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.

Why does the City not want a new City Council to consider the Housing Element?

The City is planning to have the proposed Housing Element approved prior to the November 8, 2022 Election and has agendized consideration of the Housing Element for the October 17, 2022 Council meeting.

The City is moving ahead of the City Council election to approve the Housing Element.  The regular October 3, 2022, City Council meeting was cancelled without explanation* during the contested City Council campaign when candidates and the public could have recorded their opinions at the meeting on the Housing Element or other issues.  The City Council during their regularly scheduled, but cancelled, meeting on October 3 could have amplified Housing information and made factual corrections to City positions.

Residents of Piedmont received the unprecedented City Administrator’s letter dated September 30, 2022 approximately a week before voters may begin voting in the election.  The letter disparages the positions of certain candidates and supports the positions of other City Council candidates, while claiming to provide factual information about the Housing Element. 

The City Administrator, Sara Lillevand and Mayor Teddy Kind are responsible for setting the Council meeting agendas. Lillevand has announced her retirement by April 2022 and King, is a “lame duck” and will no long be on the Council following the certification of the November 8 election.

Correction and amplification of information sent to voters by the City Administrator on September 29, 2022:

• The Charter states the Council shall proposes a zoning plan, but where zoning is proposed to be changed as within the proposed Housing Element voters must approve the zoning changes.
• An approved Housing Element is not just a plan to sit on a shelf, for the State requires implementation and developers and property owners gain legal rights.
• The Housing Element once approved by voters and the Council becomes law in Piedmont with all incumbent factors, such as lawsuits, site locations, property rights, and the rule of law.
• The City Council members and the City staff do not have the authority under the City Charter to change the zoning as proposed.  The Piedmont City Charter states clearly, “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;”
• Only the voters per the City Charter have a right to approve the proposed Housing Element zoning changes.
• The City owns much of the property proposed to receive a zoning change, but changes will need voter approval, if the City Council adheres to the City Charter.
• Referring voters to the City website leads to false and incomplete information.
• No written legal opinions on Piedmont voters rights, density, single-family housing, classifications, reclassifications, or Piedmont liability have been provided publicly, indicating legal problems, and avoidance of providing points and authorities for public consideration.
• Despite threats to Piedmonters, the Piedmont City Council and City staff have known of the need for voter approval of proposed zoning changes and failed to date to schedule voter consideration to meet the State deadline of May 23, 2023.
• The loss of local control by the City’s rejection of legally required voting over zoning is happening now in Piedmont, not because of Sacramento, but because the Piedmont City Council is not following  the City Charter and scheduling the required timely local election for continued voters control of zoning in Piedmont.
• The City continues to spend well over a million dollars on banners, consultants, puzzles, incorrect flyers, staff time, and a letter thwarting Piedmont’s City Charter and voters rights, while complaining about potential election costs.
• Sending a City letter to Piedmonters shortly before an election regarding  a contested campaign issue is legally questionable particularly by using false and incomplete factual information.
• The City Administrator’s letter mentions nothing about the duty of the City Administrator to uphold the City Charter as requiring voter approval of the proposed zoning changes.

 For decades, a core principle of PCA is following the rule of law and upholding voters rights. 

• UPDATE: The City Clerk announced on 10.3.2022, “The City Council meeting scheduled for Monday, October 3rd has been cancelled due to a medical emergency in the City Administrator’s family.” 

Dear Piedmont Senior Planner Macdonald,

     The requirement for Piedmont to add 587 new housing units to its current inventory of nearly 4,000 is huge and controversial.  Obviously, creating a few high density housing sites would be very disruptive to the “look and feel” of Piedmont, even in its few commercial zones.

     Is the City considering a gentler approach of slightly increasing the allowable number of units on existing properties?  Allowing more floor area and more impervious coverage of lots could be calculated to enable more ADUs or similar multi-family residences without drastically changing Piedmont’s primarily single-family look.  Is this being considered as an alternative to high density development?

     If incremental increase in housing density was offered as the solution, the next question would be how to implement actual construction.  While some individual homeowners might take advantage of incentives like tax breaks (primarily because they already desire an ADU on their property), that may not fulfill the entire 587 requirement.

Another implementation strategy might be to engage developers to design and build on the lots of willing property owners.  The developers would collect the rents and associated subsidies from those units until their investment and a negotiated profit margin were repaid.  Thereafter, the units would become the sole property of the lot owner, thereby increasing the value of the property for either its current owner or a subsequent owner.  The property owner would not be burdened with managing, financing, nor implementing the construction, but would have design veto over the project.  Again, the property tax that would accrue from the additional units’ value to the existing property could be waived for a number of years as part of the subsidy program.  Does this look like a feasible solution?

     Thank you for taking the time to consider these ideas.  I would appreciate your response when convenient for you.

I am a 44-year-long resident of Piedmont.  While retired now, I have a Masters degree in Urban and Regional Planning and worked as a GIS Consultant for many local cities and counties.

Sincerely,

Bruce Joffe, Piedmont Resident

The City Council is urged to listen to the expertise of residents and take on the challenge – to investigate, question and push back against the ABAG / HCD 587-unit requirement and demand a fair process.

Dear Mayor King and City Council Members,

At the August 1st City Council meeting, in my rush to cover several topics, I was remiss in not thanking all Council Members and Staff for all their efforts to date on the General Plan. I apologize for that omission. In my career, I have served on a few Boards and fully appreciate the time and effort required by that service. Thank you.

Given the limited presentation time available to speakers at the meeting, however, I do feel that it is important to restate my position regarding the Draft Housing Element.

When Piedmont’s Housing Element requirement was initially announced, the Piedmont Planning Staff informed the residents that, even though the requirement of 587 units was nearly 10 times the previous requirement, ‘Piedmont should take on accommodating 587 units AS A CHALLENGE’. There was no mention of Piedmont challenging the 587-unit number despite the extraordinary increase over the previous General Plan requirement (60 units). If that discussion did occur between the Staff and the Council, then those minutes should be made available to clarify the record.

It appears to me that we are at a juncture where the solutions proposed in the Housing Element and the acceptance of some of those solutions by a significant number of residents are at odds. That is why I propose challenging the premise that 587 new units can be accommodated in Piedmont.

Why challenge the State HCD (Housing and Community Development Dept.) requirement?

One reason is that the State Auditor was directed to evaluate the needs assessment process that the HCD uses to provide key housing guidance to local governments. The Auditor’s report, dated March 17,2022, concluded that the HCD does not ensure that it’s needs assessments are accurate and adequately supported.

The Auditor found errors such as; not considering all the factors that State Law requires; no formal review process for the data it uses; the HCD could not support its use of various vacancy rates.

What was the HCD’s response to these very serious findings about their processes and due diligence?

The HCD said they would review their processes over the next year, but they did not commit to reviewing or modifying any of the current cycle of projections. The HCD 6th Cycle projected a need of 2,300,00 housing units for California. However, prior to that, in August 2020, the HCD projected a need of only 1,170,000 units for the same time period – about half the current requirement.

On the Federal side, Freddie Mac’s projected need for 6th cycle housing was 1,320,00 units in February 2020. These wide variations in projected housing need coupled with the State Auditor’s findings about the HCD’s procedures converge to magnify the need to examine the HCD 6th cycle requirement with a very healthy skepticism and to institute a very serious investigation or as some other like-minded cities have done – that is to band together and legally challenge the HCD on their process and projections.

We must remember that the General Plan is on an 8-year cycle and Piedmont will need to submit a Plan again in 2031. The State will likely impose another housing requirement on Piedmont then.

How many units will be required and where will those units go in 2031? What legacy will be left for the City Council of 2031?

All that adds to the urgency in challenging the 587-unit requirement now. To work toward an acceptable compromise of this issue with the HCD, it would also be very important for the City to establish an acceptable and attainable number of units that the planners believe can reasonably be accommodated in the current 6th cycle.

In any negotiation, if Piedmont can emphasize it’s prior compliance with the HCD requirements and exhibit a good faith effort to accommodate a significant new housing increase over prior General Plans ( say a 2-fold or 3-fold increase ) it would go a long way toward establishing the seriousness of Piedmont’s position and commitment.

Nevertheless, based on the uncertainty of the HCD population projection process, it is very important that we and other cities push back and demand more transparency and accuracy from the HCD now.

Another reason – numbers matter. Many of the objections to the Housing Element come down the extraordinary means needed to try to accommodate 587 units while trying to maintain a sense of identity for Piedmont. If, for example, Piedmont’s Housing Element were only a 3-fold increase over the existing requirement and Piedmont need only accommodate 180 new units, I believe that the Housing Element would now be approved and in our rear-view mirror. This is just an example, but it makes the point that numbers do matter – and accuracy and fairness of process also matter.

Another reason – our Fair Share. In the Aug. 1 Council meeting, many residents stated their beliefs that Piedmont should provide its fair share of housing units. I wholeheartedly agree, but how is the fair share derived? I believe that it is vital that our fair share should be derived from a fair and open process given the magnitude of its impact on our City.

There should also be some recognition of Piedmont’s constraints – that it is predominantly built-out and that the City faces reconstruction or new construction of its Essential Services Buildings ( ESB’s ) which could significantly affect some of the few available parcels in the City.

Recent meetings and discussions all expose the fact that the Housing Element, the structural integrity of the ESB’s (which, in my opinion, should be Piedmont’s HIGHEST PRIORITY) and a Master Plan for the Downtown parcels are all intertwined, yet none of these issues has a solid implementable plan. That fact strengthens the position that Piedmont should not proceed with submission of a Housing Element containing 587 units. That is why I strongly urge the City Council to listen to the residents and take on the challenge – to investigate, question and push back against the HCD 587-unit requirement and demand a fair process.

Respectfully submitted,

Donald Chandler AIA Piedmont Resident

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

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

Bridget Harris, candidate for the Piedmont City Council, voices, “The City Council should carefully consider applying the “Walkable Oriented Development” (“WOD”) approach to all possible locations and present the results to the community for approval before submitting any proposal for the 6th Cycle Housing Element.”

As the City of Piedmont addresses potential locations for additional housing to meet the 6th Cycle Housing Element, the following criteria should be considered:
1.      Maintain the culture and character of the City;
2.      Maintain traffic safety and security in the City;
3.      Minimize the loss of park land and open space;
4.      Offer locations that maximize the efficiency of construction and living.

A study by the American Enterprise Institute suggests that these criteria can best be met by “Walkable Oriented Development” (“WOD”).  This approach focuses development in areas within a ten minute walk of services and infrastructure. WOD focuses on the placement of multi-unit housing close to existing supermarkets, pharmacies, restaurants and public transportation.  It allows an increase in density while minimizing the need for the construction of additional infrastructure. WOD also makes it easier and less expensive for low income owners/renters to access necessary services thereby reducing traffic impact .

Piedmont doesn’t have a WOD location in the center of the City nor does it have a WOD area along Moraga Avenue.  It doesn’t make sense to force expensive and inefficient high density development in these locations.  However, Grand Avenue and Park Boulevard could become WOD areas with significantly less expense and disruption to the existing community.  The City Council should carefully consider applying the WOD approach to all possible locations and present the results to the community for approval before submitting any proposal for the 6th Cycle Housing Element. 
https://www.aei.org/wod/

Bridget Harris, Seaview Avenue, Candidate for City Council

Editors Note: Opinions expressed are those of the author.

The Piedmont City Council starting at 6:30 pm will consider the following at their Monday, September 19, 2022 meeting. Full staff reports are linked below the various noted items.

• AMENDMENT TO BUILDING AND CITY CODE  TO EXPAND PIEDMONT’S REACH CODES –  https://piedmont.hosted.civiclive.com/common/pages/DisplayFile.aspx?itemId=18933092
• EVALUATION OF CALLS TO THE PIEDMONT POLICE DEPARTMENT .https://piedmont.hosted.civiclive.com/common/pages/DisplayFile.aspx?itemId=18933094
• REPUBLIC SERVICE WASTE PICKUP PERFORMANCE REVIEW https://piedmont.hosted.civiclive.com/common/pages/DisplayFile.aspx?itemId=18933096
• HOUSING ELEMENT RESULTS TOWARDS CURRENT GOALS https://piedmont.hosted.civiclive.com/common/pages/DisplayFile.aspx?itemId=18933090

“In 2021, six small accessory dwelling units (ADUs) in Piedmont that received final building permit inspection would likely have rents affordable to residents earning low-income wages. Three ADUs finaled in Piedmont would likely have rents affordable to moderate income residents. Three new ADUs are so small (336 s.f. or less) that they would likely rent at rates affordable to households earning very low incomes, and another two ADUs (337 s.f. and 901 s.f.) were approved under prior City ordinances and have restrictions limiting occupants’ incomes and rents to very low rates for a period of 10 years. Finally, two new ADUs would likely rent at rates above moderate income due to their size and number of bedrooms. There were no single-family residences completed in Piedmont in 2021. For addresses, sizes, and numbers of bedrooms, see the list of completed ADUs for 2021 below.  See full staff report linked above.

“During the calendar year 2021 the City of Piedmont gave final inspection approval to building permits for 16 new accessory dwelling units (ADUs) in 2021. In addition to the 16 that received final inspection approval, the City of Piedmont issued building permits for 23 new ADUs. Zero (0) building permits were issued for new single-family homes, bringing the total number of building permits issued during the 2015-2023 term up to 96 permits. The City’s issuance of building permits for new housing units exceeds the overall goal set by the State of California in the RHNA for the 5th Cycle Housing Element by 36 housing units. However, production of very low-income units has lagged, resulting in a total since 2015 of 18 building permits for very low income units, where the RHNA goal is 24. The following staff report provides background and analysis on the annual progress report.” Staff report.

Agenda and participation details:

>  https://cdn5-hosted.civiclive.com/UserFiles/Servers/Server_13659739/File/Government/City%20Council/Agenda/council-current-agenda.pdf?v=T0ocGxUAQ