Jan 16 2020

Piedmont City Council, Tuesday, Jan. 21, 2020, 7:30  p.m., City Hall – viewable on the City website under videos.

At the Piedmont Planning Commission on Jan. 13th, numerous questions arose regarding changing Piedmont’s ordinances for Accessory Dwelling Units (ADUs) to conform to City staff interpretation of newly passed state laws.  Some of the issues raised were parking, notice, public input, number of people living in an ADU, safety, distance from public transit, staff review process, design review considerations, plantings, landscape requirements for privacy, construction plans, necessity to act prior to complete information, etc.

Four of the Planning Commissioners, voted to recommend approval to the City Council, with one opposed (Levine).

An important question has arisen regarding the necessity of moving ahead with a new Piedmont ordinance prior to the California Department of Housing and Community Development issuing a directive on how the new laws are to be implemented.  Piedmont’s Planning Staff acknowledged publicly it had been challenging to meld three new statutes together because of conflicts and lack of clarity.  Some community members have indicated the proposal includes unnecessary items while excluding items as noted above.

Nowhere in the staff documentation is there a direct correlation between the new state laws and the proposed changes to Piedmont’s laws. 

Given that the new state laws may (unless Charter cities are ruled exempt on zoning) preempt any conflicting Piedmont ordinances not complying with the new state laws, it has been stated that a hasty adoption of an incomplete new ordinance is not in Piedmont’s favor and should not be enacted by the Piedmont City Council until issues are resolved.

According to the Piedmont Planning Department, State laws place limits on a local jurisdiction’s ability to regulate ADUs (Accessory Dwelling Units) and Junior Accessory Dwelling Units (JADUs).  The staff report does not quote the relevant State law language for each inconsistency it cites.

READ the proposed Ordinance  HERE.

Comments can be sent to the Piedmont City Council for their first consideration on Tuesday, Jan. 21 by clicking below. 

citycouncil@piedmont.ca.gov.

To send comments via U.S. Mail, use the following address: Piedmont City Council c/o City Clerk, 120 Vista Avenue, Piedmont, CA 94611.

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The staff recommended revisions to Piedmont’s ADU ordinance to address the identified inconsistencies with state laws are:

a. Once an application for an ADU has been deemed complete, the City has 60 days to take action on it, rather than the currently required 120 days.  What action does state law require and does it require the proposed changes immediately? 

Contrarily, if approved by the legislature and Governor, SB 50 would require beginning after January 1, 2023 creating new inconsistencies:

A local agency must notify a multi-family development proponent if the application does not qualify for ministerial approval within 60 days.  (However, a local agency could exempt a project from streamlined ministerial approval if the project will cause a specific adverse impact to public health and safety.)  To qualify, the project must be constructed on vacant land or convert an existing structure that does not require substantial exterior alteration into a multifamily structure, consisting of up to 4 residential dwelling units and that meets local height, setback, and lot coverage zoning requirements as they existed on July 1, 2019.

b. ADUs must be allowed in every zone in which residential use is allowed. In Piedmont, this is every zone.

c. A requirement for owner occupancy on the property is no longer allowed, at least through 2025.

d. Architectural review of construction related to an ADU is allowed, but it must be done ministerially without public hearing.

e. Any minimum size standard for an ADU must allow 850 square feet for studio or one-bedroom units, and 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (The current code limit is 800 square feet.)

f. When a garage or carport is demolished or converted for the purpose of creating an ADU, no replacement parking can be required, and existing nonconforming setbacks and coverage can be retained.

g. In addition to a regular ADU, the City must also allow a JADU. Both an ADU and a JADU can be constructed on a single lot.

h. There are four categories of ADUs the City must approve by right:

1. One ADU and one JADU within the existing building envelope of a single family dwelling, with an expansion of up to 150 square feet for ingress and egress.

2. On a lot with a single-family dwelling: A detached ADU that is not more than 800 square feet, that is no more than 16 feet in height and is set back at least 4 feet from side and rear property lines.

3. Within existing multi-family residential buildings: multiple ADUs converted from areas not currently used as living space (at least 1 ADU and not more than 25 percent of existing dwelling units).

4. Not more than two detached ADUs on a lot with an existing multi-family residential building that are no more than 16 feet in height and are set back at least 4 feet from side and rear property lines.

BACKGROUND: Current Regulations

The City adopted the current regulations for accessory dwelling units in May 2017. In brief, the current regulations require an owner of a single-family dwelling to seek an accessory dwelling unit permit to create an ADU as a dwelling unit independent of the primary residence. Except for Exempt ADUs (those created before 1930) either the primary or accessory dwelling unit must be owner occupied. The ADU may be attached or detached, but must have a separate exterior entrance.

As required by state law, an application for an accessory dwelling unit permit must be processed ministerially (without a public hearing) if it meets all the standards required for the ADU permit. New buildings or changes to buildings that are intended to contain the ADU require separate design review and building permits and must meet design review criteria and zoning provisions for buildings, or a variance from those provisions.

Revision of Incentives for Affordable Housing

The current code imposes a limit of 800 square feet on all ADUs and authorizes the Planning Commission to grant an exception to the size limit for units up to 1,000 square feet if the owner agrees to rent the unit to a low income household for a period of 10 years,

Page 2 of 112  – or 1,200 square feet if the owner agrees to rent the unit to a very low income household for a period of 10 years (Sec. 17.38.070.C.1).

Since May 2017, the City has received no applications for an ADU requesting an exception from the unit size requirement and has approved no ADU permits with a rent restriction.

The state law changes the minimum size standards permitted under local regulation, requiring revision of the City’s exception provisions. In accordance with Government Code section 65852.2(a)(3), it is recommended that exceptions to size requirements to provide an incentive to create affordable housing be processed ministerially.

City of Piedmont General Plan Housing Element

The majority of the General Plan Housing Element for 2015-2023 (separately available on the City’s website) is devoted to ADUs (referred to as second units in the Element) because, as a built-out city, ADUs are the main means by which the City is able to provide new housing units, either market rate or affordable.

Housing Element policies and programs that relate to ADUs include the following:

Policy 1.2: Housing Diversity. Continue to maintain planning, zoning and building regulations that accommodate the development of housing for all income levels.

Policy 1.5: Second Units. Continue to allow second units (in-law apartments) “by right” in all residential zones within the City, subject to dimensional and size requirements, parking standards, and an owner occupancy requirement for either the primary or secondary unit. Local standards for second units may address neighborhood compatibility, public safety, and other issues but should not be so onerous as to preclude the development of additional units.

Policy 1.6: Second Units in New or Expanded Homes. Strongly encourage the inclusion of second units when new homes are built and when existing homes are expanded.

Program 1.C: Market Rate Second Units. Maintain zoning regulations that support the development of market rate second units in Piedmont neighborhoods.

Policy 3.1: Rent-Restricted Second Units. Continue incentive-based programs such as reduced parking requirements and more lenient floor area standards to encourage the creation of rent restricted second units for low and very low income households.

Policy 3.2: Occupancy of Registered [Permitted] Units. Encourage property owners with registered [permitted] second units to actively use these units as rental housing rather than leaving them vacant or using them for other purposes. Page 3 of 112

Policy 3.3: Conversion of Unintended Units to Rentals.Encourage property owners with “unintended second units” to apply for City approval to use these units as rental housing. “Unintended” second units include spaces in Piedmont homes (including accessory structures) with second kitchens, bathrooms, and independent entrances that are not currently used as apartments.

Policy 3.4: Legalization of Suspected Units. Work with property owners who may be operating second units without City approval to legalize these units. Where feasible and consistent with the health and safety of occupants, consider planning and building code waivers to legalize such units, on the condition that they are rent and income restricted once they are registered.

Policy 3.5: Second Unit Building Regulations. Maintain building code regulations which ensure the health and safety of second unit occupants and the occupants of the adjacent primary residence.

Policy 4.4: Updating Standards and Codes. Periodically update codes and standards for residential development to reflect changes in state and federal law, new technology, and market trends.

Policy 5.2: Second Units, Shared Housing, and Seniors. Encourage second units and shared housing as strategies to help seniors age in place. Second units and shared housing can provide sources of additional income for senior homeowners and housing resources for seniors seeking to downsize but remain in Piedmont.

CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22: In September 2019, Governor Gavin Newsom signed AB 68, AB 881, and SB 13 into law.  

Read the full Planning Department Report by clicking below

Planning-ADU-Report-2020-01-13

 

Dec 2 2019

Council relents and removes the language change in the  proposed Special Municipal Parcel Tax Ordinance to be voted on at the March 3, 2020, Primary Election.

On December 2, 2019, Piedmont’s contract City Attorney, Michelle Marchetta Kenyon, continued to maintain her opinion that the proposed language change was not substantive.  Her opinion was disagreed with by many in Piedmont.

Vice Mayor Teddy King noted her concern over changing the language if the result was the same, for it added voter confusion. She stated many residents had stated the change from INCLUDING  to MAY INCLUDE was substantive.

Speakers Hedi Gerken, Kathleen Quenneville, and Liane Campodonico agreed with King, that the language should not be changed, while voicing it would be a substantive change allowing services to be dropped by the Council.  The Council had also received opposition to the language change by  emails, letters, and comments.

Council member Betsy Andersen, an attorney, stated she had proposed the change to clarify language, but withdrew her proposal upon believing flexible options would be available, and there would be no guarantee of funding for the named services.  

Questions were raised as to whether or not the 9 listed service items would be funded, if funds were available.  The answer appeared unclear. Some had  assumed that the parcel tax funds were delineated as a funding source for specific services; however, it has been Council practice during their May budget sessions to pool funds rather than specifically assigning the parcel taxes to specific services. During the budget sessions, the Council makes a determination on whether or not the parcel tax needs to be levied to support city services.

Services named in the ordinance are:

  • police and fire protection,
  • street maintenance,
  • building regulations,
  • library services,
  • recreation,
  • parks maintenance,
  • planning and public works
  • and similar services.

The Special Election for the parcel tax will held on March 3, 2020. Mayor Bob McBain and Council member Jennifer Cavenaugh will write the supporting arguments in the “Voter Information Guide.”  

Opposition arguments for the “Voter Information Guide” are due to the City Clerk on December 13, 2019, with rebuttals due on December 20, 2019.  For specific information contact the City Clerk, John Tulloch at 510/420-3040. 

Click > Notice of Election – 2020 Special Municipal – Measure for official ballot language and election protocols.

Dec 2 2019

Dec. 2, 2019

Piedmont City Council
c/o John Tulloch
re: Dec 2 Parcel Tax Agenda Item
Dear Mayor McBain and Council,
         The Parcel Tax is commonly understood and accepted by Piedmont taxpayers to be for essential City services as follows: police, fire, street maintenance, building regulations, library, recreation, parks maintenance, planning, and public works. Your proposed language change allows the parcel tax to be used for any purpose and not limited to the traditional nine essential City services.  I object to this and ask that the original tax language passed by voters in 2016 be continued.
         The reality is that virtually all Piedmont residents will not read the full text of the tax and then compare it to the 75 word ballot question for discrepancies.  Residents mostly rely on the ballot question and Proponent material.  If the Council elects to retain the altered wording that allows the parcel tax to be not limited to essential City Services, the ballot question must clearly state that the parcel tax is no longer limited to essential City services as is commonly understood.
Sincerely,
 Rick Schiller
 Piedmont Resident and Property Owner
Dec 1 2019

“Agenda Insight” to be presented before December 2, 2019 City Council meeting:

Item 3, the first item on tonight’s regular agenda, is the second reading of Ordinance 746 N.S. to renew the Municipal Services special Tax for 4 years effective July 1, 2021, and to place this before voters in a special election on March 3,2020, consolidated with the California Presidential Primary on that date….

Although most aspects of this renewal reflect no change, there is a word change that appears to have an impact. The wording of the present parcel tax says, “If in any fiscal year the City Council shall determine that municipal services INCLUDING but not limited to…” and then it names 9 services which must be included in general fund expenditures, with support from the parcel tax if other city income isn’t sufficient to cover them.

At the first reading of this ordinance, last meeting, that language was changed to, “municipal services which MAY INCLUDE but are not limited to..” and then lists the same 9 services. The staff report calls this a non-substantive change, but many people read it as a very substantive change because it gives Council the flexibility to remove any service from this list. The 9 services are police, fire, street maintenance, building regulations, library, recreation, parks maintenance, planning, and public works.

If the Council wants to put this on the March ballot, they must pass the second reading tonight because they are up against a deadline for submitting the final ballot language to the Registrar of Voters…..

Item 4 is consideration of a resolution approving procedural details for the Special Election of March 3… Of particular interest to voters, this item also sets the 75 word ballot question to read, “Shall Ordinance 746 N.S. which maintains essential police, fire, and paramedic services, prevents the reduction in maintenance of City parks, greenspaces and other public areas, and prevents the loss of recreational and other public services, by renewing the City of Piedmont’s expiring parcel tax for four years… be adopted?”

….Interestingly enough, this ballot language is almost the same language we voted on in 2016, so all 9 services were not mentioned last time around either. However, in both 2016 and 2020, it is the language of the resolution we are voting on, not the 75-word summary, and the language of the resolution has changed.

Ann Chandler, Piedmont Resident

Nov 17 2019

Maybe the Piedmont Police Department Has Them?

 The Piedmont Police Department has a box where all those lost keys are collected. The Police Department collects and keeps them for up to 6 months.  So if you have recently misplaced your keys, you can contact the police or drop by to see if they have ever been turned in.

Contact dispatch 510-420-3000.

Oct 29 2019

ADVISORY: PG&E cancelled its planned Public Safety Power Shutoff for Piedmont. At this point, PG&E indicated that it has no additional PSPS events planned for Alameda County in the near term. Water pumping problems will no longer be potentially affecting Piedmont.

PG&E informs the City that all customers affected by the Public Safety Power Shutoff in Piedmont have been restored. If your power is still out, please contact PG&E at (800) 743-5000.  10/30/19

______________________________Updated 10/30/19

 

Oct 27 2019

ADVISORY: Power remains off in portions of Piedmont due to PSPS.

PG&E has said that, assuming weather goes as forecast, restoration efforts will begin tomorrow morning, Monday 10/28. PG&E must visually inspect all of their lines before they are re-energized, so it could take up to 48 hours to complete the work.

Due to the winds, high fire danger remains a threat, so outdoor flames and fires in fireplaces are strongly discouraged. The winds are predicted to subside overnight, but freshen again Tuesday morning, so please remain vigilant and call 911 if you see any fire.

Oct 26 2019

Parts of Piedmont To Be Affected Delayed

ADVISORY: PG&E will be operating two Community Resource Centers near Piedmont for residents to charge phones, cool off, and ask questions of PG&E employees.  There will be one in Oakland at Merritt College at 12500 Campus Drive.  The other will be in Berkeley at the UC Berkeley Clark Kerr Southwest Parking Lot 1 on Tanglewood Road.

These PG&E Community Resource Centers will be open from 8AM to 6PM or later.

Pacific Gas and Electric Company has confirmed their intent to conduct a Public Safety
Power Shutoff (PSPS) which will include portions of Piedmont as early as Saturday,
October 26th delayed until  7:00 p.m. Other power outages are likely to occur as a result of this wind event.

(As of  3:20 p.m. 10/26/19)

All Piedmonters are advised to be prepared for power outages during this wind event and Red Flag Warning, which may or may not be proactive Public Safety Power Shutoffs.
Based upon information provided by PG&E it appears that many areas in Piedmont will be affected by the PSPS.

ADVISORY: PG&E has advised the City of Piedmont that there is a power outage in Piedmont and Montclair affecting approximately 2600 customers. We do not believe it is related to the Public Safety Power Shutoff, scheduled for later tonight.

READ CITY NOTICES BY CLICKING BELOW:

>2019-10-26 Public Safety Power Shutoff #1

 

>PCA 2019-10-26 Red Flag Fire Warning

Oct 26 2019

You can check to read the latest updated shut off information for your address by clicking below:

Check shut off information for your address > HERE. <

Oct 26 2019

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