Agenda packet — Atherton City Council, May 17, 2023 (part 2 of 2)

Proposal for Services • PLACEWORKS 43
address comments received on the Initial Study/Negative Declaration, we will request use of contingency funds or a contract amendment to complete Response to Comments. We will prepare an Administrative Draft Response to Comments Memorandum for review by staff. Based on staff comments, we will complete revisions and deliver a Final Response to Comments Memorandum.

If it is determined that the preparation of a CEQA document requires public circulation (Negative Declaration, Mitigated Negative Declaration, or an EIR), consultation with any Native American tribes that have requested consultation pursuant to AB 52 would be required, which can be combined with outreach efforts described in Task 8.4.

Deliverables:
» Screencheck and Public Review Drafts of the IS/ND (Word and PDF formats) » Administrative and Public Review Draft of the MMRP (Word and PDF formats) » Administrative and Final Draft of the NOI (Word and PDF formats) » Administrative and Final Draft of the Response to Comments Memorandum (Word and PDF formats) » Draft letters to the identified tribes
» Facilitation, attendance, and documentation of requested consultations Task 9: Board of Forestry Review
Participating Jurisdictions: Belmont, Half Moon Bay, and San Mateo County.

Any Participating Jurisdiction that includes State Responsibility Areas or Very High Fire Hazard Severity Zones must submit its updated Safety Element to the California Board of Forestry and Fire Protection (Board of Forestry) at least 90 days prior to adoption, per State law. The PlaceWorks team has collaborated extensively with staff from CAL FIRE’s Land Use Planning Program, who review the Safety Elements and present them to the Board of Forestry and has established very good working relationships with them. We work closely with CAL FIRE staff to address any recommended revisions to the Safety Element informally, before submitting them to the Board of Forestry. Many of our Safety Elements require no revisions before going to the Board of Forestry, and all others need only minor changes. We have never had the Board of Forestry recommend changes for any Safety Element that we have submitted.

Per California Government Code 51178, the State Fire Marshal is required to provide local agencies with the areas within their jurisdiction that meet Fire Hazard Severity Zone criteria for their local adoption and implementation, including inclusion in the Safety Element of the General Plan. Cal FIRE has been working to review, update, identify, and map Fire Hazard Severity Zones in Local Responsibility Areas. We anticipate CAL FI–E - Office of the State Fire Marshal will begin providing local governments updated draft Fire Hazard Severity Zone maps for Local Responsibility Areas in mid to late 2023 or possibly early 2024. These updated maps could change High Fire Severity Areas within the incorporated cities, which could result in the requirement for CAL FIRE/Board of Forestry review for additional cities than currently identified in this task.

The PlaceWorks team can provide Task 9 services to additional Participating Jurisdictions upon Participating Jurisdiction approval through the use of the contingency budget.

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Technical Proposal
44 SAN MATEO COUNTY • Multi-Jurisdictional Safety Element Update

9.1 CAL FIRE/Board of Forestry Safety Element Review
Participating Jurisdictions: Belmont, Half Moon Bay, and San Mateo County.

As required by State law, PlaceWorks will submit draft Safety Elements to CAL FIRE’s Land Use Planning Program for all applicable jurisdictions. CAL FIRE staff will review the draft Safety Elements and make recommendations. We will discuss any recommendations with jurisdiction staff and will either revise the Safety Element in response or will provide a written explanation for why the revision has not been made. We will make all appropriate revisions to the Safety Element before CAL FIRE staff pass the element on to the Board of Forestry. We recommend that we submit the Safety Elements to CAL FIRE staff at the beginning of the public review process.

State law requires that any jurisdiction containing State Responsibility Areas or Very High Fire Hazard Severity Zones must submit their Safety Element to CAL FIRE/Board of Forestry. Currently, this applies to Belmont, Half Moon Bay, and unincorporated San Mateo County. However, we are aware that CAL FIRE is currently revising their hazard severity zone mapping, and it is possible that additional communities may include Very High Fire Hazard Severity Zones in this updated mapping. The updated mapping is expected to be released sometime in 2023.

Deliverables:
» CAL FIRE Safety Element review checklist (electronic, for each relevant Participating Jurisdiction) and submittal to CAL FIRE.
» Coordination, and meetings if needed, with CAL FIRE staff during review of Safety Element. » Participation in Board of Forestry Resource Protection Committee meeting during review of Safety Element (1 virtual meeting per participating jurisdiction).

Task 10: Public Agency Boards – Review and Approval
Participating Jurisdictions: Atherton, Belmont, Burlingame, East Palo Alto, Half Moon Bay, San Bruno, and San Mateo County.

Each Participating Agency’s Planning Commission and City Council/Board of Supervisors must formally review the draft Safety Element and its associated environmental review document. To support a successful review and adoption of each Safety Element, we will support staff to provide regular updates to their Planning Commission and City Council/Board of Supervisors as informational items or as Commission/Council/Board workshops or study sessions at key points during the process. At the end of the process, after all public and external agency comments are incorporated into the draft Safety Elements, they will be ready for final review and adoption by each jurisdiction through public hearings. These hearings will be the culmination of the Safety Element Update process and will allow members of the public to provide additional input prior to adoption. The PlaceWorks team will work with Participating Jurisdiction staff materials in support of these hearings.

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Proposal for Services • PLACEWORKS 45

10.1 Prepare Planning Commission and City Council/Board of Supervisor Materials
Participating Jurisdictions: Atherton, Belmont, Burlingame, East Palo Alto, Half Moon Bay, San Bruno, and San Mateo County.

During the planning process, the PlaceWorks team will prepare a Planning Commission/City Council/Board of Supervisors Briefing Packet for Participating Jurisdiction staff at three points in the process: (1) project initiation/vulnerability assessment, (2) draft goals, policies, and action preparation, and (3) draft element review. These Briefing Packets will provide an overview of the project status in a brief memo and set of slides that will highlight work completed to-date, opportunities for public engagement, and next steps.

Participating Jurisdiction staff will be responsible for putting this content into agency specific templates or formats, modifying it if needed to include jurisdiction specific details, and for presenting it to their Planning Commission/City Council/Board of Supervisors.

Following completion of Tasks 2-9, the PlaceWorks team will prepare drafts of the Safety Elements incorporating all relevant comments from members of the public, CAL FIRE/Board of Forestry and other public agencies, and other stakeholders as relevant. These drafts will serve as the “public hearing drafts” that will be brought forward to the Planning Commission and City Council/Board of Supervisors for review and adoption. Additionally, we will work with jurisdiction staff to support preparation of materials for the Planning Commission and City Council/Board of Supervisors public hearings. This support may include preparing drafts of materials and reviewing content prepared by Participating Jurisdiction staff. We anticipate that such materials may be staff reports, presentations, resolutions, or other items that may be helpful for hearings. We will prepare all materials using consistent graphics, branding, and other design features as requested.

Deliverables:
» Public hearing draft Safety Element (electronic, for each Participating Jurisdiction) » Briefing packets (three, electronic, draft and final) » Staff report content and PowerPoint slides to support on study session during the final public review phase and two public hearings (electronic, for each Participating Jurisdiction, draft and final)

10.2 Attend Planning Commission and City Council/Board of Supervisor Meetings
Participating Jurisdictions: Atherton, Belmont, Burlingame, East Palo Alto, Half Moon Bay, San Bruno, and San Mateo County.

Staff from the PlaceWorks team will attend one study session of the Planning Commission or City Council (or a joint meeting) at the initial release of the draft Safety Element, and one Planning Commission, and one City Council/Board of Supervisor meeting for each participating jurisdiction at the adoption stage. We expect that these meetings will be in-person, although we are able to participate virtually if preferred. PlaceWorks will be prepared to support staff with presentations, respond to questions from officials, and fill other roles as needed.

If any Planning Commissions or City Councils/Board of Supervisors direct changes to the draft Safety Elements prior to recommendation/adoption, we will incorporate these changes into a separate final draft

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Technical Proposal
46 SAN MATEO COUNTY • Multi-Jurisdictional Safety Element Update following adoption. Otherwise, the public hearing drafts will serve as final drafts, with any necessary changes to reflect their adopted state.

Deliverables:
» Final draft Safety Element (electronic, for each Participating Jurisdiction) » Attendance at one study session and two public hearings (one Planning Commission meeting and one City Council/Board of Supervisors meeting) for Atherton, Belmont, Burlingame, East Palo Alto, Half Moon Bay, San Bruno, and San Mateo County. Meeting attendance is assumed to be in person and includes travel time from the office location of the lead staff person assigned to the agency plus travel costs. Participating Jurisdictions can elect for virtual participation of the PlaceWorks team to reduce costs.

10.3 Add-on: Attend Additional Public Meetings
Participating Jurisdictions: East Palo Alto, San Bruno, and San Mateo County.

We recognize that the preferences and processes for review of General Plan Amendments can vary by jurisdiction and that some Participating Jurisdictions may need additional meeting support beyond the three public meetings scoped in Task 10.2. Members of the PlaceWorks team can participate in additional meetings of the Planning Commission and/or City Council/Board of Supervisors if requested by Participating Jurisdiction staff. Participation in additional meetings may be virtual or in-person as desired. We can support Participating Jurisdiction staff to prepare or review any additional meeting materials as may be needed. This task assumes additional meeting support as noted below by jurisdiction; however, if additional meeting is requested, it can be available on a time-and-materials basis through the contingency budget. Meeting attendance is assumed to be in person and includes travel time from the office location of the lead staff person assigned to the agency plus travel costs. Jurisdictions can elect for virtual participation of the PlaceWorks team to reduce costs.
» East Palo Alto: One additional public meeting, hearing, or study session with Planning Commission and/or City Council.
» San Bruno: One additional public meeting, hearing, or study session with Planning Commission and/or City Council.
» San Mateo County: Three additional public meetings, hearings, or study sessions with the Planning Commission and/or Board of Supervisors.

Deliverables:
» Attendance at additional public hearings as noted.
» Support with meeting materials for additional meetings. (electronic, draft and final)

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Proposal for Services • PLACEWORKS 47
Project Schedule
PlaceWorks’ proposed schedule for completion of the Safety Element Multi-Agency Collaborative is shown in Figure 1. In our experience, Safety Element preparation with the tasks included in the proposed scope of work can average 18 to 24 months to allow for robust stakeholder engagement, potential delays with receipt of data from external agencies, and environmental review. We have prepared a 24-month schedule.

PlaceWorks has a strong track record in meeting project schedules and coordinating closely with its clients as part of our approach to quality project management. Our project management process allows for potential project delays to be revealed early and to identify options to keep the project on-track or to adjust the schedule if needed. We recommend reviewing and confirming a detailed schedule during contract negotiations or as part of project initiation. Over years of managing projects, we have developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times.  We maintain an up-to-date schedule throughout the project, to ensure that all team members are aware of upcoming meetings and product due dates.
 We stay in close, regular contact with staff and our community partners and document important decisions about the project in writing, which ensures that decisions are understood by all team members.  We schedule project due dates for staff with adequate time for editing and formatting into finished reports.

Our team takes a project management approach that focuses on providing a quality process and product in sync with the budget and schedule while enjoying our work and collaborating as a team to ensure that everyone’s strength and input are well-integrated. We approach project management as a dynamic process and one that is critical to the process. This starts during the preparation of the proposal and continues through the project initiation, execution, and completion. Our project manager maintains regular coordination and check-ins with the project team, including our teaming partners and clients. We use tools such as Deltek, Asana, MS Project, and others as needed to support our projects.

In addition to our overall project kick-off meeting, we begin each task by reviewing objectives, budget, schedule, roles, and workflows with all members of our team so that everyone knows both their individual roles and the big picture. We also review each task at completion to assess the work, identify any issues of concern for the project team, identify any lessons learned that should be applied to later tasks, and consider any potential scope or budget considerations. Our project managers assess financial project performance monthly as part of invoice preparation.

Our team uses ongoing quality assurance and quality control (QA/QC) processes throughout the project development process as an integral component of our project management approach. We deliver work that is scientifically accurate, consistent with all legal requirements, and meets all needs of our clients. This not only includes plan documents and memos, but technical analyses, data workbooks, outreach materials, and all other work products prepared for our projects. All work is reviewed by the project manager and other senior PlaceWorks staff to ensure that it meets this rigorous set of criteria. A technical editor reviews all work to ensure accurate spelling and grammar, consistent tone, and proper sourcing. Our Word processing staff and graphic designers also review work products for consistent formatting and readability.

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Technical Proposal
48 SAN MATEO COUNTY • Multi-Jurisdictional Safety Element Update Figure 1 Project Schedule
Tasks April
2023 May June July Aug Sept Oct Nov Dec Jan
2024 Feb Mar April May June July Aug Sep Oct Nov Dec Jan 2025 Feb Mar Task 1. Project Coordination and Communication

1.1. Collaborative Steering Committee * * * * * * * *

1.2. Technical Advisory Committees and 1x1 Support * * * * * *

1.4. Ongoing Project Management * * * * * * * * * * * * * * * * * * * * * * * * Task 2. Community Engagement and Equity Approach

2.1. Public Engagement Plan

2.2. Equity Approach

2.3. Community Based Organizations Partnerships

2.4. Community Workshops * * * *

2.5. Hard-to-Reach/Community Group Meetings * * * * * * * * *

2.6. Stakeholder Meetings * * * * * * * *

2.7. Develop Project Website

2.8. Mapped Survey Tool

2.9. Story Map * *

2.10. Community Input Report
Task 3. Vulnerability Assessment and Hazard Maps

3.1. GIS Database for Hazards *

3.2. GIS Database for Asset Layers *

3.3. Identify Sensitive Populations *

3.4. Prepare Asset Lists *

3.5. Identify Flood and Fire Hazard Data *

3.6. Evacuation Constraints Analysis *

3.7. Vulnerability Assessment *

3.8. Summarize Results of Vulnerability Assessment *

3.9. Online Map Viewer

3.10. Hazard Maps for Inclusion in Safety Element
Task 4. Background Information on Hazards

4.1. Update Hazard Background Information
Task 5. Goals, Objectives, and Policies

5.1. Regional Best Practices Summary

5.2. Review of Existing Plans, Requirements, and Gaps

5.3. Draft Goals, Policies, and Objectives *

5.4. Revise Goals, Policies, and Objectives
Task 6. Implementation Measures

6.1. Develop Draft Implementation Measures *

6.2. Revise Implementation Measures

6.3. Implementation Recommendations
Task 7. Safety Elements Drafted for Jurisdiction

7.1. Administrative Draft Safety Elements for Jurisdictions

7.2. Public Review Draft Safety Elements
Task 8. CEQA Analysis

8.1. CEQA Project Management and Initiation *

8.2. Environmental Checklist Memo

8.3. CEQA Document

8.4. Native American Tribal Consultation
Task 9. Board of Forestry Review

9.1. CAL FIRE/Board of Forestry Safety Element Review * Task 10. Public Agency Boards - Review and Approval

10.1. Prepare Planning Commission and City Council/Board of Supervisor Materials

10.2. Attend Planning Commission and City Council/Board of Supervisor Meetings * * *

10.2. Attend Additional Public Hearings or Meetings * * * PlaceWorks Preparation of Project Task
Staff Review of Work Products
Meetings - Conference Calls or In-Person *

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Proposal for Services • PLACEWORKS 71

PRICE PROPOSAL
As shown in Table 3, the estimated cost to complete the scope of work described in this proposal is $1,224,016 for the baseline scope of work plus add-on tasks, expenses, and a contingency budget.

Table 4 shows the fee proposal broken down by agency. Tables 3 and 4 are included as separate files.

PlaceWorks bills its work on a time-and-materials basis with monthly invoices.

Assumptions
In addition to the assumptions for the scope of work, this cost estimate assumes that:
 PlaceWorks bills its work on a time-and-materials basis with monthly invoices.  Our cost estimate includes the meetings as scoped. Additional meetings will be billed on a time-andmaterials basis at the direction of the CPC Project Manager. At least one member of the project management team will attend project meetings, public workshops, and other public meetings identified in the scope.
 All products will be submitted to the City in electronic format, which includes Microsoft Word, Microsoft Excel, and Adobe Acrobat.
 Participating Jurisdiction staff will be responsible for TAC, planning commission, City Council/Board of Supervisors, and advisory body meeting logistics, including coordination, document production, applicable public noticing, mailing costs, room reservations, room set-up and take-down, refreshments, and final preparation and posting of staff reports.

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Price Proposal
72 SAN MATEO COUNTY • Multi-Jurisdictional Safety Element Update Table 3 – PlaceWorks Fee Proposal - Detailed by Task
Seale Krispi Rohr Jansen McCracken Mazur Guy/Giffin Barker/Kha Lau DiPierro Robbins/ Miller
Atlas Planning
Solutions
Nexus
Planning CRC
Principal-inChargeProject
Manager
Asst. Project
Manager
Principal
Advisor CEQA Lead GIS Principal
GIS
Associate Associate Website & Outreach
GIS
Analyst
Project
Planner
$250 $210 $175 $260 $245 $225 $155 $155 $165 $125 $140 $135 $135 $125 TASK 1. TASK 1. PROJECT COORDINATION AND COMMUNICATION (9 agencies) 1 Collaborative Steering Committee 27 36 45 4 36 148 $565 $28,830 $3,150 $0 $0 $315 $3,465 $32,295 2 Participating Agency Support: Technical Advisory Committees and 1x1 Support 18 56 56 24 12 6 172 $636 $32,426 $9,440 $0 $0 $944 $10,384 $42,810 3 Ongoing project management 44 56 48 148 $623 $31,783 $0 $0 $0 $0 $0 $31,783 Task 1. Subtotal 89 148 149 4 0 0 0 0 0 0 60 0 12 6 468 $1,824 $93,039 $12,590 $0 $0 $1,259 $13,849 $106,888 TASK 2. COMMUNITY ENGAGEMENT AND EQUITY APPROACH (8 agencies) 1 Public Engagement Plan (PEP) 8 8 8 8 16 2 50 $193 $9,863 $700 $0 $2,275 $298 $3,273 $13,136 2 Equity Approach 6 8 8 4 4 10 40 $154 $7,834 $350 $0 $2,020 $237 $2,607 $10,441 3 Community Based Organizations (CBOs) Partnerships 8 4 4 16 $71 $3,611 $0 $0 $21,275 $2,128 $23,403 $27,014 4 Community Workshops (4) 20 20 32 36 40 4 4 156 $540 $27,560 $700 $0 $3,650 $435 $4,785 $32,345 5 Hard-to-Reach / Community Group Meetings 2 4 4 12 6 2 2 32 $101 $5,151 $0 $0 $14,250 $1,425 $15,675 $20,826 6 Stakeholder Meetings 6 18 24 18 18 84 $296 $15,086 $2,100 $0 $0 $210 $2,310 $17,396 7 Develop Project Website 8 8 24 40 32 40 8 160 $509 $25,949 $1,180 $0 $0 $118 $1,298 $27,247 8 Mapped Survey Tool 4 4 8 2 4 16 50 12 100 $294 $15,014 $2,360 $0 $0 $236 $2,596 $17,610 9 Story Map 4 4 8 4 8 50 16 6 100 $294 $14,974 $1,180 $0 $0 $118 $1,298 $16,272 10 Community Input Report 6 8 16 40 2 4 4 80 $258 $13,148 $1,660 $0 $3,550 $521 $5,731 $18,879 Task 2. Subtotal 72 86 136 12 0 6 12 70 44 100 196 60 14 10 818 $2,710 $138,190 $10,230 $0 $47,020 $5,726 $62,976 $201,166 TASK 3. VULNERABILITY ASSESSMENT AND HAZARD MAPS (9 agencies) 1 GIS Database for Hazards 1 2 2 1 1 27 34 $96 $4,871 $700 $0 $840 $154 $1,694 $6,565 2 GIS Database for Asset Layers 1 2 9 1 1 27 41 $120 $6,120 $700 $0 $840 $154 $1,694 $7,814 3 Identify Sensitive Populations 2 9 18 4 1 16 18 16 4 88 $285 $14,530 $700 $0 $840 $154 $1,694 $16,224 4 Prepare Asset Lists 2 9 9 1 32 18 40 111 $339 $17,269 $700 $0 $840 $154 $1,694 $18,963 5 Identify Flood and Fire Hazard Data 2 9 9 2 2 32 56 $175 $8,900 $1,400 $0 $0 $140 $1,540 $10,440 6 Evacuation Constraints Analysis 8 8 16 2 16 96 146 $428 $21,838 $2,800 $0 $420 $322 $3,542 $25,380 7 Vulnerability Assessment 8 18 54 70 70 220 $718 $36,598 $2,800 $4,680 $1,180 $866 $9,526 $46,124 8 Summarize Results of Vulnerability Assessment 10 18 54 40 40 24 24 210 $675 $34,445 $2,800 $3,120 $1,180 $710 $7,810 $42,255 9 Online Map Viewer 2 8 16 2 9 60 97 $287 $14,612 $3,060 $0 $840 $390 $4,290 $18,902 10 Hazard Maps for Inclusion in Safety Element 2 9 18 2 9 72 112 $328 $16,713 $0 $0 $0 $0 $0 $16,713 Task 3. Subtotal 38 92 205 4 0 10 40 158 0 350 166 4 24 24 1115 $3,451 $175,896 $15,660 $7,800 $6,980 $3,044 $33,484 $209,380 TASK 4. BACKGROUND INFORMATION ON HAZARDS (8 agencies)
1 Update Hazard Background Information 8 24 32 60 68 30 24 246 $770 $39,280 $8,560 $1,560 $0 $1,012 $11,132 $50,412 Task 4. Subtotal 8 24 32 0 0 0 0 60 0 0 68 0 30 24 246 $770 $39,280 $8,560 $1,560 $0 $1,012 $11,132 $50,412 TASK 5. GOALS, OBJECTIVES, AND POLICIES (7 agencies)
1 Regional Best Practices Summary 4 6 12 12 12 2 48 $163 $8,333 $1,530 $0 $0 $153 $1,683 $10,016 2 Review of Existing Plans, Requirements, and Gaps 7 12 14 40 48 8 8 137 $434 $22,154 $5,940 $2,340 $0 $828 $9,108 $31,262 3 Draft Goals, Policies, and Objectives 14 16 16 40 48 32 16 182 $578 $29,478 $11,800 $4,680 $4,650 $2,113 $23,243 $52,721 4 Revise Goals, Policies, and Objectives 7 12 12 20 24 16 8 99 $320 $16,310 $5,200 $3,120 $0 $832 $9,152 $25,462 Task 5. Subtotal 32 46 54 0 0 0 0 112 0 0 132 0 58 32 466 $1,495 $76,275 $24,470 $10,140 $4,650 $3,926 $43,186 $119,461 TASK 6. IMPLEMENTATION MEASURES (7 agencies)
1 Develop Draft Implementation Measures 8 14 24 4 24 24 14 8 120 $403 $20,553 $9,440 $3,120 $4,650 $1,721 $18,931 $39,484 2 Revise Implementation Measures 4 4 24 16 16 4 68 $225 $11,485 $4,720 $1,560 $0 $628 $6,908 $18,393 3 Implementation Recommendations 8 14 24 16 16 4 82 $287 $14,647 $4,720 $1,560 $0 $628 $6,908 $21,555 Task 6. Subtotal 20 32 72 4 0 0 0 56 0 0 56 0 14 16 270 $915 $46,685 $18,880 $6,240 $4,650 $2,977 $32,747 $79,432 TASK 7. SAFETY ELEMENTS DRAFTED FOR JURISDICTION (7 agencies) 1 Administrative Draft Safety Elements for Jurisdictions 14 32 32 32 60 60 60 290 $896 $45,676 $9,960 $3,120 $4,225 $1,731 $19,036 $64,712 2 Public Review Draft Safety Elements 8 24 24 24 32 28 32 172 $544 $27,764 $7,820 $1,170 $0 $899 $9,889 $37,653 Task 7. Subtotal 22 56 56 0 0 0 0 56 0 0 92 0 88 92 462 $1,440 $73,440 $17,780 $4,290 $4,225 $2,630 $28,925 $102,365 TASK 8. CEQA ANALYSIS (7 agencies)
1 CEQA Project Management and Initiation 36 24 60 $251 $12,791 $0 $0 $0 $0 $0 $12,791 2 Environmental Checklist Memo 2 2 24 36 48 12 12 136 $441 $22,511 $0 $0 $0 $0 $0 $22,511 3 CEQA Document (NOE or Addendum) 2 2 4 12 24 36 12 12 104 $329 $16,769 $0 $0 $0 $0 $0 $16,769 4 Native American Tribal Consultation (SB 18) 4 24 36 48 112 $378 $19,258 $0 $0 $0 $0 $0 $19,258 Task 8. Subtotal 2 4 10 0 96 0 0 120 0 0 132 0 24 24 412 $1,399 $71,329 $0 $0 $0 $0 $0 $71,329 TASK 9. BOARD OF FORESTRY REVIEW (3 agencies)
1 CAL FIRE/Board of Forestry Safety Element Review 6 6 12 $46 $2,356 $7,080 $0 $0 $708 $7,788 $10,144 Task 9. Subtotal 0 6 6 0 0 0 0 0 0 0 0 0 0 0 12 $46 $2,356 $7,080 $0 $0 $708 $7,788 $10,144 TASK 10. PUBLIC AGENCY BOARDS – REVIEW AND APPROVAL (7 agencies) 1 Prepare Planning Commission and City Council/Board of Supervisor Materials 14 58 30 40 40 8 21 211 $733 $37,378 $7,600 $0 $0 $760 $8,360 $45,738 2 Attend Planning Commission and City Council/Board of Supervisor Meetings (21) 120 120 $504 $25,704 $8,400 $0 $0 $840 $9,240 $34,944 Task 10. Subtotal 14 178 30 0 0 0 0 40 0 0 40 8 21 0 331 $1,237 $63,082 $16,000 $0 $0 $1,600 $17,600 $80,682 Labor Hours Total 297 672 750 24 96 16 52 672 44 450 942 72 285 228 4600 956 170 529 Labor Dollars Total $74,250 $141,120 $131,250 $6,240 $23,520 $3,600 $8,060 $104,160 $7,260 $56,250 $131,880 $9,720 $38,475 $28,500 $15,287 $779,572 $131,250 $30,030 $67,525 $22,882 $251,687 $1,031,259

EXPENSES
PlaceWorks Reimbursable Expenses $8,487
Subconsultants' Reimbursable Expenses $2,500
Expenses Total $10,987
Subtotal: Baseline Tasks + Expenses $1,042,246

CONTINGENCY
Varies by agency $100,135
ADD ON TASKS - Vary by Agency

8.5 CEQA Contingency Add-on: Initial Study/Negative Declaration/AB 52 (per agency) 2 4 8 22 36 4 4 80 $251 $12,821 0 0 0 $0 $0 $64,105

10.3 Optional Add On: Attend Additional Public Meetings/Cost per meeting 8 8 $34 $1,714 $0 $0 $8,570

1.2 Additional TAC Meeting Support & Attendance (County only) 0 $0 $0 0 0 $0 $0 $8,960 Add-On Task Total $81,635

ALL TASKS
PlaceWorks Grand Total $1,224,016
PlaceWorks
Total
10% Subconsultant
Markup
Subconsultant
Safety Total
Element
Planning
SLR/VA Community
Outreach

PLACEWORKS SUBCONSULTANTS
Total
Labor
Budget
Hourly Rate:

GRAPHICS TECH.

EDITOR
WP/
CLERICAL PlaceWorks
Hours
PlaceWorks
2% Office
Expenses

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Price Proposal
Proposal for Services • PLACEWORKS 73
Table 4 – PlaceWorks Fee Proposal - By Agency

COUNTY ALL
San Mateo Atherton Belmont Brisbane Burlingame East Palo Alto Half Moon Bay Pacifica San Bruno Total Task 1. Project Coordination and Communication $ 14,095 $ 10,525 $ 14,095 $ 6,223 $ 14,095 $ 14,095 $ 14,095 $ 5,570 $ 14,095 $ 106,888 Task 2. Community Engagement and Equity Approach $ 102,394 $ - $ 19,754 $ 19,754 $ 19,754 $ 19,754 $ 19,754 $ 201,166 Task 3. Develop Vulnerability Assessment and Hazard Maps $ 67,839 $ 15,180 $ 15,180 $ 18,530 $ 18,530 $ 18,530 $ 18,530 $ 18,530 $ 18,530 $ 209,380 Task 4. Background Information on Hazards $ 10,082 $ 5,761 $ 5,761 $ 5,761 $ 5,761 $ 5,761 $ 5,761 $ 5,761 $ 50,412 Task 5. Goals, Objectives, and Policies $ 29,865 $ 14,933 $ 14,933 $ 14,933 $ 14,933 $ 14,933 $ 14,933 $ 119,461 Task 6. Implementation Measures $ 19,858 $ 9,929 $ 9,929 $ 9,929 $ 9,929 $ 9,929 $ 9,929 $ 79,432 Task 7. Safety Elements Drafted for Jurisdictions $ 25,591 $ 12,796 $ 12,796 $ 12,796 $ 12,796 $ 12,796 $ 12,796 $ 102,365 Task 8. CEQA Analysis (Exemption or Addendum) $ 10,190 $ 10,190 $ 10,190 $ 10,190 $ 10,190 $ 10,190 $ 10,190 $ 71,329 Task 9. Board of Forestry Review $ 3,381 $ 3,381 $ 3,381 $ 10,144 Task 10. Public Agency Board – Review & Approval $ 11,526 $ 11,526 $ 11,526 $ 11,526 $ 11,526 $ 11,526 $ 11,526 $ 80,682 PW Reimbursable Expenses (Website Hosting, GIS fee, limited travel) $ 3,296 $ 961 $ 961 $ 961 $ 961 $ 961 $ 961 $ 961 $ 961 $ 10,987 PlaceWorks Total $ 298,118 $ 91,801 $ 118,507 $ 31,476 $ 118,475 $ 118,475 $ 121,857 $ 25,061 $ 118,475 $ 1,042,246 Add-On Tasks San Mateo Atherton Belmont Brisbane Burlingame East Palo Alto Half Moon Bay Pacifica San Bruno Total Additional TAC Meeting Support & Attendance $ 8,960 $ 8,960 Additional Public Agency Meetings $ 5,142 $ 1,714 $ 1,714 $ 8,570 Contingency - CEQA (Initial Study/Negative Declaration/AB 52 consultation) $ 12,821 $ 12,821 $ 12,821 $ 12,821 $ - $ 12,821 $ 64,105 Contingency - General (5% or 10%) $ 31,222 $ 4,590 $ 11,851 $ 3,148 $ 11,848 $ 12,019 $ 12,186 $ 1,253 $ 12,019 $ 100,135 PlaceWorks Total $ 356,263 $ 96,391 $ 143,178 $ 34,623 $ 130,323 $ 145,029 $ 146,863 $ 26,314 $ 145,029 $ 1,224,016 Baseline Scope of Work
CITIES

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RESOLUTION NO. 23-xx

RESOLUTION AUTHORIZING A

MEMORANDUM OF UNDERSTANDING FOR A MULTIJURISDICTIONAL SAFETY

ELEMENT PROJECT WITH COUNTY OF SAN MATEO TO JOIN WITH THE

MUNICIPALITIES OF ATHERTON, BELMONT, BURLINGAME, EAST PALO ALTO,

HALF MOON BAY, SAN BRUNO, BRISBANE, AND PACIFICA AND

SAN MATEO COUNTY AS AGENCY PARTICIPANTS
AND AUTHORIZE $105,169 OF FUNDING FOR THE PROJECT
WHEREAS, the cities, towns and County of San Mateo have a strong history of collaboration and resource sharing on various planning studies and initiatives, including a new initiative to participate in the Multijurisdictional Safety Element Project (“Project”); and WHEREAS, recent changes to State law require local jurisdictions to review and update their safety elements of the general plans to address climate adaptation and resiliency strategies, fire hazards, flood hazards, and evacuation routes; and WHEREAS, nine (9) jurisdictions in San Mateo County have formed a Safety Element Collaborative to address the legal requirements to update safety elements and to share analysis and resources for greater efficiency for the jurisdictions participating in this collaborative effort; and
WHEREAS, seven (7) of the jurisdictions will participate in the Project’s full scope of work (Atherton, Belmont, Burlingame, East Palo Alto, Half Moon Bay, San Bruno, San Mateo County), and two (2) of the jurisdictions will participate in certain tasks (Brisbane, Pacifica); and WHEREAS, for the seven jurisdictions participating in the Project’s full scope of work, a legally compliant safety element will be produced; and WHEREAS, through a competitive RFP process facilitated by San Mateo County, PlaceWorks, Inc (“Contractor”) was identified as the preferred firm to provide consulting services for the development and outreach associated with the Project; and WHEREAS, Community Planning Collaborative, the consulting firm for the 21 Elements Project, has served as the project manager (“Project Manager”) for the Safety Element Collaborative through the Collaboratives’ initial formation and the RFP process to ensure the voice of each participating agency is heard and their needs addressed; and WHEREAS, Community Planning Collaborative will continue to serve as Project Manager for the Safety Element Collaborative for the duration of the Project; and

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WHEREAS, the County will serve as fiscal agent for the Project and will enter into contracts with PlaceWorks, Inc and Community Planning Collaborative and oversee the payment of invoices on behalf of the participating agencies; and WHEREAS, each participating agency will enter into a Memorandum of Understanding with the County outlining the roles of each participating agency, the County, the consultants, and the funding obligations for the Project; and
NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Town of Atherton hereby authorizes the City Manager to execute a Memorandum of Understanding with San Mateo County to join the Multijurisdictional Safety Element Project with consultant support from PlaceWorks, Inc. and Community Planning Collaborative for the term of June 15, 2023 to June 15, 2026 with a total obligation not to exceed $105,169 BE IT FURTHER RESOLVED that the City Manager, in consultation and with agreement between the County and other participants, is authorized to make minor changes to the Memorandum of Understanding that may be necessary to ensure consistency, accuracy, and clarification across all of the participating jurisdictions.

PASSED AND ADOPTED at a meeting of the City Council of the Town of Atherton held on the 17th day of May 2023 by the following vote:

AYES: Council members:

NOES: Council members:

ABSENT: Council members:
________________________
Bill Widmer, MAYOR
Town of Atherton
ATTEST:
____________________________
Anthony Suber, City Clerk
APPROVED AS TO FORM:
____________________________
Mona Ebrahimi, City Attorney

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MEMORANDUM OF UNDERSTANDING
Between

SAN MATEO COUNTY PLANNING AND BUILDING DEPARTMENT
and

TOWN OF ATHERTON
for the

MULTIJURISDICTIONAL SAFETY ELEMENT PROJECT
This Memorandum of Understanding (“MOU”), effective the 15th day of June, 2023 is entered into by and between the County of San Mateo (“County”) and the Town of Atherton (“Agency”), together referred to herein as the "Parties." WHEREAS, the County and cities and towns in San Mateo County have a strong history of collaboration and resource sharing on various planning studies and initiatives, including a new initiative to participate in the Multijurisdictional Safety Element Project (“Project”); and WHEREAS, recent changes to State law require local jurisdictions to review and update the safety elements of their general plans to address climate adaptation and resiliency strategies, fire hazards, flood hazards, and evacuation routes; and WHEREAS, nine (9) jurisdictions in San Mateo County have formed a Safety Element Collaborative (“Collaborative” and “Collaborative Partners”) to address the legal requirement to update safety elements and to share analysis and resources for greater efficiency for the jurisdictions participating in this collaborative effort; and WHEREAS, seven (7) jurisdictions will participate in the full project scope of work (Atherton, Belmont, Burlingame, East Palo Alto, Half Moon Bay, San Bruno, San Mateo County), and two (2) jurisdictions will only participate in certain tasks (Brisbane, Pacifica); and WHEREAS, for those agencies participating in the Collaborative’s full scope of work, a legally compliant safety element will be produced; and
WHEREAS, through a competitive RFP process facilitated by San Mateo County, PlaceWorks (“Contractor”) was identified as the preferred firm to provide consulting services for the Project for tasks such as community engagement, the vulnerability assessment, and drafting updated safety elements; and Page 98 of 178
WHEREAS, Community Planning Collaborative, the consulting firm for the 21 Elements Project, has served as the project manager (“Project Manager”) for the Safety Element Collaborative through the Collaboratives’ initial formation and the RFP process to ensure the voice of each participating agency is heard and their needs addressed; and WHEREAS, Community Planning Collaborative will continue to serve as the Project Manager for the Safety Element Collaborative for the duration of the Project; and WHEREAS, the County will serve as the fiscal agent for the Project; and WHEREAS, the total cost of the Project is $1,316,416 and the Agency’s contribution is $105,169; and
WHEREAS, the County and Agency desire to enter into this MOU to memorialize the understanding that the Parties will work cooperatively to implement and fund the Project in accordance with the Parties will work cooperatively to implement and fund the Project in accordance with Exhibits A, B & C.

NOW, THEREFORE, BE IT RESOLVED that the County and Agency agree as follows:

I. PURPOSE
The purpose of this MOU is to memorialize the understanding between the County and Agency that (1) the Agency wishes to participate in the Multi-Jurisdictional Safety Element Project, (2) the Agency wishes to utilize the Contractor and the Project Manager as the consulting team, and (3) the County will serve as the fiscal agent to facilitate the Project.

II. EXHIBITS
The following exhibits are attached to this MOU and incorporated into this MOU by this reference:

Exhibit A – Project Contributions by Agency
Exhibit B – PlaceWorks - Scope of Work and Fee Proposals Exhibit C – Community Planning Collaborative – Scope of Work and Fee Proposal III. ROLES AND RESPONSIBILITIES
a. The County will serve as the Fiscal Agent for the Project and will enter into separate agreements with Contractor and Project Manager. The County will review and Page 99 of 178 process payments and invoices on behalf of the Collaborative Partners to the consultants pursuant to the terms of the relevant consulting agreements. b. The Agency will provide funding as set forth in Exhibit A for the Project and will participate in obligations identified in the Scope of Work in Exhibit B, including participating in the overall plan development and implementation. c. Community Planning Collaborative will serve as Project Manager and will manage and implement all aspects of the Project, in accordance with the Scope of Work set forth in Exhibit C.
d. PlaceWorks will serve as Contractor and will carry out the tasks described in the Scope of Work set forth in Exhibit B.

IV. FUNDING AND METHOD OF PAYMENT
a. Agency agrees to pay the County for the Agency contribution identified in Exhibit A of this MOU. The Agency agrees to pay the County either (1) 100% of its contribution by July 15, 2023, (2) 50% of its contribution by July 15, 2023 and the remaining 50% by September 15, 2023, or (3) 20% of its contribution by July 15, 2023, 60% by September 15, 2023, and the remaining 20% by August 1, 2024. The Agency will notify the County of its payment selection upon execution of this MOU.

1. The Contractor will submit invoices to the Project Manager on a monthly basis for Project activities. A brief narrative progress report shall be included with each invoice. The Project Manager will review the Contractor’s invoices and submit the invoices to the County for payment.

2. The Project Manager will submit the Project Manager’s invoices and brief narrative progress reports to the County on a monthly basis for review and payment.

3. The Contractor and Project Manager will provide a quarterly accounting of invoices, charged and remaining funds for each Collaborative Partner to the County and Agency.
b. The County and Agency each agree they are not entitled to reimbursement of costs incurred while performing obligations as set forth in Section III, Scope of Work Responsibilities.
c. In the event that the actual costs of completing the scopes of work, as set forth in Exhibits B and C, exceed the budgets set forth in Exhibits B or C, respectively, the Collaborative Partners, including the County and Agency, will confer and agree either to reduce the relevant scope of work and/or to provide additional funding subject to further written mutual agreement of the Parties. The Collaborative Partners agree to use best efforts in such case to reach resolution without causing a Project delay. d. At the conclusion of the Project, the Project Manager will submit a final accounting to each Collaborative Partner with any remaining funds returned to each Collaborative Partner or a final invoice if required.

V. TERM
This MOU shall be effective from June 15, 2023 to June 15, 2026, unless terminated sooner pursuant to Section XIV. Page 100 of 178
VI. AMENDMENTS
The Agency contact, or designee, is authorized to make minor modifications to the scopes of work in Exhibits B and C, in consultation with the Project Manager and County, to respond to necessary changes as the Project evolves as long as the Project cost does not exceed the total approved cost estimate in Exhibit A. Such minor modifications to the scopes of work shall be documented in writing, but shall not require an amendment to this MOU.

This MOU can be amended, modified, or supplemented only in writing(s) signed by both Parties. No oral understanding or agreement not incorporated herein will be binding on either of the Parties.

VII. INDEMNIFICATION
a. It is agreed that Agency shall defend, hold harmless, and indemnify County and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this MOU (collectively, “Claims”); provided that such Claims are the direct result from the acts or omissions of Agency and/or its officers, employees, agents, and servants.
b. Agency shall defend, hold harmless, and indemnify County from and against any and all claims for wages, salaries, benefits, taxes, and all other withholdings and charges payable to, or in respect to, Agency’s representatives for services provided under this MOU.
c. It is agreed that County shall defend, save harmless, and indemnify Agency and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this MOU and which result from the acts or omissions of County and/or its officers and employees.
d. The duty of each party to defend, hold harmless, and indemnify the other as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
e. In the event of concurrent negligence (or intentional/reckless acts) of County and/or its officers and employees, on the one hand, and Agency and/or its officers, employees, agents, and servants, on the other hand, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of terms and conditions of this MOU shall be apportioned according to the California theory of comparative fault.
f. This indemnification will survive termination or expiration of this MOU.

VIII. NOTICES
a. All notices and communications deemed by either party to be necessary or desirable must be in writing and may be given by personal delivery to a representative of the Page 101 of 178 other party or by mailing the same, postage prepaid, addressed as follows:

If to the County:

San Mateo County Planning & Building Department
455 County Center
2nd Floor
Redwood City, CA 94063
Steve Monowitz, Director of Community Development
650/363-1861; [email protected]
If to the Agency:

Town of Atherton
80 Fair Oaks Lane
Atherton, CA 94027
George Rodericks
City Manager
Phone: (650) 752-0504
Email: [email protected]
b. The address to which mailings may be made may be changed from time to time by notice mailed as described above. Any notice given by mail will be deemed given on the day after that on which it is deposited in the United States Mail as provided above.

IX. INDEPENDENT CONTRACTOR
The Parties agree and understand that the work/services performed by either of the Parties or any consultant retained by either of the Parties under this MOU are performed as independent contractors and not as employees or agents of the other party. Nothing herein will be deemed to create any joint venture between the County and Agency.

X. SUCCESSORS AND ASSIGNS
Neither party will assign, transfer, or otherwise substitute its interest in this MOU, nor its obligations, without the prior written consent of the other party. All obligations created under this MOU will be binding on, and the rights established herein will inure to the benefit of, any successors or assigns of the Parties.

XI. COMPLIANCE
The Parties must comply with any and all laws, statues, ordinances, rules, regulations, or requirements of the federal, state, and local governments, and any agency thereof, which relate to or in any manner affect the performance of this MOU.

XII. DISPUTE RESOLUTION
The Parties agree to work together in good faith to resolve any dispute arising from this MOU and agree to refer any dispute not resolved within 30 days to the County’s Community Development Director and Agency’s Planning Director for resolution. In the event resolution cannot be reached, the Parties may submit the dispute to mediation by a neutral party mutually agreed to by the Parties prior to initiating any formal action in court.

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XIII. TERMINATION
Either Party may terminate this MOU with or without cause upon 30 days' prior written notice. If either Party terminates this MOU with or without cause, the Agency will be responsible for its pro rata share of costs incurred by the County or the County’s Project consultants up through the effective date of termination.

XIV. SEVERABILITY
If any provision of this MOU is be deemed invalid or unenforceable by a court of competent jurisdiction, that provision will be reformed and/or construed consistently with applicable law as nearly as possible to reflect the original intentions of this MOU; and in any event, the remaining provisions of this MOU will remain in full force and effect.

XV. GOVERNING LAW
This MOU will be governed by the laws of the State of California as applied to contracts that are made and performed entirely in California.

XVI. NO WAIVER
No waiver of any default or breach of any covenant of this MOU by either party will be implied from any omission by either party to take action on account of such default if such default persists or is repeated. No express waiver will affect any default not specified in the waiver, and the waiver will be operative only for the time or extent stated. The consent or approval by either party to or of any act by either party requiring further consent or approval will not be deemed to waive or render necessary consent or approval to any subsequent, similar acts.

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IN WITNESS WHEREOF, the Parties have executed this MOU as follows:

TOWN OF ATHERTON
By: ____________________________
Bill Widmer, Mayor
ATTEST:

By:________________________________
Anthony Suber, Town Clerk
APPROVED AS TO FORM:

By: ____________________________
Mona Ebrahimi, City Attorney

SAN MATEO COUNTY
By: ____________________________
David Pine, President, Board of
Supervisors, County of San Mateo
ATTEST:

By:_________________________________
Michael Callagy, Clerk of Said Board
APPROVED AS TO FORM:

By: ____________________________
Melissa Andrikopoulous, County Attorney

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EXHIBIT A

PROJECT CONTRIBUTIONS BY AGENCY

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EXHIBIT B

PLACEWORKS SCOPE OF WORK & FEE PROPOSALS

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EXHIBIT C

COMMUNITY PLANNING COLLABORATIVE SCOPE OF WORK AND FEE

PROPOSAL

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Item No. 4
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: MAY 17, 2023
SUBJECT: RECEIVE AND FILE THE 2023 CITY COUNCIL GOALS

WORKSHOP REPORT

RECOMMENDATION
It is recommended that the Council receive and file the 2023 City Council Goals Workshop Report.

BACKGROUND
On April 20, 2022, the City Council held a Goals Workshop to provide the Council with an opportunity to celebrate recent accomplishments, review and clarify goals for the coming year, discuss effective governing, and strengthen teamwork.

ANALYSIS
The attached Report contains a summary of the results of the Workshop.

FISCAL IMPACT
None.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
The Goals Workshop Report represents the policy discussion held by the Council on April 20.

There are no significant policy issues associated with approval of this item.

PUBLIC NOTICE

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2023 Goals Workshop Report
MAY 17, 2023

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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. 2023 Goals Workshop Report

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May 2023
Town of Atherton
City Council Workshop
Held April 20, 2023

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City Council Workshop
Table of Contents Baker Tilly
i
Table of Contents
Workshop Report............................................................................................................................................1 Workshop Overview........................................................................................................1 Opening Comments .........................................................................................................2 Warm Up Activity ............................................................................................................2 Good Governance and Effective Practices and Roles..................................................3 Organizational Updates...................................................................................................4 Priorities Discussion.........................................................................................................5 Wrap-up and Next Steps .................................................................................................5

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City Council Workshop
Workshop Report Baker Tilly
1 Workshop Report
The Town of Atherton’s City Council held a workshop from 8:30 a.m. to 12:00 p.m. on Thursday, April 20, 2023 in the Council Chambers. The workshop provided an opportunity for Councilmembers to learn more about each other, identify priorities for the coming fiscal year, reflect on effective governance practices, and strengthen teamwork. This report contains a summary of the results of the workshop.

Nancy Hetrick with Baker Tilly facilitated the workshop.

Workshop Overview
Objectives
• Strengthen a sense of teamwork and governance
• Get consensus on priorities for the coming year.

Agenda
• Welcome and Agenda Review
• Warm-up Activity
• Review Effective Practices and Roles for Elected Officials • Hear Organizational Updates
• Identify FY 2023-24 Council Priorities

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City Council Workshop
Workshop Report Baker Tilly
2 Participants
Council
Executive Staff
• City Manager George Rodericks
• City Attorney Mona Ebrahimi
Workshop Preparation
In preparation for the workshop, the facilitator conducted individual interviews with Councilmembers, prepared an agenda and other materials, and reviewed the workshop plan with the City Manager.

Opening Comments
The workshop began with the call to order by Mayor Bill Widmer. Nancy reviewed the workshop agenda, objectives, suggested ground rules, and explained the “bike rack” time management tool. No items were added to the bike rack during the workshop.

Warm Up Activity
The workshop began with an engaging discussion about the motivations that prompted Council members to run for office and the legacy they hope to leave. This discussion provided an opportunity to learn more about each other.

The following themes emerged from the discussion on motivation to run for Council:
• Making a difference
• Improving representation in government
• Addressing environmental concerns
• Navigating a polarized political landscape
• Effecting change
Mayor
Bill Widmer
Vice Mayor
Diana HawkinsManuelian
Councilmember
Rick DeGolia
Councilmember
Elizabeth Lewis
Councilmember
Stacy Holland

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City Council Workshop
Workshop Report Baker Tilly
3 The following themes were mentioned when discussing legacy:
• Building trust in local government
• Ensuring high quality of life in Atherton
• Having a positive impact on the environment
• Creating a sense of community

Good Governance and Effective Practices and Roles
Next, the group discussed good governance, roles, and responsibilities. The team reflected on what contributes to effectively governing together. It served as a short refresh on roles, responsibilities, and good governance practices.

Nancy then led a discussion intended help the City Manager and Council members better understand the unique communication preferences of others. A summary of the takeaways is listed below:
• Aim to have all facts and information available at once (big picture).
• Some Councilmembers prefer visual depictions of the
information being presented (i.e., use of maps and charts). • Individual meetings with the City Manager are valued but should be better tailored to the unique needs of each council member.
• Data and visuals are helpful for discussion.
• Using a variety of methods is helpful to understanding issues/items; including via text, email, or in person conversation depending on the topic.

Council reviewed the norms set in 2022 and agreed there was no need to revise or update them. The Council norms are listed below:
• Assume good intent
• Show mutual respect

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City Council Workshop
Workshop Report Baker Tilly
4 • Be trustworthy
• Listen with intention; strive to make others feel heard • Seek clarification with both staff and colleagues
• Focus on the issue, not the person
• Disagree agreeably and maintain decorum at the dais
• When debate is over and vote is taken, we move on
• Envision the future and make progress on long-term goals • Inspire public confidence in our city government
• Be succinct; no need to restate the same reason for a vote that has already been stated
Organizational Updates
The City Manager provided an update to share progress on some key initiatives. This update is summarized in Table 1 below.

Table 1. Town Update
Town Action Item Status/Progress
Climate Action Plan Work is progressing and the Annual Report to the Council will come in the next few months.

Alameda de las Pulgas Grant
Project
A project manager has been selected with the project to be completed in the FY 2023/24 budget year.

Alameda de las Pulgas Culvert
Grant Project
Congresswoman Eshoo recommending the approval of the Town Grant Request.

Stockbridge Pedestrian Beacon This will be incorporated into the FY 2023/24 budget year.

Earth Day Events are taking place Saturday, April 22 at Menlo Atherton High School. We are expecting large crowd. It is being jointly funded and organized.

ADAPT Continuing to work on leadership and next steps to expand programs and opportunities
Housing Element We recently received feedback from the California Department of Housing and Community Development (HCD) and the item will be on Council agenda for May 17
Finances Our 5-Year Fiscal Outlook is positive and the spreadsheet will be discussed by Council as part of the budget process
Summer Concerts and Events Returning in 2023 at Town Center. We will evaluate if the use of the Park for some events is an issue considering timing with the Circulation Project
Circulation Project Project is to start after award in summer 2023 Certificates of Participation (COP) We are at the half-way mark (5-years) in 2024

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City Council Workshop
Workshop Report Baker Tilly
5 Priorities Discussion
Council reviewed the Citywide strategic goals in detail and made some adjustments based on progress.

The revised goals are presented below. Changes are noted in red font. The strategic goal to Maximize Use of Town Center/Library was identified as an ongoing activity and has been removed from the list.
• Goal A: Maintain Fiscal Responsibility. Maintain a balanced budget with adequate reserves; responsibly manage long term liability; and increase and maintain transparency.
• Goal B: Preserve Small Town Character and Quality of Life. Maintain focus to identify initiatives to mitigate impacts of regional and state impacts.
• Goal C: Manage Circulation and Improve Safety through Investments in Infrastructure. Provide stewardship and leadership to maintain mobility and improve accessibility and safety for bicycles and pedestrians. • Goal D: Strengthen Community Engagement and Transparency. Pursue opportunities for increased engagement, public outreach and education. • Goal E: Be a Forward-Thinking, Well-Managed, Well-Planned City. Be proactive and anticipate future needs.
• Goal F: Emergency Preparedness – Be Prepared. Partner with key stakeholders and empower residents to prepare for emergencies.

Housing (specifically, the Town’s Housing Element), infrastructure projects (specifically drainage and life/safety improvements), and public education on topics like emergency preparedness and environmental programs were discussed as key priorities for the next year. Additional areas that were noted include: the Town’s 100th birthday celebration and continued financial stewardship.

Wrap-up and Next Steps
To wrap up, Nancy summarized key agreements from the day. She explained that Baker Tilly would prepare this summary report and invited closing comments from the group. The City Manager will work with his staff to incorporate updates to the priorities that were discussed.

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Item No. 5
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: MAY 17, 2023
SUBJECT: ADOPTION OF RESOLUTION SETTING CITY COUNCIL

MEETING START TIMES

RECOMMENDATION
It is recommended that the Council Adopt the attached Resolution setting the start time for City Council meetings to 6 pm.

BACKGROUND
During the COVID-19 Pandemic, the City Council established an earlier start time for City Council Meetings when hosted via Zoom.

ANALYSIS
Post-pandemic, the City Council directed that all meetings be hosted in hybrid-Zoom format, to the extent possible, and that the Council maintain the 6 pm start time for Regular Meetings.

FISCAL IMPACT
None.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area E – Strengthen Community Engagement and Transparency

POLICY FOCUS
There are no significant policy issues related to this item.

PUBLIC NOTICE

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Resolution Setting Meeting Start Times
MAY 17, 2023

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

ATTACHMENTS

1. Resolution

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RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ATHERTON

SETTING THE START TIMES FOR CITY COUNCIL REGULAR MEETINGS WHEREAS, Chapter 2.04 of the Atherton Municipal Code prescribes that the City Council set the regular City Council meeting time and day by Resolution; and, WHEREAS, the City Council desires to set the start time for regular City Council meetings to be 6 pm on the 3rd Wednesday of each month; and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Town of Atherton set the start time for regular meetings of the City Council at 6 pm.

PASSED AND ADOPTED at a meeting of the City Council of the Town of Atherton on the 17th day of May 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Bill Widmer, Mayor
Town of Atherton
ATTEST:

Anthony Suber, City Clerk
APPROVED AS TO FORM:

MONA EBRAHIMI, CITY ATTORNEY

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Item No. 6
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: MAY 17, 2023
SUBJECT: 2nd READING AND ADOPTION OF AN ORDINANCE AMENDING ATHERTON MUNICIPAL CODE CHAPTER 8.16 TO BAN GAS

POWERED LEAF BLOWERS

RECOMMENDATION
It is recommended that the Council accept for 2nd Reading and Adoption, an Ordinance amending Atherton Municipal Code Chapter 8.16 to Ban Gas Powered Leaf Blowers.

BACKGROUND
On January 20, 2021, the City Council held a public hearing to consider an ordinance introduction for amendments to Chapter 8.16 “Noise”, pertaining to leaf blowers. This item was carried over from the November 18, 2020, Council meeting. Council previously received recommendations from the Environmental Programs Committee, accepted public comments on the topic, and provided direction for staff.

Following additional public meetings and feedback on a pilot program in the Park for use of electric leaf blowers, on November 3, 2021, the Council Ad Hoc Subcommittee provided recommendations to Council. The City Council provided feedback for further refinements to the proposed ordinance and directed that staff meet further with the Council Ad Hoc Subcommittee.

In February 2022, after working with the Council Ad Hoc Subcommittee, staff prepared a draft Leaf Blower Ordinance with revisions in response to the direction collected throughout the process and recommendations from the Ad Hoc Subcommittee.

The State is banning the sale of gas-powered small engines beginning January 1, 2024. When crafting the draft Ordinance reviewed by the Council in February 2022, the Ad Hoc Subcommittee attempted to create a phased in approach to the use of gas-powered garden equipment, eliminating the use of 2-stroke gas powered leaf blowers in 2023 and authorizing the use of electric power garden equipment on the weekends to encourage a transition. However, it was noted that enforcement of these provisions may get more complicated as the Town and State phase out certain types of equipment.

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2 nd Reading and Adoption of Leaf Blower Ordinance
MAY 17, 2023

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It was suggested that perhaps the Town leave the basic small gas-powered engine regulatory framework to the State and focus solely on the use of gas-powered leaf blowers by banning them, in their entirety, from a date certain and focus on an education campaign.

In February 2022, the Council did not reach consensus on a solution; however, directed the Ad Hoc Subcommittee to further refine the draft Ordinance to return to the Council in late 2022 and directed that staff work with the Environmental Programs Committee to educate the public about gas powered leaf blowers.

On March 1, 2023, the Council met to discuss next steps on leaf blowers. The Council directed that staff return with an Ordinance to ban the use of gas-powered leaf blowers effective July 1, 2024; begin an education campaign regarding the benefits of the use of electric over gas as well as educate the public about the State’s ban on the sale of gas-powered leaf blowers; and return with a recommendation on a rebate program for homeowners or any licensed landscaper in Atherton.

On April 19, 2023 the City Council introduced for 1st Reading an Ordinance banning the use of gas-powered leaf blowers, beginning July 1, 2024.

ANALYSIS
Ordinance
Attached is an Ordinance that bans the use of gas-powered leaf blowers beginning July 1, 2024.

The Ordinance is recommended for 2nd Reading and Adoption.

Education
Staff has released public education materials consistent with the State’s program regarding the sale of gas-powered leaf blowers, use of electric over gas, and the State’s available rebate program.

This material has been released via the Town’s social media (Instagram, NextDoor, etc.) as well as via the Town’s website and electronic community notifications. In addition, the Town will have information available at the upcoming Love Our Earth Festival and the Athertonian Newsletter has further public education. Lastly, the Town hosted an AGZA Workshop on March 29 with more than 50 in attendance. The program highlighted the benefits of electric over gas and provided attendees with information related to the State’s CORE Program (California Off-Road Equipment Voucher Incentive Project – https://californiacore.org).

Incentives and Rebates
The State’s CORE Program (a $273m voucher program) is designed to encourage equipment users to purchase or lease currently commercialized zero-emission off-road equipment. The voucher incentive project offsets the higher cost of zero-emission technology with point-of-sale discounts.

The CORE website provides a searchable database of available funding and resources that users can take advantage of when purchasing zero-emission equipment. In addition, users can select a specific piece of equipment and be linked to an online voucher and purchase resource. Via the website, users can select the piece of equipment they wish to purchase, obtain the digital voucher, and then be provided dealers in their area that are certified approved by the CORE program for the Page 123 of 178 2 nd Reading and Adoption of Leaf Blower Ordinance
MAY 17, 2023

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sale of the equipment and honoring the voucher. In California, in addition to the vouchers provided via CORE, rebates and incentives for the purchase of such equipment is provided by numerous agencies, to include the California Energy Commission, California Air Resources Board, and Bay Area AQMD. In most cases, rebates and vouchers offset nearly 50% of the MSRP of the equipment.

Staff will include a set aside in the FY 2023/24 Budget that will be used as incentives toward the purchase of zero-emission equipment. The State program is initially directed at professional landscapers. The Town program will develop a rebate/reimbursement program that is focused on residents (show a receipt for an eligible purchase, proof of residency and the Town issues a corresponding rebate). The FY 2023/24 Budget will include $25,000 for a one-time, individual rebate of up to $250 toward eligible zero-emission equipment (batteries, equipment, etc.). This will provide $250 to 100 residents. Residents could use the rebate to purchase equipment for themselves and their personal use; equipment for their landscapers; and/or equipment for the landscapers to use on their property only (such as batteries, etc.).

FISCAL IMPACT
None at this time.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
The Town’s adopted Climate Action Plan (CAP) includes a series of identified Greenhouse (GHG) reduction measures to reduce the Town’s emission levels in accordance with state mandates. While restrictions and/or a ban on the use of leaf blowers are not specifically identified in the CAP, leaf blowers are considered as part of the Town’s transportation generating GHG emissions.

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

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2 nd Reading and Adoption of Leaf Blower Ordinance
MAY 17, 2023

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ATTACHMENTS

1. Attachment A - Draft Ordinance

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ATTACHMENT A
ORDINANCE 2023-____

ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF

ATHERTON, STATE OF CALIFORNIA, AMENDING SECTION

8.16.040 OF THE ATHERTON MUNICIPAL CODE
WHEREAS, the City Council has adopted various ordinances regulating noise within the Town as codified at Chapter 8.16 of the Atherton Municipal Code; and WHEREAS, the Town has an adopted Climate Action Plan that includes a series of identified Greenhouse Gas (GHG) reduction measures in accordance with State mandates; and WHEREAS, gas powered leaf blowers are considered as part of the Town’s transportation generating GHG emissions and reducing pollutants caused by such devices is supportive of the Town’s Climate Action Plan goals; and
WHEREAS, in 2021, the State of California enacted Assembly Bill 1346 to require the California Air Resources Board (CARB) to adopt regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines; and WHEREAS, CARB adopted such regulations to ban the sale of new small off-road engines used in equipment which includes generators, lawn equipment, and other small off-road engine equipment beginning January 1, 2024, or as soon as regulators determine what is “feasible,” whichever date is later; and
WHEREAS, the Town desires to prohibit the use of gas-powered leaf blowers in Atherton; and
WHEREAS, the City Council has considered all information related to this matter, as presented at various public meetings of the City Council, including any supporting reports by Town Staff, and any information provided during public meetings.

THE CITY COUNCIL OF THE TOWN OF ATHERTON DOES ORDAIN AS FOLLOWS:

SECTION 1: Amendment. Atherton Municipal Code Section 8.16.040 is hereby amended to by adding the following paragraphs:

C. Leaf Blowers – Effective July 1, 2024, it shall be unlawful to use gas-powered leaf blowers in the town of Atherton.

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this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases may be declared invalid or unconstitutional.

SECTION 3: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.

Town of Atherton, a municipal corporation
MAYOR: __________________________________

BILL WIDMER
ATTEST: __________________________________

ANTHONY SUBER, CITY CLERK

STATE OF CALIFORNIA
COUNTY OF SAN MATEO SS:

TOWN OF ATHERTON
I, Anthony Suber, City Clerk of the Town of Atherton, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the ___ day of ______________, 2023, and had its second reading and was adopted and passed during the public meeting of the City Council on the ___ day of _____________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: __________________________

ANTHONY SUBER, CITY CLERK

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Item No. 7
Town of Atherton
CITY COUNCIL STAFF REPORT – PUBLIC HEARING
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: MAY 17, 2023
SUBJECT: WAIVE FIRST READING AND INTRODUCE BY TITLE ONLY, AN

ORDINANCE REPLACING ATHERTON MUNICIPAL CODE
CHAPTER 2.04 RELATED TO MEETING LOCATIONS FOR THE

CITY COUNCIL

RECOMMENDATION
It is recommended that the Council waive the first reading and introduce by title only, an Ordinance replacing Chapter 2.04 of the Atherton Municipal Code with an updated Chapter reflecting the new meeting location.

BACKGROUND
Chapter 2.04 prescribes the meeting location for the City Council. Chapter 2.04 prescribed 94 Ashfield Road as the primary meeting location. With the renovation of the Town Center, the Council’s new meeting location is 80 Fair Oaks Lane.

ANALYSIS
The attached Ordinance is revised to reflect the new location. The update also removes an outdated Voting Procedure prescribing the order of voting by Ordinance. This is not handled via Council Policy.

FISCAL IMPACT
None.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area E – Strengthen Community Engagement and Transparency

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Update of Chapter 2.04 - Meeting Location
MAY 17, 2023

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POLICY FOCUS
None.

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

ATTACHMENTS

1. Attachment A – Ordinance Update

2. Exhibit A – Ordinance

3. Redline-Strike Version

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ATTACHMENT A
ORDINANCE 2023-____

ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF

ATHERTON, STATE OF CALIFORNIA, AMENDING
CHAPTER 2.04 OF THE ATHERTON MUNICIPAL CODE
WHEREAS, the City Council has adopted an Ordinance prescribing the meeting location for the City Council as part of Chapter 2.04 of the Municipal Code; and WHEREAS, that location previously identified 94 Ashfield Road, the Historic Council Chambers as the Council’s primary meeting location;
WHEREAS, the Town recently completed a renovation of the Town Center and now meets within the new Council Chambers located at 80 Fair Oaks Lane; and WHEREAS, the Ordinance is required to be updated to reflect the new location.

THE CITY COUNCIL OF THE TOWN OF ATHERTON DOES ORDAIN AS FOLLOWS:

SECTION 1: Chapter 2.04, City Council of the Atherton Municipal Code is hereby replaced, in its entirety with EXHIBIT A.

SECTION 2: Severability. If any section, subsection, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases may be declared invalid or unconstitutional.

SECTION 3: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.

Town of Atherton, a municipal corporation
MAYOR: __________________________________

BILL WIDMER
ATTEST: __________________________________

ANTHONY SUBER, CITY CLERK

STATE OF CALIFORNIA

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COUNTY OF SAN MATEO SS:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: __________________________

ANTHONY SUBER, CITY CLERK

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EXHIBIT A
The Atherton Municipal Code is current through Ordinance 656, passed November 16, 2022.

Chapter 2.04

CITY COUNCIL
Sections:

2.04.010 Regular meetings.

2.04.030 Mayor and vice mayor—Appointment.

2.04.040 Mayor and vice mayor—Term.

2.04.010 Regular meetings.

The city council of the town shall hold a regular meeting at least once each month at a time and day specified by resolution. Regular meetings shall be held in the Council Chambers located at 80 Fair Oaks Lane, in the town; or, at such other meeting place located within the corporate limits of the town, as determined by the city council.

Notification of any change in the meeting date, time or place shall be provided by public notice posted on the town’s official public notice bulletin board located at the City Council Chambers at 80 Fair Oaks Lane at the time of the meeting.

Special meetings may be called at any time by the mayor, or by three members of the city council, or by a petition bearing a minimum of one hundred signatures of adult residents of the town. (Ord. 382, 1980; Ord. 344 Ch. 1(e) § 1, 1976)

2.04.030 Mayor and vice mayor—Appointment.

The city council shall meet at least annually to choose one of its members as mayor and one of its members as vice mayor. (Ord. 528 § 2, 2001; Ord. 394 (part), 1982; Ord. 383 Ch. 1(e) § 3, 1981)

2.04.040 Mayor and vice mayor—Term.

The term of office of the mayor and vice mayor shall be one year. No member shall serve as mayor or vice mayor for consecutive terms. (Ord. 513 § 1, 2000; Ord. 394 (part), 1982; Ord. 383 Ch. 1(e) § 4, 1981)

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Chapter 2.04 Code, City Council Page 1 of 2EXHIBIT A
The Atherton Municipal Code is current through Ordinance 656, passed November 16, 2022.

Chapter 2.04

CITY COUNCIL
Sections:

2.04.010 Regular meetings.

2.04.020 Voting procedure.

2.04.030 Mayor and vice mayor—Appointment.

2.04.040 Mayor and vice mayor—Term.

2.04.010 Regular meetings.

The city council of the town shall hold a regular meeting at least once each month at a time and day specified by resolution. Regular mMeetings shall be held in the Council Chambers located at 80 Fair Oaks Lanein the Town Hall, 94 Ashfield Road, in the town;, or, at such other larger meeting place located within the corporate limits of the town, as determined by the city council.

Notification of any change in the meeting date, time or place shall be provided by public notice published once in a newspaper of general circulation in the town at least seven days prior to the meeting; and posted on the town’s four official public notice bulletin board located at the City Council Chambers at 80 Fair Oaks Lane s and posted on the council chamber doors at the time of the meeting.

2.04.020 Voting procedure.

When the first roll call vote of a regular meeting is taken of the city council, the vice mayor shall vote first, then the remaining council members in order of their seniority on the basis of the consecutive length of time in such office and the mayor shall vote last. Succeeding roll call votes of the city council shall be rotated according to seniority with the mayor always voting last. In the event two or more council members shall have equal seniority on the council, the order of the roll call vote amongst them shall be determined on the basis of the greatest number of votes received in the most recent election in which all such equally senior councilmen were candidates. (Ord. 343 Ch. 1(e) § 2, 1976)

2.04.030 Mayor and vice mayor—Appointment.

The city council shall meet at least annually to choose one of its members as mayor and one of its members as vice mayor. (Ord. 528 § 2, 2001; Ord. 394 (part), 1982; Ord. 383 Ch. 1(e) § 3, 1981)

2.04.040 Mayor and vice mayor—Term.

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Chapter 2.04 Code, City Council Page 2 of 2EXHIBIT A
The Atherton Municipal Code is current through Ordinance 656, passed November 16, 2022.

Disclaimer: The town clerk’s office has the official version of the Atherton Municipal Code. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above.

Town Website: www.ci.atherton.ca.us
Code Publishing Company, A General Code Company

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Item No. 8
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: MAY 17, 2023
SUBJECT: Consideration of Criteria for Housing Opportunity Site Selection.

RECOMMENDATION
It is recommended that the Council review the revised Site Selection Criteria and, if appropriate, adopt as the criteria to be used by the City Council when considering opportunity sites for inclusion in the 2023-2031 6th Cycle Housing Element.

BACKGROUND
At the City Council Meeting on March 15, 2023, the City Council discussed feedback from the Atherton Housing Coalition and briefly discussed other housing opportunity sites for consideration. Following discussion, the City Council asked that the Ad Hoc Subcommittee on Housing review various criteria that could be used by the City Council for selection of housing opportunity sites and return to the Council with a recommendation on what criteria should be considered.

On April 19, 2023, the City Council reviewed the Ad Hoc Subcommittee’s Report and recommended modifications to the criteria, as presented. The Council asked that the criteria be returned for Council consideration at the next Regular Meeting (May 17, 2023). Subsequent to the Council’s action, the Mayor disbanded the Subcommittee due to no further directives from the Council for work by the Subcommittee.

ANALYSIS
The Criteria were revised as per Council direction. Revised criteria are shown on Attachment A. The Council directed that of the remaining 7 criteria, a property would need to meet 6 of the criteria and as re-written, they look as follows:
1) Is within 1/4-mile of the Town’s major arterial as identified in the Town’s General Plan (El Camino Real).
2) Is adjacent to or across the street from existing commercial or retail development (i.e. restaurants, stores, service industry and businesses).

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Revised Housing Opportunity Site Criteria
MAY 17, 2023

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3) Is adjacent to or across the street from other existing residential multi-family. 4) It has readily available access to infrastructure and utilities. 5) Does not present a need to mitigate existing environmental hazards. 6) Allows for the implementation of objective privacy buffers relative to adjacent properties, such as setbacks, height limitations, landscape screening, fencing, and ingress/egress. 7) Includes a letter of interest from the existing property owner in support of the proposed development.

When the Council limited the criteria to meeting a minimum of 6 and eliminated “denser”, the Council significantly restricted their application. When strictly applied, there are no properties in the Town that can meet 6 of the 7 criteria if the property does not meet the 1st criteria. The issue is that if #1 does not apply, the property must meet #2 AND #3. While meeting #2 OR #3 may be possible for some properties on Valparaiso; meeting both is likely not possible and Valparaiso is the only other roadway in Atherton that abuts, in a small area, commercial or retail but those same properties do not abut multi-family. They may have abutted “denser” development, but that was also removed. In practical effect, removal of the word “denser” from #3 eliminated any parcel beyond the 1st parcel in along El Camino Real on the west side effectively making even the 1/4- mile irrelevant. This is because those “interior” parcels in the 1/4-mile would not meet the strict application of #2 AND #3.

So, from a practical perspective, in application only parcels 1-parcel in on the West Side of El Camino Real across from or adjacent to property in Menlo Park, Redwood City or the County would qualify as possible opportunity sites.

FISCAL IMPACT
None at this time.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned • Goal Area E – Strengthen Community Engagement and Transparency • Goal Area B – Preserve Small Town Character and Quality of Life

POLICY FOCUS
The Council Policy Focus should be on the identification of specific criteria that will be used by the Council for selection of opportunity sites when including them in the Housing Element Update.

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Revised Housing Opportunity Site Criteria
MAY 17, 2023

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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. Attachment A – Criteria for Housing Opportunity Sites

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ATTACHMENT A
Criteria for identifying locations for multi-family housing in Atherton as part of the Council’s Selection of Opportunity Sites for The Housing Element As Atherton struggles to find locations for multi-family housing sites to satisfy requirements mandated by the State of California’s Housing Community Development Department, Council has created the following basic Criteria Policy from which to evaluate suitable locations as opportunity sites.

The overarching goal is to try and maintain the core of Atherton’s “rural” character, with minimal impact on neighboring homes and environment, while locating the multi-family developments in optimum areas. While this appears impossible, Council believes that with the proper setbacks, height limitations, density, landscape screening, and ingress/egress policies this goal can be achieved.

If a property meets at least 6 of the following 7 criteria it will be considered for inclusion in the Housing Element.

Therefore, if that property:

1. Is within 1/4-mile of the Town’s major arterial as identified in the Town’s General Plan (El Camino Real).

2. Is adjacent to or across the street from existing commercial or retail development (i.e., restaurants, stores, service industry and businesses).

3. Is adjacent to or across the street from other existing residential multi-family.

4. It has readily available access to infrastructure and utilities.

5. Does not present a need to mitigate existing environmental hazards.

6. Allows for the implementation of objective privacy buffers relative to adjacent properties, such as setbacks, height limitations, landscape screening, fencing, and ingress/egress.

7. Includes a letter of interest from the existing property owner in support of the proposed development.

To be considered, a property must meet 6 of 7 of the above criteria. These criteria do not apply to Town owned property.

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Item No. 9
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: GEOFF BRADLEY, AICP, PRINCIPAL-IN-CHARGE, M-GROUP AND

BRITTANY BENDIX, PROJECT MANAGER, M-GROUP
DATE: MAY 17, 2023
SUBJECT: RECIEVE SUMMARY OF THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT’S RESPONSE TO THE TOWN OF
ATHERTON’S 2023-2031 HOUSING ELEMENT AND A REPORT ON

NEXT STEPS TO RECEIVE CERTIFICATION

RECOMMENDATION
Receive a summary of the Department of Housing and Community Development’s (HCD) comment letter and a report on next steps to complete and certify the Town of Atherton’s 2023- 2031 Housing Element.

BACKGROUND
On January 31, 2023 the Town Council adopted Atherton’s 2023-31 Housing Element. Pursuant to state law, the Town submitted a copy of the adopted housing element to the Department of Housing and Community Development (HCD) for review and certification. This provided HCD with its second opportunity to review the Town’s 2023-31 Housing Element, which included modifications that addressed prior HCD comments received in a letter dated October 31, 2022.

On April 4, 2023, the Town received a letter from HCD that found the adopted housing element addresses many statutory requirements; however, additional revisions are necessary to substantially comply with State Housing Element Law (Article 10.6 of the Government Code).

Furthermore, because the Town did not adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), any rezoning required to enact the element’s housing programs and achieve its regional housing needs allocation must be completed by January 31, 2024.

The following report provides a summary of HCD’s most recent and prior comment letters and identifies next steps to achieve certification.

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Summary of HCD Letter and Next Steps
May 17, 2023

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FINDINGS | ANALYSIS
HCD Comments and Response
To facilitate a discussion of HCD’s comments and the recommended actions to achieve certification of the housing element, staff has provided a summary table at Attachment 1. This table lists each topic identified in the HCD comment letter dated April 4, 2023 (Attachment 2) and addresses how to resolve outstanding items. However, because many of these comments refer to prior direction received from HCD, the table also includes summaries of how the adopted housing element (Attachment 3) addressed the HCD comment letter dated October 31, 2022 (Attachment 4).

The presentation of this information collectively demonstrates the progress the Town has made in addressing HCD’s concerns and enables the Town to focus on key areas where efforts address multiple topics or have a significant influence on the Town’s housing strategy. These key areas are listed below and categorized as needing either additional high-level analysis, programmatic changes or relating to multifamily and affordable housing needs. Each area also includes references to the HCD topic areas addressed in the summary table.

1. High Level Analysis
A. Extremely Low-Income (ELI) households and Special Needs Populations The comments from HCD require the Town to provide further analysis of how past and recently adopted programs in the element mitigate housing issues for ELI households and Special Needs Populations (elderly, persons with disabilities, large households, female-headed households, farmworkers and persons experiencing homelessness). This required analysis includes additional reporting of specific quantitative attributes, comparison between the Town and the region, and identification of gaps in resources and constraints on the Town’s ability to provide housing for these populations. The element must then address how its programs mitigate any identified issues. This effort applies to the following topic areas raised in Attachment 1:
• Review of Prior Housing Element
• Integration and Segregation
• ELI Households
• Constraints on Housing for Persons with Disabilities
• Special Needs
• Programming for ELI and Special Needs Households
B. Affirmatively Furthering Fair Housing (AFFH)
To comply with HCD comments, the Town must provide additional information in its assessment of AFFH. This includes an analysis of the distribution of the units resulting from the housing opportunity sites and a discussion of how that distribution mitigates any AFFH issues identified in the Town. Based on that analysis, the Town must also update the discussion of any housing constraints identified in the element and any

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Summary of HCD Letter and Next Steps
May 17, 2023

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related actions or programs the element applies to mitigate those constraints. This effort applies to the following topic areas raised in Attachment 1:
• Fair Housing Enforcement and Capacity
• AFFH and Site Inventory
• Local Data and Knowledge and Other Relevant Factors
• Contributing Factors to Fair Housing Issues
• AFFH
C. Housing Needs Assessment
The element must expand the discussion of the housing needs assessment to include specific quantitative data related to income level and tenure as required by HCD. This effort applies to the following topic areas raised in Attachment 1:
• Overpayment
• Housing Cost
D. Site Inventory and Analysis – SB 9 Sites
HCD has requested further analysis of the SB 9 sites to demonstrate that the unit yields from this strategy will achieve the Town’s RHNA goals. This effort applies to the following topic areas raised in Attachment 1:
• SB 9 Sites
E. Site Inventory and Analysis – General
HCD’s comments require various information for all sites included in the site inventory. This includes an analysis for each site/strategy that addresses the realistic capacity, resource availability, sewer and dry utility infrastructure, acreage, feasibility of developing lower-income units, and feasibility of developing housing on sites with existing use. If the Town determines the site inventory and analysis does not meet stated RHNA goals, HCD has included a reminder that the Town must also include a program to address any housing unit shortfalls. This effort applies to the following topic areas raised in Attachment 1:
• Realistic Capacity
• Small and Large Sites
• Zoning for Lower-Income Households
• Suitability of Nonvacant Sites
• Infrastructure
• Shortfall of Adequate Sites
F. General Constraints
The housing element’s discussion of governmental and nongovernmental constraints requires additional information to address comments in HCD’s letter. This includes expanding discussion of the Conditional Use Permit process, identifying any local

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Summary of HCD Letter and Next Steps
May 17, 2023

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ordinances that could constrain housing development, addressing the Town’s streamlining process for eligible SB-35 projects (or indicating how eligibility is not possible), approval timeframes for development review, and the propensity for development applications/inquiries below density. HCD also requires that the element identify any constraints that may result from the element’s programs, as well as indicate how programs may mitigate or eliminate constraints. This effort applies to the following topic areas raised in Attachment 1:
• Local Processing and Permit Procedures
• Local Ordinances
• Streamlining Provisions
• Approval Time and Requests for Lesser Densities
• Program 3.814 (Adoption of an Inclusionary Zoning Ordinance) • Governmental and Nongovernmental Constraints

2. Programmatic Changes
A. Program Specific Comments
The HCD comment letter identified specific items for various programs that require attention. This includes specific language necessary to comply with related housing laws (i.e. emergency shelters and group housing), the identification of program incentives, the need for specific dates in timeframes (i.e. “2 years” vs. “January 31, 2025”) and additional details for outreach efforts. This effort applies to the following topic areas raised in Attachment 1:
• Emergency Shelters
• Program 3.815 (Conservation and Rehabilitation of Existing Units) • Program 3.823 (Equal Housing Opportunity)
• Program 3.824 (Emergency Shelters, Transitional and Supportive Housing) • Program 3.841 (Shared Housing)
• Replacement Housing Requirements
• Program 3.850 (Group Housing)

3. Multifamily and Affordable Housing
A. Multifamily Sites Inventory, Analysis and Program Language HCD had multiple comments regarding the Town’s strategy for multifamily units; however, many of these comments relate to discrepancies with the information provided in the adopted element and require clarification. For example, discussion of the multifamily strategy should consistently identify the permitting process (by-right vs. discretionary) for sites within the PFS Zoning District or within a multifamily overlay, the extent and applicability of an overlay, and the inclusion of any publicschool sites. The Town must also estimate any fees or exactions for multifamily development and discuss any potential constraints relating to those requirements. This effort applies to the following topic areas raised in Attachment 1:

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Summary of HCD Letter and Next Steps
May 17, 2023

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• Sites Inventory
• Multifamily Housing
• Publicly Owned Sites
• Land Use Controls
• Fees and Exaction
• Program 3.813 (Multifamily Housing Development on School and Other Properties)
Staff acknowledges that the Town Council is currently analyzing the multifamily programs adopted in the housing element and that this may require additional updates on this topic.

B. Site Inventory, Analysis and Program Language – Accessory Dwelling Units (ADUs) The comments from HCD raise concerns that the Town does not provide sufficient information to support the unit yield anticipated by the element’s ADU strategy. The project team will follow up directly with HCD to understand this concern for the total yield, which is consistent with recent past performance. The team will also work with HCD to understand what additional information may be necessary to support the Town’s estimation of lower income ADUs. This effort applies to the following topic areas raised in Attachment 1:
• Accessory Dwelling Units (ADU)
• Program 3.814 (Adoption of an Inclusionary Zoning Ordinance) Initial Study
The Town’s previously adopted 2023-31 Housing Element received an exemption from environmental review pursuant to the California Environmental Quality Act (CEQA) sections 15061(b)(3)(Common Sense), 15002, and 15283. At that time the housing element was exempt from environmental analysis because it would be speculative to analyze potential environmental impacts from future development when zoning code changes and development standards have yet to be approved. Instead, the Town would conduct a CEQA review when it brought forth any zoning code amendments or land use ordinance to effectuate the Housing Element or upon receipt of development applications, whichever occurred first.

However, the Town has not yet adopted a compliant housing element. Therefore, any rezoning required to enact the element’s housing programs that are necessary to achieve its regional needs allocation must be completed by January 31, 2024. To achieve this effort, the Town will now pursue certification of its housing element in tandem with zoning code modifications and the adoption of objective design standards. Accordingly, the Town must now prepare an initial study to evaluate the potential environmental impacts from the revised 2023-31 Housing Element.

Next Steps
As described above, the Town’s effort to adopt a compliant housing element now includes an initial study, zoning code modifications and the creation of objective design standards. Staff is

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Summary of HCD Letter and Next Steps
May 17, 2023

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currently working with consultants to commence these efforts, complete background research, compile data requested by HCD, and continue discussion and outreach related to refining the Town’s multifamily housing strategy to ensure that the CEQA process will conclude prior to the January 31, 2024 deadline. A preliminary schedule for certification of the Housing Element and related tasks for CEQA Review, related Zoning Code modifications, and development of Objective Design Standards is included at Attachment 5.

Staff strongly encourages the City Council to identify any additional multifamily sites at its meeting on July 19, 2023. Identification of sites will facilitate a complete “project description,” which is a necessary component to commence the public outreach and research phase of the initial study and development of design guidelines. The remaining summer months and early fall will then focus on working with the community towards refining any revisions to the housing elements, anticipated modifications to the zoning code and crafting objective design standards.

Adoption hearings would then begin in late Fall and continue through the end of 2023.

FISCAL IMPACT
The overall fiscal impact to the General Fund would be $323,244 to complete the Housing Element and related CEQA review. Related work would be $159,553 to complete Objective Design Standards and $118,553 to complete Zoning Code modifications. Funds would be as part of the FY 2022/23 and FY 2023/24 Budget.

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 District, service provides (water, power, and sewer), and regional elected officials.

CEQA
This item is statutorily exempt from CEQA under Section 15262, Feasibility and Planning Studies.

ATTACHMENT
Attachment 1: Summary Table of HCD Comments, Town Response and Approach Attachment 2: Comment Letter from HCD dated April 4, 2023 Attachment 3: Adopted Housing Element and Appendix 5
Attachment 4: Comment Letter from HCD dated October 31, 2022 Attachment 5: Atherton Housing Element Schedule

Page 144 of 178 ends

Table 1: Approach to Resolving HCD Comments on Atherton’s 2023-2031 Housing Element Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
Review of Prior
Housing Element
(Pgs. 100-111)
Update the response to include an analysis in the
narrative of Section 3.600: Review of 2015-22
Housing Element Performance. Will use
information on special needs populations already
provided in Table HE-11 and supplement with
citations or additional information as needed.

This analysis may result in recommended
revisions to the 2023-31 Housing Element, to
address concerns raised by the HCD letter from

10.31.22. Analyze the cumulative effectiveness of the
previous Housing Element goals, policies, and
programs on special needs populations (e.g.,
elderly, persons with disabilities, large
households, female-headed households,
farmworkers, and persons experiencing
homelessness).

The Housing Element provides Table HE-11 with
all programs and goals from the previous
element, with some references to special needs
populations. However, there is no summary of
the table that indicates performance for each
special needs population group.

Provide a thorough program-by-program review
to evaluate the 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.

Fair Housing
Enforcement and
Capacity
(Pgs. 19-21)
Add the Town’s process for receiving and
referring fair housing complaints to Section

3.330: Fair Housing Enforcement and Outreach
Capacity.

The element must still describe the Town’s
process to refer fair housing complaints.

The response provided in Section 3.330 includes
a summary of agencies outside of the Town
where fair housing complaints are received, an
acknowledgement and analysis regarding the
Town’s absence of any complaints, and summary
of outreach.

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.

Integration and
Segregation
(Pgs. 27-38)
Expand the discussion on race and ethnicity in
Atherton to include a comparison to the region.

The element includes a chart for this purpose but
no discussion. The discussion will also address
any geographic concentrations of race and
ethnicity.

Expand the discussion on persons with
disabilities to include a comparison of Atherton
to the region.

Expand the discussion to identify any geographic
concentrations within the Town based on familial
status. E.g. Identify any specific areas where
single-person households, married-couple
families and families with children are
concentrated. With an acknowledgment of how
The element should analyze concentrations of
race and familial status geographically within the
Town as well as analyze the differences between
the Town and the surrounding region.

In addition, the element must provide a regional
analysis on disability as well as analyze
concentrations of higher incomes within the
Town compared to broader surrounding areas.

The response in section 3.340 includes a
discussion of race and ethnicity in Atherton,
compared to San Mateo County, and a chart that
includes the region. However, there is no
discussion of the chart.

The discussion on persons with disabilities,
focuses on Atherton, with one reference to San
Mateo County data.

The discussion on familial status includes a
quantifiable comparison of the Town to San
Mateo County and the Region.

The discussing compares the Town’s
concentration of high incomes and absence of
concentrated poverty to the county as
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

Page 145 of 178 ends

contributes to the high incomes geographically
Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
those trends may be similar to the County and/or
region.

Expand the discussion of household incomes and
contributing factors to include references to the
low-income housing and density in the broader
surrounding areas (Unincorporated San Mateo
County, Redwood City, Menlo Park and
Woodside)
percentages and provides an analysis of factors
contributing to that outcome (availability of lowincome housing and single-family zoning).

Affirmatively
Furthering Fair
Housing (AFFH)
and Site Inventory
(Pgs. 65, 68-80)
Revise Section 3.370: Site Inventory Analysis to
analyze how the distribution of the units from
the housing opportunity sites, including units
resulting from the ADU strategy, may contribute
to or mitigate fair housing issues identified
throughout Atherton’s Fair Housing Assessment
(Section 3.300).

If the opportunity sites are found to exacerbate
conditions or isolate the RHNA by income group,
provide recommended revisions to the 2023-31
Housing Element.

The element was not revised to address this
finding. Please see HCD’s prior review for
additional information.

Section 3.370: Site Inventory Analysis addresses
the presence of any Racially/Ethnically
Concentrated Area of Poverty (R/ECAP) or edge
R/ECAPs within the Town and the County. The
section also references the inventory of
identified opportunity sites included in the
Housing Element as Appendix 5 and further
discussion in Section 3.410: Inventory of Sites
Suitable for Residential Development.

Section 3.416: Zoning Appropriate to
Accommodate the Development of Housing
Affordable to Lower Income Households (pgs.
78-80) includes the most specific discussion of
the number of affordable units anticipated by
the site analysis. However, this does not include
a reference to any conditions identified in
Atherton’s Fair Housing Assessment (Section

3.300).

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 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).

Local Data and
Knowledge and
Other Relevant
Factors
(Pg. 26)
Revise this section to focus the narrative
specifically on patterns of socio-economic
considerations that derive from zoning and other
land use practices. Provide reference to
programs that mitigate related AFFH issues.

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.

This analysis should complement state and
federal data to better understand the patterns of
socio-economic concentrations and formulate
appropriate policies and programs. For example,
Section 3.330: Fair Housing Enforcement and
Outreach Capacity includes a discussion titled
“Local Data and Knowledge” that attributes the
Town’s demographics to the region’s history.

A specific example is provided in the continued
disinvestment and urban renewal in surrounding
areas, such as East Palo Alto. The discussion
proceeds with a summary of redistricting for the
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

Page 146 of 178 ends

and issues, including utilizing knowledge from
Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
the analysis should address the history of zoning
and land use and impacts on fair housing issues.

Please see HCD’s prior review for additional
information.

Menlo-Atherton High School attendance area
and the subsequent race riots that occurred on
the high school campus, which is located in
Atherton.

The section then correlates housing and
educational boundaries. There is also discussion
related to the influence of Atherton’s zoning
policy on student demographics at the highschool.

The section cites one reference.
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.

Contributing
Factors to Fair
Housing Issues
(Pgs. 65-66)
Pending completion of the analysis requested
above, revise Section 3.380: Contributing Factors
and Fair Housing Action to include any additional
contributing factors to fair housing issues.

Based on the outcomes of a complete analysis,
The element must re-assess and prioritize
contributing factors to fair housing issues and
formulate appropriate policies and programs.

Section 3.380: Contributing Factors and Fair
Housing Action lists three factors contributing to
fair housing within Atherton: the high cost of
land acquisition, zoning primarily for single
family homes, and little affordable housing for
those with moderate and low income who work
in the town, other than ADUs and housing at
local school sites. The discussion in this section
also includes a strategy for each factor.

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.

Extremely LowIncome (ELI)
Households
(Pgs. 7-11, 50-51)
Revise Section 3.211 to analyze the number of
existing ELI households. See the discussion of
Special Housing Needs (pg. 11) for examples.

Include tenure in this analysis.

Revise Section 3.360 to include a discussion of
ELI households’ housing needs.

While the element was revised to quantify the
total number of existing ELI households, it must
still analyze their housing needs such as
examining tenure (i.e., renter and owner). Please
see HCD’s prior review for additional
information.

Section 3.211: Summary of Key Facts includes the
percentage of lower income households in the
Town that are considered extremely low income
(earning less than 30% of AMI).

Section 3.360: Disparate Housing Needs includes
a discussion of housing needs rental affordability
in Atherton; however, this discussion does not
specifically analyze the needs of 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.

Overpayment
(Pgs. 51-56)
Revise Section 3.360: Disparate Housing Needs
to expand the discussion of cost burden and
severe cost burden to include an analysis of
overpayment based on tenure at each AMI
income level.

While the element was revised to quantify the
total number of households overpaying by
tenure, it must quantify and analyze the number
of lower income households overpaying by
tenure (i.e., renter and owner).

Section 3.360: Disparate Housing Needs includes
a discussion of cost burden (overpayment) and
severe cost burden, as well as a chart indicating
the percent of households cost burdened by
income level.

There is also a quantified analysis of
overpayment based on tenure; however, this
analysis does not compare tenure at each AMI
income level.

The element must quantify and analyze
overpayment by tenure (i.e., renter and owner),
for both the overall population and lowerincome households.

Page 147 of 178 ends

3.211 and supplement rent information with in
both Section 3.211 and 3.360 with sources that
provide a range of rents. (I.e. rents for a studio,
1-bedroom, 2-bedroom, or full house)
This element did not address this finding, please
see HCD’s prior review for additional
information.

Section 3.211: Summary of Key Facts includes a
discussion of ‘Home Prices and Rents’ in the
Town. This includes an average sales price from
the San Mateo Association of REALTORS Annual
Reports 2010-2020 and a median rent (source
not identified).

Section 3.360: Disparate Housing Needs also
includes a discussion of housing ownership and
rental prices on pg. 50. This includes references
to the Zillow home value index and a point-intime Google search that found no home for rent under $5,000 per month.

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).

Sites Inventory
(Pgs. 69-70, 130
and Appendix 5:

Electronic Housing
Element Site
Inventory Form)
Staff believes this item has been appropriately
addressed and will follow up with the contact at
HCD to better understand any missing analysis.

A summary tally of the sites inventory may be
added to Section 3.410 to provide future
clarification.

Section 3.813: Multifamily Housing Development
on School Properties may need revision to align
with the unit counts in the site inventory and
analysis.

The element was not revised to address this
finding. Please see HCD’s prior review for
additional information.

The Electronic Housing Element Site Inventory
Form is included in the adopted 2023-31 Housing
Element as Appendix 5. Each site identified in the
inventory includes a general plan designation.

The Housing Element includes two areas with
discussion of the site inventory. Section 3.370:

Site Inventory Analysis addresses the proximity
of Racially/Ethnically Concentrated Areas of
Poverty (R/ECAP) or edge R/ECAPs to the Town.

Section 3.410: Inventory of Sites Suitable for
Residential Development identifies parcelspecific sites, programs, constraints, etc. to achieve the Town’s housing goals.

The school sites listed in this discussion include:

Menlo College (1000 El Camino Real), Menlo
School (50 Valparaiso Avenue), Sacred Heart (150
Valparaiso Avenue), Menlo-Atherton High
School, Laurel School Lower Campus, Encinal
School, Las Lomitas School, and Adelante Selby
Spanish Immersion School.

Both Menlo College and Menlo School are
included in the Appendix 5 inventory, with an
estimated gain of 60 units and 20 units,
respectively. The supplemental narrative
provided in Section 3.411 indicates that Menlo
College could support development of 60-90
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.

Page 148 of 178 ends

However, Section 3.813: Multifamily Housing
Development on School Properties indicates that
Menlo College and Menlo School could provide
60 and 49 units, respectively.

Realistic Capacity
(Pgs. 68-72, and 78)
Provide a new section specifically to address
realistic capacity and resource availability for
each housing strategy.

While the element states the number of units
assumed to develop on each site, it must
describe 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.

Section 3.411: Parcel-specific List of Available
Sites identifies specific approaches to meeting
the Town’s housing goals. This includes Multifamily rezoning at 23 Oakwood, Menlo College (1000 El Camino Real), Menlo School (50
Valparaiso Avenue), and Sacred Heart (150
Valparaiso Avenue). While each site includes a
discussion of total unit yield, there are no
assumptions provided to support those amounts.

Section 3.416: Zoning Appropriate to
Accommodate the Development of Housing
Affordable to Lower Income Households
provides some discussion of assumptions for
estimating unit yield for lower income units.

However, this does not include analysis of the
availability and accessibility of sufficient water,
sewer and dry utilities.

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.

Small and Large
Sites
(Pgs. 68-72,
Appendix 5:

Electronic Housing
Element Site
Inventory Form)
Expand the discussion in Section 3.411: Parcelspecific List of Available Sites to address the scale of development at Menlo College and Menlo
School, relative to the 10-acre threshold.

Address the half-acre and 10-acre thresholds,
relative to the Town’s other housing programs
and the inventory’s broad compliance with the
exception of two market rate units anticipated at
383 Walsh Road. Provide analysis to support the
inventory.

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
The Electronic Housing Element Site Inventory
Form is included in the adopted 2023-31 Housing
Element as Appendix 5. All sites included on the
inventory are greater than a half-acre in size;
however, three sites exceed 10 acres. These sites
include 1000 El Camino Real (Menlo College), 50
Valparaiso (Menlo School) and 383 Walsh Road
(Private Residence).

Section 3.411: Parcel-specific List of Available
Sites includes a discussion of potential multifamily development at Menlo College and Menlo School and references the size of the
development footprint for each area considered
for future housing. However, a reference to
HCD’s 10-acre threshold is not specifically
addressed. Additionally, there is no discussion
specific to the property at 383 Walsh Road.

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

Page 149 of 178 ends

consolidations by the number of parcels, number
Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
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.
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.

Zoning for LowerIncome
Households
(Pgs. 68-72, 119,
123-125)
Revise Section 3.411: Parcel-specific List of
Available Sites to include an analysis based on
statutory factors that the anticipated lower
income units are feasible.

Clarify in Section 3.810: New Construction,
Conservation and Rehabilitation how the 23
Oakwood development will provide “very lowincome” units when the description of the Inclusionary Housing Ordinance requirement is
for “lower incomes.”
While some school sites were revised to state
they will be rezoned to allow 20 dwelling units
per acre, it is also assumed affordable units will
be developed on a site that will be rezoned for
up to 10 dwelling units per acre.

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.

Section 3.411: Parcel-specific List of Available
Sites identifies the density for the Menlo College,
Menlo School and Sacred Heart sites at 20
dwelling units per acre, and the multi-family
rezoning at 23 Oakwood at 10 dwelling units per
acre.

Section 3.810: New Construction, Conservation
and Rehabilitation anticipates four very lowincome units developed at 23 Oakwood, pursuant to the Town’s adoption of an
Inclusionary Housing Ordinance to restrict 20
percent of the new units as affordable to lower
incomes. This assumed unit count is without any
density bonus.

The element must demonstrate zoning
appropriate to accommodate housing for lowerincome 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
Suitability of
Nonvacant Sites
(Pgs. 68-72)
Supplement the discussion in Section 3.411:

Parcel-specific List of Available Sites with an
analysis of the feasibility of future housing
development with existing uses, as requested by
HCD.

While the element was revised to remove the
CalWater site, the element must still
demonstrate the potential for redevelopment on
nonvacant sites listed in the inventory.

The element must include an analysis
demonstrating the potential for additional
development on nonvacant sites. Specifically on
the school sites and the 23 Oakwood 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 additional
residential development. For example, the
element includes sites identified as a private
college, a school site, and existing single-family
homes, but little analysis was provided to
demonstrate whether these existing uses would
impede development of these sites within the
planning period.

Section 3.411: Parcel-specific List of Available
Sites discusses the development potential at the
23 Oakwood, Menlo College, Menlo School and
Sacred Heart sites. However, the analysis does
not address how the proposed housing
development would integrate into existing uses
on-site.

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 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.

Page 150 of 178 ends

Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
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.

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.

SB 9 Sites
(Pgs. 73, 119-123)
Modify Section 3.411: Parcel-specific List of
Available Sites to direct readers to the analysis
provided in Section 3.810: New Construction,
Conservation and Rehabilitation, which includes
a discussion of assumptions related to unit yields
from SB 9 Subdivisions.

Supplement this discussion with an analysis of
the likelihood of redevelopment on each of the
SB 9 sites that contribute to the 48 net new
units. The analysis will include the identification
of any existing uses, the likelihood of site-specific
redevelopment, ease of subdivision, the
condition of any existing structures,
demonstration of interest from owners, and
support for the site’s inclusion in the planning
period.

Recommendations for zoning and development
standards and incentives may be included based
on the analysis and the ability to identify
additional sites within six months if assumptions
are not met.

The element identifies SB 9 as a strategy to
accommodate the part of the Town’s Regional
Housing Needs Allocation (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 element must also clarify whether the SB 9
sites listed in Table HE-13 are included in the
projections for the planning period. If they are
included as part of the sites inventory, it must
describe the status of the projects beyond
pending or project approval to demonstrate
feasibility during the planning period.

Section 3.411: Parcel-specific List of Available
Sites includes a discussion of “Underutilized
Parcels (Further Subdivision and/or SB 9
Subdivision)” and identifies 60 parcels within the
Town improved with single-family homes. These
60 parcels meet the criteria to pursue an SB 9
Subdivision and yield 91 net new dwelling units.

Under the allowable provisions of SB 9, each of
the 60 parcels could be split further, yielding a
total of 91-242 dwelling units.

The Town projects it will net 48 new above
moderate-income units from traditional and SB 9
lot splits. This is also stated in Table HE-12, in
Section 3.810: New Construction, Conservation
and Rehabilitation. This section also includes a
summary of SB 9 and asserts the Town’s
assumptions that SB 9 will be more common on
lots of at least one acre in size and that contain
an older residence, constructed pre-1970. The
Town has 606 lots that meet these criteria.

The Town indicated that in 2022 it received six
SB 9 applications and an additional six inquiries;
yielding up to 23 net new dwelling units. This is
summarized in Table HE-13. Based on this trend,
the Town assumes six net new dwelling units per
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 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 Page 151 of 178 Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
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.
year during the planning period; resulting in up
to 48 units.
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
(Pgs. 68-73, and
119)
Staff believes this item has been appropriately
addressed and will follow up with the contact at
HCD to better understand any missing analysis.

The element was not revised to address this
finding. Please see HCD’s prior review for
additional information.

Table HE-12: Summary of Projected Dwelling
Units in Section 3.810: New Construction,
Conservation and Rehabilitation indicates that
the PFS sites included in the RHNA
accommodation are private schools.

Additionally, Section 3.411: Parcel-specific List of
Available Sites, identifies Menlo College, Menlo
School and Sacred Heart as private schools and
indicates that the Cal Water Bear Gulch Reservoir
site is not included in the RHNA accommodation.

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
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.

Accessory Dwelling
Units (ADU)
(Pgs. 78-79, 125-
127, 131, 138)
Staff believes there is extensive justification for
the Town’s projection of 35 ADUs per year over
the eight-year planning period. However, staff
anticipates that the trends relative to the
production of ADUs for lower incomes need
further analysis to demonstrate this goal is
achievable. Staff will coordinate with HCD to
While the element was revised to add a program
to monitor ADU development in Section 3.845, it
must commit to timing earlier in the planning
period for additional incentives or sites to
accommodate RHNA will be identified (i.e.,
within six months of monitoring).

Section 3.416: Zoning Appropriate to
Accommodate the Development of Housing
Affordable to Lower Income Households
indicates a recent (past two years) uptick in ADU
and Junior ADU (JADU) development that the
Town attributes to recent local regulatory
changes. The Town has also completed a recent
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

Page 152 of 178 ends

and reconcile trends with HCD records, including
Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
further understand the revisions needed to
address this comment.

Modifications to Section 3.845: Accessory
Dwelling Units Monitoring will commit to timing
earlier in the planning period.

In addition, the ADU trends must still be
reconciled with HCD records and projections
should be rescaled based on recent trends.

Please see HCD’s prior review for additional
information.
community survey where 18 percent of
responding households indicated an interest to
construct an ADU within the planning period.

This information underlies the Town’s assertion
that 35 ADUs per year over the next 8 years is
achievable.

Section 3.812: New Construction of Affordable
Accessory Dwelling Units also details an average
of 35 ADU permits per year during the past three
years of the 5th cycle housing element. The Town
forecasts 280 new ADUs over the 6th cycle
housing element planning period. The Town also
forecasts that 168 ADUs will be available to
lower income levels. The programs to ensure
availability of ADUs to lower income households
include: (H) A self-reported rent survey; (I)
Coordination with a non-profit housing
organization such as, but not limited to, HIP
Housing to connect homeowners to prospective
renters; (J) a comprehensive incentive ADU/JADU
rental program and partnership with a nonproject housing organization such as, but not limited to, HIP Housing to facilitate the rental
advertising, screening and partnering process by
December 31, 2023; and (L) make funds available
from an affordable housing impact fee on singlefamily construction to provide very low-income rental assistance for eligible households
identified by HIP Housing by July 1, 2024.

Additionally, Section 3.814: Adoption of an
Inclusionary Zoning Ordinance will require
projects subject to the new inclusionary
ordinance for multi-family and single-family
housing will include an option to provide
affordable deed restricted ADU or JADUs on-site
in-lieu of paying the fee.

Section 3.845: Accessory Dwelling Units
Monitoring is a program that monitors permitted
ADUs and affordability every other year and take
appropriate action, including adjusting
assumptions or rezoning within one year if the
sites inventory is negatively impacted to ensure
compliance with no net loss provisions.
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
(e.g., six months) if needed.

The element must also address affordability
assumptions for ADU projections.

Page 153 of 178 ends

Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
Infrastructure
(Pgs. 77-78)
Expand Section 3.415 to include an assessment
of public sewer and dry utilities supply capacities
ability to meet the demands of anticipated
housing production during the 6th cycle.
**This analysis will also be required for related
California Environmental Quality Act (CEQA)
review. **
While the element was revised to provide
additional information on water capacity, it must
demonstrate sufficient sewer capacity beyond
stating analysis is on a case-by-case basis or add
programs to address the constraint. In addition,
the element must analyze sufficient existing or
planned dry utilities supply capacity.

Section 3.415: Infrastructure Description
provides a discussion of the Town’s
infrastructure. The analysis indicates that all sites
in Atherton are served by the public sewer
system and indicates that the development
review process would assess required
improvements.

This section also includes an analysis of water
capacity and current services.

The section does not discuss dry utilities supply
capacity.

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.

Emergency
Shelters
(Pgs. 80 and 141)
Align the discussions in Section 3.430:

Identification of Adequate Sites for Emergency
Shelters and Section 3.853: Emergency Shelters
to connect the narrative to the program.

Expand Section 3.430 to discuss available sites,
acreage, typical parcel sizes and the presence of
reuse opportunities, and any conditions
inappropriate for human habitability. Include any
additional parameters resulting from AB 2339, as
necessary.

While the element was revised to add program

3.853, it must discuss available sites, acreage,
including typical parcel sizes and the presence of
reuse opportunities, and any conditions
inappropriate for human habitability.

Please be aware Chapter 654, Statues of 2022
(AB 2339), adds specificity on how cities and
counties plan for emergency shelters and ensure
sufficient and suitable capacity.

Future submittals of the housing element may
need to address these statutory requirements.

For additional information and timing
requirements, please see HCD’s memo at
https://www.hcd.ca.gov/sites/default/files/docs/
planning-and-community/ab2339-notice.pdf
Section 3.430: Identification of Adequate Sites
for Emergency Shelters describes the Town’s
actions to allow for emergency shelters as a
principally permitted use in the PFS (Public
Facilities and Schools) Zoning District.

Section 3.853: Emergency Shelters asserts that
the Town will amend its zoning code to comply
with all provisions of State law pertaining to
emergency shelters within one year of Housing
Element certification.

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.

Multifamily
Housing
Expand Section 3.411: Parcel-specific List of
Available Sites to identify all codified
requirements for a multi-family development to
proceed by-right in the PFS Zoning District. This
includes any discretionary items subject to
Planning Commission review.
** The Town is currently considering alternative
multi-family housing sites and the scale of the
multi-family overlay district. Any modifications
will result in revisions to the Housing Element. **
While the element includes a program to create
a new zone to allow ten dwelling units per acre,
HCD understands that the zone only applies to
one site and is limited to accommodating fewer
units than the RHNA.

The element should consider applying the new
zone to additional areas to better promote a
variety of housing types, specifically multifamily
and supportive housing. In addition, the PFS zone
requires a conditional use permit (CUP) and a
master plan. The element must analyze and
Section 3.411 Parcel-specific List of Available
Sites discusses anticipated multi-family
development at the 23 Oakwood, Menlo College,
Menlo School and Sacred Heart sites. Included in
the discussion of the school sites is
acknowledgement that the existing PFS zoning
requires a conditional use permit for residential
uses and allows multi-family residential uses by
right (with the provision of very low and lowincome units), subject to Planning Commission review of the location, size, proximity to heritage
trees and environmental aspects of the project.

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,

Page 154 of 178 ends

feasibility and cost.

Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
demonstrate realistic opportunities for
multifamily and analyze the CUP requirement for
multifamily as a potential constraint on housing
supply, cost, feasibility and approval certainty.

The analysis should identify findings of approval
for the CUP and their potential impact on
development approval certainty, timing,
feasibility and cost.

Land Use Controls
(Pgs. 82-84)
Revise Section 3.511: Land Use Controls to
provide clarification on the intended re-zoning as
either an overlay on the PFS site OR a
modification to the PFS zoning standards.

While the element was revised to state four
stories will be allowed in the PFS zone, the
element did not address HCD’s findings on 34-
foot height restrictions, setbacks, and lot
coverage, as well as parking. Please see HCD’s
prior review for additional information.

Section 3.511: Land Use Controls identifies and
analyzes government constrains within the
Town’s General Plan and Zoning Ordinance. This
section also includes Table HE-4: Atherton’s
Zoning Categories and Standards that lists the
physical development standards for each zoning
district.

The analysis states that the Town will allow
development up to 40 feet in height with
adequate setbacks to accommodate the
development and subject to objective design
standards in two new multi-family zoning
districts. However, it is not directly stated that
one of these two new zoning districts is an
overlay onto the school sites in the PFS Zoning
District.

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.

Fees and Exaction
(Pgs. 85-92)
Staff will contact HCD to consider how to
estimate fees for analysis and identification of
any potential constraints.

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

Section 3.514: Fees and Exactions addresses
constraints to housing that result from fees and
permit processing.

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

Page 155 of 178 ends

Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
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.

Since Atherton currently does not have any
multi-family projects this section indicated that
there was no available data to include.

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.

Local Processing
and Permit
Procedures
(Pgs. 93-95)
Expand Section 3.515: Processing and Permit
Procedures to detail the CUP process, findings
and master planning requirements. Identify any
constraints that may delay construction of
housing units and consider revising the Housing
Element accordingly.

While the element was revised to state design
review is not required, the analysis must
evaluate the processing and permit procedures’
impacts as potential constraints on housing
supply and affordability. For example, 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.

Section 3.515: Processing and Permit Procedures
includes the discussion and analysis of
constraints on housing development incurred
from permit processing. A general description of
the CUP process is provided; however it does not
identify required findings or the master plan
review requirements for multifamily
development.

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 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
Local Ordinances
(Pgs. 82-96)
Add a new section to identify any local
ordinances that may constrain housing
production.

The element was not revised to address this
finding, please see HCD’s prior review for
additional information.

Section 3.510: Governmental Constraints
Analysis identifies several potential sources for
governmental constraints to the production of
housing. However, the discussion of local
ordinances is limited to the Zoning Ordinance.

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
(Pgs. 93-95)
Revise Section 3.515: Processing and Permit
Procedures to indicate if the Town has an
Affordable Housing Streamlining process. If the
Town does not have any SB-35 eligible sites, this
should be noted.

The element was not revised to address this
finding, please see HCD’s prior review for
additional information.

Section 3.515: Processing and Permit Procedures
includes the discussion and analysis of
constraints on housing development incurred
from permit processing. As part of this discussion
the Town identifies all housing permitting
processes. This analysis does not reference an
affordable housing streamlining process, which is
required for projects eligible pursuant to
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.

Page 156 of 178 ends

Constraints on
Housing for
Persons with
Disabilities
(Pgs. 95-96, 133)
Confirm with HCD that the analysis provided is
appropriate and modify Section 3.822: Disabled
and Developmentally Delayed Persons to align
with the intent stated in Section 3.516:

Constraints on Persons with Disabilities.

While the element states that the Town has a
reasonable accommodation procedure, it must
describe and analyze the findings and approval
procedure.

Section 3.516: Constraints on Persons with
Disabilities includes the discussion and analysis
of constraints on housing for persons with
disabilities. This section identifies the Town’s
reasonable accommodation process. It also
indicates an intent to modify language within
Municipal Code Chapter 17.17 to remove any
potential discretionary review from the Planning
Commission for such requires and to specify all
such requests shall be approved administratively
by the Town Planner.

Section 3.822: Disabled and Developmentally
Delayed Persons includes a reference to the
Town’s municipal code process for reasonable
accommodation; however, it does not indicate
any intent to modify the approval process.

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 low- density
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.

Approval Time and
Requests for Lesser
Densities
(Pgs. 93-95)
Expand Section 3.515: Processing and Permit
Procedures to identify any requests to develop
housing below the density allowed on PFS sites.

It should also be noted that the other zoning
districts only permit single-family zoning and
therefore lower density requests are not
applicable. However, the Town can provide
The element was not revised to address this
finding, please see HCD’s prior review for
additional information.

Section 3.515: Processing and Permit Procedures
includes the discussion and analysis of
constraints on housing development incurred
from permit processing. This section indicates
that staff routinely provides first round plan
review comments within 10-working days and
follow-up comments within 5-working days.

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.

Page 157 of 178 ends

Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
information on the number of residential lot
merger applications or inquiries, as a merger
would result in less density and present a
constraint through the need to subdivide the
merged lots to regain the density loss.

Additionally, provide the length of time between
receiving approval for a housing development
and submittal of an application for building
permits. If a planning entitlement and building
permit can be submitted at the same time, that
should be indicated.

The element must address any hinderance on
the construction of a locality’s share of the
regional housing need.

Special Needs
(Pg. 11)
Expand Section 3.211 to include a complete
analysis of each special housing needs group.

Specify the number of persons experiencing
homelessness in the Town.

While the element was revised to add some data
on the Town’s special needs populations, it must
include 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
persons experiencing homelessness in the Town.

Section 3.211: Summary of Key Facts includes a
discussion of Special Housing Needs that
identifies individuals with disabilities, seniors,
large households, and female-headed families, as
populations with special housing needs in the
Town.

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.

Program 3.814
(Adoption of an
Inclusionary Zoning
Ordinance)
(Pgs. 125-128 and
131)
Analyze potential constraints related to this
program and include in the discussion of Section

3.510 Governmental Constraints Analysis and
Section 3.814: Adoption of an Inclusionary
Zoning Ordinance.

Discuss the parameters of Section 3.812: New
Construction of Affordable Accessory Dwelling
Units with HCD to confirm it achieves the
analysis and outreach efforts in the comment
letter.

While the program commits to create an
inclusionary ordinance, it should also commit to
ensure the requirement is not a constraint.

In addition, the program should be revised to
analyze the ADU and Junior ADU (JADU)
requirements and make adjustments as
appropriate. Lastly, the program should include
proactive outreach.

Section 3.814: Adoption of an Inclusionary
Zoning Ordinance indicates that the fee will
provide an option to provide affordable deed
restricted ADU or JADU on-site in-lieu of paying
the fee.

The element should include additional
information on the inclusionary fee and include a
specific date of implementation.

Program 3.815
(Conservation and
Expand Section 3.815: Conservation and
Rehabilitation of Existing Units to clarify if the
Town will offer related incentives and if/how the
The program should clarify whether the Town
will provide incentives and commit to proactive
outreach.

Section 3.815: Conservation and Rehabilitation
of Existing Units asserts the Town’s commitment
The program should specify what actions will be
taken and clarify how the Town will assist

Page 158 of 178 ends

property owners.

Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
Rehabilitation of
Existing Units)
(Pgs. 131-132)
Town will provide proactive outreach to property
owners to expand awareness of the program.
to assisting property owners in the rehabilitation
process.

Program 3.823
(Equal Housing
Opportunity)
(Pgs. 134-135)
Modify Section 3.823: Equal Housing
Opportunity timeframes to assert specific dates.

E.g. Ongoing, January 2027, or June 2024.

The program should be revised to include a
specific implementation date as well as how the
program will be structured and provide
measurable outcomes.

Section 3.823: Equal Housing Opportunity
identifies seven actions to achieve equal housing
opportunity goals. Timeframes are listed for each
action item. E.g. “ongoing,” “within three years
of Housing Element certification,” or “within six
months of Housing Element certification.”
The program should include implementation
timing for each action listed as well as how often
outreach will occur during the planning period.

Program 3.824
(Emergency
Shelters,
Transitional and
Supportive
Housing)
(Pgs. 80, 135 and
141)
Reconcile the discrepancies between Section

3.824: Emergency Shelters, Transitional and
Supportive Housing, Section 3.430: Identification
of Adequate Sites for Emergency Shelters, and
Section 3.853: Emergency Shelters.

The program must include clear actions for
implementation as well as specific timing.

Section 3.824: Emergency Shelters, Transitional
and Supportive Housing indicates that the Town
will continue to support the possibility of
Emergency Shelters, Transitional Housing, and
Supportive Housing. This section also identifies
emergency shelters as a permitted use on the
Town Civic Center Property. The Town commits
to this program on an ongoing basis.

However, the information above conflicts with
other references to Emergency Shelters in the
Housing Element:

Section 3.430: Identification of Adequate Sites
for Emergency Shelters describes the Town’s
actions to allow for emergency shelters as a
principally permitted use in the PFS (Public
Facilities and Schools) Zoning District.

The programs must include clear actions for
implementation as well as specific timing.

Program 3.841
(Shared Housing)
(Pg. 137)
Revise Section 3.841: Shared Housing to identify
proactive outreach approaches in coordination
with HIP, identifying how the Town may directly
support this effort.

The program should include proactive outreach
and describe how the Town will provide support.

This program is important to promote housing
choice and opportunity in highest resource
areas.

Section 3.841: Shared Housing indicates the
Town’s continued support for the Human
Investment Program (HIP), a non-profit
organization that matches people needing
housing and people owning a home who desire
additional income and/or companionship. The
Town will make information about the Home
Sharing program available at Town Hall and will
publicize the effort on the Town’s website. The
Town will also mail information on the program
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.

Page 159 of 178 ends

Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
to all property owners in Town. Community
outreach will be done by December 31, 2023 and
annually thereafter.

Program 3.813
(Multifamily
Housing
Development on
School and Other
Properties)
(Pgs. 128-131)
Revisit discussion of multifamily zoning
throughout the entirety of the Housing Element
as there appears to be internal conflicts with the
described permitting process and need for
further rezoning.

If rezoning is necessary, revise the timeframe for
Section 3.813: Multifamily Housing Development
on School and Other Properties to meet
Government Code section 65583.2.

This program should be revised to include
specific incentives for implementation.

In addition, since rezoning was not completed
prior to the start of the planning period (January
31, 2023), any rezoning necessary to
accommodate the lower-income RHNA must
address all by right requirements pursuant to
Government Code section 65583.2, subdivisions
(h) and (i).

Section 3.813: Multifamily Housing Development
on School Properties identifies eight school sites
with potential for housing development and
within the PFS Zoning District.

The PFS Zoning District allows multifamily
residential uses that could accommodate
housing for very low- and low-income
households associated with primary
nonresidential use of property on the same site.

This section also identifies the potential to
rezone adjacent sites to the schools from singlefamily to PFS.

This program should be revised to include
specific incentives for implementation and clarify
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
(Pg. 119)
To ensure that the Housing Element will
accommodate the RHNA target, with buffer, Staff
recommends the following:
- Evaluate the trends supporting the
availability of ADUs at lower-income
levels
- Complete and update the analysis of SB 9
Lot Splits
- Continue to explore alternative
multifamily housing opportunity sites
through Council discussions
The element does not identify adequate sites to
accommodate the regional housing need for
lower-income households and; therefore, 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.

Table HE-12: Summary of Projected Dwelling
Units in Section 3.810: New Construction,
Conservation and Rehabilitation identifies the
total unit yield by income level of the Town’s
Housing Element. This table achieves the RHNA
amount of units, with the recommended buffer
through the following programs:
- Accessory Dwelling Units
- SB 9 Lot Splits
- Vacant Site development
- RM 10 Multifamily Zoning (23 Oakwood)
- PFS Multifamily Zoning (Private Schools)
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.

Replacement
Housing
Requirements
(Pgs. 140-141)
Modify Section 3.851: Replacement Housing
Requirements to include a specific
implementation date.

While the element was revised to include
Program 3.851, it must include a specific
implementation date.

Section 3.851: Replacement Housing
Requirements indicates that the Town will
require replacement housing for lower-income
units with the same requirements as set forth in
Government Code Section 65915, subdivision (c),
paragraph (3). The timeframe for this action is
listed as ongoing.

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).

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Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
Programming for
ELI and Special
Needs Households
(Pgs. 132-133)
Complete the requested review of the 5th Cycle
Housing Element program performance and the
needs assessment of ELI and special housing
needs populations, as indicated previously in this
table. Recommend programs based on this
analysis. Additionally, review all current
programs to ensure those that facilitate housing
for special population groups are indicated
appropriately.

The element must include a program(s) with
specific actions and timelines to assist in the
development of housing for ELI 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 ELI 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, femaleheaded households). While the element includes programs to assist seniors and persons with
disabilities, it must include programs for all
special needs 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.

Section 3.821: Seniors and Section 3.822:

Disabled and Developmentally Delayed Persons
include actions intended to address special
housing needs.

However, there are no programs identified in the
Housing Element specific to ELI households and
other groups identified as special populations.

The element must include a program(s) with
specific actions and timelines to assist in the
development of housing for extremely lowincome 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, femaleheaded 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.

Governmental and
Nongovernmental
Constraints
(Pgs. 82-99)
Modify Section 3.500 Constraints on Housing as
discussed in this table.

Confirm with HCD that no other specific items
were meant to be included in the comment, as
the sentence drops off.

As noted in Findings B5 and B6, the element
requires a complete analysis of potential
governmental and nongovernmental 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.

Section 3.500 Constraints on Housing identifies
and analyzes various governmental and
nongovernmental constraints. Some of these
topics, as described in this table require further
refinement.

As noted in Findings B5 and B6, the element
requires a complete analysis of potential
governmental and nongovernmental 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: (nothing follows in the letter).

Program 3.850:

Group Housing
(Pg. 140)
Modify Section 3.850: Group Homes for Persons
with Disabilities to expand the program to other
types of households/residents.

While the element was revised to allow group
homes for seven or more residents in areas
allowing residential uses, the program is limited
to persons with disabilities. The program must be
revised to allow all group homes for seven or
Section 3.850: Group Homes for Persons with
Disabilities indicates the Town’s intent to revise
the zoning code to allow group homes for seven
or more residents, specifically for people with
disabilities, as a permitted use in any district
N/A

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Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
more residents as well as commit to objectivity
with approval certainty.
where residential uses are permitted. This
modification to the zoning code would occur one
year from Housing Element certification.

AFFH Complete the required analysis and identify
programs that may be added or revised to
address any identified issues.

As noted in Finding B1, the element must include
a complete analysis of AFFH. The element must
be revised to add goals and actions based on the
outcomes of a complete analysis. Goals and
actions must specifically respond to the analysis
and to the 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, milestones,
geographic targeting and metrics or numeric
objectives and, as appropriate, must address
housing mobility enhancement, new housing
choices and affordability throughout the Town.

As part of implementation, HCD encourages the
Town to aggressively pursue numeric targets and
geographic targets throughout the Town,
including lower density neighborhoods.

In addition, the Town must report on progress in
implementation and should annually evaluate
the effectiveness of programs in promoting
inclusion throughout the Town.

Based on this evaluation, the Town should
consider appropriate and additional actions (e.g.,
missing middle housing types and targeted
funding or other strategies to encourage
Section 3.330: Atherton Fair Housing Assessment
provides an analysis of fair housing in Atherton.

As previously identified in this table, certain
elements of the AFFH assessment need further
analysis to achieve certification of the Housing
Element by HCD.

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

Page 162 of 178 ends

Topic
(Pg. in Housing
Element)
Approach to HCD Response
(Goal to Certify Housing Element)
HCD Letter 4.4.23
(Response to Adopted Housing Element)
Adopted Housing Element
(Response to HCD)
HCD Letter 10.31.22
(Only Outstanding Items)
affordability) to further promote housing choices
and affordability in all areas of the Town,
including lower-density neighborhoods.

Program 3.812
(New Construction
of Affordable
ADUs)
(Pgs. 125-128)
Consolidate and clarify the actions in place to
ensure ADUs will be provided at lower income
levels.

While the element was revised to include timing
of each action, it is unclear how affordability will
be established. The program should be revised to
clarify actions to establish and track affordability
Section 3.812: New Construction of Affordable
ADUs identifies the Town’s approach to incenting
and promoting the development of ADUs.

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
Quantified
Objectives
(Pgs. 118-141)
Modify the measurable outcomes for programs
as requested by HCD. Including income groups,
as relevant and providing quantified objectives
for rehabilitation and conservation for all income
categories.

The element must include quantified objectives
to establish an estimate of housing units by
income category that can be constructed,
rehabilitated, and conserved over the planning
period.

While the element includes these objectives by
income group for moderate- and abovemoderate income, the element must also include objectives for extremely low-, very low-, and lowincome households.

In addition, the element should include
quantified objectives for rehabilitation and
conservation for all income categories.

Section 3.800: Housing Programs includes the list
of all housing programs within the Housing
Element.

Each program, as relevant, includes a quantified
objective. E.g. realize development of 280 new
housing units, or 1-2 home share matches each
year.

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.

Public Participation
(Pgs. 142-145)
Pursuant to comments from HCD, include a
discussion of how public comments relating to
feasibility, fair housing, and geographic equity
were considered and incorporated into the
element.

Additionally, update Section 3.900 to expand on
any ongoing public discussion related to the
Housing Element and its programs during this
revision period.

While the element includes a summary of public
participation, the element should describe how
public comments relating to feasibility, fair
housing, and geographic equity were considered
and incorporated into the element.

Section 3.900: Efforts to Achieve Community
Engagement summarize the outreach efforts
behind the completion of the Housing Element.

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.

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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
April 4, 2023
George Rodericks, Town Manager
Town of Atherton
80 Fair Oaks Lane
Atherton, CA, 94027
Dear George Rodericks:

RE: Town of Atherton’s 6th Cycle (2023-2031) Adopted Housing Element Thank you for submitting the Town of Atherton’s (Town) housing element adopted January 31, 2023 and received for review on February 3, 2023. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Kevin Burke, Housing Action Coalition, and Housing Leadership Council of San Mateo County pursuant to Government Code section 65585, subdivision (c).

The adopted housing element addresses many statutory requirements described in HCD’s October 31, 2022 review; however, additional revisions are necessary to substantially comply with State Housing Element Law (Article 10.6 of the Gov. Code), see enclosed Appendix. The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

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 shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). 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 these rezones are completed.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. During the housing element revision process, the Town must continue to engage the community, including organizations that

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George Rodericks, Town Manager

Page 2 ends

represent lower-income and special needs households, by making information regularly available while 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.

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.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD is 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

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Town of Atherton’s 6th Cycle Adopted Housing Element Page 1 April 4, 2023

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/planning-and-community-development/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/planning-and-community-development/housing-elements/buildingblocks and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
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). While the element was revised to add information on Accessory Dwelling Units (ADUs) and a summary of needs for special needs groups, it did not analyze the cumulative effectiveness of goals, policies, and programs on special needs populations.

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: The element must still describe the Town’s process to refer fair housing complaints.

Integration and Segregation: The element should analyze concentrations of race and familial status geographically within the Town as well as analyze the differences between the town and the surrounding region. In addition, the element must provide a regional analysis on disability as well as analyze concentrations of higher incomes within the Town compared to broader surrounding areas.

Affirmatively Furthering Fair Housing (AFFH) and Sites Inventory: The element was not revised to address this finding. Please see HCD’s prior review for additional information.

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Town of Atherton’s 6th Cycle Adopted Housing Element Page 2 April 4, 2023
Local Data and Knowledge and Other Relevant Factors: 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. This analysis should complement state and federal data to better understand the patterns of socio-economic concentrations and formulate appropriate policies and programs. For example, the analysis should address the history of zoning and land use and impacts on fair housing issues. Please see HCD’s prior review for additional information.

Contributing Factors to Fair Housing Issues: Based on the outcomes of a complete analysis, The element must re-assess and prioritize contributing factors to fair housing issues and formulate appropriate policies and programs.

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: While the element was revised to quantify the total number of existing ELI households, it must still analyze their housing needs such as examining tenure (i.e., renter and owner). Please see HCD’s prior review for additional information.

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: While the element was revised to quantify the total number of households overpaying by tenure, it must quantify and analyze the number of lowerincome households overpaying by tenure (i.e., renter and owner).

Housing Cost: This element did not address this finding, please see HCD’s prior review for additional information.

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: The element was not revised to address this finding. Please see HCD’s prior review for additional information.

Realistic Capacity: While the element states the number of units assumed to develop on each site, it must describe 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

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Town of Atherton’s 6th Cycle Adopted Housing Element Page 3 April 4, 2023
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.

Zoning for Lower-Income Households: While some school sites were revised to state they will be rezoned to allow 20 dwelling units per acre, it is also assumed affordable units will be developed on a site that will be rezoned for up to 10 dwelling units per acre.

The element must demonstrate zoning appropriate to accommodate housing for lowerincome 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.

Suitability of Nonvacant Sites: While the element was revised to remove the CalWater site, the element must still demonstrate the potential for redevelopment on nonvacant sites listed in the inventory. The element must include an analysis demonstrating the potential for additional development on nonvacant sites. Specifically on the school sites and the 23 Oakwood 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 additional residential development. For example, the element includes sites identified as a private college, a school site, and existing single-family homes, 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.

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Town of Atherton’s 6th Cycle Adopted Housing Element Page 4 April 4, 2023
SB 9 Sites: The element identifies SB 9 as a strategy to accommodate the part of the Town’s Regional Housing Needs Allocation (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 element must also clarify whether the SB 9 sites listed in Table HE-13 are included in the projections for the planning period. If they are included as part of the sites inventory, it must describe the status of the projects beyond pending or project approval to demonstrate feasibility during the planning period. 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.

Publicly Owned Sites: The element was not revised to address this finding. Please see HCD’s prior review for additional information.

Accessory Dwelling Units (ADU): While the element was revised to add a program to monitor ADU development in Section 3.845, it must commit to timing earlier in the planning period for additional incentives or sites to accommodate RHNA will be identified (i.e., within six months of monitoring). In addition, the ADU trends must still be reconciled with HCD records and projections should be rescaled based on recent trends. Please see HCD’s prior review for additional information.

Infrastructure: While the element was revised to provide additional information on water capacity, it must demonstrate sufficient sewer capacity beyond stating analysis is on a case-by-case basis or add programs to address the constraint. In addition, the element must analyze sufficient existing or planned dry utilities supply capacity.

Zoning for a Variety of Housing Types:
• Emergency Shelters: While the element was revised to add program 3.853, it must discuss available sites, acreage, including typical parcel sizes and the presence of reuse opportunities, and any conditions inappropriate for human habitability.

Please be aware Chapter 654, Statues of 2022 (AB 2339), adds specificity on how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. Future submittals of the housing element may need to address these statutory requirements. For additional information and timing requirements, please see HCD’s memo at https://www.hcd.ca.gov/sites/default/files/docs/planning-andcommunity/ab2339-notice.pdf.

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Town of Atherton’s 6th Cycle Adopted Housing Element Page 5 April 4, 2023
• Multifamily Housing: While the element includes a program to create a new zone to allow ten dwelling units per acre, HCD understands that the zone only applies to one site and is limited to accommodating fewer units than the RHNA. The element should consider applying the new zone to additional areas to better promote a variety of housing types, specifically multifamily and supportive housing. In addition, the PFS zone requires a conditional use permit (CUP) and a 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, cost, feasibility and approval certainty. The analysis should identify findings of approval for the CUP and their potential impact on development approval certainty, timing, feasibility and cost.

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 subdivisi©(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: While the element was revised to state four stories will be allowed in the PFS zone, the element did not address HCD’s findings on 34-foot height restrictions, setbacks, and lot coverage, as well as parking. Please see HCD’s prior review for additional information.

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.

Local Processing and Permit Procedures: While the element was revised to state design review is not required, the analysis must evaluate the processing and permit procedures’ impacts as potential constraints on housing supply and affordability. For example, 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 was not revised to address this finding, please see HCD’s prior review for additional information.

Streamlining Provisions: The element was not revised to address this finding, please see HCD’s prior review for additional information.

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Constraints on Housing for Persons with Disabilities: While the element states that the Town has a reasonable accommodation procedure, it must describe and analyze the findings and approval procedure.

6. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …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).)
Approval Time and Requests for Lesser Densities: The element was not revised to address this finding, please see HCD’s prior review for additional information.

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 was revised to add some data on the Town’s special needs populations, it must include 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 persons experiencing homelessness in the Town.

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 address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the Town’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. For example, programs should include timelines by a specified date instead of benchmarking to uncertain dates such as housing element compliance.

Programs to be revised include the following:
• Program 3.814 (Adoption of an Inclusionary Zoning Ordinance): While the program commits to create an inclusionary ordinance, it should also commit to ensure the requirement is not a constraint. In addition, the program should be

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revised to analyze the ADU and Junior ADU (JADU) requirements and make adjustments as appropriate. Lastly, the program should include proactive outreach.
• Program 3.815 (Conservation and Rehabilitation of Existing Units): The program should clarify whether the Town will provide incentives and commit to proactive outreach.
• Program 3.823 (Equal Housing Opportunity): The program should be revised to include a specific implementation date as well as how the program will be structured and provide measurable outcomes.
• Program 3.824 (Emergency Shelters, Transitional and Supportive Housing): The program must include clear actions for implementation as well as specific timing. • Program 3.841 (Shared Housing): The program should include proactive outreach and describe how the Town will provide support. This program is important to promote housing choice and opportunity in highest resource areas.

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. In addition, since rezoning was not completed prior to the start of the planning period (January 31, 2023), any rezoning necessary to accommodate the lower-income RHNA must address all by right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i).

Shortfall of Adequate Sites: The element does not identify adequate sites to accommodate the regional housing need for lower-income households and; therefore, 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

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by-right for developments in which 20 percent or more of the units are affordable to lower-income households.

Replacement Housing Requirements: While the element was revised to include Program 3.851, it must include a specific implementation date.

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 ELI 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 ELI 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). While the element includes programs to assist seniors and persons with disabilities, it must include programs for all special needs 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 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 nongovernmental 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:

Program 3.850: While the element was revised to allow group homes for seven or more residents in areas allowing residential uses, the program is limited to persons with disabilities. The program must be revised to allow all group homes for seven or more residents as well as commit to objectivity with approval certainty.

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).)

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As noted in Finding B1, the element must include a complete analysis of AFFH. The element must be revised to add goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the 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, milestones, geographic targeting and metrics or numeric objectives and, as appropriate, must address housing mobility enhancement, new housing choices and affordability throughout the Town.

Finally, among other factors, the Town is entirely the highest resource category in access to opportunity, wholly a concentrated area of affluence and predominantly consists of households with the highest median income, a stark contrast to the rest of the region. These conditions and circumstances warrant significant and robust actions (not limited to the RHNA) to promote housing mobility and increasing housing choices and affordability throughout and beyond the Town, including in lower-density neighborhoods. As part of implementation, HCD encourages the Town to aggressively pursue numeric targets and geographic targets throughout the Town, including lowerdensity neighborhoods. In addition, the Town must report on progress in implementation and should annually evaluate the effectiveness of programs in promoting inclusion throughout the Town. Based on this evaluation, the Town should consider appropriate and additional actions (e.g., missing middle housing types and targeted funding or other strategies to encourage affordability) to further promote housing choices and affordability in all areas of the Town, including lower-density neighborhoods.

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): While the element was revised to include timing of each action, it is unclear how affordability will be established. The program should be revised to clarify actions to establish and track affordability.

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 must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element includes these objectives by income group for moderate- and above-moderate income, the element must also include objectives for extremely low-, very low-, and low-income households. In addition, the element should include quantified objectives for rehabilitation and conservation for all income categories.

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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 summary of public participation, the element should describe how public comments relating to feasibility, fair housing, and geographic equity were considered and incorporated into the element.

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Atherton Housing Element Project Milestone Schedule
May 2023
• Week 1
o Schedule meeting with HCD to review April 2023 comment letter • Week 2
o Commence discussion of Objective Design Standards (ODS) with Staff o Commence Housing Element (HE) revisions
o Start Tribal Consolation and Traffic Counts for CEQA review • Week 3
o Commence background research for ODS
o May 17, 2023 City Council Hearing on HCD Letter & Timeline • Week 4
o Sites Discussion and Outreach Meeting #1
o Public Facilities and Schools (PFS) sites mapping and design o Oakwood mapping and design
o Schedule follow-up meeting with HCD for further HE clarification, if needed o Provide updated schedule with specific dates for remaining 2023 efforts June 2023
• Week 2
o Sites Discussion and Outreach Meeting #2
July 2023
• Week 3
o July 19, 2023 – City Council to complete Project Description for CEQA, by selecting any additional sites
o Send site housing numbers to CEQA Subconsultant for Traffic, Noise, and Air Quality studies • Week 4
o Report on ODS Design Issues
o Zoning and Objective Design Standards Outreach
August 2023
• Week 2
o Continue Outreach on ODS and Zoning
• Week 4
o CEQA Subconsultant reports due for review
September 2023
• Week 1
o Circulate the Initial Study and CEQA review
• Week 2
o Admin Draft Zoning modifications and ODS shared with Town staff

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October 2023
• Week 1
o Public review of Draft ODS
• Week 4
o Oct 25, 2023 Planning Commission to consider revised Housing Element o Special Planning Commission Meeting #1 on zoning modifications and ODS November 2023
• Week 1
o Special Planning Commission Meeting #2 on zoning modifications and ODS o Nov 15, 2023 City Council to consider revised Housing Element • Week 3
o Special City Council Meeting #1 on zoning modifications and ODS December 2023
• Week 3
o December 20, 2023 City Council Meeting #2 on zoning modifications ODS

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Atherton City CouncilMay 17, 2023

Atherton City Council
May 17, 2023