Oct 16 2022
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