps the number from 3 dwelling units to a proposed 40-100 units per parcel without voter approval, ignoring Piedmont laws. 

The City Council will need to propose a Housing Element that will gain approval of Piedmont voters or be faced with revisions to gain Piedmont voter approval.  

Piedmont’s City Attorney Michelle Kenyon has advised and stated that single-family zoning classification allows multi-family zoning including high density multi-family development by ignoring the City Charter language. Further Kenyon stated that voters do not control density in Piedmont. This advice destroys voter rights and rule of law making the Piedmont proposed Housing Element counter to the City Charter.

The intent and language of the City Charter describes single-family zoning and classification as “the only use on such property shall be a single-family dwelling. ”  The new legal advice provided to the City Council fails to recognize voter requirements compliant with the Charter. 

Voter approval for zoning changes have been placed on a ballot many times in Piedmont per the City Charter .

At the August 1, 2022, City Council meeting City attorney Kenyon asked Planning Director Kevin Jackson about how the city had implemented the City Charter in regard to voters’ rights.  Jackson provided two examples, which excluded voters, both of which were based on Kenyon’s or her law firms prior advice allowing multi-family residential use to supplant single-family use without voter approval.  

The Council was not informed by Kenyon or the Planning Director regarding a plethora of prior documented legal advice requiring compliance with the City Charter and for ballot measures to be put before Piedmont voters regarding zoning changes.  Significant prior legal advice can be found in the City’s archives countering City Attorney Kenyon’s advice, and requiring Piedmont voters right to control and approve zoning per the City Charter.

According to the Charter and City ordinances, the City Council is to propose plans for development of Piedmont, however these plans must comply with voter approval per the Piedmont City Charter regarding changes, such as as going from single-family use to high density multi-family use.

The state has anticipated zoning changes to accommodate Housing Element zoning changes to add the large increases in housing, for Piedmont it is 587 housing units, a 15% housing increase.  The state provides a specific amount of time 1-3 years to implement zoning changes outlined in an approved Housing Element.  To date, the state has not eliminated city Charters’ voter approval of zoning changes.

See Piedmont’s zoning map be clicking below:

  https://cdn5-hosted.civiclive.com/UserFiles/Servers/Server_13659739/File/Government/Departments/Planning%20Division/Zoning/Zoning%20Map%20-%202021-12-01.pdf?v=9uGc6RDmS

Piedmont 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 of Piedmont Ordinance :

Sections: 17.02.010

Title; City Charter 17.02.010 Title; Intent; City Charter.

A. Title. This chapter 17, Planning and Land Use, is also known as the zoning ordinance.

B. Intent. The City of Piedmont consists primarily of unique single-family residences set among mature trees and other vegetation. The residents wish to:

1. preserve the architectural heritage and beauty of the city’s homes, the mature vegetation, the tranquility and privacy that now exist, and significant views;

2. reduce on-street parking and traffic in the neighborhood streets and facilitate pedestrian and bicycle activity;

3. avoid overcrowding and its detrimental effects on city schools and other services and facilities;

4. preserve the city’s historical heritage;

5. preserve the existing stock of small homes and otherwise allow for a variety of housing types for all income levels, including single-family and multi-family dwellings;

6. ensure excellence of architectural design, and compliance with the Piedmont Design Guidelines;

7. allow retail, office, and service commercial uses that primarily serve city residents; and

8. promote property improvements without sacrificing the goals already mentioned.

These zoning regulations are designed to implement these purposes.

C. City Charter. The city’s zoning ordinance is also subject to the City Charter, particularly Section 9.01, General Plan, Section 9.02, Zoning System, and Section 9.04, General Laws Applicable.

Those sections read as follows:

Section 9.01 General Plan. The City Council shall adopt, and may from time to time, modify a general plan setting forth policies to govern the development of the City. Such plan may cover the entire City and all of its functions and services or may consist of a Planning & Land Use combination of plans governing specific functions and services or specific geographic areas which together cover the entire City and all of its functions and services. The plan shall also serve as a guide to Council action concerning such City planning matters as land use, development regulations and capital improvements.

Section 9.02 Zoning system. The City of Piedmont is primarily a residential city, and the City Council shall have the power to establish a zoning system within the City as may in its judgment 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 maybe 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 singlefamily dwelling, and such rezoning shall not require a vote of the electors as set forth above.

Section 9.04 General laws applicable. All general laws of the State applicable to municipal corporations, now or hereafter enacted, and which are not in conflict with the provisions of this Charter or with ordinances hereafter enacted, shall be applicable to the City. The City Council may adopt and enforce ordinances that, in relation to municipal affairs, shall control as against the general laws of the State.

In this subsection C, Section 9.02, the prohibition not to reduce, enlarge, or reclassify a zone without a vote is understood to mean the city may not change the zone boundaries, or change (reclassify) a property from one zone to another. [ Classification is the use. Zone names connote the useage, as commercial, public, multi-family, and single-family.]