Mar 18 2023

HEARING: HOUSING ELEMENT, GENERAL PLAN Piedmont City Council Adoption Monday, March 20

The City’s planning staff will bring the updated Housing Element to the City Council for adoption at their regular meeting on Tuesday, Monday, March 20th.

Since receiving comments on the City’s draft Housing Element from the California Department of Housing and Community Development (HCD) on February 16th, staff and consultants have been working to address the issues raised by State reviewers – primarily adding clarity, elaboration, and definitive scheduling for a number of the proposed programs.

The revised Housing Element is a 630 page document available here.

The document was published by 9am on Friday, March 17th as part of the agenda packet for the March 20th Council meeting. Changes from the previously published draft Housing Element are shown in track changes.

For example, on page 329 under

Emergency Shelters/Low Barrier Navigation Centers

the lines of red text with slash through are cut and replaced with adjacent blue text.

AGENDA:  March 20, 2023 Meeting:

https://cdnsm5-hosted.civiclive.com/UserFiles/Servers/Server_13659739/File/Government/City%20Council/Agenda/council-current-agenda.pdf?v=QH2wsa4Z2&v=QH2wsa4Z

Feb 14 2023

Remote participation ends March 1 for most Commissions, all Committees

Starting March 1, 2023, the City of Piedmont will discontinue remote participation for most
Commission and all Committee meetings. Community members will still be able to comment
remotely via Zoom for City Council and Planning Commission meetings. Park Commission and
Recreation Commission meetings will continue to be broadcast live on KCOM and streamed on the
City website.

This format change was prompted by changes to State regulations governing public meetings,
which had been relaxed at the beginning of the COVID-19 pandemic to support remote participate
for members of legislative bodies. Governor Newsom has announced his intention to rescind the
COVID-19 State of Emergency at the end of February 2023, at which point members of City
Councils, Boards, Commissions, and Committees statewide will be required to attend meetings in
person, with limited exceptions.

At their January 17, 2023, the City Council was briefed on changes to teleconference regulations
and was asked to give direction to staff on whether to continue providing remote participation
options for community members at Council, Commission, and Committee meetings.

After a detailed discussion, the Council chose to continue offering remote public comment for City
Council and Planning Commission meetings only, due to low remote participation for other bodies
and the strain on staff resources required to support hybrid meetings. Each remote or hybrid
meeting requires an additional staff member, working overtime, to manage the logistics and
operations of the virtual meeting.

More information is available in the agenda report, minutes, and meeting video for the January 17th City Council meeting.

City Press Release – February 14, 2023

Feb 13 2023

Housing Element Update: Comments from State reviewers expected this week

The City of Piedmont expects to receive written comments on the Draft Housing Element from the
California Department of Housing and Community Development (HCD) this week, following the
conclusion of the State’s 90-day review period.

Since the City submitted the Draft Housing Element for review on November 18, 2022, HCD
officials have been studying the document to assess how it addresses each item on the State’s list of
more than 100 specific requirements. Planning staff have been in active communication with State
officials during this period, holding multiple meetings to answer questions about the City’s plan
and taking the City’s reviewer on personal tour of the city to showcase the sites listed in the sites
inventory. An analysis of how the City’s proposed Housing Element addresses each of the State’s
requirements is available at PiedmontIsHome.org.

The City expects that HCD’s written comments will request some technical revisions to the Draft
Housing Element, as has been the case for most every other city. Planning staff will work with
HCD to develop any necessary amendments, then bring the proposed updates to City Council for
approval. Staff anticipate bringing the Housing Element to City Council for adoption in late
February or March.

Planning & Building Director Kevin Jackson will provide a verbal update on the status of the
Housing Element at the February 21, 2023 City Council meeting.

After adoption, City will have three years to implement new Housing Programs
If City Council adopts the Housing Element by May 31, 2023, the City will have three years to
implement a substantial number of the proposed programs and regulatory changes outlined in the
document. Some of this work has already begun – the City is currently soliciting proposals for a
consulting firm to lead the preparation of the Moraga Canyon Specific Plan, one of the core
elements of the City’s plan to accommodate 587 new homes by 2031.

For more information about the Housing Element update, visit PiedmontIsHome.org. With questions, email PiedmontIsHome@piedmont.ca.gov.

City of Piedmont Press Release – February 13, 2023

Jan 15 2023

Moraga Canyon Plan Consultant and Piedmont City Charter Implications

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.

Jan 15 2023

Brown Act Changes Impacting Piedmont Public Meetings

Will the Council revert back to not recording, broadcasting, or archiving video recordings of certain public meetings?  The cost of transparency via video broadcasts has proven to be minimal given the City budget. On the council-agenda 1.17.23

The California Brown Act has been amended and provisions changed.

NEW REQUIREMENTS:

If members participate remotely using the just cause or emergency provisions, the following additional rules apply:

• The legislative body must provide a way for the public to remotely participate in the meeting and must provide notice of how to access the meeting and offer comments

• The public must also be permitted to attend the meeting in person

• The body cannot require public comments to be submitted before the meeting but rather must be allowed in real time.

• Remote members must participate through both visual and audio (i.e. cameras and microphones on)

• Before any action is taken, remote members must disclose whether any other people over 18 years old are present in the room at the remote location and the general nature of the member’s relationship with the individual

 

Editors’ Note:  The Piedmont Civic Association has long advocated maximum adherence to Brown Act applicable public meetings such as commissions, committees, and City Council.  The Piedmont City Charter prescribes these meetings are to keep minutes, which has not been adhered to for even critically important Council appointed committees such as the Budget Advisory and Financial Planning Committee. 

The Public Safety Committee during the COVID protocols was newly recorded and live streamed.  Some meetings, the Annual City Budget Workshop and the interviewing of candidates for City Council, commission and committee appointments have historically not been recorded, broadcast, or archived leaving access to only those present at the meeting.

Transparency and accountability are important to the public and should be maximized by the City Council by improving the archiving of recordings, providing minutes, and live streaming of public meetings.

READ the staff report linked below:

Changes to Brown Act and Next Steps 1.17.23

League of California Cities – report > https://www.calcities.org/news/post/2022/12/15/brown-act-changes-are-coming-to-cities-in-2023.-here-is-what-to-expect

Dec 15 2022

Piedmont Plans a Negative Environmental Declaration for Housing Element

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.

Publicity in the PIEDMONT PLANNING DEPARTMENT NEWSLETTER ,,,,,,,,,12.8.2022

“Pursuant to the California Environmental Quality Act (CEQA), City staff recently completed an Initial Study for the Draft Piedmont 6th Cycle Housing Element, after receiving direction from the City Council and community feedback regarding the sites inventory in November 2022. The City’s environmental consultants had been waiting for a stable sites inventory to complete a project description and proceed with environmental review.

After conducting the Initial Study, staff determined that the Housing Element alone will have no adverse physical impacts on the environment because the Housing Element is a policy document, and additional implementation steps must be taken before any physical changes can occur. The City has issued a Notice of Intent to Adopt a Negative Declaration, available here. The Initial Study is published to the City website here and Piedmontishome.org here. The Initial Study is available in hard copy at Piedmont City Hall and the Montclair Branch Public Library, 1687 Mountain Boulevard, Oakland.

The Initial Study-Negative Declaration public comment period is from December 9, 2022, to January 8, 2023. Public comments can be made in writing to Kevin Jackson, Director of Planning & Building, 120 Vista Avenue, Piedmont, CA 94611, or via email to kjackson@piedmont.ca.gov

City staff and consultants are also in the process of preparing a programmatic Environmental Impact Report (EIR), pursuant to CEQA, for the General Plan amendments and changes to the City Code, that are envisioned in the Housing Element. The EIR will be released for public review before the General Plan amendments are adopted by the Piedmont City Council, and before the City prepares the draft changes to the City Code sections. General Plan amendments will include changes to the land use categories in the Piedmont General Plan’s Land Use Element to facilitate the development of 587 new housing units. The EIR will continue to provide the streamlining benefits that prompted the City in 2021 to consider a programmatic EIR. The EIR will study the full build-out of the growth allowed by the General Plan amendments and City Code changes.”
Dec 15 2022

Housing Element Sent to State Nov. 18, 2022

Draft Housing Element

Submitted to State HCD

On November 15, 2022, the City Council authorized staff to finalize the draft sites inventory and submit the Draft Piedmont 6th Cycle Housing Element to the California Department of Housing and Community Development (HCD). On November 18, 2022, City staff sent the Draft Housing Element to HCD for its 90-day review. The Draft Housing Element sent to HCD is posted to the homepages of the City website and Piedmontishome.org.

After each city submits a Draft Housing Element for review, HCD has up to 90 days to return comments with requested revisions. HCD has until February 16, 2023, to return comments on the Draft Piedmont 6th Cycle Housing Element.

The official State deadline for cities to adopt a compliant Housing Element is January 31, 2023. Working actively to minimize any period of non-compliance, Planning & Building staff are in regular communication with HCD reviewers. The City is optimistic that Piedmont’s Draft Housing Element will move through the review process swiftly.
Nov 27 2022

Multifamily Development Design Standards Can Impacted All Piedmont Properties

Any property in Piedmont can become the site of a new Multifamily density increasing project.

The recently released City legal opinion points to the 2017 definition of “reclassify” inserted in the Piedmont City Code that no one thought of great import.  It now seems that the new definition created for the City Code in 2017 may have been inserted for the purpose of nullifying the Piedmont City Charter specifying the zoning control designation to Piedmont voters in an attempt to reclassify Piedmont’s zones and uses without voters approval.  

Can a City Charter be nullified by a non-standard definition inserted many decades later by a City Council enacting a separate document, an ordinance, not approved by enacting voters who approved the actual language in the City Charter ?

Without voters amending the approved City Charter, can a non-standard definition retroactively replace a well-established term, “reclassify,” when the standard meaning of “reclassify” had been approved by voters and acted upon over years and years of the existence of the voter approved City Charter?

The Piedmont City Charter states:    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 single-family dwelling, and such rezoning shall not require a vote of the electors as set forth above.”

Since all Piedmont zones allow single-family residential buildings, the attorney’s opinion opens all Piedmont properties to multi-family high density housing without voter approval of the increase in residential density. 

Piedmont’s City Attorney determined that Piedmont voters rights outlined in the City Charter and the long history of zoning control by voters in Piedmont are not applicable to density, thus without voter approval multi-family high density housing is opened in all of Piedmont: Single-family Residential Zones, Public Zone, and Commercial Zone properties.  
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Vital now are the design standards for how these multi-family dwellings including high density housing are approved for construction in Piedmont by City staff, who will have “ministerial” control of the permitting process outside of public view and notice requirements. The staff simply refers to a check list of approved “objective design standards”, MODS, to decide if a project qualifies for a building permit.   Public hearings and neighborhood input are not a part of the permitting process. Only the staff can unilaterally determine qualification for a building permit based on the adopted standards.
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Importantly, the development of the City’s Design Standards for Multifamily Objective Design Standards (MODS) will impact all of Piedmont, since every property in Piedmont is zoned for single-family dwellings, and thus according to the City’s legal opinion makes all zones have a potential for a higher density multifamily use.  

The “Objective Design Standards (MODS)” are a response to state laws attempting to promote lower cost housing throughout the state, including Piedmont, by allowing Planning staff to make permit decisions based on adopted MODS design standards without public input.  Additional new legislation, further impacts housing in Piedmont by promoting multiple housing, yet not mentioned by the City in this proposed action.

The time to provide your input on matters such as set-backs, safety, parking, landscaping, etc. is now.

READ the draft proposal >

Piedmont Multifamily Objective Design Standards,

~~~~~~~~~~~~~~~~~~~~

City Announcement———— below.  Notations inclosed in brackets are not part of the City announcement.

Comments Sought on Draft Multifamily Objective Design Standards for Commercial and Mixed-Use Areas

[The standards will apply to all areas in Piedmont when multifamily housing is considered.]

Published October 7, 2022 by the City of Piedmont

Piedmont’s Planning & Building Department has published draft updated multifamily development design standards for public review and comment. The draft standards, officially called the Piedmont Multifamily Objective Design Standards, or “MODS,” would govern new development in existing commercial and multifamily zones.

[As Piedmont is currently proposing multifamily use in other zones, such as the Public Zone and Commercial Zone, the MODS criteria will be paramount to staff’s ministerial decisions on permitting development of multifamily structures without public input.]

[Piedmont’s City Attorney’s opinion has stated density in all zones is not controlled by voters. making these standards important for the exclusionary ministerial permitting purpose.   As applied by the City to the Commercial Zone and Public Zone, both are zoned for single-family use, as all of Piedmont, opening the Single-family Zone to multifamily high density usage ]

[ The City of Piedmont is proposing multifamily high density dwellings within Piedmont’s Public zone, which includes parklands and municipal properties, because the Public zone permits single-family residential dwellings and density can be increased without voter approval.  The design standards (MODS) would apply in all areas where housing is proposed for multifamily use. The new design standards are subject to implementation  for: Piedmont Public properties, Commercial, and Single-family zoned properties. ]

This project is separate from Piedmont’s Housing Element update and began in 2019, when the City applied for an SB2 planning grant to fund development of the standards. The purpose of objective design standards is to ensure new multifamily and mixed-use development aligns with and enhances the character of Piedmont’s neighborhoods.

[ Single-family residential zoning is contiguous to all Public, Commercial, and Multifamily use zones in Piedmont.]

These standards would apply to proposed developments in Piedmont’s Zones C and D, where mixed-use and multifamily development is already allowed. These areas constitute less than 5% of total land in Piedmont.

[The City Attorney’s opinion does not separate uses or limit residential uses in a particular zone.  The recently devised Mixed Use Zone was never approved by Piedmont voters as required by the Piedmont City Charter. The City Attorney’s opinion notes density increases are allowed because single-family zoning is permitted, announcing voters do not control density.]

The standards are intended to help maintain privacy and mitigate other possible impacts to neighbors and surrounding single-family properties. They provide specific guidelines for design elements like:

  • Setbacks, building placement, and façade design
  • Size, placement, and materials for windows and outdoor spaces like balconies and decks
  • Location and visibility of parking areas

Objective design standards are required by State laws, including > SB 35 (2017) and SB 330 (2019). The purpose of these laws is to streamline the review process for multifamily properties statewide, with the goal of easing development of housing that is affordable to both owners and renters at all income levels. Piedmont’s draft standards support this goal while ensuring new development will not compromise existing community character.

[The standards will be applied ministerially without neighborhood input.] 

The Planning Commission will hold a public hearing on the draft standards this winter, likely in December or January.

The timeline as set by the City Planning Department states acceptance of public comment on the draft standards through November 21, 2022. Community members can email comments to Piedmontishome@piedmont.ca.gov.

[If comments have not been sent by November 21, 2022, responders are welcome to send their comments after that date addressed to the Piedmont Planning Commission via the Planning Director Kevin Jackson, ]

kjackson@piedmont.ca.gov.

~~~~~~~~~~~~~~~

Additionally, comments may be sent to members of the Piedmont City Council, as the matter will be considered by the Council on a future Agenda.

To send comments to the City Council as a whole, email citycouncil@piedmont.ca.gov or send via U.S. Mail to the following address:

Piedmont City Council, 120 Vista Avenue, Piedmont, Ca 94611

Nov 19 2022

ADUs: Added Bedrooms, ADUs in Front Yards, Conveyance of ADUs to Separate Owner, City Charter

Monday, Nov. 21, 2022, City Council –

The City Charter once more is considered when adding housing units in Piedmont.  The City’s controversial Charter interpretation is presented in relation to the proposed ordinance expanding housing in Piedmont.

The City claims a recently adopted ordinance #17.02.C prevails over the City Charter, as copied below:

“CITY CHARTER The 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. City Charter provisions are expressly referred to in City Code division 17.02.C.”

Not all Planning Commissioners approved recommending approval of the proposed ordinance.  On a 3-1 vote the ordinance was recommended to the Council. There are  6 commissioners eligible to have participated in the consideration.

Should the Council approve a first reading of the recommended ordinance on November 21, 2022, a second reading could occur as soon as December 5, 2022, and the Code amendments would go into effect thirty days after that.

Perpetuated is the unequal distribution of housing in Piedmont.  One zone (Zone E) continues to require a lot size Minimum of 20,000 square feet, subject to exception for accessory dwelling unit construction set forth in division 17.38, whereas Zone A  location of the majority of Piedmont properties  require a Minimum lot size of 8,000 square feet.

 “Objective standards in the Piedmont Design Guidelines” are required, however these are yet to be approved and are forthcoming.  These standards have the potential to impact every property and neighbor in Piedmont.

 

“B. Ministerial review. The Director shall review each application ministerially to determine if the development standards in section 17.38.060 are met, and shall within 60 days of a completed application approve or deny the application, except if the application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with an application to create a new primary single-family or multi-family dwelling on the lot, the Director shall delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until permits for the new single-family or multi-family dwelling are approved. The Director will review the application without notice or public hearing. The time period for review may be tolled at the request of the applicant.”

READ the entire ordinance to be considered by the Council on Monday, November 21, 2022 by clicking HERE.

Participation and Nov. 21 Agenda > HERE.

 

Nov 12 2022

City Administrator Recruitment Survey

Public Input Sought: City Administrator Recruitment Survey

Residents are invited to help shape the selection process for Piedmont’s next City Administrator by completing a brief online survey.  The City is not collecting names or any other personal information from respondents to this survey.  The survey asks community members to share their thoughts regarding the recruitment at:

https://piedmont.ca.gov/government/city_news___notifications/city_administrator_selection_survey

Look for the “complete the survey online” link on the site.

• the most important challenges and opportunities the new City Administrator will face

• what skills and experiences are the most critical in a new City Administrator

• what management and leadership attributes should the City Council look for

• how the new City Administrator should interact with the community.

The survey will remain open through November 30th, 2022.

The City Council will use the input gathered in this survey to help guide its decisions during the selection process. Piedmont’s City Administrator is appointed by the City Council and is responsible for overseeing day-to-day City operations and addressing the priorities established by the City Council.

City Administrator Sara Lillevand intends to retire in Spring 2023 after the City Council has appointed a successor. Lillevand was appointed City Administrator by the City Council in 2019, after spending five years as Piedmont’s Recreation Director.

The Piedmont City Charter states the role of the City Administrator as follows:

SECTION 3.02 CITY ADMINISTRATOR

The City Council shall appoint a City Administrator for an indefinite term and fix his/her compensation. The administrator shall be appointed on the basis of executive and administrative qualifications. The City Administrator shall be the chief administrative officer of the city and shall be responsible to the City Council for the administration of all City affairs placed in his/her charge by or under this charter.

The administrator shall have the following powers and duties:

(1) Shall appoint all city employees.

(2) Shall discipline, and, when deemed necessary for the good of the City, suspend or remove City officers and employees except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter.

(3) Shall supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law and except further that the internal administration of each department shall remain with each department head.

(4) Shall attend Council meetings and shall have the right to take part in discussion, but may not vote.

(5) Shall see that all laws, provisions of this Charter and acts of the Council, subject to enforcement by him/her or by officers subject to his/her supervision, are faithfully executed.

(6) Shall prepare and submit the annual budget to the Council and shall supervise its administration after its adoption.

(7) Shall submit to the Council and make available to the public a report on the finances of the City each fiscal year.

(8) Shall make such other reports as the Council may require concerning the operations of City departments, offices and agencies.

(9) Shall keep the Council fully advised as to the financial condition and future needs of the City and make recommendations to the Council concerning the affairs of the City.

(10) Shall administer the personnel system of the City and, in particular, those matters involving the City’s personnel classification system and employee benefit and retirement plans.

(11) Shall maintain a system of City records.

(12) Shall perform such duties as are specified in this charter or may be required by the Council. (Charter Amendment 11/06/2018)

Comments may also be sent directly to the Council.

To send comments to the City Council as a whole, please send an email to citycouncil@piedmont.ca.gov.

2022-11-07 City Administrator Recruitment Survey

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