Call to Action (Updated post: 7/14/24)

Attend the Piedmont City Council Meeting on Mon, July 15 from 5:45 to ~6:30pm.

Why:

Piedmont Planning and City Council are now processing SB 9 applications, which will significantly impact future development in Piedmont.

SB 9 refers to CA Senate Bill 9 (2021), a state law mandate that guts local zoning and development rules.  SB 9 allows developers to split single-residence lots into two parcels, and build up to two units on each parcel – all through a fast-track application process that bypasses, the usual public notice and review process.   SB 9 projects are processed ‘ministerially’ by Planning staff, which means SB 9 projects are to be processed in a “check the box” manner  without subjective consideration, and without community participation or opportunity to appeal to the Planning Commission or City Council. 

Under current law, the State requires cities to comply with SB 9; however, (i) Piedmont has chosen to go beyond state requirements to make SB 9 lot-splits even more favorable for developers, and (ii) based on Piedmont Planning staff review and approval activity to-date, SB 9 developers have not been required to comply with the same objectives standards that govern projects that residents developing under Piedmont’s standard processes.  While the State does require some minor  SB 9 requirements, e.g. allowing builders to build 4 feet from a setback vs. 5 feet as Piedmont code normally requires, based on Piedmont Planning staff application review and approval activity to-date, staff seem to be going well beyond State required exceptions, allowing SB 9 projects to exceed Piedmont standard heights, Floor Area Ratios, retaining wall limitations, environmental considerations, traffic and safety concerns, etc.

Furthermore, residents are concerned that the Piedmont Planning Staff is allowing projects to more leniently qualify for SB 9 than both State law and intent require and potentially even more leniently than Piedmont’s more favorable City code mandates.  This developer-friendly approach appears to be designed to promote the City’s desire to rapidly in-fill our single-family residence zoning with multiple units on a single parcel, fast-tracking the City’s housing element program without public knowledge or input.  

SB 9, does require Piedmont to make some changes to how we process new projects within the City – but it also allows discretion if the City were to find a particular project presents an “adverse impact” on public health, safety or the physical environment.  To date Piedmont is ignoring those considerations.

Concerned citizens who have invested their lives in Piedmont expect that the City Council and City staff responsibly follow the law and that they demonstrate the leadership with which they have been trusted and have actively chosen to take on, to ensure where appropriate SB 9 processes are executed properly and that they are corrected when not.

Residents will be raising related concerns to the Piedmont City Council at the Monday, July 15th City Council Meeting.  To learn more or to express your support against (or for) how Piedmont is managing SB 9, please attend the Piedmont City Council meeting on Monday, July 15th.  Residents will arrive at 5:45pm with most relevant discussion likely concluding by 6:30pm.

Protecting Piedmont: A Call to Action (original post - 7/11/24)

Imagine the home next door to you is sold, a developer demolishes the existing structure, and then builds two new homes on the lot. Each home is larger than all other homes on the street, doesn’t conform with city codes, and violates environmental regulations. It seems that shouldn’t be able to happen in Piedmont, right?

As it turns out, it can. In December 2023, the city of Piedmont quietly changed the city code, making this scenario possible. In fact, a project very similar to this has just received building permits. A developer purchased an empty lot and quietly applied to build two homes on what was once a single-family home lot. These two homes, plus an ADU, appear certainly to fail to comply with numerous city codes, and apparently will be built in a stream setback, likely violating state and city environmental regulations.

Residents believe that this project also poses numerous health and safety risks for the community. There are concerns about increased fire risk by nearly doubling the density of homes on a one-way street as narrow as 13 feet wide, which is not up to state fire code standards, at the top of a wooded canyon. Additionally, there are concerns about hillside stability and streambed erosion given the project’s scope and proximity to the streambed.

This new development approval process, called SB9, has been codified by the city of Piedmont to be even more lenient than state standards require.  SB9 forces the local city to fast-track multiple family residential development, bypassing the usual public notice and review process.  As a result, this project was approved by city planning staff ministerially, and neighbor concerns for health and safety have thus far been dismissed. Lots with certain environmental features are protected by state law and are exempted from fast-tracking under SB9. The lot in issue has such a feature, a stream, in fact one of Piedmont’s protected streams. However, the city has accepted the developer’s assertion that no stream exists, and has ignored evidenced presented by the community to the contrary. When city staff were asked if they would consider evidence in order to enable them to work from facts and find the truth, their response was-equivocal.

If a project which does not qualify for SB9, proceeds under SB9 review without transparency to the community nonetheless, it signals to developers that environmental and safety standards and compliance with even the most basic aspects of city code can be bypassed with little consequence in Piedmont. This is a dangerous precedent to set.

Both California state law and Piedmont city code authorize the city, the Building Commissioner, and City Council to suspend or revoke building permits for a project at any time if the project appears to violate city code or environmental regulations. We have presented evidence to the City that this project is in material non-conformance with city code and environmental regulations and have asked the city to suspend the building permits until the City Council can review the evidence in an open and transparent public session.

To date, the city has been stonewalling residents and dismissing the strong evidence we have presented. We need your help to ask the city of Piedmont to suspend the building permits to seek the truth, enforce city code, and uphold environmental regulations. If you agree, please join Concerned Piedmont Citizens, and contact the City this week to tell them to suspend the developers building permits until they have reviewed the evidence presented by residents. The phone number is:  (510) 420-3050.  And please sign this petition!

-       Concerned Piedmont Citizens