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

The City Council meeting of October 3, 2022 was cancelled because the City Administrator had a family emergency.  Now, the previously announced October 17, 2022 City Council consideration of the Housing Element is not on the Council agenda for the meeting.

The Housing Element adding 587 new dwelling units in Piedmont is one of the most pressing issues facing Piedmont’s future as a city, but has apparently, though unannounced, hit another snag.

Many Piedmonters had not realized the importance of the issue until recently. It appears both the Piedmont Planning Department and the City’s planning consultants misunderstood the State’s Housing Element deadline.   Piedmont and its costly consultants failed to realize January 2023 may be the deadline rather than May 2023 for submittal of the Housing Element to the California Department of Housing and Community Development for consideration.

Upon hearing from the public, the City Council required the Administration and Planning staff, along with the $1M consultant to answer a number of questions prior to further consideration of the Housing Element.  Information was to be presented and considered at the Council meeting on October 17.  There  has been no announcement or information on when the Housing Element will be publicly considered.

October 17, 2022  AGENDA HERE.

Candidates Who Tick All the Boxes

We live in a town with a wealth of talent and we are very lucky to have people who want to step up and volunteer for important civic positions. The work is hard. These volunteers have to listen respectfully to myriad opinions, work in partnership with many different stakeholders, pay careful attention to the regulatory landscape, and, ultimately, think holistically to make a lot of decisions that range from routine to especially thorny

I’ve done a lot of hiring in my career and there are four criteria I look for to make a successful hire: relevant work experience, capacity to learn, ability to be collegial and collaborative, and no bullies or creeps (see the Robert Sutton book for the more colorful reference). I use this same list when I vote. For me, the candidates who score highest in all my criteria are: Betsy Andersen, Jennifer Long, and Tom Ramsay for city council; and Ruchi Medhekar and Lindsay Thomasson for school board.

My husband and I have been in Piedmont for almost 25 years and I’m about to end my tenure on the school board after nine years. I know these candidates because I’ve worked with them or have watched them at work. To a person, they are smart, insightful, measured, respectful, and collaborative. They have significant skills from their professional and volunteer work that will serve us. They are thoughtful servant leaders who will ask good questions and will seek to find the best solutions given the many competing interests/viewpoints and the complex regulatory landscape.

These candidates are who I would like to see lead us in the next four years, who will honor the work and responsibility and will be respectful of the offices and staff who support these roles. I hope you will join me in voting for them.

Respectfully,

Amal Smith

Editors’ Note: Opinions expressed are those of the author.

Lindsay shows tremendous leadership abilities, dedication, and work ethic in advocating for all students. 

Dear Editor:

We couldn’t be more thrilled to unequivocally support Lindsay Thomasson in her campaign for Piedmont School Board. As elected parent representatives on the Superintendent Community Advisory Committee (SCAC), we have worked closely with Lindsay over the past year and have experienced firsthand her tremendous leadership abilities, dedication, and work ethic. 

Lindsay’s stellar communication skills, her inherent ability to listen to and connect with people, and her commitment to bridging the recent divisions in our community, lead us to believe there is no better person for the job. Lindsay holds herself to a very high standard and we have no doubt that she will have equally high standards for PUSD, ensuring we have a district that consistently pursues excellence for all.

Lindsay has been a strong leader in our community for many years, serving as president of Havens’ Parent Club, as parent representative on the Local Control Accountability Plan (LCAP) and as a Wellness Center Support Committee member, in addition to the SCAC. With such extensive volunteer experience, she is well prepared to take on the important role of school board member, bringing valuable knowledge about our community, our schools, and the challenges and opportunities in front of us. 

We are particularly excited to endorse Lindsay because she is an advocate for ALL students. She brings a unique and refreshing perspective as a mother of three children in various phases of their PUSD education, including a current elementary student, a PMS student, and a preschooler (future Havens student). With such a personal stake in seeing our schools thrive, we know she will be a thoughtful and transparent leader, weighing the many different stakeholder perspectives in all decisions.

Please consider joining us in endorsing Lindsay, donating to her campaign and signing up to have a lawn sign at your home. Visit her website at www.lindsayforpusd.com to learn more.

Keri Elmquist
Michelle McGilloway
Linda Wendel

Editors’ Note: Opinions expressed are those of the authors.

The Piedmont City Council is scheduling consideration of the proposed Housing Element on their agenda of Monday, October 17 .  Numerous residents have requested information of what a High Density Multi-family building might look like.

The Piedmont Planning Department has distributed a sketch of the Planning Department’s current concept of what high-density multi-family housing might look like in Piedmont.  The sketch is a 4 – 5 story building with dwelling units, shops and parking on the ground floor,

Of the 587 required new dwelling units in Piedmont, it is estimated that this configuration could possibly provide up to 40 units depending on property size. 

Draft Multifamily Objective Design Standards On October 5, 2022, the City’s housing staff [Planning Department] and consultants published a draft new generation of the Piedmont Design Review standards, called the Piedmont Multifamily Objective Design Standards, or MODS, for public review and comment. Click here to access the draft document. Public comment can be sent to the City today until to November 21, 2022. Piedmont Planning Department

At the November 8, 2022 election, Piedmont voters will elect three City Council members and two trustees on the Piedmont Board of Education.  Voters can vote for up to 3 candidates for the City Council and up to 2 candidates for the Board of Education.  Voting begins on October 10 and ends on Tuesday, November 8th at 8 p.m.

Ways to Vote

All registered voters will receive a vote-by-mail ballot for the November 8th election.  Ballots will be mailed starting Monday, October 10th.

Any voter who does not receive a ballot should contact the Alameda County Registrar of Voters Office at (510) 272-6933.   

Voters can turn in their ballots by mail or at an official Registrar of Voters secure drop box. Voting by Mail Ballots mailed through the post office must be postmarked by November 8th.

Ballot Drop Boxes

Ballots can be turned in 24 hours a day at any of 66 official Registrar of Voters secure ballot drop boxes across Alameda County. In Piedmont, there is a ballot drop box located near the mailboxes at Highland Way and Mountain Avenue. The Registrar of Voters picks up ballots from the drop boxes every day. The last pickup will be 8pm on Tuesday, November 8th, election day. Postage is not required for ballots submitted at the drop box.

Voting in Person

Alameda County voters can vote in person at any of 100 Vote Centers across the county. All vote centers will be open 9am-5pm from Saturday, November 5th through Monday, November 7th. On election day, vote centers will be open 7am-8pm. In Piedmont, the Veterans Memorial Building at 401 Highland Avenue will serve as a Vote Center.

Sample Ballot / Voter Information Pamphlet

The Registrar of Voters began mailing Sample Ballot / Voter Information Pamphlets to registered voters on Thursday, September 29th. Any voter who did not receive a sample ballot should contact the Alameda County Registrar of Voters Office at (510) 272-6933.

Voter Registration deadline October 24

The last day to register to vote for the November 8th election is Monday, October 24th. Those who are already registered are encouraged to check their registration status before October 24th to confirm that their information is correct. Residents will need to re-register if they have moved, changed their name, or wish to change their political party preference. Voter registration forms are available at the City Clerk’s Office in Piedmont City Hall, 120 Vista Avenue, Piedmont, 94611 and from the Registrar of Voters. You can also register to vote online at registertovote.ca.gov.

General Information

For questions regarding voter registration, sample ballots, or voting locations, voters should contact the Alameda County Registrar of Voters Office at (510) 272-6933.

Piedmont Election Voting Begins Monday, October 10

You can turn in your ballot:

• by mail
• at any one of 66 secure ballot drop boxes across Alameda County, including one in Piedmont near the mailboxes at Highland Way and Mountain Avenue
• at any Alameda County Vote Center from November 5th-8th

Remember to sign the back of your return envelope – otherwise your vote will not be counted.

For those who prefer to vote in person, you can vote at any one of 100 official Vote Centers across Alameda County. Vote Centers will be open:

• Saturday, November 5th – Monday, November 7th: 9am-5pm
• Tuesday, November 8th: 7am-8pm

In Piedmont, the Veterans Memorial Building at 401 Highland Avenue will serve as a Vote Center.

There are Choices for Voting – When, Where, How

Download Your Ballot beginning October 10 if you don’t want to wait for your mailed ballot to arrive.

https://www.acvote.org/acvote-assets/03_voting/PDFs/vca/Final%20Election%20Administration%20Plan.pdf

Voters can log in to their My Voter Profile located on the Registrar of Voters (ROV) website and access their Official Ballot, along with instructions on how to download, print, complete, and return their voted  ballot to the ROV by Election Day. Voters must download the ballot to their devices to read and mark  it with their personalized accessibility features. 

read more:

https://www.acvote.org/acvote-assets/03_voting/PDFs/vca/Final%20Election%20Administration%20Plan.pdf

2022-10-06 November 8th General Election

Utilizing factual information and critical thinking to discuss issues allows voters to make informed decisions. Voters need to be heard and provide input on an issue that will forever change the community.

The Housing Element, while necessary, must be done with community input, excellent planning and leadership.  In the California Department of Housing and Community Development Department(HCD) “building block” of the Housing Element is “Public Participation.”

Below is an excerpt from the California Department of Housing and Community Department.

“Housing issues affect the entire community – residents, employers, and the
public and private sectors. The public participation requirement of housing
element law presents an opportunity to engage constituents in a dialogue 
defining problems and creating solutions.” Housing Element Building Blocks

Had there been better and early communication and outreach to the community, we would not be in this predicament of many citizens confused about zoning, density bonuses, and the Housing Element. Dismissing the community’s opinion without a vote is not the democracy I would like to see in this community or anywhere.

There may be a cost for a special election, yet the contribution to ensuring inclusivity by each voter in this community cannot be undervalued. As HCD recommends the following:

“While the housing element must address specific statutory requirements, it is ultimately a local plan and should reflect the vision and priorities of the community.”

We might miss the “looming” deadline. Yet, we will have done the right thing to identify the correct sites with thoughtful, measured decisions that are in keeping with the long-term strategic planning of the city along with maintaining the charm and beauty.

Saving money and time should never be a reason to remove the right and privilege to vote.

Cori Recht, Piedmont Resident

Editors’ Note: Opinions expressed are those of the author.

SB 9 is not a core element of the proposed Housing Element.

A recent letter sent to residents by the City Administrator stated that one of the 4 core elements of the Housing Element is:

“Adopting zoning changes that would allow property owners to split certain single-family homes into duplexes, triplexes, or fourplexes, which is now State law (SB9).”

It should be noted that the split of single-family homes into duplexes is not an idea that originated with the Housing Element but with state law, SB 9, which took effect January 1, 2022. 

Under certain conditions, residents can split their lots and residences to create entirely new lots and housing; applications to do so must be approved expeditiously by local governments. The City may have already received applications from residents to do just that.

The reason for SB9 is to create new housing to address California’s housing crisis so it should be part of the Housing Element.  Unfortunately, the current draft  Housing  Element calls for a study of SB9 and does not propose any actual zoning changes that would implement SB9 once the Housing Element is adopted.  That’s unfortunate because other cities implemented SB9 shortly after it went into effect and are now using SB9 as a basis for projecting housing growth. 

By going slow on SB9, Piedmont lost the opportunity to account for SB9 units, thereby increasing density in other parts of town.  Perhaps by the time the Housing Element is approved in May 2023 the city can assign some numbers to this core element.

Garrett Keating, Former Piedmont City Council Member

Editors’ Note: Opinions expressed are those of the author.

Response to Letter from City Administrator

Everyone in Piedmont received a letter from Sara Lillevand, the City Administrator, dated September 30, 2022. The City Administrator is hired by the City Council and reports directly to the City Council. Therefore, we can assume that the letter was vetted and approved by the five members of the City Council.

The letter is extremely misleading.

1. The letter is a not too subtle endorsement of three candidates to the City Council who oppose a vote on the Housing Element;
2. As stated in the letter, the City has been working on the issue for 18 months yet this city-wide letter was sent five weeks before the election;
3. The letter includes the statement that any future development would have to meet Piedmont’s design standards. This is not true, see Schreiber v. City of Los Angeles and Bankers Hill 150 v. City of San Diego. Both cases illustrate that the state’s Density Bonus Law supersedes a city’s local ordinances and zoning laws. The Density Bonus Law provides developers with incentives and waivers of building restrictions for set-backs, parking and height.
4. The letter outlines the plan to include 132 homes on City-owned land (Moraga Canyon). This land is in Zone B (Park and Public Land). Zone C is zoned for Multi-family units. The plan is a de-facto re-zone which according to our City Charter requires a majority vote of the citizens of Piedmont.  Further, once the plan is approved a developer can enforce development using the state’s Density Bonus Law that overrides Piedmont’s design restrictions thereby making development economically feasible. At that point a vote will be too late.
5. Piedmont Municipal Code §17.08.010 provides that “[i]f a use is not permitted or conditionally permitted, it is not allowed.” Piedmont Municipal Code §17.22.020 lists the permitted and conditional uses allowed in Zone B. Multi-family units are not permitted or conditionally permitted in Zone B. To build multi-family units on property located in Zone B requires a vote to re-zone the land pursuant to §9.02 of our City Charter.

Adding 587 units to the city of Piedmont will forever change the city.  We must delay submission of the Housing Element plan until we understand all ramifications of the plan. We must review available options and then vote on those options. True engagement by the community requires a vote and the result will be a viable Housing Element plan.

Bridget Harris, Piedmont City Council Candidate

Editors’ Note: Opinions expressed are those of the author.