Item No. 1
Town of Atherton
CITY COUNCIL (WITH THE PLANNING COMMISSION)
STUDY SESSION STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: BRITTANY BENDIX, TOWN PLANNER
DATE: NOVEMBER 27, 2023
SUBJECT: CONTINUATION OF STUDY SESSION TO DISCUSS TOPIC AREAS FOR
MULTIFAMILY HOUSING OBJECTIVE DESIGN AND DEVELOPMENT
STANDARDS
CEQA: Statutorily Exempt from CEQA under Section 15262, Feasibility and Planning Studies
RECOMMENDATION
Staff recommends that the City Council and Planning Commission continue their discussion and consideration of objective design and development standards for multifamily housing.
BACKGROUND
On November 1, 2023, the City Council and Planning Commission participated in a joint study session to discuss objective design and development standards that could apply to future multifamily housing projects within the Town. The Councilmembers and Commissioners participated in a robust discussion regarding development standards identified in the adopted Housing Element, as well as concerns relating to the state’s Density Bonus law. Due to timing constraints, the study session was continued to November 27, 2023. To facilitate additional discussion on this topic staff has prepared this brief staff report to include additional information related to the state Density Bonus law and provide feedback from a second community workshop on multifamily housing that occurred on November 15, 2023. Please note that the staff report for the November 1, 2023 study session remains the principle source of information on this topic.
ANALYSIS
November 27, 2023, Planning Commission/City Council Staff Report Multifamily Housing Objective Design and Development Standards Study Session 2
Community Workshop No. 2
At a second community workshop held on November 15, 2023, staff provided an overview of the information provided at Community Workshop No. 1. This included descriptions of development standards such as lot coverage, floor area ratio (FAR), height, building mass, and front, rear and side setbacks. The second workshop also advanced the discussion of the ‘large home typology’ and how that building massing and form could conform to the Town’s R1-A development standards. Block studies of the massing were provided at the workshop that demonstrated that development at a density of 10 dwelling units per acre (du/ac) could generally fit within the prescribed building envelope established with the R1-A zoning district; however, FAR could not comply.
The following is a summary of the feedback from the public that attended this workshop:
- Consider providing a reduced front setback to accommodate more gracious setbacks at the side and rear, where the multifamily development is adjacent to existing single-family residences.
- Locate multifamily amenities, such as communal outdoor space and pools, away from adjacent single-family residences. Alternatively, do not allow ancillary amenities. There is a concern that the noise from these types of uses at the intensity of a greater number of people should be addressed.
- Locate parking underground.
- Consider the size and placement of windows to preserve privacy of adjacent neighbors. - Interest in seeing the potential massing established by standards as it may be viewed from adjacent properties.
Staff will combine this feedback with the response received at Community Workshop 1 and the discussion from the joint study session when crafting development standards for further consideration and review.
Density Bonus Law
As noted previously, the November 1, 2023, study session included some focus on the state’s density bonus law. Staff has previously noted the complexity of this law and the nuances of applicability based on a project-by-project basis. However, to provide greater context of how the law could apply to each of the potential or identified multifamily sites, staff has modeled the development potential for each property in Tables 1-3.
The “base density” development potential is identified in Table 1 and indicates the anticipated number of units that would result from multifamily development on each property at a density of 10 du/ac. The table also indicates if the property is within one-half mile from a major transit stop.
Table 1: Multifamily Development Potential on Privately Owned Lots Address Lot Acres No. of Units at 10 du/ac ½ Mile from Transit? 23 Oakwood 1.6 16 Yes
999 Ringwood Ave. 0.90 9
No
352 Bay Rd. 0.92 9
No
318 Bay Rd. 0.94 9
No
296 Bay Rd. 0.93 9
No
175 Ravenswood 1.1 11 Yes
November 27, 2023, Planning Commission/City Council Staff Report Multifamily Housing Objective Design and Development Standards Study Session 2
185 Ravenswood 1.1 11 Yes
197 Ravenswood 1 10 Yes
The Town has identified in its adopted Housing Element that it will pursue an inclusionary housing program that would require a multifamily development to provide 20 percent of the units at income levels that meet specific affordability levels. However, the Town has not yet adopted this program.
Table 2 identifies the number of below market rate housing units that would be required of a program with a 20 percent inclusionary requirement.
Table 2: Multifamily Development with a 20% Inclusionary Program Address Lot Acres No. of Units at 10 du/ac No. of Inclusionary Units 23 Oakwood 1.6 16 3
999 Ringwood Ave. 0.90 9
2 352 Bay Rd. 0.92 9
2 318 Bay Rd. 0.94 9
2 296 Bay Rd. 0.93 9
2 175 Ravenswood 1.1 11 2
185 Ravenswood 1.1 11 2
197 Ravenswood 1 10 2
The state’s density bonus program relies on multiple variables to identify the specific number of units that must be provided to be eligible and to receive a specific number of concessions or incentives for development standards. Table 3, which is included as an attachment, breaks down how different affordability levels (moderate, low or very low) would result in different unit totals for each property. This breakdown identifies the number of bonus units, total number of units (inclusive of the bonus units), a breakdown of number of market rate versus below market rate units in the total, and the number of concessions or incentives applicable. Please note that this information is based on the assumption that the Town’s inclusionary housing program is set to a 20 percent inclusionary requirement and that development does not include a mix of affordability (i.e. 5% very low and 15% low). Additionally, per state law, a percentage of a unit is rounded up to the next whole unit.
Table 3: Total Unit Breakdown for Multifamily Properties in Density Bonus Scenarios (See Attachment 1)
In addition to the discussion of total number of units a property could provide through the state’s density bonus program, the City Council and Planning Commission had questions regarding the incentive and concessions a project could provide. Table 4 summarizes the number of concessions and incentives permitted at various affordability levels.
Table 4: Concessions or Incentives by Affordability
Affordability Level No. of Concessions or
Incentives Very Low Low Moderate*
1 5% 10% 10%
2 10% 17% 20%
3 15% 24% 30%
November 27, 2023, Planning Commission/City Council Staff Report Multifamily Housing Objective Design and Development Standards Study Session 2
4** 80% or more Up to 20%
*Must be for-sale units
**Project must be 100% affordable
Concessions and incentives must be requested by the developer and must facilitate the development of affordable housing. Specific examples of concessions or incentives provided by the state include a reduction in development standards, such as a height limitation, setback requirement or FAR, as well as parking requirements. However, state law also sets forth required parking rations for density bonus projects as outlined in Table 5. If a project needs an exception from these standards the applicant must use one of the project’s available concession or incentive options.
Table 5: Density Bonus Parking Requirements
Number of Bedrooms in
Unit
Parking
Requirement
0-1 1 space
2-3 1.5 spaces
4+ 2.5 spaces
Per state law, if a project includes at least 20 percent low-income units or at least 11 percent verylow income units and is located within 0.5 miles of a major transit stop then only 0.5 parking space is required per unit, regardless of the number of bedrooms. Table 1 identifies which sites are within
0.5 miles of a major transit stop.
NEXT STEPS
Following this continued study session, staff will look at the feasibility of the direction and craft a recommended approach for objective design and development standards. Staff will then determine the next steps for further refinement or adoption, pending the CEQA review for the Housing Element. As required by state law, the Town must adopt standards by January 31, 2024.
FISCAL IMPACT
The overall fiscal impact to the General Fund would be $159,553 to complete Objective Design Standards and $118,553 to complete Zoning Code modifications. Funds are incorporated as part of the Town’s FY 2023-24 Budget
CEQA
This Study Session is statutorily exempt from CEQA under Section 15262, Feasibility and Planning Studies.
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 November 27, 2023, Planning Commission/City Council Staff Report Multifamily Housing Objective Design and Development Standards Study Session 2
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.
CONCLUSION
Staff requests that the City Council along with the Planning Commission discuss policy issues for objective design and development standards and to provide direction to staff.
ATTACHMENTS
1. Table 3: Total Unit Breakdown for Multifamily Properties in Density Bonus Scenarios