Item No. 7
Town of Atherton
CITY COUNCIL STAFF REPORT – PUBLIC HEARING
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: BRITTANY BENDIX, TOWN PLANNER
DATE: JANUARY 17, 2024
SUBJECT: FIRST READING OF AN ORDINANCE TO REPEAL AND
REPLACE ATHERTON MUNICIPAL CODE CHAPTER 17.52
“ACCESSORY DWELLING UNITS,” AND TO AMEND CHAPTER
17.36 “PUBLIC FACILITIES AND SCHOOLS DISTRICT (PFS)”
AND CHAPTER 17.60 “DEFINITIONS.”
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing to review the first reading of the ordinance that repeals and replaces Chapter 17.52 “Accessory Dwelling Units” and amends Chapter 17.36 “Public Facilities and Schools District (PFS)” and Chapter 17.60 “Definitions.”
BACKGROUND
The City Council introduced and discussed updates to the Town’s Accessory Dwelling Unit (ADU) ordinance at its meeting on November 15, 2023. Because many of the proposed updates are required by state law, discussion among Councilmembers focused on the following topic areas where local jurisdictions have ability to influence ADU development:
1. Bonus ADU Program
2. ADUs Above Detached Garages
3. Heritage Tree Standards
Additionally, Councilmember DeGolia raised specific text modifications intended to provide greater transparency.
Each topic area is discussed further in the analysis section of this report and includes a response from staff and any recommended changes to the draft ordinance as introduced at the November 15, 2023, City Council meeting. A link to the staff report and attachments for the November 15, 2023, City Council meeting is available at Attachment 1.
ADU Ordinance
JANUARY 17, 2024
ANALYSIS
The following analysis addresses the topics identified above. The draft ordinance, with red-lined text that shows changes from existing language in the Atherton Municipal Code (AMC) is included as Attachment 2, a clean copy of the draft ordinance is included as Attachment 3.
1. Bonus ADU Program. The Council discussed the establishment of a Bonus ADU program to incentivize the development and documentation of ADUs that are available to lower income households. A consensus on this topic has not been reached.
One Councilmember in support of the program noted that the development of a bonus ADU would be voluntary and would provide documentation to the State that the Town provides lower income housing through its ADU program. Another Councilmember noted their opposition to the program because the total number of dwelling units on a property, regardless of lot size, approaches similar densities under consideration for multifamily housing.
Staff has not included any modifications to section 17.52.040(B)(3) of the draft ordinance, which states:
On lots that allow single-family dwellings and are a minimum of two (2) acres, the property owner may have up to two (2) detached ADUs provided that one of the two units is deed restricted as low-income for a period of 15 years or more.
2. ADUs Above Detached Garages. The Council discussed allowance for ADUs located above detached garages to encourage development that complies with the Town’s existing setback standards. Councilmembers conveyed consensus on allowing this type of development and directed staff to craft privacy screening standards that would address protections for existing mature landscaping and to specify the height, location, and extent of required fencing for ADUs that are within the Town’s required setbacks.
At the November 15, 2023, City Council meeting, the draft ordinance included the following language for required fencing in Section J(3):
A solid 8-foot-high fence shall be provided along the entire front, side, or rear property line adjacent to where the ADU is located. Fences shall be at the property line.
Based on feedback from the City Council and review of the Town’s existing landscaping policies in the Atherton Municipal Code (AMC), staff recommends replacing the language cited above with the proposed language provide below. This language references AMC Chapter 17.50 which identifies landscaping requirements, including ongoing maintenance, for similar scales of development. This approach will protect and maintain any landscaping that was previously required by the Town.
New ADUs constructed within 10-feet of the subject property’s side (interior) or rear property lines, or are constructed above a detached accessory garage, must provide an 8-foot-high fence for screening. The required fence shall extend along the entire side or rear property line adjacent to the new ADU. If the property line is already adequately screened with landscaping installed subject to Atherton Municipal Code Chapter 17.50, then no new fencing is required.
ADU Ordinance
JANUARY 17, 2024
3. Heritage Tree Standards. The Council considered the establishment of streamlined review for ADUs subject to the Heritage Tree Ordinance (HTO), which also serves to encourage development that complies with the Town’s existing setback standards. The Council indicated support for the recommended policy changes. Additionally, the Council directed staff to craft a policy to address situations where a smaller ADU, exempt from the HTO, could remove a protected tree and then seek an expansion in the future, when such tree removal would have been subject to the HTO.
In response to concerns regarding an expansion to an existing ADU that was not previously subject to the HTO, staff recommends adding the following language to Section I of the draft ordinance:
Expansion to Existing ADUs. If an existing ADU was previously exempt from the Heritage Tree Ordinance due to its square footage and therefore, resulted in the removal of a heritage tree; then any expansion to the subject ADU must provide a replacement planting consistent with AMC Chapter 8.10.
4. Other Topics. The following are additional topics raised by Councilmember DeGolia:
a. A definition for “High Quality Transit Corridor,” which is defined by state law, should be included for clarity.
Staff has added the definitions for both “High Quality Transit Corridor” and “Major Transit Stop” to Section 17.52.030 “Definitions” of the draft ordinance:
“High-quality transit corridor” pursuant to Section 21155 of the Public Resources Code means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. A project shall be considered to be within one-half mile of a major transit stop or high-quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor. “Major Transit Stop” pursuant to Sections 21064.3 and 21155 of the Public Resources Code, means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute period, or major transit stops that are included in the applicable regional transportation plan. A project shall be considered to be within one-half mile of a major transit stop if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor. b. Section I of the draft ordinance should include a clause that indicates that ADUs less than 800 square feet are only exempt from the Heritage Tree Ordinance, if applicable by state law.
Staff has changed the underlined language in Section I(1) as follows:
Pursuant to California Government Code Section 65852.2(a), ADUs up to 800 square feet and JADUs up to 500 square feet are exempt from the Heritage Tree Ordinance. However, if state law changes and enables the application of the Heritage Tree Ordinance to ADUs that are 800 square feet or less and JADUs that are 500 square feet or less, this exemption will cease immediately. In all other cases, the Heritage Tree Ordinance applies. The main residence and all other accessory ADU Ordinance
JANUARY 17, 2024
buildings/structures are subject to the Heritage Tree Ordinance.
FINDINGS:
The proposed zoning text amendments are consistent with the General Plan goals, policies, and implementation programs. The proposed Zoning Ordinance amendments allow the Town to be compliant with recent changes in state law related to the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Amendments proposed address the following General Plan Goal, Objectives, and Policy:
Housing Element Goal 3.720
Use Accessory Dwelling Units to meet a substantial portion of the Town’s moderate to very lowincome housing need.
Housing Element Objective 3.721
A. Realize the construction of 280 new accessory dwelling units planned for occupancy by moderate to extremely low-income households in Atherton from 2023-2031.
Housing Element Policy 3.722
A. Actively promote the Accessory Dwelling Unit provision of the Atherton Zoning Ordinance by encouraging homeowners and developers to include attached or detached Accessory Dwelling Units in existing or new homes.
B. Comprehensively update the Town’s Accessory Dwelling Unit (ADU) Ordinance to amend any identified zoning development standards which may unduly constrain development of ADUs.
Housing Element Policy 3.762
B. The Town shall continue to encourage the production and availability of more affordable housing through the development of new accessory dwelling units, and private and public-school faculty and student housing.
CONCLUSION:
To respond to the current state housing crisis, the state passed a series of bills designed to encourage the production of both ADUs and JADUs. Cities are expected to update their local ordinances to comply with the state legislation. If the Town fails to conform its local ordinance, applicants would be permitted to develop under the state legislation. Since the Town currently has several ADU applications pending, adopting the local updates will allow the Town to process applications with more clarity and compliance. The attached ordinance is drafted to comply with the minimum, more permissive state regulations. Additionally, adoption of amendments to the ADU Ordinance to incorporate the more permissive state requirements, may further promote the development of ADUs in Town, which may in turn assist the Town fulfilling its Regional Housing Needs Allocations (RHNA) requirements for the adopted 6th Cycle Housing Element.
ADU Ordinance
JANUARY 17, 2024
FISCAL IMPACT
The cost associated with the preparation of the draft Ordinance amendments are included within the annual Planning Department budget. The cost to implement the Ordinance will be paid for the applicants of related development projects.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area A – Maintain Fiscal Responsibility
POLICY FOCUS
The project is Categorically Exemption per Section 15305 of the CEQA Guidelines. Section 15305 relates to Minor Alterations in Land Use Limitations, as the ordinance amendments would not result in any changes to land use or density.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
1. City Council November 15, 2023, Staff Report (Link)
2. Draft ADU Ordinance (Changes shown in red)
3. Draft ADU Ordinance (Tracked changes)