5 thoughts on “Housing | The clock is ticking and the state means business

  1. Thank you for publishing this piece. There’s so much confusion and misinformation in our town about what power we have as voters and as a city. I hope every resident who cares about planning for the future of Piedmont reads this concise and factual article, so we can move forward on what we need to do as a city to avoid losing our local control to the State.

  2. The editorial states that there is an urgency for Piedmont to “move the Housing Element forward”. While this is correct, there is a general community misperception on what “forward” means. This means, first, that City must ADOPT the Housing Element by January 31, 2023. It’s irrelevant to the builder’s remedy kicking in on whether the City has sent the Housing Element to the State for review. Furthermore, the builder’s remedy is just one among the litany of problems that will ensue as a result of an inadequate General Plan if the element is not adopted. Yes, the City must continue seeking State certification, but that is not a substitute to adopting the element by the State deadline.

    Everyone who wants a vote on this has a valid point. Yes, the Charter requires it. However, we are out of time to vote on this. State laws trump City charter and the builder’s remedy and other consequences will come into play whether the Charter demands a vote. Dragging the adoption out past the deadline or pushing for vote prior to adoption or fighting the State will just result in bad consequences for the City.

    Perhaps there can be vote on this post adoption. However, just a no vote that results in the City not meeting its housing obligations is not going to stand up in court. The vote will be meaningful only if the voters select from a menu of different choices that still result in the City meeting its RHNA need.

  3. A simple reading of the charter and even the city’s latest “analysis” says two acts of rezoning trigger a vote: “reduce/enlarge” and “reclassify”. That should be clear. Unfortunately the city analysis provides no legal basis for its assertions.

    Voters should read carefully the city’s interpretation in #1 of the analysis – the city can amend use within a zone without a vote. That sidesteps the charter all together and gives city council the power to change the private single-family zone to multi-family if Council chooses to. One of the first acts of the new Housing Element is to undertake a study of the impediments the charter and single-family zoning present to affordable housing, perhaps a prelude to changing the density of the singe family zone in time for the next housing cycle.

    Many residents support affordable housing but also good governance.

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