City of Piedmont
COUNCIL AGENDA REPORT
DATE: November 20, 2023
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Information on the Status of Housing Element Programs Implementation PURPOSE:
This agenda item introduces the Housing Element Implementation Plan with a focus on Zoning Ordinance updates and other programs that implement key programs from Piedmont’s recently adopted 6th Cycle Housing Element for 2023-2031 cycle (Housing Element). This report will discuss Housing Element implementation, highlight key programs, and outline timelines for completing the current implementation cycle.
EXECUTIVE SUMMARY:
The Housing Element of the General Plan is a blueprint for the City to achieve its housing goals and objectives. It sets forth policies and programs to increase the supply of affordable housing, promote diverse housing types, and support housing stock at all income levels. In the coming months, the City Council will be asked to consider a number of Zoning Ordinance updates and other programs that are part of the Housing Element implementation plan. These updates are aimed at increasing housing development, increasing funding for affordable housing programs, and working with community groups to develop housing programs. A series of public meetings of the Planning Commission and City Council will span November 2023 to March 2024, as presented on the last page of this report.
The Housing Element implementation plan can be divided into three categories:
1. Revisions to the Zoning Ordinance
2. Other Programs to be Implemented within a Strict Timeframe
3. Ongoing Programs
BACKGROUND:
Piedmont's Housing Element includes 7 goals, 56 policies, and 77 programs. The goals encompass new housing construction, housing conservation, affordable housing opportunities, the elimination of housing constraints, special housing needs populations, sustainability and energy, and equal access to housing. The programs include modifications to regulations and procedures to comply with State Law and align with other General Plan goals. The programs implement housing goals and policies and address housing needs, resources, and constraints, as identified in the Housing Element and through community input.
Agenda Report Page 2
Piedmont’s Housing Element must be updated every eight years. The Housing Element must also be reviewed and approved (i.e., certified) by the California Department of Housing and Community Development (HCD) for compliance with statutory requirements. Failure to adopt a Housing Element or to receive State certification can result in financial penalties, loss of local planning control and grant funding, and potential legal challenges.
Implementing Zoning Ordinance Revisions to Provide Adequate Sites State Law sets forth a timeline for adoption of zoning ordinance updates that implement housing element programs that are necessary to meet Regional Housing Needs Assessment (RHNA) goals.
Because Piedmont’s Housing Element was not certified by May 31, 2023, the zoning revisions must be completed by January 31, 2024.
Failure to Implement Zoning Revisions
If zoning revisions are not completed by the deadline, HCD is authorized to decertify the Housing Element and refer the City to the Attorney General. In addition, per the Housing Accountability Act, since the Housing Element was adopted after the due date of January 31, 2023, housing development projects with at least 20% of the total units that are affordable cannot be rejected if proposed at a location that is part of the sites inventory identified in the Housing Element program.
Piedmont’s Current Status
Piedmont’s Housing Element was recently certified on November 9, 2023. However, the City did not meet the State deadlines for adoption and certification. This means that in addition to being subject to the Housing Accountability Act, Piedmont must complete Housing Element programs
1.F, 1.G, 1.H and 1.P by January 31, 2024. City staff is currently drafting zoning updates that align with the programs and policies listed in the adopted Housing Element, including those Zoning Ordinance revisions now required to be completed by January 31, 2024.
The Analysis and Discussion section below provides information about the relevant programs in Piedmont’s Housing Element and their implementation timelines.
ANALYSIS AND DISCUSSION:
1) Revisions to Zoning Ordinance
There are several revisions to the Zoning Ordinance planned for completion in the coming months and years. All these revisions require a Planning Commission recommendation and City Council adoption. However, as discussed above, some require a more compressed adoption timeline.
Detailed descriptions for programs listed in the tables below are available in the Housing Element.
TABLE 1. Zoning Ordinance revisions that must be completed by January 31, 2024 Agenda Report Page 3
Programs Status
1.D Allow Religious Institution
Affiliated Housing Development
in Zone A: Single Family
Residential
Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
1.F Increase Allowances for Housing
in Zone B: Public Facilities
Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
1.G Facilitating Multi-family
Development in Zone C: Multifamily Residential
Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
1.H Increase Allowances for Housing
in Zone D: Commercial and
Mixed-Use
Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
1.P General Plan Amendments Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
Please refer to Table 5 for status update on
Program 1.L.
Table 2 below includes the Zoning Ordinance revisions that have a deadline of March/April 2024, the Zoning Ordinance revisions that have a later deadline but reference revisions made in City Code that are due March/April 2024, and revisions to the Zoning Ordinance that implement State Law that is currently in effect. Most of these revisions will be made concurrently with the revisions listed in Table 1.
Table 2. Zoning Ordinance to be Made Concurrently With Those in Table 1 Programs Status
1.J SB 9 Facilitation Amendments Study Sessions:
Planning Commission – December 11, 2023
City Council - December 18, 2023
1.M Manufactured and Mobile
Homes
Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
4.I Health and Safety Code 17021.5
Compliance
Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
4.L Allow Parking Reductions for
Multi-Family, Mixed-Use and
Affordable Projects
Study Sessions:
Planning Commission – December 11, 2023
City Council - December 18, 2023
4.N Allow Transitional and
Supportive Housing by Right in
Zones that Allow Residential
Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
Agenda Report Page 4
Uses
4.O Allow Low Barrier Navigation
Centers by Right in Zones that
Allow Residential Uses
Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
4.P Residential Care Facilities Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
4.Q Parking Reductions for Persons
with Disabilities, Seniors, and
Other Housing Types
Study Sessions:
Planning Commission – December 11, 2023
City Council - December 18, 2023
4.T Establish Standards for
Emergency Shelters
Expected Start: Sometime in 2024
4.V Allow Emergency Shelters As
Accessory Uses to Religious
Facilities in Zone A
Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
5.H Housing for Extremely LowIncome Individuals and
Households
Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
5.L Definition of Family Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
State
Law
State Density Bonus Study Sessions:
Planning Commission - November 13, 2023
City Council - December 18, 2023
The revisions in Table 3 have a more generous completion timeframe and will be drafted for the Planning Commission’s consideration at a later time.
Table 3. Zoning Ordinance Revisions with a Deadline of December 2024 to January 2026 Programs Status
1.E Require ADUs for New SingleFamily Residence ConstructionExpected Start: Sometime in 2024
1.I Lot Mergers to Facilitate Husing
in Zone C and Zone D
Expected Start: Sometime in 2025
1.Q Density Bonus Ordinance Expected Start: Sometime in 2025
3.G Inclusionary Housing Expected Start: Sometime in 2024
4.U Amend Conditional Use Permit
Findings
Expected Start: Sometime in 2025
5.I Housing for Extremely LowIncome FamiliesExpected Start: Sometime in 2024 2) Other Programs Planned for Completion by January 31, 2024:
Agenda Report Page 5
Apart from revisions to the Zoning Ordinance, there are programs in the Housing Element that are planned to be completed by either December 31, 2023, or January 31, 2024, and do not require any actions by the Planning Commission or City Council. These programs are discussed in Table 4 below:
Table 4. Other Programs Not Requiring Zoning Ordinance Revisions Program Status
1.C Public Engagement for Accessory
Dwelling Units
Ongoing
The City of Piedmont is using a variety of methods
to outreach to the community about ADUs,
including:
• Booth at Harvest Festival (September 24,
2023): City staff were available to answer
questions and provide information about
ADUs at the Harvest Festival, a popular
annual event in Piedmont.
• Periodic newsletter to residents: The City's
newsletter includes regular articles about
ADUs, including information about costs,
design, permit processing, and timelines.
• East Bay ADU Tour: The City partnered with
other East Bay cities to host an ADU tour on
October 21, 2023. The tour featured 10+
ADUs in Oakland, Berkeley, and Piedmont,
ranging in size from 700 square feet.
Participants had the opportunity to see
different ADU designs and learn about the
ADU permitting process from homeowners,
builders, and City staff.
1.U Priority Development Area
Designation
Completed - Secured nominations for both sites.
Sites were approved by ABAG-Resolution 13-
2023 on September 8, 2023.
3.E Affordable Housing Fund Expected Start: Sometime in 2024
4.A Media Strategy Ongoing- Many application materials are now downloadable from the City’s website. Continued
efforts are being made to improve the content and
usability of information on the Planning
homepage, and to use the web to assist residents
and reduce the wait for permits. Additionally,
City staff were available to answer questions and
provide information about ADUs and other
building types at the Harvest Festival (September
24, 2023).
Agenda Report Page 6
4.B Home Improvement Workshops Ongoing-
• Discussions with residents on home remodels,
ADU/JADU construction, energy efficient
window replacements, solar panel
installations and other.
• East Bay ADU Tour (October 21, 2023): The
City is partnering with other East Bay cities to
host an ADU tour on October 21, 2023. The
tour will feature 10+ ADUs in Oakland,
Berkeley, and Piedmont, ranging in size from
700 square feet. Participants will have the
opportunity to see different ADU designs and
learn about the ADU permitting process from
homeowners, builders, and City staff.
5.D Accommodations for Disabled
Persons
Expected Start: Sometime in 2024
3) Other Housing Element programs Underway:
The three programs listed in Table 5 are in progress:
Table 5. Housing Element Programs that Have Commenced
Programs Status
3.F Incentives for Rent-Restricted
ADUs
Largely Completed- adopted ordinance 769 on
September 18, 2023
1.L Specific Plan Ongoing
4.E Temporary Staff Additions Ongoing- The Building Division is employing 6 part time staff to facilitate the processing of
building permits and conducting building
inspections. The Planning Division is employing
1 part time staff member to increase capacity to
facilitate the implementation of Housing Element
programs.
Besides the programs discussed in subsections 1), 2), and 3) above, there are other programs in the Housing Element that discuss promoting housing development; reviewing impact fees to help pay for the cost of maintaining City services and infrastructure; studying the local municipal services tax to potentially generate additional revenue; obtaining grants to study gas station and brownfield remediation; maintaining rental units; initiating several public information and education campaigns about housing types, planning and building regulations, opportunities for construction, incentives etc.; continuing implementing California Building Code of Regulations; updating Capital Improvements and Facilities Maintenance Funds; clarifying the City Charter; identifying Agenda Report Page 7
funding for housing support for families in crisis; exploring ways to encourage and incentivize greener residential construction and participating in various County programs that serve the residents in need within Piedmont and the greater East Bay. These programs will be initiated and implemented by 2026.
Summary of Tasks
As discussed in the sections above, City staff is currently working on: drafting several Zoning Ordinance updates amending Planning and Land Use Chapter 17 Article 2, Article 3 and Article 5; and creating a media strategy for promoting new housing types and the permitting process. In addition, two new divisions are being drafted to adopt State density bonus law and implement currently effective State law SB-9 within Article 3 of Chapter 17 of the Zoning Ordinance. Based on the discussions and comments received at the study sessions of the Planning Commission and City Council, staff will prepare a final draft Zoning Ordinance update to be considered by the Planning Commission for a recommendation to the City Council.The first reading of an ordinance is anticipated in February 2024.
Additionally, the City has prepared a programmatic EIR with assistance from Rincon Consultants and in coordination with the City Attorney’s Office to evaluate potential environmental impacts associated with 2023-2031 Housing Element implementation. Implementation includes amendments to the City of Piedmont’s General Plan and the Piedmont City Code as set forth in the City’s 2023-2031 Housing Element. The Draft EIR was published for public review and comments on November 3, 2023, and the comment period ends on December 18, 2023.
CITY CHARTER
The proposed modifications to the City Code would be in conformance with the City Charter, including section 9.02. No zones would be reduced or enlarged, and no zones would be reclassified. City Charter provisions are expressly referred to in City Code division 17.02.C.
CITY ATTORNEY REVIEW
The Housing Element Implementation Plan that includes the proposed draft revisions to the Zoning Ordinance has been reviewed by the City Attorney.
PUBLIC ENGAGEMENT AND OUTREACH
The City of Piedmont's adopted Housing Element is a culmination of over a year of extensive community engagement and stakeholder input. To ensure that the Housing Element reflected the diverse needs and perspectives of Piedmont residents, staff actively sought participation from all segments of the community, including individuals with special housing requirements.
Community outreach efforts included presentations to various City commissions, committees, and the City Council. Additionally, staff engaged in a range of outreach activities, such as hosting Agenda Report Page 8
webinars and workshops, and disseminating information at popular community events like the Harvest Festival and Labor Day Car Show. Public input played a pivotal role in shaping the 6th Cycle Housing Element. Direct feedback from residents led to the development of new, revised, and modified programs, many of which specify the changes necessary to implement the programs and remove barriers to the development of new diverse housing types that are affordable to occupants at all income levels.
Public participation opportunities continue beyond the adoption of the Housing Element.
Community members are encouraged to attend and provide comment during the meetings of the Planning Commission and City Council at which the bodies study and consider the revisions to the Zoning Ordinance, the draft General Plan amendments, and the Draft Environmental Impact Report (EIR).
PLANNING COMMISSION MEETING, OCTOBER 9, 2023
On October 9, 2023, the Planning Commission received information on the sixth cycle Housing Element Implementation Plan similar to that contained in this report, directed questions to staff, and held a discussion. The Commission received no written comments or testimony from the public.
During their discussion, Commissioners directed questions to staff about the time period for posting revisions for public review and the timeline for bringing the revisions for the Commission’s consideration for recommendation to the City Council. In a response to a question from Commissioner Batra, Director of Planning and Building Kevin Jackson affirmed that the Zoning Ordinance updates align with the Housing Element goal of allowing for the construction of 587 new housing units by the private sector. Director Jackson further noted that the Housing Element programs and Zoning Ordinance revisions would allow for more than the 587 housing units and thereby provide a buffer if development did not occur on every site identified in the sites inventory. The video of the meeting is available here and the meeting minutes is posted on the City website.
By: Kevin Jackson, Planning and Building Director
Gopika Nair, Associate Planner
RELEVANT DOCUMENTS:
• Overall Timeline for Planning Commission and City Council, see report page 9 • The City of Piedmont’s 6th Cycle Housing Element
• Video of November 13, 2023, Planning Commission Meeting (Study Session) • Staff Report of November 13, Planning Commission Meeting (Study Session) • The Draft Environmental Impact Report for the 2023-2031 Housing Element Implementation Project
Agenda Report Page 9
October 11,
PC meetingIntroduction to
HE
implementation
November 13,
PC meetingStudy Session
Zoning Ord
Update 1
November 20,
CC meetingIntroduction to
HE
implementation
December 11,
PC meetingStudy Session
Zoning Ord
Update 2, draft
GP
amendments,
draft EIR
December 18,
CC meetingStudy Session
all Zoning
Updates, draft
GP amendmnt,
draft EIR
January 8, PC
meeting- Study
session
discussing any
outstanding or
continued items
January 29,
PC special
meetingrecommendatio
n to the CC
regarding draft
Zoning Ord,
draft GP, draft
EIR
February 20-
CC meeting to
consider PC
recommendation
including 1st
reading of the
Zoning Ord.
March 4- CC
meeting for
2nd reading of
the Zoning
Ord.
2023 2024