Item No. 10
Town of Atherton
CITY COUNCIL STAFF REPORT – PUBLIC HEARINGS
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: BRITTANY BENDIX, TOWN PLANNER
DATE: FEBRUARY 21, 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 meetings on November 15, 2023 and January 17, 2024. The staff reports for these meetings are provided as links at Attachments 1 and 2, respectively. Because many of the proposed updates are required by state law, discussion among Councilmembers has previously focused on the following topic areas where local jurisdictions have the greatest ability to influence ADU development:
1. Bonus ADU Program
2. ADUs Above Detached Garages, Fencing and Screening
3. Heritage Tree Standards
At the meeting on January 17, 2024, the Council directed staff to further refine the proposed ordinance as it relates to the establishment of a Bonus ADU program and requirements for property line fencing or landscaping for certain ADUs. This report summarizes the changes that have been added to the proposed ordinance update since the January 17, 2024 meeting. A draft ordinance, with red-lined text that shows all changes from the existing language in the Atherton Municipal First Reading for ADU Ordinance
February 21, 2024
Code (AMC) is included as Attachment 3; a clean copy of the draft ordinance is included as Attachment 4.
ANALYSIS
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. This program would be voluntary, applicable only to lots that are 2 acres or greater and recorded through a deed-restriction. After discussion, the Council voted to revise the ordinance to create a tiered program that would require rental of a Bonus ADU to either a lowincome household for a period of 15 years, or a very low-income household for a period of 10 years. Additionally, the Council modified the program to require that Bonus ADUs must be rented for a period of 9 months or more. Staff has also included language that requires Bonus ADUs to comply with the Town’s setbacks for accessory structures. While this direction was not expressed in the motion, it was discussed early in the meeting and appeared to have a consensus.
Staff has included these modifications to section 17.52.040(B)(3) of the draft ordinance, which now states:
“On lots that allow single-family dwellings and are a minimum of two (2) acres, the property owner may have a detached “bonus” ADU provided the following conditions are met:
a. The bonus ADU is deed restricted as a housing unit available to a low-income household for a period of 15 years or a very low-income household for a period of 10 years. Income levels shall be consistent with the income limits established by the U.S.
Department of Housing and Urban Development (HUD) and based on the Area Median Income (AMI) for San Mateo County.
b. The bonus ADU must be rented for a period of nine (9) months or longer. c. The bonus detached unit must comply with the setbacks for accessory buildings and structures, in AMC Section 17.40.040(A).”
2. ADUs Above Detached Garages, Fencing and Screening. The Council supports the allowance of ADUs above detached garages; however, the Council provided additional direction related to the fencing and screening of such units, as well as any other ADUs within the Town’s setbacks for accessory buildings and structures. In previous drafts of the proposed ordinance the fencing requirements for both the ADUs above detached garages and ADUs located within the Town’s setbacks were combined. For clarity, staff has separated these standards into Section 17.52.040(J)(3) and (J)(4). As directed, staff has also clarified that the required fencing would apply to all property lines (including the front) and should be both solid and opaque. Additionally, any existing landscaping used to meet this screening requirement should also be 8-feet tall and opaque.
Staff has included these modifications to section 17.52.040(J) of the draft ordinance, which now states:
First Reading for ADU Ordinance
February 21, 2024
“3. New ADUs that are constructed within the setbacks for accessory buildings and structures, as identified in AMC Section 17.40.040(A) must provide an 8-foot-high fence for screening. The required fence shall be solid, opaque, and extend along the entire front, side or rear property line that is adjacent to the reduced setback area. If the property line is already adequately screened with landscaping that is at least 8-feet tall and opaque, then no new fencing is required.
4. New ADUs that are constructed above a detached accessory garage, must provide an 8- foot-high fence for screening. The required fence shall be solid, opaque and extend along the entire front, side or rear property line that is adjacent to the ADU. If the property line is already adequately screened with landscaping that is at least 8-feet tall and opaque, then no new fencing is required.”
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 low-income
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.
First Reading for ADU Ordinance
February 21, 2024
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.
ENVIRONMENTAL CONSIDERATIONS
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.
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.
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. Legal advertisement of this hearing was published in The Almanac newspaper. Notice of this hearing was also mailed to all property owners within the Town. 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.
ATTACHMENTS
1. City Council November 15, 2023 Staff Report (Link)
2. City Council January 17, 2024 Staff Report (Link)
3. Draft ADU Ordinance (Changes shown in red)
4. Draft ADU Ordinance (Tracked changes)