Agenda packet — Atherton City Council, November 2, 2022

AGENDA PACKET
Town of Atherton
City Council
NOVEMBER 02,2022
STUDY SESSION MEETING
4:00 PM.

This meeting is being held virtually and inperson
at the Council Chambers located at
80 Fair Oaks Lane
Atherton, CA 94027
This meeting is being held via teleconference pursuant to Government Code section 54953(e) (1)(B) and in compliance with the Brown Act. Section 54953(e)(1)(B) permits the Town to hold a meeting during a proclaimed state of emergency via teleconference in order to determine whether as a result of the emergency meeting in person would present an imminent risk to attendees' health or safety. The meeting will be held by tele or video conferencing.

The public may participate via: Zoom Meeting.

For a live meeting broadcast you can watch the Council meeting on: Comcast Subscribers Channel 29 or via Midpen Media website here: https://midpenmedia.org/localtv/watchnow/ Join Zoom Meeting:

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Meeting participants are encouraged to submit
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This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.

ROLL CALL – Polito, HawkinsManuelian, Lewis, Vice Mayor Widmer, Mayor DeGolia PUBLIC COMMENT
STUDY SESSION

1. PROVIDE FEEDBACK AND DIRECTION REGARDING THE DESIGN OF THE ATHERTON STATION REMODEL PROJECT
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation:ItisrecommendedthattheCouncilreviewthedesignelementsoftheAtherton Town of Atherton City Council Study Session Packet – November 02, 2022

Page 1 of 72 ends

This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.

ROLL CALL – Polito, HawkinsManuelian, Lewis, Vice Mayor Widmer, Mayor DeGolia PUBLIC COMMENT
STUDY SESSION

1. PROVIDE FEEDBACK AND DIRECTION REGARDING THE DESIGN OF THE ATHERTON STATION REMODEL PROJECT
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council review the design elements of the Atherton Station building remodel and provide feedback and direction to staff.

Description: This item will involve a Council discussion and direction will be provided related to the remodeling of the Atherton Train Station.

2. HCD COMMENTS ON THE DRAFT HOUSING ELEMENT UPDATE
Report: LISA COSTA SANDERS, PLANNING CONSULTANT
Recommendation: Provide direction to Staff on next steps and response to HCD comments.

Description: This item will involve a Council discussion and direction will be provided on the Draft Housing Element
COUNCIL REPORTS/COMMENTS

ADJOURN
Town of Atherton City Council Study Session Packet – November 02, 2022

Page 2 of 72 ends

Item No. 1
Town of Atherton
CITY COUNCIL STAFF REPORT – STUDY SESSION
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
DATE: NOVEMBER 2, 2022
SUBJECT: PROVIDE FEEDBACK AND DIRECTION REGARDING THE

DESIGN OF THE ATHERTON STATION REMODEL PROJECT

RECOMMENDATION
It is recommended that the Council review the design elements of the Atherton Station building remodel and provide feedback and direction to staff.

BACKGROUND
Pursuant to the MOU with Caltrain, the Town received a grant in the amount of $400,000 towards the improvement of the Atherton Station area. The Town entered into an agreement with Garavaglia Architecture, Inc. for professional design services to remodel the station building to accommodate a potential mini rail history museum and to address deferred maintenance issues in the building.

Staff and the consultant team have coordinated with the Atherton Station Council Subcommittee during the development of the project design. As project design nears completion, staff is requesting that the Council review the project layout and design and provide feedback and direction to staff so the design can be finalized.

ANALYSIS
As noted above, the project design includes two components: 1) addressing deferred maintenance, and 2) remodel of the building to potentially house a mini rail history museum. In review and consultation with the Planning Department and the Building Department and in consideration of the building’s potential to be registered as a historic landmark, the design is being done in compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the California Historic Building Code. The feedback and direction requested is related to the remodeling aspects.

Atherton Station Remodel
November 2, 2022

Page 2 of 3 ends

The station remodel includes some site work and parking modifications to meet accessibility requirements. Though primary access will be facing the Civic Center, the accessible entry will be on the track side of the building. The existing track side opening will be closed with glass wall panels resembling the existing glass wall panels and will include a double door that will be activated for accessibility. On the Civic Center side, the center wall panel will be removed, and activated double doors installed. The site layout and exterior elevations are provided in Attachment

1. The interior of the building will include static displays along the perimeter walls, center casework to house displays and an electronic display on the south side of the building. The center casework will have a pass-through in the center for accessibility. The existing historic benches will be integrated into the two ends of the center casework to maximize display area while maintaining the use of the historic benches for seating. Exhibits showing the layout and renderings of the building interior are provided in Attachment 2.

As noted above, the building will house both static as well as electronic displays. To preserve the displays, casework and potential exhibits, in addition to sealing of the structure, temperature controls will be needed. The design team provided several HVAC options including a heat-pump mini-split system in-wall unit, commercial unit and a rollaway portable unit. As each of these items have varying visual and cost impacts, Council feedback on the unit type is requested. Potential HVAC options are shown in Attachment 3.

Another critical item for consideration is color scheme. The color scheme of the existing structure is beige with a maroon trim, the Civic Center is an off-white body with brown trim, and the historic colors were green and beige, with the SP yellow as the most recent color before the current paint colors. Council feedback regarding the desired color scheme of the building and display cases is requested. The proposed color scheme is presented in Attachment 4.

The display case in the planter area along the tracks needs to be replaced. The design team provided a options for consideration in Attachment 5. The existing structure holding the display case will be rehabilitated and painted to match the colors of the station building.

Budgetary cost estimates for project construction are provided in Attachment 6.

Following Council feedback and direction, the design team will complete the project design and submit for building permits. Staff will also be submitting the design to Caltrain for review and approval. Staff will also be returning to Council for authorization to release the project for construction bids.

FISCAL IMPACT
None at this time. The project has been allocated $400,000 in the Capital Improvement Program.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area A – Maintain Fiscal Responsibility
• Goal Area B – Preserve Small Town Character and Quality of Life Atherton Station Remodel
November 2, 2022

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• Goal Area C – Create and Expand the Town Center/Library • Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
The Council policy focus should be on the integration of the station building into the Town Center and design direction.

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission

ATTACHMENTS

1. Site Layout and Elevations

2. Interior Layout and Renderings

3. Color Scheme

4. HVAC Options

5. Exterior Display Boards

6. Construction Cost Estimates

SHEET NO.

SCALE
PROJ. NO.

DATE
DRAWN
PHASE

CHECKED
NO. DATE REVISION
582 MARKET STREET
SUITE 1800
SAN FRANCISCO, CA 94104
T: 415.391.9633
F: 415.391.9647
www.garavaglia.com

ATHERTON RAIL
2022 - 002
XX
INC.

STATION

EXTERIOR ELEVATIONS

DEMO & PROPOSED
11 APR 2022

AS NOTED
FP
A-3.11
SCALE: 1/4" = 1'-0"

SOUTH ELEVATION

PROPOSED

SHEET NOTES

PROPOSED

KEY NOTES
1 _
_

1. _

2. _

3. _
2 SCALE: 1/4" = 1'-0"

WEST ELEVATION
SCALE: 1/4" = 1'-0"

EAST ELEVATION
SCALE: 1/4" = 1'-0"

NORTH ELEVATION

DEMO SHEET NOTES

1. _

2. _

3. _ DEMO KEY NOTES
1 _
_
2 SIM.

Attachment 2
Interior Layout & Renderings

EXISTING CLAY TILE ROOFING
TRIM COLOR SIMILAR TO SP COLOR No. 2;

SHERWIN WILLIAMS HISTORIC COLOR
SW 2837 AURORA BROWN
BODY COLOR SIMILAR TO SP COLOR No. 3;

FROM TOWN HALL, SHERWIN WILLIAMS
COLOR SW 6196 FROSTY WHITE
TRIM COLOR SIMILAR TO SP COLOR No. 2;

SHERWIN WILLIAMS HISTORIC COLOR
SW 2837 AURORA BROWN ATHERTON RAIL STATION - PROPOSED COLOR SCHEME 26 October 2022

ROOF OVERHANG SOFFIT

SHERWIN WILLIAMS HISTORIC COLOR
SW 2812 ROOKWOOD JADE
Attachment 3
Color Scheme
Paint Layers from Existing Structure Base Color
Trim Color 1 Trim Color 2
Attachment 4
Wall Mounted Heat Pump with Roof-Top Condenser HVAC Options Portable Unit - through window venting In-Wall Package Terminal Heat Pump
Attachment 5
Exterior Display Boards
Wall Mounted Metal Frame Wall Mounted Metal Frame with Header Wall Mounted Recycled Plastic Frame 3/15/2010
AREA - NO WORK- GSF:
50% ESTIMATE

ATHERTON RAIL STATION
LSA JOB NUMBER:

August 4, 2022

BY LELAND SAYLOR ASSOCIATES

ATHERTON, CA
22-032Cr1

PREPARED FOR

GARAVAGLIA ARCHITECTURE
1777 Oakland Blvd., Suite 103| Walnut Creek | California | 94596 415-291-3200 | 415-291-3201 (f) | www.lelandsaylor.com
PROJECT: ATHERTON RAIL STATION JOB NUMBER: 22-032Cr1
LOCATION: ATHERTON, CA PREPARED BY: JS
CLIENT: GARAVAGLIA ARCHITECTURE BID DATE: 02/23
DESCRIPTION: 50% ESTIMATE ESTIMATE DATE: 8/4/2022

SECTION DESCRIPTION PAGE
I PREFACE AND NOTES TO THE ESTIMATE 3
II SUMMARY OF THE ESTIMATE 9
III BUILDING 11
IV ALTERNATES 16

CONTENTS
PROJECT: ATHERTON RAIL STATION JOB NUMBER: 22-032Cr1
LOCATION: ATHERTON, CA PREPARED BY: JS
CLIENT: GARAVAGLIA ARCHITECTURE CHECKED BY: IS
DESCRIPTION: 50% ESTIMATE ESTIMATE DATE: 8/4/2022

SECTION I

PREFACE AND NOTES TO THE ESTIMATE

Page 3 of 18 ends

PROJECT: ATHERTON RAIL STATION JOB NUMBER: 22-032Cr1
LOCATION: ATHERTON, CA PREPARED BY: JS
CLIENT: GARAVAGLIA ARCHITECTURE BID DATE: 02/23
DESCRIPTION: 50% ESTIMATE ESTIMATE DATE: 8/4/2022

1.0 PROJECT SYNOPSIS

1.1 TYPE OF STUDY:

1.2 PROJECT DESCRIPTION:

Construction Type:

Foundation Type:

Exterior Wall Type:

Roof Type:

Stories Below Grade:

Stories Above Grade:

Sitework:

Plumbing System:

Mechanical System:

Fire Protection System:

Electrical Service:

1.3 GENERAL NOTES REGARDING PROJECT:

One
New lighting, outlets and comms, upgrade fire alarm devices.

PREFACE AND NOTES TO THE ESTIMATE
None
Refurbishment of existing rail station into historic display area. Procurement is expected to be design-bid-build.
50% ESTIMATE
Existing rail stations structure
N/A
Glass and wood
Clay tile and new single ply
N/A
New landscape in planters, hardscape, ADA parking
n/a
New fan coils and condensing units

Page 4 of 18 ends

PROJECT: ATHERTON RAIL STATION JOB NUMBER: 22-032Cr1
LOCATION: ATHERTON, CA PREPARED BY: JS
CLIENT: GARAVAGLIA ARCHITECTURE BID DATE: 02/23
DESCRIPTION: 50% ESTIMATE ESTIMATE DATE: 8/4/2022

PREFACE AND NOTES TO THE ESTIMATE

2.0 DEFINITIONS

2.1 ESTIMATE OF COST:

2.2 BID:

3.0 BIDS & CONTRACTS

3.1 MARKET CONDITIONS:

Number Percentage
of Bids Differential
1 ........................... +25 to 100%
2 - 3 ........................... +10 to 25%
4 - 5 ........................... 0 to +10%
6 - 7 ........................... 0 to -10%
8 or more ........................... -10 to -20%
An offer to enter a contract to perform work for a fixed sum, to be completed within a limited period of time.

In the current market conditions for construction, our experience shows the following results on competitive bids, as a differential from Leland Saylor Associates final estimates:

An Estimate of Cost is prepared from a survey of the quantities of work - items prepared from written or drawn information provided at the design-development, working drawing or biddocuments stage of the design. Historical costs, information provided by contractors and suppliers, plus judgmental evaluation by the Estimator are used as appropriate as the basis for pricing. Allowances as appropriate will be included for items of work which are not indicated on the design documents provided that the Estimator is made aware of them, or which, in the judgment of the Estimator, are required for completion of the work. We cannot, however, be responsible for items or work of an unusual nature of which we have not been informed.

Page 5 of 18 ends

PROJECT: ATHERTON RAIL STATION JOB NUMBER: 22-032Cr1
LOCATION: ATHERTON, CA PREPARED BY: JS
CLIENT: GARAVAGLIA ARCHITECTURE BID DATE: 02/23
DESCRIPTION: 50% ESTIMATE ESTIMATE DATE: 8/4/2022

PREFACE AND NOTES TO THE ESTIMATE

4.0 ESTIMATE DOCUMENTS

4.1 DRAWINGS: Plans, sketches and photos per client package SPECIFICATIONS / PROJECT MANUAL:

COSTS PROVIDED BY OTHERS:

4.2 5.0 GROSS SQUARE FEET

BUILDING GSF
620
TOTAL GROSS SQUARE FEET 620
Accordingly, it is extremely important to ensure that a minimum of 4 to 5 valid bids are received. Since LSA has no control over the bid process, there is no guarantee that proposals, bids or construction cost will not vary from our opinions or our estimate.

This Estimate has been compiled from the following documents and information supplied:

BUILDING
Cut sheets for HVAC, B.O.D.

NA
The user is cautioned that significant changes in the scope of the project, or alterations to the project documents after completion of the 50% estimate can cause major cost changes.

In these circumstances, Leland Saylor Associates should be notified and an appropriate adjustment made to the 50% estimate.

Page 6 of 18 ends

PROJECT: ATHERTON RAIL STATION JOB NUMBER: 22-032Cr1
LOCATION: ATHERTON, CA PREPARED BY: JS
CLIENT: GARAVAGLIA ARCHITECTURE BID DATE: 02/23
DESCRIPTION: 50% ESTIMATE ESTIMATE DATE: 8/4/2022

PREFACE AND NOTES TO THE ESTIMATE

6.0 WAGE RATES

6.1 7.0 PRORATE ADDITIONS TO THE ESTIMATE

7.1 GENERAL CONDITIONS: 16.00%

7.2 CONTINGENCY: 15.00%

7.3 ESCALATION: 7.00%
Construction start date:

Construction period:

Mid-point of construction:

Annual escalation rate:

Allowance for escalation:

No allowance has been made for Code Escalation or Technological Escalation.

March-23
An allowance of 7.00% has been included in this estimate for construction material & labor cost escalation up to the anticipated mid-point of construction, based on the following assumptions:

An allowance based on 15.00% of the construction costs subtotal has been included for Design/Estimating Contingency.

7.00%

7.00%
4 months
This Estimate is based on prevailing wage-rates and conditions currently applicable in ATHERTON, CA.

An allowance based on 16.00% of the construction costs subtotal has been included for Contractor's General Conditions.

NOTE: This allowance is intended to provide a Design Contingency sum only, for use during the design process. It is not intended to provide for a Construction Contingency sum.

May-23

Page 7 of 18 ends

PROJECT: ATHERTON RAIL STATION JOB NUMBER: 22-032Cr1
LOCATION: ATHERTON, CA PREPARED BY: JS
CLIENT: GARAVAGLIA ARCHITECTURE BID DATE: 02/23
DESCRIPTION: 50% ESTIMATE ESTIMATE DATE: 8/4/2022

PREFACE AND NOTES TO THE ESTIMATE

7.4 PHASING ALLOWANCE: 0.00%

7.5 BONDS & INSURANCE: 2.00%

7.6 CONTRACTOR'S FEE: 10.00%

8.0 SPECIAL NOTES PERTAINING TO THIS ESTIMATE

8.1 SPECIFIC INCLUSIONS:

NONE

8.2 SPECIFIC EXCLUSIONS:

The following items are specifically excluded from this estimate:

Building Permit
Hazmat
Soil Remediation
Independent Inspections
All field overhead of the contractor is included in the General Conditions section of the estimate.

An allowance of 2.00% of the construction cost subtotal is included to provide for the cost of Payment and Performance Bonds, if required.

An allowance based on 10.00% of the construction cost subtotal is included for Contractor's office Overhead and Profit. Office overhead of the contractor is always included with the fee.

No Phasing Allowance is needed for this job.

Page 8 of 18 ends

PROJECT: ATHERTON RAIL STATION JOB NUMBER: 22-032Cr1
LOCATION: ATHERTON, CA PREPARED BY: JS
CLIENT: GARAVAGLIA ARCHITECTURE CHECKED BY: IS
DESCRIPTION: 50% ESTIMATE ESTIMATE DATE: 8/4/2022

SECTION II

SUMMARY OF THE ESTIMATE

Page 9 of 18 ends

LELAND SAYLOR ASSOCIATES
PROJECT: ATHERTON RAIL STATION JOB NO: 22-032Cr1
LOCATION: ATHERTON, CA PREPARED BY: JS
CLIENT: GARAVAGLIA ARCHITECTURE CHECKED BY: IS
DESCRIPTION: 50% ESTIMATE DATE: 8/4/2022
SUMMARY OF THE ESTIMATE GSF: 620

1.00 BUILDING GSF 494.74 620 $ 306,739

2.00 ALTERNATES GSF 109.44 620 $ 67,852
TOTAL PROJECT COSTS 620 GSF 604.18 $ 374,591

PRORATES INCLUDED IN ABOVE COSTS
General Conditions, smal project 16.00%
Design Contingency 15.00%
Escalation 7.00%
Bonds / Insurance 2.00%
Contractors Fee 10.00%
50% ESTIMATE

UNIT COST TOTALS

SUMMARY OF THE ESTIMATE
We urge you to notify your client of the existing bidding climate, and work with them to ensure that the project is adequately publicized so that they can get the minimum number of bids for competitive bidding. Please contact LSA if you need ideas about how to publicize your project.

Without Competitive Bidding, Contractor bids can and have ranged from 25%-to 100% over the prices in this Estimate, depending on the size of the job.

The prices in this Estimate are based on Competitive Bidding. Competitive Bidding is receiving responsive bids from at least five (5) or more General Contractors and three (3) or more responsive bids from Major Subcontractors or Trades. Major Subcontractors are Structural Steel, Plaster / EIFS Contractors, Mechanical, Plumbing and Electrical Subcontractors.

Competitive Bidding
DIV # DESCRIPTION QTY UNIT

Page 10 of 18 ends

PROJECT: ATHERTON RAIL STATION JOB NUMBER: 22-032Cr1
LOCATION: ATHERTON, CA PREPARED BY: JS
CLIENT: GARAVAGLIA ARCHITECTURE CHECKED BY: IS
DESCRIPTION: 50% ESTIMATE ESTIMATE DATE: 8/4/2022

SECTION III

BUILDING

Page 11 of 18 ends

1.00 GENERAL REQUIREMENTS 5.65 $ 3,500

2.00 EXISTING CONDITIONS 9.75 $ 6,042

3.00 CONCRETE 34.50 $ 21,390

5.00 METALS 5.00 $ 3,100

6.00 WOOD & PLASTICS 33.42 $ 20,720

7.00 THERMAL AND MOISTURE PROTECTION 24.53 $ 15,207

8.00 DOORS & WINDOWS 61.87 $ 38,360

9.00 FINISHES 21.34 $ 13,230

10.00 SPECIALTIES 16.29 $ 10,100

26.00 ELECTRICAL 36.02 $ 22,330

27.00 COMMUNICATIONS 7.05 $ 4,370

28.00 ELECTRONIC SAFETY & SECURITY 26.13 $ 16,200

31.00 EARTHWORK 5.94 $ 3,680

32.00 EXTERIOR IMPROVEMENTS 32.63 $ 20,231
TOTAL JOB DIRECT COSTS 620 GSF 320.10 $ 198,460

PRORATES
General Conditions 16.00% $ 31,754
Design Contingency 15.00% $ 29,769
Escalation 7.00% $ 13,892
SUB-TOTAL 620 GSF 441.73 $ 273,874
Bonds / Insurance 2.00% $ 5,477
Contractors Fee 10.00% $ 27,387
TOTAL PROJECT COSTS 620 GSF 494.74 $ 306,739
50% ESTIMATE

SUMMARY OF THE ESTIMATE

BUILDING
DIV # DESCRIPTION QTY UNIT UNIT COST TOTALS

Page 12 of 18 ends

BUILDING
DIV # DESCRIPTION QTY UNIT UNIT COST TOTALS

1.0 GENERAL REQUIREMENTS
MISC GENERAL REQUIREMENTS 1 LS 3,500.00 3,500
SUBTOTAL 1.0 3,500 5.65 $

2.0 EXISTING CONDITIONS
DEMO EXISTING WINDOWS 1 EA 150.00 150
DEMO EXISTING WOOD PANELS & BLOCKING 140 SF 10.00 1,400 DEMO TICKETING EQUIPMENT 1 LS 300.00 300
DEMO TRASH RECEPTACLE 1 EA 150.00 150
SAWCUT CONCRETE 134 LF 13.00 1,742
DEMO CONCRETE SLAB, DISPOSE 460 SF 5.00 2,300
SUBTOTAL 2.0 9.75 $ 6,042

3.0 CONCRETE
PATCH CONCRETE FROM TICKETING EQUIPMENT 1 LS 300.00 300 NEW CONCRETE SLAB 460 SF 24.00 11,040
DOWELS, ALLOW 1' O.C. 134 EA 75.00 10,050
SUBTOTAL 3.0 34.50 $ 21,390

5.0 METALS
MISC METALS 620 SF 5.00 3,100
SUBTOTAL 5.0 5.00 $ 3,100

6.0 WOOD & PLASTICS
MISC BLOCKING & TRIM, ALL AREAS 620 SF 9.00 5,580

REPLACE DECORATIVE WOOD PANELS, TRIM AND

BLOCKING BELOW WINDOWS
140 SF 26.00 3,640
REPLACE BLOCKING @ RAFTERS, ALLOW 1 LS 1,500.00 1,500
DISPLAY CABINET WITH ACRILYC CASE 2 EA 5,000.00 10,000
SUBTOTAL 6.0 33.42 $ 20,720

ESTIMATE DETAIL

Page 13 of 18 ends

BUILDING
DIV # DESCRIPTION QTY UNIT UNIT COST TOTALS

7.0 THERMAL AND MOISTURE PROTECTION
CLEAN ROOF TILES 697 SF 2.00 1,394
REPAIR ROOF TILES, ALLOW 2% 14 SF 25.00 349
REPAIR ANY LEAKS, ALLOW 1 LS 1,000.00 1,000
CLEAR GUTTERS 108 LF 5.00 540
REFURBISH GUTTERS, RE-LINE CORRODED AREAS 108 LF 8.00 864 REROOF LOW SLOPE ROOF ENDS WITH SINGLE PLY 316 SF 20.00 6,320 SEAL INTERIOR AND EXTERIOR WALL JOINTS 3,160 SF 1.50 4,740 SUBTOTAL 7.0 24.53 $ 15,207

8.0 DOORS & WINDOWS

NEW FRENCH DOUBLE DOORS, FRAME, PAINT,

HARDWARE
2 EA 7,200.00 14,400
DOOR OPENERS & ACTUATORS, DOUBLE DOOR 1 EA 10,000.00 10,000 REPAIR WINDOWS, ALLOW 362 SF 20.00 7,240
OPERABLE DOOR TRANSOM 1X3 4 EA 600.00 2,400
NEW WINDOWS @ TRACK SIDE 32 SF 135.00 4,320
SUBTOTAL 8.0 61.87 $ 38,360

9.0 FINISHES
REPAINT EXTERIOR 1,580 SF 3.50 5,530
REPAINT INTERIOR 1,580 SF 3.50 5,530
REPAINT CEILING 620 SF 3.50 2,170
SUBTOTAL 9.0 21.34 $ 13,230

10.0 SPECIALTIES
RELOCATE BENCHES 2 EA 250.00 500
REFURBISH BENCH 2 EA 1,200.00 2,400
4' MESSAGE BOARD ON EXISTING TRELLIS 6 EA 800.00 4,800
ATHERTON SIGN TO REPLACE STOLEN SIGN 2 EA 1,200.00 2,400 SUBTOTAL 10.0 16.29 $ 10,100

Page 14 of 18 ends

BUILDING
DIV # DESCRIPTION QTY UNIT UNIT COST TOTALS

26.0 ELECTRICAL
DUPLEX OUTLET 8 EA 125.00 1,000
FLOOR QUAD OUTLET IN CONCRETE 2 EA 900.00 1,800
FLOOR QUAD OUTLET ON WALL 2 EA 275.00 550
RECESSED DOWN LIGHT 2 EA 750.00 1,500
SQUARE CEILING LIGHT 4 EA 750.00 3,000
TRACK LIGHT 4 EA 950.00 3,800
120V FEEDERS 440 LF 22.00 9,680
LIGHTING CONTROLS, DAY/NIGHT 1 LS 1,000.00 1,000
SUBTOTAL 26.0 36.02 $ 22,330

27.0 COMMUNICATIONS
TEL DATA OUTLET 1 EA 120.00 120
CONNECT TO MDF 1 LS 750.00 750
ADDITIONAL CONNECTIONS/FEEDERS 1 LS 1,000.00 1,000
WIFI ROUTER/HOOKUP WITH ANTENNA CONNECTION 1 EA 2,500.00 2,500 SUBTOTAL 27.0 7.05 $ 4,370

28.0 ELECTRONIC SAFETY & SECURITY
NEW SECURITY CAMERAS, ALLOW 4 EA 2,800.00 11,200
SECURITY HEADEND 1 EA 5,000.00 5,000
SUBTOTAL 28.0 26.13 $ 16,200

31.0 EARTHWORK
GRADING FOR NEW PAVING, HAND 460 SF 8.00 3,680
SUBTOTAL 31.0 5.94 $ 3,680

32.0 EXTERIOR IMPROVEMENTS
GRIND AND OVERLAY A.C. PAVING 342 SF 6.00 2,052
ADA SPACE & SIGN 1 EA 1,200.00 1,200
DEMO & REPLACE TREE 5 EA 950.00 4,750
TRASH RECEPTACLE 1 EA 1,200.00 1,200
GROUND COVER & IRRIGATION 703 SF 8.00 5,624
RENOVATE MONUMENT SIGN 1 EA 5,000.00 5,000
REPAINT TRELLIS 27 LF 15.00 405
SUBTOTAL 32.0 32.63 $ 20,231

Page 15 of 18 ends

PROJECT: ATHERTON RAIL STATION JOB NUMBER: 22-032Cr1
LOCATION: ATHERTON, CA PREPARED BY: JS
CLIENT: GARAVAGLIA ARCHITECTURE CHECKED BY: IS
DESCRIPTION: 50% ESTIMATE ESTIMATE DATE: 8/4/2022

SECTION IV

ALTERNATES

Page 16 of 18 ends

1.00 MONUMENT SIGN REHAB 12.46 $ 7,728

2.00 TREE 11.84 $ 7,342

3.00 HVAC 35.77 $ 22,179

4.00 DOOR OPENERS & ACTUATORS, DOUBLE DOOR 24.93 $ 15,456

5.00 BENCHES 24.43 $ 15,147
TOTAL JOB DIRECT COSTS 620 GSF 109.44 $ 67,852

PRORATES INCLUDED IN ALTERNATES
General Conditions 16.00%
Design Contingency 15.00%
Escalation 7.00%
SUB-TOTAL 620 GSF 109.44 $ 67,852
Bonds / Insurance 2.00%
Contractors Fee 10.00%
TOTAL PROJECT COSTS 620 GSF 109.44 $ 67,852

SUMMARY OF THE ESTIMATE
50% ESTIMATE

ALTERNATES
DIV # DESCRIPTION QTY UNIT UNIT COST TOTALS

Page 17 of 18 ends

LELAND SAYLOR ASSOCIATES
PROJECT: ATHERTON RAIL STATION JOB NO: 22-032Cr1
LOCATION: ATHERTON, CA PREPARED BY: JS
CLIENT: GARAVAGLIA ARCHITECTURE CHECKED BY: IS
DESCRIPTION: DATE: 8/4/2022
ALTERNATES BLDG GSF: 620
50% ESTIMATE

ALTERNATES
DIV # DESCRIPTION QTY UNIT UNIT COST TOTALS

1.0 MONUMENT SIGN REHAB
RENOVATE MONUMENT SIGN 1 EA 5,000.00 5,000
MARKUPS 55% % 2,728
SUBTOTAL 1.0 7,728 12.46 $

2.0 TREE
DEMO & REPLACE TREE 5 EA 950.00 4,750
MARKUPS 55% % 2,592
SUBTOTAL 2.0 11.84 $ 7,342

3.0 HVAC
1 TON CONDENSING UNIT 2 EA 2,000.00 4,000
CONDENSATE LINE 12 LF 75.00 900
CONNECT CONDENSATE LINE TO DRAIN 2 EA 250.00 500
FAN COIL UNIT 2 EA 2,500.00 5,000
CONTROLS, SECURE 1 EA 750.00 750
DISCONNECT SWITCH 4 EA 250.00 1,000
220V FEEDERS 50 LF 44.00 2,200
MARKUPS 55% % 7,829
SUBTOTAL 3.0 35.77 $ 22,179

4.0 DOOR OPENERS & ACTUATORS, DOUBLE DOOR
DOOR OPENERS & ACTUATORS, DOUBLE DOOR 1 EA 10,000.00 10,000 MARKUPS 55% % 5,456
SUBTOTAL 4.0 24.93 $ 15,456

5.0 BENCHES
BENCHES, EXTERIOR 7 EA 1,400.00 9,800
MARKUPS 55% % 5,347
SUBTOTAL 5.0 24.43 $ 15,147

ESTIMATE DETAIL

Page 18 of 18 ends

Atherton Station Remodel

CITY COUNCIL STUDY SESSION
NOVEMBER 2, 2022
Station Remodel Review and Feedback
Exterior layout and Elevations
Interior Layout
Color Selection
HVAC Selection
Exterior Display Board
Cost Review
Exterior Layout and Elevations
Layout
Exterior layout and Elevations
Elevations
Exterior Layout and Elevations
Elevations
Exterior Layout and Elevations
Elevations
Interior Layout and Renderings
Layout
Interior Layout and Renderings
Renderings
Color Scheme
Color Scheme
Base Color
Trim Color 1 Trim Color 2
Paint Layers

HVAC OPTIONS
Mini-Split Heat Pump
Portable Unit (through window venting)
In-Wall Package Terminal Heat Pump

EXTERIOR BOARD OPTIONS
Wall Mounted Metal Frame
Wall Mounted Metal Frame with Header
Wall Mounted Recycled Plastic Frame
Preliminary Cost Estimates
 Building and Site (Base Bid): +/- $307,000
 Alternates: +/- $68,000
 Monument Sign Rehab: $7,700
 Trees: $7,300
 HVAC: $22,200
 Door Actuators: $15,500
 Benches: $15,200
 Total: $375,000
Item No. 2
Town of Atherton
CITY COUNCIL STAFF REPORT – STUDY SESSION
TO: HONORABLE MAYOR AND CITY COUNCIL
THROUGH: GEORGE RODERICKS, CITY MANAGER
FROM: LISA COSTA SANDERS, PLANNING CONSULTANT
DATE: NOVEMBER 2, 2022
SUBJECT: HCD COMMENTS ON THE DRAFT HOUSING ELEMENT
UPDATE

RECOMMENDATION
Provide direction to Staff on next steps and response to HCD comments.

BACKGROUND
All California cities and counties are required to accommodate their fair share of regional housing need in its General Plan. The next Housing Element cycle covers the period of 2023 through 2031 and is required to be adopted by January 31, 2023.

The Final RHNA for the Bay Area (https://abag.ca.gov/sites/default/files/documents/2021- 12/Final_RHNA_Allocation_Report_2023-2031-approved_0.pdf) was adopted by the Association of Bay Area Governments (ABAG) Executive Board on December 16, 2021. The Town’s allocation for the period of 2023-2031 is as follows:

Income Level Housing Units
Very Low (less than 50% of area median income)
Max income of $63,950 for single person to $91,350 for family of 4 94 Low (50% - 80% of area median income)
Max income of $102,450 for single person to $146,350 for family of 4 54 Moderate (80-120% of area median income)
Max income of $125,640 for single person to $179,520 for family of 4 56 Above Moderate (more than 120% of area median income) Market rate housing
144
Total 348
Draft Housing Element Update
November 2, 2022

Page 2 of 5 ends

The City Council held a joint session with the Planning Commission on April 28, 2021 to discuss the Housing Element process and provide direction to staff on potential strategies to consider. The City Council, at its January 12, 2022, February 24, 2022 and March 16, 2022 meetings received update reports from Staff on the initial housing strategies and provided direction to staff. The Town hosted a Community Open House on April 26, 2022 from 5:00 p.m. until 7:00 p.m. at the Holbrook Palmer Park Pavilion to discuss potential strategies with the community and receive input. The City Council met on May 18, 2022 to refine the housing strategies and again on May 24, 2022 to provide additional direction on site selection.

The Draft Housing Element was released on June 10, 2022 for a 30-day public review and comment period. Following review of public comments, the City Council revised the Draft Housing Element programs including;
• removed the multi-family overlay zone;
• removed changes to the PFS zone relating to multi-family housing at school sites; and • expanded the ADU program
The revised Draft Housing Element was submitted to HCD on August 2, 2022. Staff and consultant met with HCD on October 14, 2022 to hear HCD’s preliminary comments and the formal written comments will be received by the Town by October 31, 2022. The Draft Housing Element is available on the Town’s website:
https://www.ci.atherton.ca.us/DocumentCenter/View/10638/Atherton-Housing-Element-Draftto-HCD-8_2_2022 The purpose of this meeting is to review, at a high-level, the HCD comments and provide direction to staff on response and next steps.

ANALYSIS
HCD provided an outline of its comments to staff on October 14, 2022. These are included as Attachment 1. Complete written comments from HCD are expected to be received by October 31, 2022 and will be transmitted to Councilmembers and posted on the Town’s website upon receipt.

A highlight of some of the preliminary comments are summarized as follows (this summary is not all inclusive):
• Additional analysis is needed to address affirmatively furthering fair housing (AFFH), specifically, comparison to race and income disparities between the Town and adjacent jurisdictions and analysis of measures that will be taken to address. Additional analysis also needed to address education disparities, transit, cost burden, overcrowding, substandard housing, homeless, and displacement. All sites identified for housing must also include an analysis of to discern their compliance with AFFH.

Draft Housing Element Update
November 2, 2022

Page 3 of 5 ends

• Additional analysis for nongovernmental constraints, special needs households and governmental constraints.
• Additional analysis is needed in the analysis of sites for new housing development. • The projected new ADU development for the planning period is high and not based on historical production from 2018 to 2021. The Town will need to lower projections and include a monitoring program. Also need additional information to support the affordable income assumptions and limited units available for rent. This program is viewed by HCD as exclusionary (must know someone or be related to the property owner to be able to rent the ADU).
• Further analysis is needed for multi-family housing at school sites. HCD suggests removing CUP requirement, reduce zoning constraints (height, setbacks, lot coverage, etc.) and allow the multi-family housing development by-right due to resident opposition to new housing development.
• Need to provide multi-family housing sites (zoning) that address AFFH. Suggest multifamily housing be permitted by-right due to community opposition. State law requires multi-family housing be subject to objective design standards and not subject to discretionary design review process.
• All programs need definitive timeline and action steps. Remove “consider” from options and include specific timing for implementation.

NEXT STEPS
Upon receipt of the HCD final comment letter, staff and consultants will work to address HCD comments relating to additional analysis. Staff is already moving to address data analysis and other issues. Council direction, including opportunities for community input are needed to respond to HCD comments relating to expanding programs, including the possible identification of multifamily housing sites.

A multi-family overlay zone was previously discussed by the City Council. These sites and additional sites may need to be revisited in order to submit a Housing Element that HCD will consider as compliant. HCD considers a density of at least 20-units an acre as a “default” density that counts as meeting affordable housing requirements; however, the Town does not have to provide for density at that level to achieve certification. The Town can create density at lower levels provided that the Town is able to show the feasibility of those lower densities both satisfying the requirements of affordability and feasibility to achieve the required RHNA.

Additional analysis is also needed to support the proposed ADU program, including a survey of current property owners with ADU units to support affordable housing assumptions and rental availability. The Town will also be required to create an ADU monitoring and reporting program to show affordability success. Staff has already explored this with HIP Housing.

Draft Housing Element Update
November 2, 2022

Page 4 of 5 ends

The Housing Element is required to be adopted by cities and counties by January 31, 2023, and then the State has an additional 60 days in which to certify the Element as in compliance with State Law. However, if the Town reinstitutes changes to the Town’s underlying zoning additional CEQA analysis will be required. This analysis will take more time to complete that the Town has available. It is not recommended that the Town resubmit the current Draft Housing element with only minor modifications that do not address the entirety of the HCD’s concerns.

It is recommended that the Town diligently work on preparing a revised Housing Element that complies with State Law, recognizing that this will not occur within the specified timeline. Staff believes showing a good faith effort towards compliance will be better received by HCD and housing advocates rather than adopt the Housing Element as currently drafted within the specified timeline.

It is recommended that the City Council discuss next steps to respond to HCD. This could include smaller community discussions in neighborhoods and several Town-wide meetings. If the Council would like to host distributed community meetings, to facilitate this, it is suggested that the Council divide the Town up into five (5) neighborhoods and staff and the responsibility Councilmember will work to host neighborhood meetings. It is also suggested that the Town host at least two additional Town Hall style meetings during the distributed neighborhood meetings. Suggested dates for Town-wide community meeting are December 7, 2022 and January 11, 2023.

Key feedback from the Council this evening:
• Comments Upon Review of HCD’s Preliminary Feedback
• Concurrence with the Submission Strategy
• Feedback on a Community Outreach Plan and Designation of 5 Neighborhoods

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area B – Preserve Small Town Character and Quality of Life • Goal Area E – Strengthen Community Engagement and Transparency

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
Draft Housing Element Update
November 2, 2022

Page 5 of 5 ends

This item has not been before a Town Committee or Commission

ATTACHMENTS

1. HCD Preliminary Review Comments

2. Town Housing Element Update Website Link:

Housing Element Update | Atherton, CA - Official Website Town of Atherton Preliminary Review
Initial Draft Received:

Topic Notes
Prelim
Review
Review and Revise
Revise and Revise • Missing effectiveness of goals,
policies, and actions on special
needs groups
• Programs should state how the
continued programs will be updated
to incorporate what was learned
Housing Needs Assessment
Overpayment • Cost burden by tenure
• Lower income cost burden by tenure
Extremely low-income • Missing ELI by tenure
• Missing projected ELI
Housing conditions • Missing rehabilitation/replacement numbers (have ACS substandard
housing)
Housing costs Rent data should supplement ACS data
• Total number of housing units
Energy conservation • No analysis
Affirmatively Furthering Fair Housing
Outreach and Enforcement Any fair housing cases from DFEH or local organizations?
Address how outreach will occur throughout
the planning period
Local knowledge Missing local knowledge and other factors Additional analysis • Integration/segregation:
• describe concentrations of race
geographically locally and regionally
(especially low diversity within Town
and high concentrations of Hispanic
residents just outside of Town).

States what the dissimilarity and
isolation indices are but does not
describe them locally or regionally
• disability: describe concentrations in
the nearby region (and
concentrations on border of Town)
• familial: describe local and regional
concentrations geographically
• income: describe what contributes to
high incomes geographically within
town. Regional analysis missing
• R/ECAP: should analyze how the
R/ECAPs just outside of town relate to
the Town
• RCAA: local and regional analysis
missing
• Access to opportunity
• Education: what contributes to the
lower score west of El Camino Real?
• Employment: missing analysis of
access to jobs by protected classes.

What contributes to varied access to
jobs within the Town? Regional
analysis missing
• Transit: missing local and regional
analysis (only describes 2018 study)
• Environment: what contributes to the
lower score west of El Camino Real?
Regional analysis missing
• Disproportionate need
• Cost burden: missing local
geographic analysis and by tenure.

Regional analysis missing
• Overcrowding: regional analysis
missing
• Substandard housing: regional
analysis missing
• Homelessness: local analysis missing
• Displacement: displacement includes
more than just at risk units. must add
to analysis. Missing regional analysis
and analysis of disaster. Although no
displacement, the element shows
high risk of experiencing exclusion –
should be analyzed
Sites • Must analyze all AFFH factors
against identified sites.
• Must identify ADU strategy and
whether it contributes to continued
exclusion and disparities in access
Contributing factors • Only one contributing factor is
identified
• A relevant factor could be no state or
federally funded developments
• Potentially zoning barriers
• Must prioritize factors
Goals and Actions • Missing metrics and milestones and
geographic targets
Sites Inventory and Analysis
Sites inventory • Missing general plan designation
• Two of the school sites do not list any
units in the inventory
• The numbers in the inventory do not
equal what is stated in the analysis.

May need to identify additional sites
Realistic capacity • Missing
• Must describe realistic capacity
assumptions for sites. What will
density be, support for assumptions
• Need additional analysis for SB 9
sites
Infrastructure • Missing analysis for water/sewer/dry
utilities
• Priority program for Town owned
water/sewer
Zoning for lower • No analysis or use of default density Small and large sites School sites are large, missing analysis Publicly owned sites • Missing analysis and program
Sites Identified in Prior
Planning Periods
Missing program
Nonvacant • Additional detail on school sites and
Cal Water site (timing of availability,
feasibility, likelihood of development
in the planning period).
• Likelihood of redevelopment with
existing use
ADUs • High assumption. Need to lower and
add monitoring program (they
assume 35/year but our numbers
show 18.75 a year).

Electronic sites inventory FYI
Zoning for a Variety of Housing Types
Emergency shelters • What are standards?
• Spacing and shelter size are
constraints
• Comply with AB 139 parking?
• Are uses by amenities, any available
sites?
Ag housing Any agricultural uses allowed in any zones
(including residential)?
Must state whether zoning adheres to H&S
code 17021.5 and 17021.6 or add a
program
By right Permanent
Supportive Housing
Missing
Low Barrier Navigation
Centers
Missing
Mobile home Allowed in PFS the same way as a single
family home?
Multifamily housing Allowed only in PFS zone with a CUP and master plan. Must demonstrate realistic
opportunities for multifamily and analyze
use permit and master plan requirements as
potential constraints
ADUs Revise ordinance to comply with HCD’s
letter
Governmental and Non-governmental Constraints
Land use controls • What are allowed and/or typical densities in PFS?
• Are 3 stories allowed with 34 foot height
restriction?
• Setbacks are significant as well as max
lot coverage in PFS. Analyze as
constraint
Fees • Any fees for GP amendment, zone
change, site plan/master plan, specific
plan, or environmental fees?
• No water/sewer or fire fees?
• What are fees for multifamily?
• What are fees as a % of total
development cost?
Local ordinances • Analyze short term rental ordinance
Processing and permit
procedures
• Any design review required?
• What are the CUP findings?
• Describe master plan review (the
requirement for Multifamily)
• Streamlined process for SB 35
Persons with disabilities • Reasonable Accommodation: what are the findings of approval?
• How are group homes for 7 or more
allowed?
Nongovernmental
constraints
• Missing availability of financing
• Local efforts to address
nongovernmental constraints
• Requests to develop at densities below
the sites inventory
• Length of time between project approval
and request for building permit
Special Needs
Special needs • Large households: include analysis
but no number of large households in
the town
• Seniors: missing numbers, need
additional analysis
• Add analysis for persons with
disabilities
• Number of persons experiencing
homelessness in the town is missing
• What is the total population of the
town as well as population by age?
Housing Programs
Beneficial Impact • Ensure specific actions and timing
• Include proactive outreach
Sites • Rezone program
• Previously identified sites
• Sites with lower-income households
Assist in development • Missing some special needs
• Missing ELI
Constraints • Stated allowable densities are a
constraint, what is the Town doing to
address this?
AFFH • Programs should be tied to AFFH
and contributing factors
• Must include metrics and milestones
ADU • Monitoring program
• Stronger commitment to incentives
Quantified Objectives
Quantified Objectives Missing
Public Participation
• Were translation services available
• Any outreach to all economic
segments other than one mailer
• AFFH outreach (includes a survey
but no responses were from
residents of the Town)
• How were public comments
considered/incorporated into the
element
General Plan Consistency
General plan consistency Discuss how consistency is achieved and will be maintained
Questions, Follow Ups, FYI, To Be Determined
TBD Public comments
TBD By-right rezone program
TBD Transparency requirements
Programs:
- All programs must have timing, objectives, actions, and responsible parties listed - Program 3.811
o Action A: what is implemented? How will they be expedited? o Action B: SB 9 incentives and outreach to encourage development? What are the assumptions based on for the sites that aren’t actual applications? o Must include timing, objectives, actions, and responsible parties - Program 3.812
o ADUs must be based on actual permits for the year, not projected for the rest of 2022.
o Many of the incentives list “consider”. Implementation must be stronger and include commitments. Timing should be specific for each action - Program 3.813
o Should include incentives for implementation
o What actions are included in the program?
o Program should commit to rezones and discuss densities for the rezone o timing: states at the time of housing element adoption but it should be tied to a specific date. Also unclear what will be completed because the school sites don’t make commitments. FYI, if adoption is delayed, by-right requirements kick-in
- Program 3.814
o need more detail on the inclusionary fee. Tie timing to a specific date - Program 3.815
o Specify what actions are being taken
o How does the town assist property owners?
- Program 3.821
o Should include outreach for the existing programs
o Include specific timing
- Program 3.822
o Should include outreach.
o Include specific timing
- Program 3.823
o Need specific timing associated for each action
o Include how often outreach will occur
- Should include a program for all special needs groups, not just seniors and persons with disabilities
- Program 3.824
o Must clarify specific action for the program and timing - Program 3.831
o Clarify the action being implemented and also include timing and outreach - Program 3.841
o Should include timing, responsible party, funding, and objective o Should include outreach, metric, and how the town will provide support - Program 3.842
o Strengthen implementation language beyond “consider”. o Must clarify implementation action
o Include specific timing
- Missing the following programs:
o Shortfall rezone program if needed
o Nonvacant site occupied by lower income households
o Previously identified sites
o Regulatory concessions/incentives
o Extremely Low Income
o Non-governmental constraints
o Land use
o Fees and exaction
o Processing and permits
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 31, 2022
George Rodericks, Town Manager
Town of Atherton
80 Fair Oaks Lane, 1st Floor
Atherton, CA 94027
Dear George Rodericks
RE: Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the Town of Atherton (Town) draft housing element update received for review on August 2, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on October 14, 2022 with yourself and consultant Lisa Costa Sanders. In addition, HCD considered comments from Wesley Arrington, YIMBY Law, Greenbelt Alliance, Campaign for Fair Housing Elements, and Housing Leadership Council, pursuant to Government Code section 65585, subdivision (c).

The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory George Rodericks, Town Manager

Page 2 ends

deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the Town fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c) (1) (A) and Government Code section 65583.2, subdivision (c) are completed.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.

We are committed to assisting the Town in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Connor Finney, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 1 October 31, 2022

APPENDIX

TOWN OF ATHERTON
The following changes are necessary to bring the Town’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revise
Government Code (GC) Section 65588 requires: “Each local government shall review its housing element as frequently as appropriate to evaluate all of the following: (1) The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state housing goal. (2) The effectiveness of the housing element in attainment of the community's housing goals and objectives. (3) The progress of the city, county, or city and county in implementation of the housing element.” (4) The effectiveness of goals, policies, and related actions to meet the community’s special housing needs. GC 65583(a)(7).”
A thorough program-by-program review is necessary to evaluate Town's performance in addressing housing goals. While the element describes actual results of the prior element’s programs, it must provide a description of how the objectives and programs of the updated element incorporate changes resulting from the evaluation.

As part of the review of programs in the past cycle, the element must analyze the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness). Programs should be revised as appropriate to reflect the results of this evaluation.

B. Housing Needs Resources and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Fair Housing Enforcement and Capacity: While the housing element includes a summary of fair housing enforcement and outreach capacity, it should describe any fair housing lawsuits and related enforcement actions. In addition, this section should address how outreach will occur throughout planning period.

Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 2 October 31, 2022
Local Data and Knowledge: The element must include local data, knowledge, and other relevant factors to discuss and analyze any unique attributes about the Town related to fair housing issues. The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates and service providers, Town staff and related local and county planning documents and should include an analysis of the history of exclusionary zoning in the Town.

Integration and Segregation: The element provided some data regarding segregation and integration, but it should also describe concentrations of race both locally and regionally (i.e., geographically within the Town, as well as comparing the Town to the region). In addition, the element must discuss and analyze data on persons with disabilities regionally and over time. The element must describe and analyze concentrations of familial status both locally and regionally. Lastly, the element must describe what contributes to the high incomes geographically within the Town and provide a regional analysis.

Racial/Ethnic Areas of Concentration of Poverty (R/ECAP) and Affluence (RCAA): The element must also address concentrated areas of affluence both locally and regionally.

The analysis should evaluate the patterns and changes over time at a local (e.g., neighborhood to neighborhood) and regional level (e.g., Town to region) and include programs as appropriate (not limited to the regional housing need allocation (RHNA)).

Disparities in Access to Opportunity: While the element included some data, it should discuss what contributes to the lower education score in the Town west of El Camino Real. In addition, the element must analyze the disparities in access to jobs by protected classes and analyze what contributes to the varied access to jobs within the Town. The element must also provide a regional analysis for access to opportunity for employment and environment. Lastly, while the element describes a 2018 transit study, it must describe and analyze access to transit both locally and regionally.

Disproportionate Housing Needs, Including Displacement Risk: While the element includes some discussion on disproportionate housing needs, this discussion should also address the patterns within the Town and evaluate any similarities with other components of the assessment of fair housing. In addition, the analysis should include both local and regional discussions of cost burden by tenure. In addition, the element must include a regional analysis for overcrowding and substandard housing. The element should also analyze any demographic data available for persons experiencing homelessness. The analysis on displacement risk should be expanded beyond units atrisk of losing subsidy and also describe the high risk of residents experiencing exclusion. Lastly, the element must describe and analyze areas sensitive to displacement risk due to disaster (e.g., earthquake, fire, and flood).

Affirmatively Furthering Fair Housing (AFFH) and Sites Inventory: While the element includes a summary of fair housing related to the sites inventory, it must analyze how the identified sites contribute to or mitigate fair housing issues. An analysis should Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 3 October 31, 2022
address all of the income categories of identified sites with respect to location, the number of units by all income groups and how that affects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). This analysis should specifically address whether the ADU strategy to accommodate lower-income households contributes to continued exclusion and disparities in access to opportunity. If sites exacerbate conditions or isolates the RHNA by income group, the element should identify further program actions (not limited to the RHNA) that will be taken to promote equitable quality of life throughout the community (e.g., housing mobility and new opportunities in higher resource areas).

Contributing Factors to Fair Housing Issues: Based on the outcomes of a complete analysis, the element should re-assess contributing factors and particularly prioritize those factors then formulate appropriate policies and programs. Currently the element only includes one contributing factor. The element should address potential contributing factors such as barriers like exclusionary zoning or a lack of state and federally funded developments. Once additional factors are identified, they should then be prioritized.

Goals and Actions: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, discrete timing or milestones, geographic targeting and metrics or numerical targets. As appropriate, actions must address housing mobility, new housing choices and affordability in higher resource or higher income areas, place-based strategies for community preservation and revitalization and displacement protection.

2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Extremely Low-Income (ELI) Households: The element must quantify the number of existing and projected ELI households, and also analyze their housing needs. The analysis of ELI housing needs should also evaluate ELI households by tenure.

3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Overpayment: The element must quantify and analyze overpayment by tenure (i.e., renter and owner), for both the overall population and lower-income households.

Housing Conditions: The element includes the number of substandard housing units from Census data. However, the element must include an estimate of the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 4 October 31, 2022
enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations.

Housing Costs: While the element includes estimated rents for residents, it utilizes American Community Survey (ACS) data. The element should supplement census data with other sources (e.g., local knowledge).

4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Sites Inventory: While the sites inventory includes many requirements, it must include the general plan designation. Additionally, there are some discrepancies between cited sites and the inventory. For example, two of the school sites do not list any units in the inventory and the numbers in the inventory do not match what is stated in the analysis.

Additional sites will likely need to be identified to accommodate the RHNA.

Realistic Capacity: The element must provide assumptions for the calculation of residential capacity on identified sites included in the inventory and must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.

Small and Large Sites: Sites smaller than a half-acre and larger than ten acres in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size and affordability were successfully developed during the prior planning period or unless the housing element describes other evidence to HCD that the site is adequate to accommodate lower-income housing (Gov. Code, § 65583.2, subd. (c)(2)(A).). The element lists small and large sites but also should evaluate whether those sites are suitable to accommodate housing for lower-income households and add or modify programs as appropriate. For example, the element could list past consolidations by the number of parcels, number of owners, zone, number of units, affordability and circumstances leading to consolidation and then relate those trends to the identified sites or could explain the potential for consolidation on a site-by-site basis.

Suitability of Nonvacant Sites: While the element includes a description of the identified sites, it must include an analysis demonstrating the potential for additional development on nonvacant sites. Specifically additional details on the school sites and Cal Water site.

The description of existing uses should be sufficiently detailed to facilitate an analysis demonstrating the potential for additional development in the planning period. In addition, the element should analyze the extent that existing uses may impede Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 5 October 31, 2022
additional residential development. For example, the element includes sites identified as a private college, a school site, and a reservoir site, but little analysis was provided to demonstrate whether these existing uses would impede development of these sites within the planning period. The element can summarize past experiences converting existing uses to higher density residential development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development and include current information on development trends and market conditions in the Town and relate those trends to the sites identified. The element could also consider indicators such as age and condition of the existing structure expressed developer interest, existing versus allowable floor area, low improvement to land value ratio, and other factors.

Zoning for Lower-Income Households: The element must demonstrate zoning appropriate to accommodate housing for lower-income households. For sites with zoning meeting specified densities or default densities (20 units per acre in Atherton), no analysis is required. Otherwise, the element must include analysis based on statutory factors, including but not limited to financial feasibility and experience within the zone.

SB 9 Sites: The element identifies SB 9 as a strategy to accommodate the part of the Town’s RHNA. To support these assumptions, the analysis must include experience, trends and market conditions that allow lot splits and missing middle uses. The analysis must list the potential SB 9 sites and demonstrate the likelihood of redevelopment, including whether existing uses constitute as an impediment for additional residential use. The analysis should describe how the Town determined eligible properties, whether the assumed lots will have turnover, if the properties are easy to subdivide, and the condition of the existing structures. The analysis should also describe interest from property owners as well as experience. The analysis should provide support for the units being developed within the planning period. Based on the outcomes of this analysis, the element should add or modify to establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development as well as monitor development every two years with and identify additional sites within six months if assumptions are not being met. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9.

Publicly Owned Sites: The element identifies multiple publicly-owned sites including the Public Facilities and Schools District, the Menlo School, and Cal Water Bear Gulch Reservoir sites. The element must include additional discussion on each of the publiclyowned sites identified to accommodate the RHNA. Specifically, the analysis should address general plan designations, allowable densities, support for residential capacity assumptions, existing uses and any known conditions that preclude development in the planning period and the potential schedule for development. If zoning does not currently allow residential uses at appropriate densities, then the element must include programs to rezone sites pursuant to Government Code section 65583.2, subdivisions (h) and (i).

In addition, the housing element, where appropriate, must include a description of Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 6 October 31, 2022
whether there are any plans to sell the property during the planning period and how the jurisdiction will comply with the Surplus Land Act Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.

Previously Identified Nonvacant and Vacant Sites: If nonvacant sites identified in a prior adopted housing element or vacant sites identified in two or more consecutive planning periods, the sites are inadequate to accommodate housing for lower-income households unless:
• The site’s current zoning is appropriate for the development of housing affordable to lower-income households by either including analysis or meeting the appropriate density and
• The site is subject to a housing element program that requires rezoning within three years of the beginning of the planning period to allow residential use byright for housing developments in which at least 20 percent of the units are affordable to lower-income households. (Gov. Code, § 65583.2, subd. (c).) Infrastructure: The element must demonstrate sufficient existing or planned water, sewer, and other dry utilities supply capacity, including the availability and access to distribution facilities, to accommodate the RHNA.

For your information, water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. (Gov. Code, § 65589.7.) Local governments are required to immediately deliver the housing element to water and sewer service providers.

Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), upon adoption of the housing element, the Town must submit an electronic version of the sites inventory with its adopted housing element to [email protected].

HCD has not received a copy of the electronic inventory. Please note, the Town must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at
https://www.hcd.ca.gov/community-development/housing-element/index.shtml#element for a copy of the form and instructions. The Town can reach out to HCD at [email protected] for technical assistance.

Accessory Dwelling Units (ADUs): The element projects approximately 35 ADUs per year over the eight-year planning period. This trend is inconsistent with HCD records of 19 ADUs per year. To support assumptions for ADUs in the planning period, the element should reduce the number of ADUs assumed per year and reconcile trends with HCD records, including additional information such as more recent permitted units and inquiries, resources and incentives, other relevant factors and modify policies and programs as appropriate. Further, programs should commit to additional incentives and strategies, frequent monitoring (every other year) and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 7 October 31, 2022
(e.g., six months) if needed. The element must also address affordability assumptions for ADU projections.

Zoning for a Variety of Housing Types:
• Emergency Shelters: The element should clarify shelters are permitted without discretionary action and discuss available sites, acreage, including typical parcel sizes and the presence of reuse opportunities, proximity to transportation and services and any conditions inappropriate for human habitability. The analysis should also list and evaluate all development standards and address the constraints on spacing and shelter size with a program. Finally, the element should analyze whether parking requirements comply with AB139/Government Code section 65583, subdivision (a)(4)(A) or include a program to comply with this requirement.
• Housing for Employees: The Employee Housing Act permits housing under specific provisions. Section 17021.5 requires employee housing for six or fewer employees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone. The element must demonstrate compliance with these requirements and include programs as appropriate.
• By-Right Permanent Supportive Housing: Supportive housing shall be a use byright in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with these requirements and include programs as appropriate.
• Low Barrier Navigation Centers: Low Barrier Navigation Centers shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65660. The element must demonstrate compliance with this requirement and include programs as appropriate.
• Mobile Homes: The element must clarify whether mobile homes on a permanent foundation in the PFS zone are approved in the same way as single-family homes, if not a program should be added as appropriate. • Multifamily Housing: The element states that multifamily housing is allowed only in PFS zone with a Conditional Use Permit (CUP) and master plan. The element must analyze and demonstrate realistic opportunities for multifamily and analyze the CUP requirement for multifamily as a potential constraint on housing supply and affordability. The analysis should identify findings of approval for the CUP and their potential impact on development approval certainty, timing, feasibility and cost. If constraints are identified, programs should be included to address and remove or modify these constraints.
• Accessory Dwelling Units (ADUs): The element indicates the Town modified its zoning code to ease barriers to the development of ADU’s. However, after a cursory review of the Town’s ordinance, HCD discovered several areas which Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 8 October 31, 2022
are not consistent with State ADU Law. HCD will provide a complete listing of ADU non-compliance issues under a separate cover. As a result, the element should include a program to update the Town’s ADU ordinance to comply with state law. For more information, please consult HCD’s ADU Guidebook, published in December 2020, which provides detailed information on new state requirements surrounding ADU development.

5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).).

Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types. The analysis should analyze land use controls independently and cumulatively with other land use controls.

The analysis should specifically address requirements related to parking, heights, lot coverage and allowable density ranges. The analysis should address any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities. For example, the element should describe allowed uses and typical densities in the PFS zone. In addition, the element notes that zones include a 34-foot height restriction, the element should clarify whether three stories are allowed in zones that allow multifamily or add a program to address the constraint. The required setbacks and maximum lot coverage requirements should also be analyzed as a constraint in the PFS zone. Lastly, the element states that low allowable densities are a constraint on housing; the element should include a program to mitigate the identified constraint.

Zoning Fees and Transparency: The element must list all fees and clarify its compliance with new transparency requirements for posting all zoning and development standards, and fees for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1(a)(1).

Fees and Exaction: While the element provides a cumulative analysis of fees for single family developments, it should also provide this analysis for multifamily developments.

In addition, the element should list all the various planning and impact fees associated with development, including but not limited to general plan amendments, zone changes, site plan or master plans, specific plans, environmental fees, and water/sewer fees.

Lastly, the element should analyze the proportion of total fees and the proportion to the development costs of both single family and multifamily housing.

Local Processing and Permit Procedures: While the element describes some of the use permit procedures, it must further describe and analyze the Town’s permit processing and approval procedures by zone and housing type. The analysis must evaluate the processing and permit procedures’ impacts as potential constraints on housing supply Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 9 October 31, 2022
and affordability. For example, the element should clarify whether design review is required. In addition, the element must describe the CUP findings and procedures as well as describe master plan review requirements for multifamily development and analyze these as constraints on housing development. Based on the outcomes of the analysis, the element should add or modify programs to streamline approval of multifamily housing and promote approval certainty.

Local Ordinances: The element must analyze any locally adopted ordinances that directly impacts the cost and supply of residential development. While the element states that the Town has a short-term rental ordinance, it should be analyzed for constraints on housing development.

Streamlining Provisions: The element must clarify whether the Town has procedures in place consistent with streamlining procedures pursuant to Government Code section 65913.4 and include programs as appropriate.

Constraints on Housing for Persons with Disabilities: The element must include an analysis of zoning, development standards, building codes, and process and permit procedures as potential constraints on housing for persons with disabilities. For example, the element must describe the findings and approval procedure for the Town’s Reasonable Accommodation procedure. In addition, the element must describe and analyze how group homes for seven or more are allowed within the Town and add programs as appropriate. For your information, zoning should simply implement a barrier-free definition of family instead of subjecting, potentially persons with disabilities, to special regulations such as the number of persons, population types and licenses.

These housing types should not be excluded from residential zones, most notably lowdensity zones, which can constrain the availability of housing choices for persons with disabilities. Requiring these housing types to obtain a special use or CUP could potentially subject housing for persons with disabilities to higher discretionary exceptions processes and standards where an applicant must, for example, demonstrate compatibility with the neighborhood, unlike other residential uses. The element should add or modify programs to address the constraint as appropriate.

6. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).)
Availability of Financing: The element must describe the availability of financing, including private financing and government assistance programs, is generally available in the community.

Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 10 October 31, 2022
Approval Time and Requests for Lesser Densities: The element must include analysis of requests to develop housing at densities below those identified, the length of time between receiving approval for a housing development and submittal of an application for building permits. The element must address any hinderance on the construction of a locality’s share of the regional housing need.

7. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Special Needs: While the element quantifies the Town’s special needs populations, it must also analyze their special housing needs. For a complete analysis of each population group, the element should discuss challenges faced by the population, the existing resources to meet those needs (e.g., availability senior housing units, # of large units, # of deed restricted units, etc.), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps. In addition, the element must quantify and analyze the number of large households, elderly persons, and persons experiencing homelessness in the Town.

8. Analyze the opportunities for energy conservation with respect to residential development. (Gov. Code, § 65583(a)(8).)
The element must include analysis of energy conservation opportunities in residential development. The analysis should facilitate the adoption of housing element policies and programs. For example, programs could provide incentives to promote higher density housing along transit, encourage green building techniques and materials in new construction and remodels, promote energy audits and participation in utility conservation programs, and facilitate energy conserving retrofits upon resale of homes.

C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element. (Gov. Code, § 65583, subd. (c).)
To have a beneficial impact in the planning period and address the goals of the housing element, programs must be revised with discrete timelines (e.g., at least annually or month and year) or timeframes earlier in the planning period. Additionally, programs should include specific commitment and actions toward beneficial impacts or housing outcomes. Program language such as “discuss”, “review”, “develop” and “explore” should be complemented or replaced with commitment such as adopt, pursue, apply or identify. Programs to be revised include the following:

Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 11 October 31, 2022
• Program 3.814 (Adoption of an Inclusionary Zoning Ordinance): The element should include additional information on the inclusionary fee and include a specific date of implementation.
• Program 3.815 (Conservation and Rehabilitation of Existing Units): The program should specify what actions will be taken and clarify how the Town will assist property owners.
• Program 3.821 (Seniors): The program should include outreach for the existing programs listed as well as include specific timing for implementation. • Program 3.822 (Disabled and Developmentally Delayed Persons): The program should include proactive outreach and specific timing for implementation. • Program 3.823 (Equal Housing Opportunity): The program should include implementation timing for each action listed as well as how often outreach will occur during the planning period.
• Programs 3.824 (Emergency Shelters, Transitional and Supportive Housing) and

3.831 (Energy Conservation): The programs must include clear actions for implementation as well as specific timing.
• Program 3.841 (Shared Housing): The program should be revised to include specific timing, identify a responsible party, funding, and objective. In addition, the program should include proactive outreach and describe how the Town will provide the identified support.
• Program 3.842 (Housing Compliance and Monitoring): The program should be revised with specific commitment beyond “consider” for the identified actions. In addition, the program should clarify the action being taken and include specific timing for implementation.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B4, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the Town may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Program 3.813 (Multifamily Housing Development on School and other Properties): This program should be revised to include specific incentives for implementation and clarify Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 12 October 31, 2022
what actions will be completed as part of the program. In addition, the element must commit to the rezones and discuss the densities that will be allowed with the rezone.

The program currently references timing associated with adoption of the element. The Town should be aware that if the adoption is not complete by the start of the planning period (January 31, 2023), the Town will be subject to right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i).

Shortfall of Adequate Sites: If the element does not identify adequate sites to accommodate the regional housing need for lower-income households, it must include a program(s) to identify sites with appropriate zoning to accommodate the regional housing need within the planning period. The program should identify the shortfall by income group, acreage, allowable densities, appropriate development standards and meet all by right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i), including but not limited to permitting multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower income households.

Replacement Housing Requirements: The housing element must include a program to provide replacement housing. (Gov. Code, § 65583.2, subd. (g)(3).) The replacement housing program must adhere to the same requirements as set forth in Government Code section 65915, subdivision (c), paragraph (3).

3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) The element must include a program(s) with specific actions and timelines to assist in the development of housing for extremely low-income households. The program(s) could commit the Town to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to extremely low-income households; assisting, supporting or pursuing funding applications; and outreach and coordination with affordable housing developers.

In addition, the element must also include a program(s), as appropriate, to assist in the development of housing for all special needs households (e.g., elderly, homeless, farmworkers, persons with disabilities, female-headed households). Program actions could include proactive outreach and assistance to non-profit service providers and developers, prioritizing some funding for housing developments affordable to special needs households and offering financial incentives or regulatory concessions to encourage a variety of housing types.

4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 13 October 31, 2022
accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B5 and B6, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of that analysis, the Town may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised as follows:

5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
The element must include actions that promote AFFH opportunities as stated in Finding B1. For example, the element could include a program committing to implement Government Code section 8899.50, subdivision (b) which requires the Town to administer its programs and activities relating to housing and community development in a manner to AFFH and take no action that is materially inconsistent with its obligation to AFFH. Programs should address enhancing housing mobility strategies; encouraging development of new affordable housing in high resource areas; improving place-based strategies to encourage community conservation and revitalization, including preservation of existing affordable housing; and protecting existing residents from displacement. The programs should also include specific commitment, milestones, geographic targeting and metrics or numerical targets for meaningful outcomes and fair housing results.

6. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent... (Gov. Code, § 65583, subd. (c)(7).) Program 3.812 (New Construction of Affordable Accessory Dwelling Units): The program must clarify the actions that will be implemented to incentivize ADUs beyond “consider”. In addition, the program should include implementation timing for each specific action. Lastly, as mentioned above, the Town should adopt a program to comply with state ADU law, monitor production and affordability of ADUs throughout the planning period and identify additional actions as needed.

D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element did not address this requirement. The element must include quantified objectives for new construction, rehabilitation, and conservation by income group, including extremely low-income households. Please see the Building Blocks for additional information.

Town of Atherton’s 6th Cycle (2023-2031) Draft Housing Element Page 14 October 31, 2022
E. Public Participation:

Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the element includes a general summary of the public participation process, the element should also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. The element could describe the efforts to circulate the housing element among low- and moderate-income households and organizations that represent them and to involve such groups and persons in the element throughout the process. In addition, the element should also summarize the public comments and describe how they were considered and incorporated into the element. Lastly, the element should describe whether translation services were available during the process.

F. General Plan Consistency
The Housing Element shall describe the means by which consistency will be achieved with other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).) The element must describe how consistency was achieved and how it will be maintained during the planning period. For example, the element could include a program to conduct an internal consistency review of the General Plan as part of the annual General Plan implementation report required by Government Code section 65400. The annual report can also assist future updates of the housing element.

Atherton City CouncilNovember 2, 2022

Atherton City Council
November 2, 2022