ATTACHMENTS
1. City Council Handbook
2. City Council Rules of Procedure
3. City Council Code of Conduct
4. Resolution 24.XX, Rules Governing Committees
TOWN OF ATHERTON
A HANDBOOK FOR
MEMBERS OF THE CITY COUNCIL
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TABLE OF CONTENTS
1. Introduction 4
2. General Information
2.1 Geography and Demographics 5
2.2 The History of Atherton 5
2.3 The General Plan 6
2.4 The Municipal Code 6
3. The Structure of the Town Government
3.1 The City Council 6
3.2 City Council Meetings 7
3.3 Election of Councilmembers 7
3.4 Subcommittees 7
3.5 Vacancies 8
3.6 Election of Mayor and Vice Mayor 8
3.7 Mayor 8
3.8 Vice Mayor 8
3.9 Presiding Officer 8
3.10 The City Manager 9
3.11 The City Attorney 9
3.12 The City Clerk 9
4. Volunteer Positions
4.1 Commissions and Committees 9
4.2 Qualifications and Appointments to Office 10
4.3 City Council Liaisons 11
5. General Rules of Office
5.1 Code of Ethics and Conduct 11
5.2 Conflict of Interest 11
5.3 Statement of Economic Interest 12
5.4 Relations with Town Staff 12
5.5 Orientation for New Members 13
5.6 Meeting Attendance 13
5.7 Resignation 13
5.8 Compensation 13
5.9 Benefits/Insurance/Immunity 13
5.10 Travel Expenses 13
5.11 Authority of Councilmembers 14
5.12 Use of E-mail 14
5.14 Assignment to Outside Committees, Agencies, and
Organizations and as Committee Liaisons
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6. Operating Procedures
6.1 Ralph M. Brown Act
6.2 Limitations Upon Official Action of the City Council 14
6.3 Tort and Constitutional Rights Liability 15
6.4 Environmental Impact 16
6.12 Resolutions 16
6.13 Ordinances 16
6.14 Effective Date of Ordinances 16
6.15 Publication of Ordinances 16
6.16 Quorum Requirements 16
6.17 Minutes 17
6.18 Agendas and Agenda Packets 17
6.19 Actions Limited to Posted Agenda 17
6.20 Public Comments 18
6.21 Public Hearings 18
6.22 Consent Calendar 18
18 7. Conclusion 19
8. Appendix 19
A – City Council Rules of Procedures
B – Code of Conduct
C- Resolution Governing Committees and Commissions
D- Rosenberg’s Rules of Order
E- City Council Approved Policies
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1. INTRODUCTION
Congratulations on your election to office! You have an exciting and very important job ahead of you. As a City Councilmember you are in a key position of leadership in dealing with the many challenges facing the Town of Atherton. Towns and cities perform many of the functions which are of most immediate concern to citizens. These include essential services public safety, sewer and storm drainage, and capital improvement projects.
As City Councilmember’s, you share an authority which lends you great influence over the determination of the quality of life of your fellow citizens. The community looks to the City Council to help protect it against a host of natural, social and economic challenges; as well as for providing an attractive and healthy place to live. To fulfill these responsibilities, the City Council enacts local laws, sets policies that direct Town programs and establishes budget priorities.
This handbook has been prepared to provide a convenient source of information about the functions and activities of the City Council. It is intended to assist Councilmembers in carrying out their roles, as well as to provide useful information to prospective Councilmembers and other interested citizens.
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2. GENERAL INFORMATION
2.1 Geography and Demographics
Atherton is a small, semi-rural, and residential community, with no commercial or industrial land-use base. Native live oaks, white valley oaks, bays, redwoods, cedars, pines and other ornamental trees cover the six square miles of town.
Atherton’s population is 7,1886,995 according to the 202011 census data. In October July 20242012, there were 4,9515,052 registered voters and approximately 2,52600 householdshousing units. The median age is 468.2 years.
2.2 The History of Atherton
In 1866, Atherton was known as Fair Oaks and was a flag stop on the California Coast for the Southern Pacific rRailroad between San Francisco and San Jose for the transport of locally grown goods and produce; and for the convenience of the owners of large estates living in the area.north of Menlo Park. The entire area was called Menlo Park. It was part of the Rancho de las Pulgas, which is now southern San Mateo County.
In 1923, Menlo Park wanted to incorporate its lands to include Fair Oaks. During a meeting of the representatives of the two communities, the Fair Oaks property owners wanted to maintained maintain their community as a strictly residential area, and they would incorporate independently. Both groups rushed to the County Seat in Redwood CitySacramento, but the Fair Oaks Ccommittee arrived first. It was at that time they realized that they could not keep the name Fair Oaks, as it was already the name of a town near Sacramento. It was decided to honor Faxon Dean Atherton who had been one of the first property owners in the south peninsula and named the Town for him. Atherton was incorporated on September 12, 1923.
Faxon D. Atherton, originally from Massachusetts, had spent several years as a trader in tallow, hides, and merchandise. His friend and business associate, Thomas Lark, had written to him about the opportunities, for family and business, on the San Francisco peninsula. Atherton purchased over 600 acres in 1860 and built his home, . His home, "Valparaiso Park," where the Circus Club is today, was built several years later.
With the development of the railroad, other San Franciscans established summer homes further south. The dirt roads were usually treacherous in the winter, and the families would only visit May through September.
The Mayor of San Francisco, Thomas H. Selby, purchased over 400 acres and called his estate "Almendral." John T. Doyle, an attorney, also built a home off Middlefield Road, "Ringwood." James C. Flood, built his home, owner of “Linden Towers,” in what is is now known as Lindenwood. The Joseph A Donohoe estate was "Holmgrove" and is now the site of MenloAtherton High School. James Thomas Watkins' home was "Fair Oaks" which stands today on Alejandra Avenue, after being moved twice.
Edward E. Eyre was elected reigned as the first Mayor and in 1928, the residents voted to build a Town Hall, which is still in use today. The early residents sought to build a Town that would be divided into large parcels and would not contain businesses. The Faxon Atherton estate was divided in the 1890s and During the 1920s and 1930s, a few of the remaining large estates large
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land holdings were subdivided in the 1920s and 1930s, including James Floods’ estate in 1938.
In the 1940s and 1950s over eighty subdivisions were recorded bringing the era of large estates to a close. Atherton is still a "plain of oaks." Native live oaks, valley white oaks, bays, redwoods, cedars, pines and other ornamental trees cover the six square miles of town. There are approximately 50 miles of roads. Ms. Olive Holbrook-Palmer left Holbrook-Palmer Park, a 22- acre parcel, to the Town in 1958. It is an open, tree-covered park, which offers recreational programs and has facilities for functions.
2.3 The General Plan
The General Plan guides the future development of the Town, describes the desired character and quality of the community, sets forth the goals that govern the Town, and states the policies that the Town government will follow to achieve those goals. The Plan's primary goals are to preserve and enhance Atherton as a scenic, semi-rural residential community, to conserve the natural environment and its open space, to protect people and their property from exposure to hazards, to assure access to utility services, to abate noise, to manage and maintain the Town's system of roads, trails, and paths. A copy of the Plan is on file with the City Clerk and on the Town’s website (http://www.ci.atherton.ca.us), and interested parties are encouraged to peruse it.
2.4 The Municipal Code
The Atherton Municipal Code is the systematized collection of regulatory, penal, and administrative laws of general application. The City Council modifies the Municipal Code by introducing and adopting ordinances in public meetings (see Chapter 1). The Municipal Code serves as the basic law of the Town. The Municipal Code is available for review from the City Clerk and is also on the Town’s website.
3. THE STRUCTURE OF TOWN GOVERNMENT
Atherton is a general law city operating under a council-manager form of government. This provides the Town with policy direction from the City Council and professional administration and policy implementation through the City Manager. Approximately 80% of the towns and cities in California operate under general law, which means they are organized pursuant to state law concerning town government structure contained in the State of California’s Government Code.
The general law system of municipal government provides that the Town has no powers except those it receives under a constitutional or statutory grant of authority. The powers so granted are enumerated in Article XI of the California Constitution, which provides two kinds of powers for general law towns. These kinds of powers are the power to regulate people's actions (known as regulatory power) and the power to provide services for the benefit of the Town's inhabitants (known as commercial power).
3.1 The City Council
The City Council is the legislative body of the Town of Atherton, with all the regulatory and corporate powers provided under California state law. The City Council provides the policy direction that guides the operation of the Town, adopts ordinances and resolutions that constitute the local laws of the Town, and sets the Town's priorities through the adoption of an
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annual budget and the provision of direction to the City Manager. The City Council represents the Town's residents through these actions and through the conveyance of constituent requests and concerns to the Town staff. The City Council also appoints members to its advisory committees and commissions.
3.2 City Council Meetings
All meetings (except closed sessions as provided by State law) of the Council shall be open to the public. The Rregular meetings of the City Council, typically in the Town Center, are held on the third Wednesday of each month at 7:00 p.m. The Council typically holds a Study Session Meeting on the first Wednesday of each month. . The regular meeting place of the City Council is 94 Ashfield Road, Atherton, California. If the regular meeting should fall on a legal holiday, the Council shall meet at a time and date so designated by the Council.
Adjourned Meetings
Any meeting of the City Council may be adjourned to a later date, place, and time provided no adjournment is for a longer period than the next regularly scheduled meeting.
Special Meetings
Special meetings may be called by the Mayor or by a majority of the Councilmembers. The call for a special meeting must specify the day, hour, and place and shall specify the subject(s) to be considered. Twenty-four hours’ notice must be given prior to the meetings. Only matters specified in the notice may be discussed at special meetings. Notice shall be posted as required by law.
Closed Session Meetings
Authorized closed sessions may be held in accordance with the provisions of the Brown Act (Government Code Section 54954.5).
Study Session Meetings
The Council holds Study Sessions meets on an as-needed basis on the first Wednesday of the month at 4:00 p.m. for study sessions. Study Sessions are considered special meetings. The Council may meet in Study Sessions or Special Meetings called by the Mayor or the majority of Councilmembers. Study Sessions and Special Meetings are open to the public and are meetings for purposes of the Brown Act. Although allowed, the Council typically does not take any formal action during Sstudy Ssession meetings. Meeting notice requirements are contained in Section
2.2. Media Attendance
All meetings (except Closed Sessions) of the City Council, Committees and the Planning Commission shall be open to the media and may be recorded on tape, radio, television, and photography, provided such recordings do not interfere with orderly conduct of the meetings.
City Council has established Rules of Procedures for the conduct of Council meetings. These rules are included with the handbook as an Appendix A.
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3.3 Election of Councilmembers
The five members of the City Council are elected at-large to four-year terms. Elections occur in November of even-numbered years, and the terms are staggered so that no more than three City Council seats are up for election at any one time. New City Councilmembers are sworn in at the first regular meeting after election results are available for canvas, which is usually the December meeting.
3.4 Subcommittees
The Mayor may create and appoint members to standing subcommittees of the City Council with the approval of the Council for the purpose of studying specific issues in more detail and reporting back to the Council with data and recommendations, or ad hoc subcommittees for limited specific purposes without Council approval. All standing subcommittees are subject to the provisions of the Brown Act, while ad hoc subcommittees are not. The Mayor shall strive to appoint balanced subcommittees whenever they are created.
Councilmembers that are not on a respective subcommittee may speak with members of the public and other councilmembers in a manner that does not constitute a Brown Act violation.
However, Councilmembers who are not members of the subcommittee shall not negotiate or represent that they are negotiating on behalf of the Town on issues within the subject matter jurisdiction of the subcommittee outside of a public meeting. This provision is not intended to prevent a Councilmember from speaking with other Councilmembers or the general public in manners consistent with the Brown Act.
3.5 Vacancies
Vacancies occasionally occur as a result of death, resignation or the departure of a Councilmember from the Town. When a person has ceased to be a resident of the Town, that person’s office immediately becomes vacant. The City Council must appoint a replacement or call for a special election within sixty days of the occurrence of the vacancy. The special election shall be held on the date of the next regularly established election (provided by State law) or the next regularly established general municipal election to be held throughout the Town. In either case, the special election may not be held less than 114 days from the call of the special election.
3.6 Election of Mayor and Vice Mayor
The Mayor and Vice Mayor are elected from among the Councilmembers by a majority vote of the members of the Council. They serve for a one-year period and at the pleasure of the Council. They may be relieved of their duties by a majority vote of the City Council taken at a duly noticed Council meeting.
3.7 Mayor
The Mayor presides at the City Council meetings and represents the Town as the official head of the Council on public and ceremonial occasions. Other than administrative duties set forth in the Municipal Code, the Mayor and Vice Mayor shall have no additional powers or authority different from other members of the City Council. The principal qualification for the position
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of Mayor is the ability to effectively preside at meetings. This requires tact, courtesy, and familiarity with parliamentary procedures. The responsibility of the Mayor is to direct the discussion and deliberation of the matters at hand. The Mayor should encourage the input of ideas, clarify ideas, and restate motions in order that all members understand the item on which they are voting. It is the Mayor's responsibility to ensure that the Council is operating within the confines of all applicable rules and regulations. Since the Mayor must preside over meetings, he or she must maintain a certain degree of impartiality and be sure to allow all views on an issue to be expressed. However, the Mayor may also participate in debate, expressing his or her own views, and may make or second motions.
When representing the City Council or the Town on Council-decided policy issues, all members of the Council are first and foremost expected to represent the decided policy decision(s) of the City Council without undermining those decisions. Councilmembers are allowed to represent their own perspective; however, this provision is intended to clarify that if a member of the Council is representing the Council or the Town, the policy decision of the City Council is what should be represented irrespective of the member’s personal perspective.
3.8 Vice Mayor
The Vice Mayor acts in the Mayor's absence.
3.9 Presiding Officer
In the absence of both the Mayor and the Vice Mayor, the Councilmembers shall elect a temporary Presiding Officer by majority vote.
3.10 City Manager
The City Manager is appointed by the City Council and is responsible to the City Council as a whole, not to individual Councilmembers. The City Manager serves as the chief executive of the Town, administering its day-to-day affairs. The Manager's responsibilities include enforcement of the Town's laws; preparation and submission of the annual budget to the City Council for approval; hiring, discipline, and dismissal of staff; direction and organization of staff in the execution of Council policies; provision of information and recommendations to the Council; and investigation of complaints concerning the Town's administration. The City Manager attends all meetings of the Council and has the right to take part in all discussions of the Council, but has no vote.
3.11 City Attorney
The City Attorney is appointed by the City Council. The City Attorney acts as legal advisor to the City Council, City Manager, the various Town departments, and all Town commissions, committees, and boards. The City Attorney prepares and approves for legality all proposed Town ordinances, resolutions, contracts and other legal documents. The Attorney may represent also represents the Town in litigation and the prosecution ofes violations of the Municipal Code.
3.12 City Clerk
The City Clerk is appointed by the City Manager. The Clerk serves as the Secretary to the City
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Council at meetings, performs the official recordation of City Council actions, and composes the minutes. The Clerk administers and organizes all municipal elections and coordinates the filing of Political Reform Act conflict of interest statements. The Clerk also manages the Town's records and is responsible for the care and custody of all official records and documents of the Town. Those records include all Town deeds, contracts, leases, ordinances, resolutions, minutes, and the Municipal Code. The Clerk publishes public notices and ordinances as required by law and assists staff and the public in researching information contained in the Town's official records. The Clerk is responsible for ensuring timely responses to Public Records Act requests.
4. VOLUNTEER POSITIONS
The voluntary participation of Atherton's citizens in the operation of the Town government is critical to the City Council's and the Town staff's success in serving the community. The City Council has established several committees and a commission composed mainly of volunteers.
Volunteers to a specific a committee or commission are appointed by the City Council and charged with the responsibilities of gathering, synthesizing, and analyzing the information relevant to their areas of responsibility and providing the City Council and Town staff with advice and recommendations. The Council and staff rely on this advice for the development and execution of Town policies. Citizen involvement is the hallmark of Atherton government, and the Town encourages all residents to participate.
4.1 Committees and the Planning Commission
A resolution governing committees has been adopted by the City Council and is periodically updated. The resolution includes principles and rules of procedures, appointment and funding information, and powers and duties of each active committee. The Planning Commission is established by Atherton Municipal Code Chapter 2.36 and the California Government Code.
A list of citizen advisory bodies can be found on the Town’s website by accessing the Town Roster of Committees and Commissions and is set forth in a Resolution which establishes and governs Town Committees and Commissions. All citizen advisory bodies are subject to the provisions of the Brown Act. These bodies are charged with the following responsibilities:
• Advise the City Council and the City Manager on matters within their area of responsibility and interest, as prescribed by the City Council and its ordinances and resolutions.
• Help focus attention on specific issues and problems within their scope of responsibilities and recommend actions and alternatives for Council consideration. • Act as channels of communication and information between Town government and the general public, including groups with interests related to the work of the advisory bodies.
• Consider and assist in reconciling contradictory viewpoints and provide direction toward achievement of Town-wide goals.
• Encourage citizen participation in the definition and formulation of Town goals and actions for their achievement.
• Balance community desires with municipal responsibilities and resources.
4.2 Qualifications and Appointment to Office
Interested citizens who live within the Town of Atherton are encouraged to submit applications
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for positions on committees and commissions. The application form is available from the Town staff and includes space for the applicant to state the qualifications, experience, and skills which he or she can bring to the service of the Town. Applications may be submitted at any time. Completed forms are kept on file at Town Hall and may be considered by the City Council when vacancies occur.
Notice of openings and requests for applications for committees and commissions are posted and published annually in a newspaper of general circulation as determined by the City Manager,"The Almanac," Town website, through e-mail blasts and, if timely, in "The Athertonian." Regular appointments to all bodies are made by the City Council in June of each year at a duly noticed meeting of the City Council. Requests for applications for candidates to fill unexpected vacancies, which occur from time to time, can be solicited when the vacancies arise, or during annual solicitation which typically begins 2-3 months before term expirations.
Members are appointed by simple majority vote of the City Council.
When making commission and committee appointments, the City Council will favor applicants who do not already belong to another commission or committee. The Council seeks a diversely representative body of membership for each board, commission, and committee so that there will be a broad balance of views. Rather than filling an advisory panel with people who are all dedicated to the same ideas or goals, the Council will attempt to assemble groups of applicants with a variety of interests and experience. Similarly, the Council will attempt to select members from across the Town's geographically diverse make-up. For all of the Town’s citizen advisory bodies, the City Council may decide to refrain from appointing candidate(s) if, in its judgment, the qualifications and/or experience of the candidate(s) are insufficient. When this occurs, the City Clerk will again advertise the vacant position(s) involved and the appointment process will be included on a subsequent City Council agenda.
The Town is grateful for the service of members of a committee or commission, recognizing that the service to the community is voluntary. Even so, it is important to understand the legal requirements that apply to the role because failure to comply may result in stiff penalties.
Committee/Commission representatives: the City Clerk, the City Attorney, or the City Manager are available to assist with any questions. Their job is to ensure that representatives are able to do the job freely and without apprehension.
An updated list of volunteer committee members is included in the Town Roster, available at the front desk in Town Hall and on the Towns website. It also includes the latest information on the regular meetings days and times for the committees, as well as the approved committee sizes.
4.3 City Council Liaisons
Each of the Town’s advisory committees is assigned a City Councilmember to serve as Liaison between the Council and the committee (excluding the Planning Commission). The Mayor makes these appointments in January of each new calendar year.
It is the Liaison’s responsibility to attend each meeting of the committee to which he or she is assigned and to provide general guidance, as needed, to the committee as it moves through its meeting agenda. The primary role of the Liaison is to ensure the committee’s compliance with the Brown Act and to provide information regarding City Council policy as it pertains to the
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work of the committee. It is not the role of the Liaison to advocate on behalf of or against items before the committee or to endorse positions or directions that the committee may be considering. If a Council Liaison is unsure how to advise his or her committee, he or she should consult with the City Manager. The Liaison should also report any operational problem his or her committee may be facing at the earliest opportunity so that staff can intervene and provide the needed assistance through the committee chair.
5. GENERAL RULES OF OFFICE
5.1 Code of Ethics and Conduct
Public officers owe an undivided duty to the public they serve and are not permitted to place themselves in a position that will subject them to conflicting duties or expose them to the temptation of acting in any manner other than the best interest of the public. Town officers may not, under any circumstances, use their official position to their own benefit or for the benefit of anyone except the Town itself, nor may they represent the Town in any transaction in which they are personally interested in obtaining an advantage.
A copy of the Council Code of Conduct has been included with this handbook as Appendix B.
5.2 Conflict of Interest
In order to fulfill the Town government's undivided duty to serve the public, it is necessary for the Town's officers to diligently avoid any circumstance in which their personal and public interests or responsibilities could come into conflict, or in which Town officers could be tempted to use their positions for personal gain. State law specifically regulates several areas:
Interests in Contracts: Members of the City Council and other public officers may not make any contract with the Town in which they have a financial interest. Such contracts are void, and violation may constitute a felony. (Government Code §1090) Discounted or Free Transportation Passes: Office holders in California are strictly prohibited from accepting free passes or discounts from transportation companies. Violation of this prohibition is punishable by forfeiture of office. (California State Constitution) The Political Reform Act: The Political Reform Act (Government Code §§87100, et seq.) forbids a public official from participating in or attempting to influence any governmental decisions or actions in which he or she has a "material financial interest." The Act defines the kinds of interests (which includes interests owned by spouses, dependent children and agents, and certain businesses and trusts) which might cause a conflict and requires public officials to disqualify themselves from decisions which could affect those interests. The Fair Political Practices Commission (FPPC) enforces the Political Reform Act.
Common Law Doctrine Against Conflicts of Interest: There is a body of common law regarding conflicts of interest which prohibits a public official from acting, or failing to even avoid the appearance of acting, in an inappropriate manner with respect to his or her interest in any matter.
5.3 Statement of Economic Interest
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As established in The Political Reform Act, Councilmembers must file Statements of Economic Interest upon assumption of office, on an annual basis, and when leaving office. The proper forms are supplied by the City Clerk. Members must disclose all investments, business positions, sources of income, and interests in real property which could be materially affected by the decisions made by their commission. The completed statements are kept on file by the City Clerk and are available for public inspection. Since the law permits the Fair Political Practices Commission to impose a penalty for failure to file such statements in a timely manner or correctly, elected officials should be certain the statements are complete, accurate, and submitted on time.
5.4 Relations with Town Staff
The Town staff works under the direction of the City Manager. While the Council as a whole majority may direct the City Manager, it is not appropriate for individual Councilmembers to provide such direction or to become involved in the administrative or operational concerns of the Town departments. However, the staff will be happy to answer questions and provide whatever assistance they can when authorized to do so by the City Manager.
It is expected that a mutually respectful and professional relationship will be maintained between the staff personnel and the Councilmembers. In the event that a conflict does arise, the problem should be brought to the attention of the Mayor or the City Manager.
5.5 Orientation for New Members
Shortly after election, a general orientation will be provided by the City Manager, City Attorney, and staff. This orientation is intended to acquaint newly elected Councilmembers with Town goals, the responsibilities of the office, current issues before the body, legal issues related to the position, and meeting schedules.
5.6 Meeting Attendance
Government Code Section 36513 (a) If a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. (b) Notwithstanding subdivision (a), if a city council meets monthly or less frequently than monthly and a city councilmember is absent without permission from all regular city council meetings for 70 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.
5.7 Resignation
A Councilmember resigns from office before the end of his or her term by submitting a written resignation with the City Clerk. This information will be forwarded to the City Council and the City Manager. Such notice is effective based on its terms and need not be accepted. It may be withdrawn prior to becoming effective, but once it takes effect, it may not be withdrawn.
5.8 Compensation
Service on Council is purely voluntary. None of the City Councilmembers are paid, although they may be reimbursed for expenses incurred in carrying out official Town business.
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5.9 Benefits/Insurance/Immunity
Councilmembers are covered by the Town’s Workers' Compensation policy and, in the event of an accident, while serving in an official capacity, the member will be required to file an accident report. Members are also covered under the Town's general liability insurance policy for actions taken in the course and scope of their duties. The Tort Claims Act limits municipal liability, and Councilmembers are granted immunity by the applicable sections of the California Government Code for good faith actions taken.
5.10 Travel Expenses
Councilmembers are entitled to reimbursement for their own personal reasonable expenses incurred in the performance of his or her duties as a Councilmember. If the reimbursement request involves the costs of travel, such as hotels and/or airfare, the Councilmember should verify the budget availability in advance with the City Manager prior to the a request for reimbursement shall be made to the City Manager prior to the occurrence of the travel, in order to ensure that budgetary authority exists. Councilmembers are required by State law to provide a brief report on their paid Town travel at the next available City Council meeting following their return.
5.11 Authority of Councilmembers
Individual members of the Council are not authorized to expend public funds, enter into agreements or contracts, employ staff, sign documents on behalf of the Town, or bind the Town in any way unless expressly authorized to do so by action of the City Council. This authority can only be granted by action of the City Council.
5.12 Use of E-mail
Each member of the City Council will be provided with an e-mail account on the Town’s server.
The Town’s website provides the public with a link to these e-mail accounts, and the business cards of each Councilmember includes the Town e-mail account/address. Members of the City Council may request set up of automatic forwards from their Town email account directly to their personal email account.
The Town will retain all incoming and outgoing e-mail messages from the City Council e-mail accounts on the Town’s server for two years. These e-mail messages are public records and are subject to disclosure through the provisions of the Public Records Act, with rare exception.
5.13 Assignment to Outside Committees, Agencies, and Organizations and as Committee Liaisons
The Town is represented by individual Councilmembers on a wide variety of outside committees and organization, such as the City/County Association of Governments (C/CAG) and the Association of Bay Area Governments (ABAG). Additionally, each of the Town’s standing committees is assigned one or two Councilmembers to serve as its Liaison to the City Council and the staff (see Section 4.3 “City Council Liaisons”). In January of each year, the Mayor makes Councilmember assignments as he or she deems appropriate. The City Council, by majority vote, may override assignments made by the Mayor to these roles. Coordination is provided by
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the City Manager and City Clerk to ensure that there are no schedule conflicts that would preclude a Councilmember from attending the meetings of the bodies to which he or she may be assigned.
6. OPERATING PROCEDURES
The City Council does most of its work in meetings which are open to the public. A detailed set of Rules of Procedure has been established for the conduct of such meetings – See Appendix A. Formal rules may occasionally appear arcane or inconvenient, but they are necessary to guarantee a fair and democratic process. The rules are designed to ensure Atherton's compliance with state law, to guarantee fair and equal treatment of citizens, to encourage citizen participation in civic affairs, and to foster a productive climate which encourages the communication of constructive ideas. Such rules may be temporarily set aside upon a vote of the Council where it is agreed that application of the normal rules may be inappropriate or unfair.
6.1 Ralph M. Brown Act
The Brown Act (Government Code §54950, et seq.) is a state law requiring that almost all local government business be conducted in open and public meetings. This requirement is based upon the belief that the people must remain informed about the activities of government in order that they may retain control over it. The Brown Act applies to the City Council, as well as all Town commissions and committees. Any time a majority of the members of one of these bodies meets face-to-face or through intermediaries or technological devices (such as phone, fax, e-mail, or letters) to hear, discuss, or deliberate upon any public business, a "meeting" is taking place as defined by the Brown Act. Social events are exceptions to this, so long as public business is not discussed.
With very few exceptions, such meetings must be open to the public and must be announced at least 72 hours ahead of time for a regular meeting and 24 hours ahead of time for a special meeting, with a posted agenda indicating the time and place of the meeting and describing each item of business which is to be discussed with enough clarity to inform the public of what action may be taken. No action may be taken at any meeting unless a quorum is present.
Action may be taken by the body only on items which properly and clearly appear on the meeting agenda unless a matter is added by a 4/5 vote where action is required to be taken, and the item arose after the agenda was posted. In addition, minutes of the proceedings must be taken for entry into the public record.
The City Council may from time-to-time convene properly agendized Closed Sessions pursuant to Government Code §54954.5 where the public is excluded. Such sessions are allowed for a few limited purposes, including Personnel Sessions, to discuss pending or anticipated litigation and real property negotiations.
A copy of the Brown Act is distributed to all new Councilmembers, and additional copies are available for examination at Town Hall. All members should be sure to understand this law.
Staff will be happy to assist in interpreting its requirements.
6.2 Limitations on Official Action of the City Council
While the City Council is the supreme legislative body of the Town, State, and Federal law
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impose certain limitations and restrictions on the powers of the Council. These limitations include:
Preemption: As a general law town, the Town of Atherton must comply with state and federal laws and therefore cannot make any rule or regulation which conflicts with or duplicates state or federal law, or conflicts with policies or regulations of the state or federal governments.
Public Purpose: All public funds must be expended for a public or municipal purpose of the Town. An improper expenditure (not authorized by law) may result in personal liability of the individual Councilmember.
Expenditure Limitations: At present, a State-imposed spending limitation (Gann Appropriations Limit) restricts the expenditure of most revenues to the 1978-79 fiscal year level plus or minus cost of living and population changes. This limitation may be relaxed by vote of the electorate or through the use of funds not subject to the limitation.
Discrimination: The Town may not enforce its rules, regulations, or ordinances on a discriminatory basis based on any protected status of any person or group of people. All facilities, rules, regulations, and ordinances must be applicable to everyone on an equal basis.
Civil Liberties: The state and federal constitutions guarantee certain civil liberties and civil rights, such as the right of peaceful protest, assembly, worship, speech, etc. Municipal regulations which unreasonably impinge on the lawful exercise of these rights, whether by prior restraint, prohibition, arbitrary regulation or arrest, are invalid.
Reasonableness: No municipal action can be arbitrary or excessive in scope.
6.3 Tort and Constitutional Rights Liability
A town enjoys a variety of immunities from liability based on negligence claims. The State Tort Claims Act determines under what circumstances government will be liable for injuries to property and persons not involving constitutional violations and requires that timely claims be filed ahead of any lawsuit in such matters.
6.4 Environmental Impact
The State Public Resources Code requires the Town to conduct an environmental review before undertaking any public project or approving discretionary private projects. If the environmental review discloses a reasonable probability that the project will have potentially significant environmental impacts, an Environmental Impact Report (EIR) must be prepared in accordance with the California Environmental Quality Act (CEQA). If mitigations can be made ahead of approval, it may be possible to permit a Negative Declaration to be filed indicating that the mitigation measure have reduced potential impacts to less than significant levels. The Planning Staff is generally charged with determining what level of compliance under CEQA is required.
6.5 Resolutions
Routine business and administrative matters are accomplished by motion and resolution. As with motions, resolutions are referenced in the minutes. Resolutions are also separately
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maintained, numbered in sequence, and preserved in a permanent collection by the City Clerk.
Resolutions are usually prepared in advance by the City Manager or the City Attorney.
Resolutions can be introduced and enacted at the same meeting.
6.6 Ordinances
Legislative acts of the City Council intended for long-term application or having to do with matters required by law to be created by ordinance, are enacted by ordinance. Pursuant to Government Code §41802, the City Attorney is responsible for the drafting of all ordinances.
Ordinances must be adopted at a regular meeting or an adjourned regular meeting. The approval of an ordinance occurs in two stages: Introduction and Adoption.
6.7 Effective Date of Ordinances
Ordinances take effect 30 days from the date of adoption unless otherwise specified in the Ordinance, of in the case of an urgency ordinance which takes effect immediately.
6.8 Publication of Ordinances
The text and voting record of Ordinances are published or posted by the City Clerk within 15 days of adoption. Failure to do so may invalidate the Ordinance. Standard posting sites are the Atherton Library, Atherton’s contracted US Post Office station, Atherton Town Hall lobby, and the Almanac newspaper. An alternative to publishing the full ordinance is to publish a summary of the ordinance. Summaries are prepared by the City Clerk. They are published at least five days prior to City Council adoption, and a certified copy of the full text is posted in the City Clerk’s office. Within five days following adoption, the summary, including the Council’s vote and date of adoption, is republished.
6.9 Quorum Requirements
A quorum must be present in order to conduct any business at a meeting. A quorum is present when a majority of the members of the Council are in attendance. The Mayor must determine that a quorum is present before business may be undertaken, and the quorum must be maintained throughout the meeting in order to continue to carry out business. If a Councilmember is recused from consideration of a certain matter, then he or she is generally not counted in order to achieve a quorum.
If it is known in advance that a quorum cannot be achieved, Councilmembers and interested parties should be notified. A notice must be posted by the City Clerk on the door of the meeting room and on the Town’s website within 24 hours of the cancellation, advising the public that the meeting has been canceled due to a lack of quorum.
6.10 Minutes
Written minutes constitute the official record of the Council’s activities. Minutes are approved by a formal motion of the Council. The minutes should record the minimum required information. They should provide a clear and concise statement of Council actions, including the motions made and the vote thereon. Reasons for making a motion, Council debate and audience reactions should not be included. Minutes include a list of who is present, the times of convening and adjournment, a record of motions made and votes taken, and a description
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of items discussed.
City Council minutes are to be kept for all meetings. In addition, all meetings are also videotaped and archived. The City Clerk produces the written minutes from these recordings.
6.11 Agendas and Agenda Packets
The City Manager, in consultation with the Mayor and/or the City Staff, schedules items for City Council agendas. Other Councilmembers, as well as members of the public, may also request that certain topics be placed on the agenda; however, the agenda is ultimately the responsibility of the City Manager, and he or she is not required to add items simply because a request has been made. Because of the posting requirements of the Brown Act, requests for additions to the agenda must be made at least 72 hours prior to a regular meeting.
Prior to each regular or special meeting, the City Clerk compiles an agenda packet which contains the agenda, all staff reports, communications, resolutions, ordinances, and other relevant supporting materials. Agenda packets for City Council meetings will be available at Town Hall at least three days before each scheduled meeting. In addition, the Brown Act requires that the City Clerk print and post the agendas at least 72 hours before regular meetings and 24 hours before special meetings.
The City Clerk’s Office posts the City Council agenda at the following locations: (a) Atherton Town Offices; (b) Atherton Branch Library; (c) Town Council Chambers; (d) on the Town’s website and through the websites online newsflash. The agenda specifies the time, date, and location of the meeting and contains a brief description and proposed action of each item of business to be transacted or discussed at the meeting.
Any citizen may submit written comments to the Council through the City Clerk or City Manager’s office. Council will receive copies ion the agenda packet provided such comments are received before the schedule meeting. Written comments can be submitted to the City Clerk or City Manager’s office up to the time of the meeting and distributed to the Council and the public at the meeting.
In order to be prepared for the meetings, Councilmembers should read the agenda packet and contact the City Manager with any questions regarding the information presented.
6.12 Actions Limited to Posted Agenda
In general, the City Council cannot take action on any item not appearing on the posted agenda except under rare exceptions permitted by the Brown Act, usually to add critical matters that arose after posting of the agenda.
6.13 Public Comments
At Regular Meetings, persons wishing to address the Council on any non-agendized item that is within the subject-matter jurisdiction of the Town may do so during the Public Comment portion of the meeting. At Special Meetings, public comments are limited to agendized items.
The posted agenda prescribes the time limits for public comment. The Council is not able to undertake discussion of or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. Persons wishing to
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address the Council on any matter within the jurisdiction of the Town and not on the posted agenda are invited to do so during the Public Comment portion of the meeting. This period is limited three minutes per person. The Council is not able to undertake extended discussion of or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda.
6.14 Public Hearings
Some actions must be preceded by a public hearing primarily for the purpose of soliciting testimony from the general public. The Municipal Code and state law require public hearings for the consideration of certain issues, such as zoning amendments, conditional use permits, and fee increases. Official notice of public hearings will be published in a newspaper of general circulation as determined by the City Manager and the Town’s website the "Almanac" at least ten days before the hearing. Members of the public who wish to submit written statements may do so. Members of the public may also speak during the hearing. However, if there are numerous people who would like to speak representing the same viewpoint, the Mayor may ask that a spokesperson be designated for the group and/or require that each speaker's comments be limited to a set amount of time. If a time limit is to be imposed the Mayor should announce it before any members of the public have begun speaking.
6.15 Consent Calendar
Items listed under the Consent Calendar are those items staff believes may not require Council discussion and are considered to be routine in nature. Ordinances introduced at a previous meeting which are brought back for adoption may also be included on the Consent Calendar.
Before taking a vote, the Mayor will allow time for the Councilmembers, staff, and the public to read the list to determine if it includes any matters on which they may have a question, or which they would like to discuss or oppose. Any Councilmember, staff, or member of the public has the right to remove any item from the Consent Calendar, in which case it is transferred to the regular agenda so that it may be considered, discussed, and voted on separately. All of the remaining items are then unanimously approved with one roll call vote.
7. CONCLUSION
This handbook is designed to provide a basic overview of the Town of Atherton and the duties associated with the office of City Councilmember. It is intended to familiarize you with the workings of your government and to help you prepare to serve. It is not an exhaustive work, nor the final authority on matters of procedure or conduct. If you have further questions regarding the specific details of your office or other aspects of the Town government, please feel free to contact the City Manager, City Clerk, or City Attorney.
8. APPENDICES
A – City Council Rules of Procedures
B – Code of Conduct
C - Resolution Governing Committees and Commissions
D - Rosenburg’s Rules of Order
E- City Council Approved Policies
Atherton City Council Rules of Procedure Page 1 of 10
Appendix A
TOWN OF ATHERTON
CITY COUNCIL
RULES OF PROCEDURE
REVISED NOVEMBER 15, 2023
REVISED SEPTEMBER 18, 2024
Atherton City Council Rules of Procedure Page 2 of 10
RULES OF PROCEDURE
1. Authority
As provided by California Government Code Section 36813, the City Council establishes these Rules of Procedure for the conduct of meetings. The following Rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new rules adopted in the manner provided by these Rules.
It is the intent of these Rules to prevent inappropriate disruption, disturbance, or other disorderly conduct of Council meetings and to provide guidelines for conduct of members and procedures to be followed at such meetings.
2. General Rules
2.1 Rules of Order Except in cases of conflict with these Rules, Rosenburg’s Rules of Order shall be used as a guide to govern the proceedings of this Council.
2.1 Quorum Three members of the Council shall constitute a quorum necessary to transact business. In the event a quorum is not in attendance, those attending will be named in the minutes, and they shall adjourn the meeting to a later set time. If no one is present, the Clerk shall adjourn the meeting to a later date and post notice of that fact pursuant to Government Code Section 36811.
2.2 Compelling Attendance Members must notify the Presiding Officer for the issuance of an "excused absence" when they are unable to attend, which shall be granted. The member may notify the City Manager or City Clerk if the Presiding Officer is not available and the City Manager or City Clerk will notify the Presiding Officer of the request; or it will be noted in the minutes as an unexcused absence.
In the event of perpetual absence by members, the Council may adjourn from day to day to compel attendance under the penalties prescribed by law. The seat of a member with two or more consecutive unexcused absences from regular council meetings shall be vacated pursuant to Government Code Section 36513(b).
2.8 City Staff The City Manager, City Attorney, and City Clerk shall attend all meetings of the Council unless excused, and in the event of an absence, a designee shall substitute.
The City Manager may make recommendations and shall have the right to take part in all discussions of the Council, but shall have no vote.
The City Attorney, upon request of the City Council or authorized representatives, shall give opinions, either written or oral, on questions of law and shall act as the Council's parliamentarian.
The City Clerk shall record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council and/or City Manager.
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Department Heads/Employees, as required by the City Manager or requested by the Council, shall attend Council meetings.
3. Mayor - Duties
3.1 Mayor The Mayor is elected by members of the Council for a one-year period. No member shall serve as Mayor for consecutive terms. The City Council shall meet at least annually to choose one of its members as Mayor.
3.2 Vice Mayor The Vice Mayor shall be selected annually by a Council majority vote. No member shall serve as Vice-Mayor for consecutive terms.
3.3 Presiding Officer The Mayor, if present, shall preside. In the Mayor's absence, the Vice Mayor shall preside. In the absence of both, the Councilmembers present shall elect a temporary Presiding Officer.
3.4 Call to Order The Presiding Officer shall call the meeting to order at the hour appointed.
3.5 Preservation of Order The Presiding Officer shall preserve strict order and decorum, shall prevent verbal attacks on Councilmembers, staff, and/or citizens, and confine debate to the item under discussion.
3.6 Point of Order The Presiding Officer shall determine all points of order, subject to the right of any member to appeal to the entire Council. If an appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?"
3.7 Motion to be Stated The Presiding Officer, with the assistance of the City Manager or City Clerk if desired, shall state all motions submitted for a vote and announce the result. A roll call vote shall be taken upon ordinances, and at the request of any member on any vote.
3.8 Mayor Proclamations Mayor Proclamations will be issued at the discretion of the Mayor for various purposes including:
➢ Recognizing individuals and organizations whose contributions and achievements have community-wide significance;
➢ Calling public attention to a significant community event, service or program; ➢ Highlighting a special period of observance, celebration, or recognition for community, regional, state, or national occasions.
Mayor Proclamations do not need formal Council action or approval and individual Councilmembers can request through the Mayor that proclamations be issued. All public requests for proclamations should be directed to the City Manager or Mayor for review. It will be at the discretion of the Mayor to determine whether it is appropriate to present the proclamation at a Council meeting.
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Proclamations will be issued to recognize legitimate and significant community achievements, contributions, and occasions. These forms of recognition are not intended for partisan, commercial or narrow individual purposes which are inconsistent with the overall policies of the City Council.
4. Order/Preparation of Agenda
Order of Business
Call to Order
1. Pledge of Allegiance
2. Roll Call
3. Presentations
Public Comments
Disclosure of Ex Parte Communications (if needed)
4. Departmental Written Reports
5. Report out of Closed Sessionn Report (if needed)
6. City Managers Report
Consent Agenda Items Items
Public Hearing Items
Regular Agenda Items
Council Reports/Comments
Future Agenda Items
Public Comments
Adjournment
4.1 Agenda Preparation The agenda shall be prepared in accordance with the preparation procedure below. Insofar as possible, the agenda shall be delivered to the Mayor, Councilmembers, and Library by 5:00 p.m. on the Friday preceding the Wednesday meeting. Council materials as much as possible shall be available for public review at the Library, City Hall, and Town website and at the City Administrative Office beginning on the Friday afternoon, before the regular Wednesday Council meeting.
The agenda shall be prepared in accordance with the preparation procedures as directed by the City Manager with the following guidelines. One of the following methods may be applied for placing an item on a Council agenda:
➢ City Manager: The City Manager may add an item for Council consideration at a future meeting or may receive requests for agenda items from the public, staff, a committee member or a Council Member. The City Manager shall determine whether to add the request to an upcoming Council agenda.
As a matter of practice, the City Manager may review the request with the Mayor prior to placing it on the agenda.
➢ Staff and Committees: There may be a need for agenda items which arise when a Town Committee or Commission passes a motion for Council
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consideration. These items may be added to the Council agenda by the City Manager no later than the second meeting following the request. ➢ Colleagues’ Memorandum: If at least two councilmembers prepare a colleagues' memo, the City Clerk shall place the item on the Council agenda under the Future Agenda Items Section. A colleague's memo is a written request, no more than two pages in length, presenting an item to be added to the following Agenda. The item shall be added to the next Agenda or a specific designated Agenda by a majority vote of the Council.
4.2 Public Comments During Public Comments at a regular meeting, any person may address the Council, provided that the item (1) is of interest to the public and is within the subject matter jurisdiction of the Council and (2) is not otherwise on the agenda. Public Comments at special meetings shall be confined to the items for consideration on the agenda.At Regular Meetings, persons wishing to address the Council on any non-agendized item that is within the subject-matter jurisdiction of the Town may do so during the Public Comment portion of the meeting. At Special Meetings, public comments are limited to agendized items. The posted agenda prescribes the time limits for public comment. The Council is not able to undertake discussion of or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda.
4.3 Consent Agenda Items listed under the Consent Agenda are those items staff believes will not require Council discussion and are routine in content. Also listed under the Consent Agenda are resolutions confirming action from a previous meeting which are brought back for approval of form rather than approval of action.
Items may be removed by any Councilmember for separate discussion for clarification and/or upon request by any member of the public who wishes to speak on that item.
4.4 Actions Limited to Posted Agenda The City Council shall not take action on any item not appearing on the posted agenda except as permitted by Government Code Section 54954.2 of the Brown Act.
5. Citizens' Rights
5.1 Addressing the Council
(1) Any person may address the Council on the following portions of the agenda:
➢ Public Comments, as provided in Section 4.2.
➢ Public hearings, as provided in Sections 7 and following. ➢ When invited by the Mayor, prior to or during the hearing of all other portions of the agenda prior to the vote, it any, being taken.
(2) The following shall apply:
Atherton City Council Rules of Procedure Page 6 of 10
Each person addressing the Council shall step to the podium and may give their name and address for the record. The Council may require use of Speaker Cards.
It shall not be required that any person gives their name and address, but if they do not, they will not receive any follow-up response from staff or the City Council. ➢ A time limit may be imposed by the Council on each speaker depending on the subject matter.
➢ All remarks or questions shall be directed to the Mayor and Council as a body and not to any particular member.
➢ No person, other than members of the Council and the person having the floor shall be permitted to enter into the discussion.
5.2 Personal and Slanderous Remarks The Mayor (and other presiding members of other Town bodies) shall discourage demonstrations before them, such as applauding or "booing". Upon instructions by the presiding member, a Sergeantat-Arms may be appointed for the purpose of removing any person who, in the presiding member's judgment, has violated the rules of conduct and has disrupted, disturbed, or impeded the orderly conduct of the meeting. The Town does not tolerate hate speech, threats, or behaviors or speech that disrupt the meeting. For purposes of this section, disruptive behavior as behavior that “actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting,” including but not limited to, behavior that, (1) violates one of the governing body’s regulations addressing the conduct of open meetings, or (2) a reasonable observer would perceive as a threat to use force by that member of the public. The presiding officer, assisted by staff may provide a warning to meeting participant in violation of this rule. If the member does not immediately cease the violating conduct, they may be removed from the meeting.
6. Ordinances, Resolutions and Contracts
6.1 Document Approval All ordinances, resolutions, and contracts shall, before being placed on the agenda, be approved as to form and legality by the City Attorney. Additionally, all these documents shall be reviewed by the City Manager.
6.2 Ordinance Introduction/Adoption Except as to urgency ordinances, unless a member requests a full reading, a proposed ordinance will be introduced by the reading of the title only. Ordinances introduced by first reading shall not be adopted within five days of the introduction or at other than regular Council meetings unless the ordinance carries an urgency clause, in which case introduction and adoption may occur at the same meeting.
6.3 Majority Vote Required An affirmative vote of at least a majority of the total membership of the Council shall be necessary to adopt an ordinance, resolution, or any order to pay money. Urgency (emergency) ordinances must be adopted by the affirmative vote of at least four members of the Council. Motions and any other matters may be adopted by a majority of those present, assuming there is a quorum.
Atherton City Council Rules of Procedure Page 7 of 10
6.4 Ordinance Preservation Following adoption of an ordinance, the City Clerk will assign a number to the ordinance, and post according to law. The ordinance shall be filed and preserved in the City Clerk's office.
7. Procedures Regarding Public Hearings
Introduction Mayor announces subject of the public hearing.
7.1 Staff and Written Material Presentation
➢ Written material not in the agenda packet, if any, (e.g. protests, etc.) are noted for the record and received and filed.
➢ Staff report, if any, is presented by staff member.
➢ Staff responds to Councilmember questions.
➢ Mayor declares the public hearing open/ opens public comment.
7.2 Public Comment
➢ Mayor instructs members of the audience: (a) speak from the podium; (b) they may give their name and address (optional) before speaking; (c) a time limit for each speaker may be designated; and (d) that repetition should be avoided.
➢ The applicant/representative will normally speak first. ➢ Questions by speakers will be noted prior to Council deliberation. ➢ Mayor declares the public hearing closed.
7.3 Council Deliberations
➢ After the Mayor has determined that no other member of the audience wishes to speak, the matter is returned to the City Council for deliberation.
➢ The Council may ask questions of speakers for clarification. ➢ The Council makes a motion and debates.
7.4 Council Action
➢ Council at this time may re-open and continue the public hearing. (a) This should be done if any additional information is requested (e.g. a staff report).
(b) Continuing a public hearing to a specific date does not require additional notice.
➢ Council may:
(a) Vote on the item;
(b) Offer amendments or substitute motions and re-open
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the hearing allowing additional public comment if needed; (c) Continue the matter to a later date for a decision. (Note:
no additional reports or testimony may be received after the hearing has been closed).
8. City Council Committees
8.1 Establishment (Appointment of Council Members Thereto). At the regular meeting in January, the Mayor shall appoint Council members to serve on various committees for a one- year term. Committees shall be created and members appointed thereto in accordance with rules and regulations set out by the City Council by the Resolution Governing Committees, and Commissions as amended.
8.2 Appointment of Council Members to City Council Committees. Appointment of non-voting members to City Council Committees shall proceed as provided by the terms and provisions of separate resolution and as amended. Committees shall be created and members appointed thereto in accordance with rules and regulations set out by the City Council by the Resolution Governing Committees and Commissions as amended. Councilmembers shall serve as liaisons to such committees but shall have no vote.
8.3. Ad Hoc Committees The Mayor may appoint ad hoc committees of less than a quorum of the City Council as deemed appropriate and necessary. Such committees shall have a defined task and be of limited duration. Such committees are exempt from provisions of the Brown Act.
9. Suspension and Amendment of These Rules
9.1 Suspension Any provision of these rules not already governed by the Atherton Municipal Code may be temporarily suspended by a majority vote by the Council.
9.2 Amendment These rules may be amended by additions or deletions or new rules adopted by a majority vote of the Council.
10. Miscellaneous Rules
10.1 Roll Call Votes Upon demand by any Councilmember, made before the vote is called for, a roll call vote shall be taken on the motion before the Council.
The Mayor's name shall be called last with other members' names called at random by the City Clerk. Members shall not give explanations for their vote during roll call.
10.2 Silence During a voice vote, silence by any member denotes an affirmative vote.
10.3 Continuance of an Item
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Continuance by a Councilmember: Any Councilmember may, with the consent of the Council, continue an item not subject to a deadline to an agreed upon meeting.
If the Councilmember will not be in attendance at the meeting, the Councilmember's request to continue an item should be personally conveyed to the Mayor or City Manager prior to the meeting.
Continuances Requested by Someone Not a Councilmember: Anyone may request a continuance of an item by the Council. A request for a continuance may be granted by vote of the Council only if it finds that (1) the need for the continuance was beyond the control of the person requesting it, (2) the need for the continuance arose after (a) the date of the notice of public hearing was published if the item is subject to a public hearing, or (b) the time the Council agenda was posted for items not subject to a public hearing, and (3) continuing the matter will not unduly impact any person interested in the decision.
10.4 Personal Privilege The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which the integrity, character, or motives of the Councilmember is in question, or where the welfare of the Council is concerned. The Councilmember may not interrupt the speaker, however, until recognized by the Mayor.
10.5 Dissenting Opinion Any member shall have the right to enter into public record reasons for dissent or disagreement against any action carried by the majority.
10.6 Motion to Reconsider A motion to reconsider any action taken by the Council may be made in accordance with the following:
1. The motion must be made by a member who voted in the majority, although it may be seconded by any Councilmember.
2. The motion must be made prior to the adjournment of the meeting at which the original action was taken or at the next meeting.
3. The motion is debatable and has precedence over a pending motion.
10.7 Representations of Town and/or City Council policy. Councilmembers shall not represent themselves as speaking on behalf of the Town and/or the City Council without prior approval of the City Council. The statements of previously approved City Council policy may be reiterated or recalled without additional City Council approval.
11. Rules of Debate
11.1 Mayor as Presiding Officer The Mayor may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Councilmember.
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11.2 Appeals Any ruling of the Mayor may be appealed to the entire City Council at the request of a Councilmember. The Mayor shall call for a roll call vote to determine if the ruling is upheld.
11.3 Rules of Parliamentary Procedure Rosenberg’s Rules of Order shall govern parliamentary procedure. The City Attorney shall serve as parliamentarian.
APPROVED AS TO FORM:
/s/ Mona Ebrahimi, City Attorney
Revised November September 1815, 20243 1
Appendix B
TOWN OF ATHERTON
Council Code of Conduct
Approved March 19, 2014
Revised November 15, 2023
Revised September 18, 2024
1. PREAMBLE
The citizens of Atherton are entitled to have fair, ethical and accountable local government which has earned the public's full confidence for integrity. The citizens of Atherton expect public officials, both elected and appointed, and city employees to comply with both the letter and spirit of the laws of the State of California, the United States of America, the Atherton Municipal Code, and the established policies of the Town of Atherton affecting the operations of local government.
Further, public officials, both elected and appointed, and city employees are expected to be independent, impartial and fair in their judgment and actions; and public office shall be used for the public good, not for personal gain; and public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
To this end, the Atherton City Council has adopted a Code of Conduct and Procedures for members of the City Council, committees and commissions and CityTown staff to assure public confidence in the integrity of local government and its effective and fair operation. All persons covered by this code will aspire to meet the highest ethical standards in the conduct of their responsibility as a public official, elected or appointed, and city employees.
The Code of Conduct and Procedures shall be discussed at least annually, in either a regular meeting or a study session by the Council, Commissions, Committees and staff as an on-going means of developing a thorough understanding of the Code of Conduct and Procedures and the Brown Act.
RELATIONSHIP BETWEEN CITY COUNCIL, COMMITTEE AND COMMISSION
MEMBERS AND TOWN STAFF
The Town of Atherton municipal government operates under a council-manager form of government as established by Atherton Municipal Code. Under this form of government, the Council provides legislative direction, sets policy and monitors its execution by Town staff. The City Manager serves as the Town’s chief executive and administrative officer and is responsible for directing the day-to-day operations of the Town.
Revised November September 1815, 20243 2
Except for the purpose of inquiry, the Council and its members shall deal with the administrative service of the Town solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately. A more formal procedure should be followed if Council needs staff support that requires more than thirty (30) minutes of a staff member's time. If a majority of the Council approves such a request, the City Manager will proceed with said request and report his/her findings back to the Council upon completion. The same procedure applies to Council requests of the City Attorney, except in instances involving personnel or sensitive issues.
The work of the Town is a team effort. Councilmembers, Commissions, Committees and staff shall work together in a collaborative process, assisting each other in conducting the affairs of the Town.
POLICY STATEMENT
The Atherton City Council has adopted this Code of Ethics to encourage public confidence in the integrity of local government and its fair and effective operation.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, Councilmembers shall work for the common good of the people of Atherton and not for any private or personal interest, and they will endeavor to treat all persons, claims and transactions in a fair and equitable manner.
2. Comply with the Law
Councilmembers shall comply with the laws of the nation, the State of California and the CityTown in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Atherton Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government; and Town policies.
3. Conduct of Members
Councilmembers shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the City Council, commissions, committees, ad-hoc committees, staff or the public. Differing viewpoints are healthy in the decision-making process.
Individuals have the right to disagree with ideas and opinions, but without being disagreeable.
Once the City Council, Commissions and Committees take action, members of the Council, Committee, Commission, and staff shall commit to supporting said action of the majority and not create barriers to the implementation of said action. Members of the City Council, Commissions, Committees and Staff shall not represent themselves as speaking on behalf of the Town and/or the City Council without prior approval of the City Council. The statements of previously approved City Council action may be made without additional City Council approval.
4. Respect for Process
Councilmember duties shall be performed in accordance with the processes and rules of procedures established by the City Council.
Revised November September 1815, 20243 3
5. Conduct of Public Meetings
Councilmembers shall inform themselves of public issues, listen attentively to public discussions before the body and focus on the business at hand. The City Council, Commissions and Committees will distinguish between free speech and malicious innuendo or personal, insulting, slanderous attacks and will not tolerate verbal abuse of any Council members, Commissions or Committee members, or staff, either from the floor or from each other. It is the responsibility of the Chair, and, if necessary, all the members of the Council, Commissions and Committees, to enforce and maintain decorum at meetings.
6. Decisions Based on Merit
Council decisions shall be based upon the merits and substance of the matter at hand.
7. Communication
It is the responsibility of Councilmembers to publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decisionmaking process with all other Councilmembers.
8. Coordination with CityTown Staff
In their role as liaisons to outside agencies, Councilmembers should include aAppropriate CityTown staff should be involved when Councilmembers when meeting with officials from other agencies and jurisdictions to ensure proper staff support as needed and to keep staff informed.
Councilmembers may coordinate the use of staff support through the City Manager.
9. Disclosure of Corruption
All CityTown officials shall take an oath upon assuming office, pledging to uphold the constitution and laws of the CityTown, the State and the Federal government.
10. Conflict of Interest
In order to assure their independence and impartiality on behalf of the public good, Councilmembers shall not use their official positions to influence government decisions in which they have a financial interest or where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable State law.
In accordance with the law, members shall file written disclosures of their economic interest and if they have a conflict of interest regarding a particular decision, refrain from participating in that decision unless otherwise permitted by law.
11. Gifts and Favors
Councilmembers shall not take advantage of services or opportunities for personal gain by virtue of their public office that are not available to the public in general. They shall refrain from accepting gifts, favors or promises of future benefits that might compromise their independence of judgment or action or give the appearance of being compromised.
12. Confidential Information
Revised November September 1815, 20243 4
Councilmembers shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the Town. They shall neither disclose confidential information without proper legal authorization nor use such information to advance their personal, financial or private interests.
13. Use of Public Resources
Public resources not available to the general public (e.g., CityTown staff time, equipment, supplies or facilities) shall not be used by members of Council, Committees, and Commissions for private gain or personal purposes. Staff can be used by the City Council, Commissions and Committees as a valuable resource to provide routine information on ongoing projects and programs. Council members, Commissions and Committee members shall request information needed to supplement, upgrade or enhance their knowledge about Town projects and programs directly through the City Manager.
14. Representation of Private Interests
In keeping with their role as stewards of the public trust, Councilmembers shall not appear on behalf of the private interests of a third-party before the City Council or any commission or committee or proceeding of the CityTown.
15. Advocacy
To the best of their ability, Councilmembers shall represent the official policies and positions of the City Council. When presenting their personal opinions or positions, members shall explicitly state that they do not represent the Council or the CityTown.
16. Improper Influence
Councilmembers shall refrain from using their position to improperly influence the deliberations or decisions of Town staff, commissions or committees.
17. Policy Role of Members
Councilmembers shall respect and adhere to the Council-Manager structure of the Atherton City government as provided in State law and the Atherton Municipal Code.
18. Positive Work Environment
Councilmembers shall support the maintenance of a positive and constructive environment for residents and Town employees.
19. Implementation
Ethics standards shall be included in the regular orientations for City Council candidates.
Councilmembers entering office shall sign a statement affirming they read and understood the Town of Atherton’s City Council Code of Ethics.
20. Compliance and Enforcement
Revised November September 1815, 20243 5
Councilmembers themselves have the primary responsibility to assure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of CityTown government.
Resolution No. 24-XX3-20 Page 1 of 9 September 1820, 202423 RESOLUTION 24-XX3-20
AMENDS RESOLUTION 23-2017
A Resolution of the City Council of the Town of Atherton Establishing and Governing Town Committees
Amended September 18, 2024June 21, 2023
The City Council of the Town of Atherton hereby resolves as follows:
Section 1. Establishment of Committees
The following committeeCommittees are established for the Town of Atherton:
1. Audit/Finance Committee
2. Environmental Programs Committee
3. Park and Recreation Committee
4. Transportation, Bicycle and Pedestrian Safety Committee Section 2. Committee Principles and Rules of Procedure
Principles: All committeeCommittees shall follow the City Council Rules of Procedure, the Atherton Municipal Code, the Political Reform Act, and the provisions of the California Open Public Meeting Law (Brown Act). These resources may be found on the Town’s website and/or via the City Clerk’s Office. All members shall attend an education and training session hosted by the City Attorney and City Clerk upon appointment.
The responsibility and accountability for all work necessary to efficiently and cost effectively carry out the advisory functions of each committeeCommittee shall rest exclusively with the Chairman or Council Member assigned to the committeeCommittee.
A Town Department is assigned to each Committee. Each Department Manager is responsible for providing the necessary staff (in the most cost-effective manner) to prepare for and attend Ccommittee meetings. This includes but is not limited to meeting with the Committee Chair and City Council Liaison in advance of each meeting to create an agenda; prepare the agenda packet; take and prepare minutes; and conduct follow up from meetings.
Committee Agenda Preparation: In general practice, the staff liaison to each Ccommittee shall meet with the Committee Chair and the City Council Liaison in advance of each upcoming meeting to review the meeting agenda. Regular agenda items, such as approval of meeting minutes, followup staff reports, and general information reports shall be added to the agenda as needed. Other items shall be added through one of the methods described below.
One of the following methods may be used for placing an item on a Committee agenda:
1. Council: A majority vote of the Council may direct staff to add an item to a Committee agenda.
Resolution No. 24-XX3-20 Page 2 of 9 September 1820, 202423
2. City Manager: The City Manager may receive requests for agenda items from the public, staff, a Ccommittee Mmember or a Council Member. The City Manager will review the request with the Committee Chair and City Council liaison. The City Manager shall have sole discretion to refer the request to the City Council at the next available meeting, or schedule the item for the Committee agenda.
3. Staff and Committees: There may be a need for routine agenda items which may arise out of Ccommittee meeting discussions; are requested and agreed on by a majority of the Committee as part of Future Agenda Items; or items created from staff follow up of previous Committee and/or staff meetings. These items may be added to a future agenda following an agenda preparation meeting between the Committee Chair, Council Member liaison and staff liaison.
4. Colleagues’ Memorandum: If at least two committee members prepare a colleagues' memo, the staff liaison shall place the item on the Committee’s agenda under a Future Agenda Items Section. A colleague's memo is a written request, no more than two pages in length, presenting an item to be added to a future agenda. Upon review of the colleagues’ memo, the Committee shall not discuss the merits of the item itself; but shall solely discuss whether to add the item to a future agenda for discussion. Upon majority vote of the Committee, the item shall be added to the next agenda or a specific designated Agenda.
Committee Procedures for placing items on Council agenda:
1. Committee Action: Any formal recommendation to Council taken by a Committee shall be placed on a City Council agenda within the next two regular meetings.
The City Clerk has overall responsibility for posting committee agendas.
Advocate: Collectively, Ccommittees are encouraged to advocate positions to the City Council on matters under the purview of their Ccommittee. Otherwise, nNo Ccommittee or any of its members shall represent itself or themselves as speaking on behalf of the Town, City Council, and/or Ccommittee without prior approval of the City Council. Individual members are not authorized to make public statements or comments on matters within the purview of their Ccommittee outside of the normal Ccommittee process. It could be perceived as using the member’s position to indicate some special knowledge or understanding of the matter, or to confuse members of the public with respect to whether the comments are being made to improperly influence an agency decision. Committee members should refrain from using their title when addressing other boards, commissions, committees, or the City Council to avoid creating an appearance of special status to the public. Statements of previously approved City Council policy may be made without additional City Council approval. When there is a question, a Ccommittee member shall consult the City ManagerAttorney for advice. Members of Ccommittees may attend meetings of other Ccommittees and the City Council; however, members shall not present opinions of their own Ccommittee at such meeting unless the position is previously approved by their Ccommittee. A quorum of a Ccommittee may attend such a meeting, but they may not discuss among themselves Town business, nor comment or discuss the matter under consideration unless authorized to do so by the Ccommittee to avoid a possible Brown Act violation.
Resolution No. 24-XX3-20 Page 3 of 9 September 1820, 202423 Educational Materials: Committees may provide approved educational materials to the public regarding the functions and actions of the Ccommittee, but shall not engage in advocating to the public any particular position which is contrary to City Council policy. Any educational materials sent to the public shall be approved by the City Manager, and shall follow the Town’s procurement process. It shall be the City Manager’s discretion on whether or not the educational materials need Council approval beforehand.
Meetings: The Committee shall establish a regular meeting schedule on an annual basis in July.
The Department assigned to the committee shall update the website to reflect the meeting schedule.
Changes in the dates or time of meetings from the established schedule may be made by majority vote of the committeeCommittee.
Minutes: Staff shall prepare action minutes for all committeeCommittees. Action minutes shall be presented to the City Clerk within 7 days following the meeting or as soon as feasible if there is a reason not to produce them within that timeframe. Finalized minutes should be sent electronically to the City Clerk for posting, after the Committee has approved them. The City Clerk will share appropriate information received from the minutes with the City Manager and City Council.
Reports: If desired by the City Council, an annual report shall be created and approved by the Committee and provided to the City Manager, City Clerk and City Council of committeeCommittee activities for the preceding year.
Special Meetings: The Chair or a majority of the Committee may call a special meeting at any time in accordance with the Brown Act.
Website: Any website created for a Committee by the Town shall be incorporated into the Town’s website. If created, websites shall be developed in accordance with the “advocate” section of this resolution.
Section 3: Appointment of Voting Members to Committees
Appointment: Members other than City Council Members shall be appointed following recruitment process set forth by the City Clerk and approved by the City Council. With the exception of the Transportation, Bicycle and Pedestrian Safety Committee as described, all appointed members shall be Atherton residents. Members shall serve at the pleasure of the City Council, or until the expiration of their terms set out below. The terms of the Committee Members shall be the standard 4-year term; however, the Council retains the option to appoint members for 1-year or 2-year terms. were staggered pursuant to Resolution No. 19-07 with subsequent terms of appointment reverting to the standard 4-year term. Vacancies in any committeeCommittee arising from any reason, including expiration of term, shall be filled by temporary appointment of the City Council, or by annual recruitment. The Committee Chairperson or staff assigned shall notify the City Clerk of resignations and vacancies. Each Committee which cannot fill at least 50% of its seats shall be postponed until the Town can recruit at least a quorum (50%+1). During that time, the City Council shall continually recruit qualified individuals and town staff shall continue to advertise periodically.
Resolution No. 24-XX3-20 Page 4 of 9 September 1820, 202423 Term expiration dates shall end on June 30. Appointed committeeCommittee members shall serve no more than two full consecutive terms of such length set by Council upon appointment on the committeeCommittee to which they are appointed. A member may be reappointed to the committeeCommittee following a minimum two (2) year hiatus. However, if a seat is vacant and no one applies, City Council may grant an exemption. The Council is under no obligation to appoint any applicant to a Committee to which they have applied.
The Mayor may select City Council representatives to serve one (1) year terms as Primary and Alternate Council representatives on CommitteesCity Council representatives and any alternates on committees are selected by the Mayor and approved by the City Council to serve a one (1) year term. Appointed City Council Members (primary and alternate) and City Council Member Alternates shall serve as liaisons to Committees; but shall not serve as voting members to Committees. Alternates participate on committees serve in the absence of the primary appointed Council Members. However, alternates may attend all meetings provided they do not actively participate. For each Committee, unless otherwise directed by the City Council, one City Council member shall be appointed as a primary liaison and one as an alternate. Members shall coordinate attendance to ensure appropriate representation.
Committee Members who intend to be absent from a meeting shall alert the chairperson and/or staff person assigned. The Chairperson shall state during the meeting, under roll call whether the member is excused (notification was given) or absent (no notification was given). Unexcused absences of members, other than City Council Members, from two or more consecutively scheduled meetings shall result in the automatic vacation of the member’s office. The staff person assigned to the Committee shall work with the Chairperson to alert the City Clerk of consecutive absences. The City Clerk shall alert the City Manager who shall decide how to inform City Council. City Council has the authority to override this rule based on the information received.
Chairperson and Staff: Each committeeCommittee shall have a Chairperson. The Committee shall select its Chair on an annual basis in July. Council Members shall not serve as Chair or Vice Chair of Committees. The Department assigned to the committeeCommittee shall have the authority to appoint staff member(s) to serve Town committeeCommittees. Any requests by a committeeCommittee for staff work, information, or assistance from Town staff shall be made to the City Manager.
Section 4: Funding for Committees
Committees do not have authorization to expend Town resources. In the event funding for a committeeCommittee activity is desired, a budget shall be prepared and presented to the City Council for review and approval as part of the Town’s regular budget process. The committeeCommittee shall follow the guidelines set forth by the Town’s purchasing and expenditure policiesy approved by City Council through Ordinance 595 and any expenditure policies developed and approved by the City Council. No Committee member shall use his or her own personal credit card. For approved expenditures items under $150 a committeeCommittee member may request a cash advance and then come back to the Town with itemized receipts. For approved expenditure items over $150, a committeeCommittee member shall complete a check request from the Town or have the Town purchase the goods/services.
Resolution No. 24-XX3-20 Page 5 of 9 September 1820, 202423 Section 5: Committee Composition, Powers and Duties
1. Audit/Finance Committee
The Audit/Finance Committee makes recommendations to the City Council on issues related to the Town’s audit and finances. The Committee typically meets every other month at the Town Center. Acting in an advisory capacity, the Audit/Finance Committee shall have the following powers and duties:
a. Make recommendations to the City Council in all matters pertaining to Town finances; b. Discuss and consult with the City Manager on any matter pertaining to the budget, capital spending plan and the long-range financial plan for the Town; c. Upon request, make recommendations to the City Council in all matters pertaining to the Town’s annual audit;
d. Assist staff, as needed, in the provision of oversight to the annual audit process; and, assist in the presentation of the annual audit to the City Council with recommendations as to acceptance;
e. Upon request, advise the City Council regarding appointment of outside auditors to complete the annual audit;
f. Assist staff as needed in the review of the proposed audit scope prior to commencement of annual audit.
The Committee consists of two (2) City Council liaisons, typically the Mayor and Vice Mayor, and five (5) appointed resident members Resident appointed members shall serve a term of four (4) years.. The Committee meets in the Council Chambers or the Town Administrative Conference Room.
The Finance Department is assigned overall responsibility of the Audit/Finance Committee.
Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.
2. Environmental Programs Committee
The Environmental Programs Committee provides the City Council with recommendations, outreach programs, and education on environmental issues facing the Town’s natural and built environment consistent with the Town’s Climate Action Plan.
The Environmental Programs Committee typically meets every other month at the Town Center. Acting in an advisory capacity, the Environmental Programs Committee shall have the following powers and duties:
a. Upon request, make recommendations (programmatic and legislative) to the City Council on all matters pertaining to the Town’s natural and built environment and the
Resolution No. 24-XX3-20 Page 6 of 9 September 1820, 202423 Town’s regional role and responsibilities as one of the communities on the San Francisco Bay Peninsula.
b. Pursuant to established City Council programs and policy, to include the Town’s Climate Action Plan, assist staff in the creation of pro-active community engagement programs for residents, commercial and public enterprises active within the Town’s jurisdiction.
The Environmental Programs Committee consists of five (5) appointed resident members and one (1) City Council Member liaison. Resident appointed members shall serve a term of four (4) years. The Committee meets in the Council Chambers or the Town Administrative Conference Room.
The City Manager’s Department is assigned overall responsibility of the Environmental Programs Committee.
Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.
3. Park and Recreation Committee
The Park and Recreation Committee makes recommendations to the City Council on issues related to Holbrook Palmer Park and any active or passive recreational space within the Town. The Committee typically meets monthly in the Town Center. Acting in an advisory capacity, the Park and Recreation Committee shall have the following powers and duties:
a. Upon request, make recommendations to the City Council in all matters pertaining to the Town’s active and passive parks and public recreation services; b. Work with staff, as needed, to assist other governmental agencies and public and private groups in the advancement of park and recreation planning and programming; c. Work with staff to develop and maintain a Master Plan for active and passive recreational spaces within the Town; and, annually, in the month of April, present a report to the City Council;
d. Work with staff to review the annual budget for the Town’s park and recreation programs and services during the budget process and make recommendations with respect thereto to the City Council.
e. Assist staff with a review of fees and services within the Park and make recommendations with respect thereto to the City Council. f. Upon request, study and make recommendations on the acquisition and development of recreation areas, activities and facilities such as playgrounds, buildings, parks, open space and other centers of recreation;
g. Assist staff in the planning of recreation programs for the community.
The Park and Recreation Committee consists of seven (7) appointed resident members and one (1) City Council Member liaison. Of the appointed members, two members shall be representatives of the Holbrook-Palmer Park Foundation serving terms of two (2)
Resolution No. 24-XX3-20 Page 7 of 9 September 1820, 202423 years. . Each of the foregoing representatives shall serve a term of two (2) years. When a vacancy arises, the City Clerk will contact each organization to request a new representative. If the organization submits more than two candidates, the City Council shall select the candidate to serve as the representative.
Remaining resident appointed members serve a term of four (4) years. The Park and Recreation Committee meets in Holbrook-Palmer Park.
The Public Works Department is assigned overall responsibility of the Park and Recreation Committee.
Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.
4. Transportation, Bicycle and Pedestrian Safety Committee The Transportation, Bicycle and Pedestrian Safety Committee makes recommendations to the City Council on issues related to transportation, traffic, roadway safety, pedestrian and bicycle safety. This committeeCommittee shall satisfy the requirements of the Metropolitan Transportation Commission as the Town’s Transportation, Bicycle and Pedestrian Safety Committee Membership should be composed of both bicyclists and pedestrians. The Committee typically meets every other month at the Town Center. The Committee consists of five (5)seven (7) appointed members and one (1) City Council Member liaison. A minimum of three (3) appointed members shall be Atherton residents.
The remaining two members may live or work in Atherton and be active uses of pedestrian or bicycle transit systems in Town. Committee appointed members shall serve terms of four-year (4) years. Acting in an advisory capacity, the Committee shall have the following powers and duties:
a. Upon request, make recommendations to the City Council in all matters pertaining to transportation, traffic, and roadway safety within the Town. b. As needed, assist staff in the identification and review of traffic and roadway safety enhancements.
c. As needed, assist staff in the review of regional project impacts on local traffic and transportation corridors.
d. As needed, assist staff in the review of traffic safety enforcement measures. e. As needed, assist staff in the review of Neighborhood Traffic Management Program requests.
f. Work with staff in providing recommendations on issues related to the Town’s bicycle and pedestrian network and Bicycle and Pedestrian Master Plan. g. Make recommendations to the City Council on the selection of bicycle and pedestrian projects to be submitted for state and federal funding opportunities. h. Work with staff to promote bicycling and walking as safe and healthy alternative modes of transportation, including safe routes to schools.
Resolution No. 24-XX3-20 Page 8 of 9 September 1820, 202423 i. Assist Town staff in the planning, operations and maintenance of bicycle and pedestrian facilities in Town.
The Police Department shall have overall responsibility of the Transportation Committee.
The Chief of Police will coordinate with the Public Works Department when Public Works staff are needed for the meeting.
Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.
Section 6: Advice
Appointed members of committeeCommittees are encouraged to seek advice from Town staff when they are uncertain of the foregoing rules.
This Resolution shall be effective immediately upon adoption. All previous resolutions governing Town committeeCommittees and commissions including Resolution No. 15-10 and Resolution No. 19-07 are hereby superseded and rescinded.
I hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the Town of Atherton at a regular meeting thereof held on the 18th20th day of September 20243, by the following vote.
AYES: 05 COUNCIL MEMBERS: Holland, DeGolia, Lewis, Hawkins, Widmer NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
ABSTAIN: 0 COUNCIL MEMBERS:
_______________________
Bill WidmerDiana Hawkins-Manuelian, Mayor
Town of Atherton
ATTEST:
______________________
Anthony Suber, City Clerk
Resolution No. 24-XX3-20 Page 9 of 9 September 1820, 202423 APPROVED AS TO FORM:
_________________________________
Andreas Booher, Assistant City AttorneyMona Ebrahimi, City Attorney
Item No. 7
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: SEPTEMBER 18, 2023
SUBJECT: CONSIDERATION OF RESOLUTIONS RECOMMENDING ADOPTION
OF AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
AND MITIGATION AND MONITORING REPORTING PROGRAM AND
AMENDMENTS TO THE ATHERTON GENERAL PLAN, AND
INTRODUCTION OF AN ORDINANCE WITH FIRST READING TO
AMEND THE ATHERTON MUNICIPAL CODE TO IMPLEMENT THE
2023-2031 HOUSING ELEMENT AND ZONING CODE UPDATES
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing to consider the following actions that will revise and implement the 2023-2031 Housing Element to comply with state law:
- Resolution adopting an Initial Study and Mitigated Negative Declaration (IS/MND) and Mitigation and Monitoring Reporting Program (MMRP)
- Resolution adopting amendments to the Atherton General Plan - Introduction and First Reading of an Ordinance to Amend the Atherton Municipal Code.
BACKGROUND
On January 31, 2023, the Town Council adopted and self-certified the Town of Atherton’s 2023- 2031 Housing Element and submitted a copy to the Department of Housing and Community Development (HCD) for review and certification. The adopted Housing Element includes goals, objectives and programs that facilitate the by-right approval of multifamily housing projects, subject to objective design and development standards adopted by the Town. However, subsequent feedback from HCD indicated that to receive certification, the Town must expand its multifamily housing program to address Affirmatively Furthering Fair Housing (AFFH) requirements.
At the City Council meeting on May 17, 2023, the Council received a summary of HCD’s comments, a discussion of actions necessary to achieve compliance, and an explanation of the CEQA review process necessary to complete the 2023-2031 Housing Element and related changes Page 190 of 1727 Housing Element and Zoning Code Updates
September 18, 2024
to the Town’s Zoning Ordinance. At City Council meetings on July 19, 2023, and September 20, 2023, the Council discussed and directed staff to study ten sites, in addition to a previously chosen site at 23 Oakwood for multifamily housing at a density of 10 dwelling unit per acre (10 du/ac).
This direction facilitated the commencement of the California Environmental Quality Act (CEQA) review process and the public outreach necessary to develop multifamily development standards.
TABLE 1: RM-10 MULTI-FAMILY RESIDENTIAL SITES
Address Lot
Acres Existing Zoning Proposed Zoning Overlay
Proposed Residential Units
from Zoning Overlay
23 Oakwood 1.6 R-1A RM-10 16
999 Ringwood Ave. 0.90 R-1A RM-10 9
352 Bay Rd. 0.92 R-1A RM-10 9
318 Bay Rd. 0.94 R-1A RM-10 9
296 Bay Rd. 0.93 R-1A RM-10 9
175 Ravenswood 1.1 R-1A RM-10 11
185 Ravenswood 1.1 R-1A RM-10 11
197 Ravenswood 1 R-1A RM-10 10
Gilmore House 0.90 POS RM-10 9
Circus Club 0.50 POS RM-10 5
Cal Water 0.25 POS RM-10 3
TOTALS 10.14 101
Since the Fall of 2023, the Town has held the following additional meetings to engage the community and decisionmakers on the efforts to update the Housing Element and to establish design and development standards for multifamily housing:
- October 23, 2023: Multifamily Community Workshop
- November 1, 2023: Multifamily Housing Study Session
- November 8, 2023: Community Meeting Housing Element Q&A - November 13, 2023: Community Workshop
- November 27, 2023: Multifamily Study Session
- January 29, 2024: Multifamily Housing Element Workshop - April 29, 2024: Joint Study Session on Housing Element Text Amendments A complete list of public meetings held in consideration of the Housing Element and related Zoning Code Updates is provided on the Town’s website at:
https://www.ci.atherton.ca.us/676/Housing-Element-Meeting-Document-Archive As discussed further in this report, the Town released a draft Initial Study and Mitigated Negative Declaration (IS/MND) for a thirty-day public comment period on May 10, 2024. Following this process the Planning Commission then held public meetings on July 24, 2024, and August 28, 2024, to consider resolutions recommending amendments to the Atherton General Plan and Municipal Code to Implement the 2023-2031 Housing Element and Zoning Code.
Housing Element and Zoning Code Updates
September 18, 2024
At the Planning Commission meeting on August 28, 2024, the Commission took the following actions:
- Approved Resolution No. 2024-01 recommending that the City Council adopt the Initial Study and Mitigated Negative Declaration (IS/MND) and Mitigation and Monitoring Reporting Program (MMRP) analyzing the 2023-2031 Housing Element and Zoning Code Updates. (5 Ayes: M-Bryant, S-Tonelli). (Attachment 1)
- Approved Resolution No. 2024-02 recommending that the City Council adopt amendments to the Atherton General Plan and Atherton Municipal Code to Implement the 2023-2031 Housing Element and Zoning Code Updates project, with additional direction to correct minor text errors in the update package, to remove the four properties along Bay Road and Ringwood Avenue from the Housing Element and to modify the proposed RM-10 standards.as follows:
• Apply the R1-A standards for height (34 feet), rear yard (60 feet) and side yard (requirement varies by lot width)
• Require a minimum front yard setback of 30 feet.
• Allow a Floor Area Ratio (FAR) of 0.5 and exempt habitable attic space and underground parking from FAR.
• Encourage underground parking and exclude underground parking and habitable attic space from FAR. The Commission also directed Staff to clean up errors identified in the staff report and to apply a new privacy standard based on sill height. (5 Ayes, M: Polito, S: Tonelli) (Attachment 2)
This report serves to introduce the City Council to the proposed revisions to the Town’s adopted Housing Element. These revisions have been developed to receive certification by HCD with corresponding amendments to the Atherton General Plan and Municipal Code that implement those changes. Changes to the Municipal Code include the adoption of development standards for multifamily housing, and the supporting environmental analysis.
ANALYSIS
This section of the report provides a summary of each major component of the Town of Atherton’s 6 th Cycle Housing Element 2023-2031 and Zoning Code updates (the “Project”).
California Environmental Quality Act (CEQA) Review
As noted above, the Town released a draft Initial Study and Mitigated Negative Declaration (IS/MND) for a thirty (30) day public comment period on May 10, 2024. The IS/MND analyzes the potential impacts of the Town of Atherton’s 6th Cycle Housing Element 2023-2031 and Zoning Code updates (the “Project), in full accordance with the procedural and substantive requirements of the CEQA Guidelines. The IS/MND discloses that the following environmental factors would be potentially affected by this project, involving at least one impact that is “Potentially Significant Impact Unless Mitigation is Incorporated”: Air Quality, Biological Resources, Cultural Resources, Greenhouse Gases, Noise, Transportation/Traffic, and Tribal Cultural Resources.
During the public comment period on the draft IS/MND, the Town received five comment letters on the Project: one in support from a Menlo Park resident, one from CalTrans requesting revisions to clarify or provide greater alignment with CalTrans planning documents, and three letters from Atherton residents indicating concerns that the Project has significant impacts that were not
Housing Element and Zoning Code Updates
September 18, 2024
adequately addressed in the draft IS/MND. Broadly, these concerns relate to the Project’s consistency with the Town’s General Plan and the adequacy of the IS/MND’s analysis of cumulative impacts. More site-specific concerns were raised in the comments relative to aesthetics, privacy, tree protections, traffic safety, greenhouse gas (GHG) emissions, noise, and flooding.
After the close of the public comment period, the Town received a second follow-up letter from one of the residents reasserting their concerns.
The Town reviewed the public comments and has provided a written response. The Town’s response results in revisions to the following sections of the IS/MND:
▪ Project Description, Page 12, “Additional Sites” discussion. Language was added here to acknowledge that in the event additional sites are considered for multifamily development (beyond those identified in the IS/MND), the appropriate environmental document will be prepared and circulated for public review prior to re-zoning and/or amendments to the Housing Element being considered or approved by the Town.
The revised IS/MND (Attachment 3) did not result in any changes to supplemental technical studies or mitigation measures and remains consistent with the draft published on May 10, 2024, with the exception of the revisions noted above. This determination is provided in staff’s response to the public comments that were received during and after the comment period (Attachments 4 and 5).
In addition to the revised IS/MND, staff has also prepared a Mitigation Monitoring and Reporting Program (MMRP). An MMRP is a matrix describing all of the mitigation measures that are applicable to the Project; including identification of responsible review parties and the timing or stage of implementation. (Attachment 6)
Adoption of the IS/MND and MMRP is an official action taken by the City Council to assert that the Housing Element and Zoning Code Update project is compliant with CEQA. The Planning Commission serves as a recommending body to the City Council for the purpose of that action. As noted above, at the Planning Commission meeting on August 28, 2024, the Commission adopted a Resolution Recommending that the City Council Adopt the Initial Study and Mitigated Negative Declaration (IS/MND) and a Mitigation and Monitoring Reporting Program (MMRP). The Commission did not recommend any changes to the IS/MND as revised by staff.
Prior to approving updates to the Housing Element and Zoning Code, the City Council must consider the proposed MND together with any comment received during the public review process and find that there is no substantial evidence that the project will have a significant effect on the environment.
In taking this action, the Council must also adopt an MMRP. (Attachment 7) Atherton General Plan and Municipal Code Amendments
State law requires the Town to maintain a General Plan with specific elements to provide a vision for the Town’s future and inform local decisions about land use and development. In addition to including goals, policies, and implementation programs concerning housing issues, general plan housing elements must include an inventory or list of housing sites on which housing development is allowed at sufficient densities to accommodate a specific number of units at various levels of affordability, called the Regional Housing Needs Allocation (RHNA).
In accordance with California Government Code Section 65860, the Town of Atherton must maintain consistency between the Town General Plan, 2023-2031 Housing Element, the Municipal Code and the Zoning Map. These amendments are recommended in this report due to the adoption of the 2023-2031 Housing Element and revisions required by HCD.
Housing Element and Zoning Code Updates
September 18, 2024
Revisions to the Housing Element
Recommended text revisions apply to all sections of the adopted 2023-2031 Housing Element.
On April 29, 2024, the City Council and Planning Commission held a special study session to consider red-lined text changes to the following sections of the adopted Housing Element:
▪ 3.100 Introduction
▪ 3.200 Assessment of Housing Needs
▪ 3.300 Atherton Fair Housing Assessment
▪ 3.600 Review of 2015-2022 Housing Element Performance Revisions to the sections listed above highlighted changes that respond to HCD’s request for greater comparative analysis between the Town, San Mateo County and the nine-county Bay Area region and an assessment of the Town’s housing needs and performance with special attention given to furthering fair housing. The feedback from the joint study session is incorporated into the revised 2023-2031 Housing Element provided at Attachment 8.
The remaining sections of the Housing Element are listed below. ▪ 3.400 Housing Resources
▪ 3.500 Constraints on Housing
▪ 3.700 Housing Goals, Policies, and Quantified Objectives ▪ 3.800 Housing Programs
▪ 3.900 Efforts to Achieve Community Engagement
The sections listed above required robust revisions to respond to HCD’s 2023 comments. This was required to demonstrate that the needs, performance, resources, and constraints all factor into the Town’s housing programs. Additionally, the state requires quantified objectives for each program – timelines, measured outcomes, and steps to correct under performance.
Given the extensive revisions, the attached 2023-2031 Housing Element Amendments are provided a clean version of the text. The existing 2023-2031 Housing Element is provided in its entirety for comparison as Attachment 9.
Planning Commission Recommendation
At the August 28, 2024, Planning Commission hearing, the Commission voted unanimously to recommended approval of the revised Housing Element text with direction to staff to make minor modifications requested in the staff report and to remove the four properties along Bay Road and Ringwood Avenue from the Housing Element. The direction to remove the four sites was provided in response to neighborhood-specific public comment received in advance of and at the hearing. This public comment raised concerns related to the suitability of the four sites for future multifamily development. Although the Commission upheld the CEQA analysis that found no impacts would occur at these four sites, its decision reflects the Commission’s preference for other sites identified in Table 1 and a desire to remove the four properties given that there is no specific number of AFFH related-sites mandated by state law.
Staff does not recommend that the Council take the Planning Commission’s recommendation and therefore, the revised Housing Element Text at Attachment 8, and any other related attachments continue to include reference to these locations. If the Council upholds the Planning Commission’s recommendation references to the sites will be removed. Page 194 of 1727 Housing Element and Zoning Code Updates
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Staff recommends inclusion of the properties because there is no quantitative requirement asserted in state law for meeting AFFH by introducing a multifamily typology to expand the availability of housing options in the Town. At the Council meeting on September 20, 2023, the Council voted against staff’s recommendation to analyze more sites and at a residential density of 20 du/ac, which would have provided more options for removal and used a density already legally mandated for other housing program. However, the Council voted to pursue the sites listed in Table 1 and to reduce the analyzed density to 10 du/ac. As a reminder, only the sites in Table 1 that are within an R-1A zoning district provide opportunities for the development of multifamily housing without an institutional affiliation.
Informal Comments from HCD
In response to the Notice of Violation received from HCD and the timeline the Town has provided as a goal for adoption, HCD has agreed to informally review the draft Housing Element and Zoning Code revisions, as shared at the July 24, 2024, Planning Commission meeting, and to highlight any concerns. The potential for feedback from HCD post-Planning Commission recommendation was acknowledged by the Commission.
Staff has received and continues to receive feedback from HCD. The feedback from HCD as of the writing of this report is incorporated into the revised Housing Element at Attachment
8. These changes supplement the information to the sites analysis (Section 3.400) and the programs (Section 3.800) identified in the revised Housing Element. At this time, the most extensive change is the addition of Program 3.811(D) which asserts that the Town, as required by state law will conduct a mid-cycle evaluation of the RM-10 multifamily program at the end of December 2026, with action required by Council in December 2027 and an effective date of January 2028. If fewer of four of the eleven RM-10 sites have development or active development proposals at that time, the program commits the Town to modifying its zoning mid-cycle to allow additional multifamily development. Potential mid-cycle zoning modifications identified are:
- Identification of at least three new RM-10 multifamily residential overlay sites. - Adoption of an SB 10 overlay that allows at least three identified sites to be developed with up to 10 units and a process for individual property owners to apply for an SB 10 overlay on their property.
- A different rezoning that would allow additional housing mobility, including multifamily housing in Atherton.
HCD’s requirement that the Town include a mid-cycle program specific to the RM-10 multifamily housing program underlines staff’s recommendation that the Council continue to include the four properties on Bay Road and Ringwood Avenue. This is especially important given that the Town is aware of current and active interest in developing two of the four properties.
Other General Plan Amendments
Additional revisions to the Atherton General Plan are required to implement the 2023-2031 Housing Element, both as currently adopted and as proposed. These amendments are provided at Attachment 10. The amendments acknowledge the establishment of a multifamily overlay
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district in the Land Use and Noise Elements. This includes revising Land Use Map Figure LU-1 to identify the proposed sites within the multifamily overlay that were analyzed in the IS/MND. If certain sites are removed by the City Council during their consideration of the Project, then the map will be revised accordingly.
Finally, the General Plan amendments include the removal of General Plan Policy LU-1.4 which prohibits structures Town-wide from a height in excess of 34 feet. The adopted Housing Element includes programs to support housing as heights that conflict with this requirement.
Therefore, staff is recommending removal of this policy from the General Plan. Staff acknowledges that the Town may still prefer to limit the heights of structures; in that event, staff would recommend limiting height as a zoning requirement.
A draft resolution for the adoption of all General Plan amendments, including revisions to the updated 2023-2031 Housing Element is provided at Attachment 11.
Municipal Code Amendments
Implementation of the adopted and proposed Housing Elements require modifications to Chapter 17 of the Atherton Municipal Code. The modifications included at Attachment 12 identify two key areas of change: the types of land uses permitted in each zoning district and the procedural circumstances of that review; and development standards to implement multifamily overlay districts. A summary of changes is provided below. ▪ Ministerial Review. The code updates provide for ministerial review of housing projects where required by the State and to remove constraints identified by the revised 2023-2031 Housing Element. See Section 3.700 of the revised Housing Element for programmatic requirements, Sections 3.200, 3.300 and 3.500 for discussion on identified needs or constraints.
▪ Multifamily Overlay Zones. The code updates establish the RM-10 and RM-20/40 overlay zones. The RM-10 overlay zone has distinct standards that apply to properties within the R1-A, R1-B, and POS Zoning Districts. The RM-20/40 have shared standards and apply to properties within the PFS Zoning District.
▪ Standards for Multifamily Housing. The code updates provide development standards for multifamily housing in the RM-10 and RM-20/40 overlay districts. The standards address height, setbacks, Floor Area Ratio (FAR), lot coverage, site design, landscape screening, building mass, façade and design materials, and parking.
At the August 28, 2024, Planning Commission meeting, the Commission recommended adoption of the Municipal Text Amendments with modifications to the proposed RM-10 standards as listed below. Staff’s analysis and recommendation to the Council is also provided below.
Massing: The Commission recommends applying the R1-A standards for height (34 feet), rear yard (60 feet) and side yard (requirement varies by lot width) in addition to staff’s recommended front yard setback of 30 feet to establish general massing parameters.
The resulting buildable area is shown in Figure 1 for 23 Oakwood and Figure 2 for 185 Ravenswood. These two properties have been used as
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reference figures because they characterize the range of property shapes that the standards must consider.
FIGURE 1 PLANNING COMMISSION MASSING STANDARDS AT 23 OAKWOOD FIGURE 2 PLANNING COMMISSION MASSING STANDARDS AT 185 RAVENSWOOD FAR: The Planning Commission had a discussion relative to the potential unit size necessary to facilitate development. Although some commissioners felt that the unit size should be determined by the developer, all the commissioners recognized that with the recommended massing described above, FAR is a
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tool that could provide future development greater flexibility of the issue of unit size and the scale of what is marketable at that time.
The Commission recommended a maximum FAR of 0.5, but with the direction that it should exempt habitable attic space and any underground parking. This direction is similar to staff’s initial proposal of a 0.5 FAR with incentives to receive an additional .05 FAR for a pitched roof, habitable attic space and below grade parking. However, staff’s proposal would have enabled a maximum FAR of 0.65. Attachment 12 has been modified to reflect the Planning Commission’s recommendation.
At the outset of the process to develop multifamily standards, staff presented building models and typologies based on the assumption that average unit sizes would be approximately 1,000 square-feet and that the Town would prefer a building typology as consistent with R-1A standards as possible. Feedback from various Councilmembers and Commissioners encouraged staff to consider a larger, more marketable unit scale and to consider controls that would facilitate the development of a project similar to the Marquis project at 133 Encinal Avenue in Menlo Park (formerly the Roger Reynolds nursery).
The Marquis project includes 24 dwelling units on 1.74 acres at a density of 13.79 dwelling units per acre. Four of the dwelling units are below market rate (BMR), as required by the City of Menlo Park. The project includes seven buildings that include a range of two to five units per building. The project has a maximum height of 34 feet, an FAR of 0.72 and building footprint coverage of 34 percent. Dwelling units, including the BMR units range from 1,869 square feet to 2,131 square feet and the project has an average unit size of 1,884 square feet. The project includes 53 parking spaces in enclosed garages with additional visitor parking at grade.
FIGURE 3: MARQUIS DEVELOPMENT, 133 ENCINAL AVENUE1
1 https://menlopark.gov/Government/Departments/Community-Development/Projects/Completed-projects/Marquis Page 198 of 1727 Housing Element and Zoning Code Updates
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Staff has also identified a project in Pasadena, California at 363 and 367 West Del Mar Boulevard, called the Bungalows at Ambassador Gardens (Bungalows). This condominium development includes 10 units on a site of 0.76 acres, at a density of 13.16 dwelling units per acre. The ten units are split between two buildings that are designed to read as separate single-family homes, consistent with the architectural vernacular of the surrounding neighborhood. The maximum building height is 35 feet and building coverage on the site is 35 percent. The units range from 1,880 to 3,460 square-feet with an average unit size of 2,317 square-feet. The site includes 38 parking spaces, in an underground parking structure beneath the residences.
FIGURE 4: BUNGALOWS AT AMBASSADOR GARDENS, PASADENA2
To test the functionality of the proposed standards against two comparable cases, staff modeled each of the case study buildings and applied them to the maximum building envelopes for the 23 Oakwood and 875 Ravenswood sites, with standards initially proposed to the Planning Commission. Staff has included those test-fits and added fits with the development standards recommended by the Planning Commission in examples shown in Figures 5 through 8.
Staff applied the Marquis building typology to 23 Oakwood because it offered seven different building types to use as test fits, each with varying numbers of units. Figure 5 illustrates the application of Marquis buildings 1 (twice), 3 and 4 on the 23 Oakwood site.
This results in 16 units ranging from 1,869 square-feet to 2,131 square-feet with an average unit size of 1,884 square-feet. The total FAR is 0.50, building coverage is 28 percent and each unit accommodates a two-car garage at grade. Challenges identified by staff with the application of the Marquis development applied to 23 Oakwood include the provision of guest parking, location of trash storage and the necessity of the side setback to accommodate vehicular access.
2 https://www.whainc.com/ambassador-gardens-parcel16 Page 199 of 1727 Housing Element and Zoning Code Updates
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Figure 6 illustrates the application of the same model but with the standards as recommended by the Planning Commission. This model shows that an entire building (3 to 4 units) no longer fits within the buildable area and that the broader side setbacks (increased from 25 feet in the initial proposal to 37 feet by the Planning Commission) further constrains the developable area.
Some of these challenges can be addressed by each individual applicant and development choices, i.e. two buildings vs. four, size of units, use of more stories or habitable area provided through dormers. The intent of providing this test fit is to give decision makers, the public and prospective developers an indication of how development standards may resolve or generate design challenges. In response to the standards proposed by staff the property owner responded favorably, with a request to further reduce the side setbacks to 15 feet.
Additionally, staff applied the Bungalows building typology to 185 Ravenswood because it was a closer match with the Town’s typical one-acre lot size. Figure 7 illustrates the application of both buildings in the Bungalows project to the Ravenswood site. This results in 10 units ranging from 1,880 square-feet to 3,460 square-feet with an average unit size of 2,317 square-feet. The total FAR is 0.53, building coverage is 27 percent and parking is located above ground.
Immediately apparent in Figure 7 is the challenge in providing a deeper rear yard setback against R-1A properties. The side yard setback is less of a constraint because the standards, as initially proposed, included a two-tiered approach. RM-10 properties had reduced setbacks from other RM-10 properties. The recommended standards from the Planning Commission are applied in Figure 8 and reveal an even more constrained site, necessitating the elimination of approximately one building, despite the development including below grade parking. Figures 7 and 8 highlight the challenge in fitting a project with an average unit size that exceeds 2000 square-feet and apply development standards characteristic of single-family homes.
Staff supports the height modifications to the RM-10 development standards and has reflected those changes in Attachment 12. However, staff has concerns related to the marketability of units that are sized to meet the rear and side setbacks recommended by the Planning Commission. Staff’s initial and continued approach to provide development flexibility while respecting neighbors in R-13 districts focuses on two strategies: (1) apply a scaled requirement for rear yard setbacks that is consistent with the Town’s existing side yard setback strategy in Atherton Municipal Code (AMC) Table 17.38.010,4 and (2) apply a two-tiered approach where side and rear yard setbacks against other RM-10 properties are less than setbacks against R-1 properties. Given the analysis of the 185 Ravenswood test fits, staff has modified the proposed rear yard standards to start at 50 feet, instead of the initially proposed 80 feet. The rear yard standard that would be applied to 23 Oakwood would remain 25 feet, which is the requirement reflected in Figure 5. Attachment 12 includes staff’s initial recommendations for side yard requirements and the modified rear yard requirements.
3 The proposed standards intentionally use R-1 vs. R-1A because other jurisdictions that are adjacent to the proposed RM-10 sites are currently zoned as R-1 and will therefore be captured in the policy intent. 4 https://atherton.municipal.codes/Code/17.38.010Page 200 of 1727 Housing Element and Zoning Code Updates
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The Planning Commission discussed the merits of retaining staff’s proposed design standards which apply limitations to the length of a façade and specific entry details.
However, changes to the standards were not included in the Planning Commission’s recommendation.
FIGURE 5: MARQUIS DEVELOPMENT SCALE AT 23 OAKWOOD – STANDARDS PROPOSED BY STAFF FIGURE 6 MARQUIS DEVELOPMENT SCALE AT 23 OAKWOOD - PLANNING COMMISSION RECOMMENDATION
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FIGURE 7: BUNGALOWS DEVELOPMENT SCALE AT 185 RAVENSWOOD –
STANDARDS (INITIALLY) PROPOSED BY STAFF
FIGURE 8: BUNGALOWS DEVELOPMENT SCALE AT 185 RAVENSWOOD – PLANNING COMMISSION
RECOMMENDATION
Zoning Map Amendment
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Implementation of the Housing Element would institute an overlay zone on multiple sites within the Town. Attachment 13 identifies the location of each site and the corresponding overlay and required for a Zoning Map Amendment. The sites are identified and described in the revised Housing Element and IS/MND.
STAFF RECOMMENDATION
Staff recommends that City Council consider the materials presented in the staff report, take public comment and take the following actions:
▪ Discuss the Initial Study and Mitigated Negative Declaration (IS/MND) and Mitigation and Monitoring Reporting Program (MMRP) for the 2023-2031 Housing Element and Zoning Code updates and provide direction to staff regarding any changes. Continue to a date certain of October 16, 2024.
▪ Discuss the proposed amendments to the Atherton General Plan, including specific revisions to the 2023-2031 Atherton Housing Element and provide direction to staff regarding any changes. Continue to a date certain of October 16, 2024. ▪ Introduce and discuss as a first reading the proposed amendments to the Atherton Municipal Code and Zoning Map, and provide directions to staff regarding any changes to be considered as part of a second reading on October 16, 2024.
ENVIRONMENTAL CONSIDERATIONS
A Draft Initial Study/Mitigated Negative Declaration (Attachment 3) was prepared for the Housing Element. On May 10, 2024, a Notice of Intent (NOI) was distributed pursuant to local noticing requirements and posted with the California State Clearinghouse and the San Mateo County Clerk’s Office, which initiated a 30-day public comment period beginning on May 10, 2024, and ending June 11, 2024. The Initial Study/Mitigated Negative Declaration concluded that the Housing Element could result in potentially significant impacts related to Air Quality, Biological Resources, Cultural Resources, Greenhouse Gases, Noise, Transportation/Traffic, and Tribal Cultural Resources. The Initial Study/Mitigated Negative Declaration concluded that potential impacts would be mitigated to less than significant levels through the implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements and Town standards. The Town will impose mitigation measures identified and contained in the Mitigation Monitoring and Reporting Program on future housing projects that implement the Housing Element. The Initial Study and Mitigated Negative Declaration, Response to Comments and the Mitigation Monitoring and Reporting Program are incorporated herein by reference.
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 were incorporated as part of the Town’s FY 2023-24 and 2024-25 Budgets.
PUBLIC NOTICE
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Public notification was achieved by posting the City Council 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, 10 days prior to the hearing date. 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 not limited to, media outlets, school districts, Menlo Park Fire District, service providers (water, power and sewer), and regional elected officials.
ATTACHMENTS
1. Planning Commission Resolution 2024-001
2. Planning Commission Resolution 2024-002
3. Initial Study and Draft Mitigated Negative Declaration (IS/MND)
4. Response to Comments on the Draft IS/MND
5. Public Comments on the Draft IS/MND
6. Mitigation Monitoring and Reporting Program (MMRP)
7. Resolution Adopting the IS/MND and MMRP
8. 2023-2031 Housing Element Amendments (Revised)
9. 2023-2031 Housing Element (As Adopted January 31, 2023)
10. Atherton General Plan Text Amendments (Tracked Changes)
11. Resolution Adopting Amendments to the General Plan
12. Atherton Municipal Code Text Amendments (Tracked Changes)
13. Atherton Zoning Map Amendment (Existing and Proposed)
14. Draft Ordinance Adopting Amendments Municipal Code and Zoning Map
TOWN OF ATHERTON
2023 – 2031 HOUSING ELEMENT AND ZONING
CODE UPDATES
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
LEAD AGENCY:
TOWN OF ATHERTON
PLANNING DEPARTMENT
80 FAIR OAKS LANE
ATHERTON, CA 94027
CONTACT:
BRITTANY BENDIX, CONTRACT TOWN PLANNER
PREPARED BY:
METROPOLITAN PLANNING GROUP
1475 S. BASCOM AVENUE, SUITE 210 CAMPBELL, CA 95008
JULY 2024
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Town of Atherton
2023 – 2031 Housing Element and Zonning Code Updates i Initial Study/Mitigated Negative Declaration 2474551.1 14537.003
2023 – 2031 HOUSING ELEMENT AND ZONING CODE UPDATES
CEQA ENVIRONMENTAL CHECKLIST AND INITIAL STUDY
Initial Study Checklist
Project Title: 2023 – 2031 Housing Element and Zoning Code Update Lead agency name and
address:
Town of Atherton, Planning Department
80 Fair Oaks Lane
Atherton, CA 94027
Contact person and phone
number:
Brittany Bendix, Contract Town Planner
408-688-2432
[email protected]
Project Location: Townwide 6th Cycle Housing Sites:
Town of Atherton, California
San Mateo County
Project Sponsor/Owner: Town of Atherton, Planning Department 80 Fair Oaks Lane
Atherton, CA 94027
General Plan Designations: Townwide 6th Cycle Housing Sites: Single Family Residential Low Density; Parks and Open Space; Public, Quasi-Public and Educational.
Zoning: Townwide 6th Cycle Housing Sites: Single Family Residential (R-1A); Single Family Residential (R-1B); Public Facilities and Schools (PFS); and Park and Open Space (POS) districts.
Description of project: The proposed project is adoption of the 6th Cycle of the Town of Atherton’s Housing Element, a Zoning Ordinance Amendment to implement the policies and programs of the Housing Element, including adoption of objective design standards and development standards for multifamily housing (density, height, setbacks and parking, etc.), and adoption of an Inclusionary Housing Ordinance (collectively, the “Project Description”).
Surrounding land uses and
setting:
The Housing Element and Zoning Code updates encompasses the entire Town of Atherton, which is bounded by the cities of Menlo Park, Redwood City, Woodside, and unincorporated portions of San Mateo County. The Town’s primary existing land use is low-density residential development. The housing sites identified in the 2023 – 2031 Housing Element are surrounded by properties with General Plan designations of either Single Family Residential Low Density, Public Facilities and Schools, or Parks and Open Space.
Other public agencies whose
approval is required:
California Department of Housing and Community Development (HCD) California Native American
tribes traditionally and
culturally affiliated with the
project area that have
requested consultation:
The Town of Atherton carried out notification to the Amah Mutsun Tribal Band of Mission San Juan Bautista, Costanoan Rumsen Carmel Tribe, Indian Canyon Mutsun Band of Coastanoan, the Ohlone Indian Tribe, Wuksachi Indian Tribe/Eshom Valley Band, and the Tamien Nation in accordance with AB 52 and SB 18. None of the tribes requested consultation during the notification period.
Town of Atherton
2023 – 2031 Housing Element ii Initial Study/Mitigated Negative Declaration 2474551.1 14537.003
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Town of Atherton
2023 – 2031 Housing Element and Zonning Code Updates iii Initial Study/Mitigated Negative Declaration 2474551.1 14537.003
2023 – 2031 6th CYCLE HOUSING ELEMENT UPDATE AND ZONING CODE UPDATE
CEQA ENVIRONMENTAL CHECKLIST AND INITIAL STUDY
TABLE OF CONTENTS PAGE #
1. INTRODUCTION ............................................................................................................................ 1
1.1. EXECUTIVE SUMMARY ............................................................................................................................... 1
1.2. PURPOSE AND INTENT .............................................................................................................................. 1
1.3. PUBLIC REVIEW ........................................................................................................................................ 2
2. PROJECT DESCRIPTION ................................................................................................................. 3
3. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ............................................................ 23
4. DETERMINATION (TO BE COMPLETED BY LEAD AGENCY) ....................................................... 23
5. EVALUATION OF ENVIRONMENTAL IMPACTS .......................................................................... 25
5.1. AESTHETICS ........................................................................................................................................... 25
5.2. AGRICULTURAL AND FORESTRY RESOURCES ............................................................................................. 30
5.3. AIR QUALITY .......................................................................................................................................... 34
5.4. BIOLOGICAL RESOURCES ........................................................................................................................ 40
5.5. CULTURAL RESOURCES ........................................................................................................................... 52
5.6. ENERGY ................................................................................................................................................. 56
5.7. GEOLOGY AND SOILS .............................................................................................................................. 60
5.8. GREENHOUSE GAS EMISSIONS ................................................................................................................ 66
5.9. HAZARDS/HAZARDOUS MATERIALS ......................................................................................................... 71
5.10. HYDROLOGY AND WATER QUALITY .......................................................................................................... 77
5.11. LAND USE AND PLANNING ...................................................................................................................... 85
5.12. MINERAL RESOURCES ............................................................................................................................. 90
5.13. NOISE ................................................................................................................................................... 91
5.14. POPULATION AND HOUSING ................................................................................................................... 96
5.15. PUBLIC SERVICES .................................................................................................................................... 99
5.16. RECREATION ........................................................................................................................................ 103
5.17. TRANSPORTATION AND CIRCULATION .................................................................................................... 106
5.18. TRIBAL CULTURAL RESOURCES .............................................................................................................. 113
5.19. UTILITIES AND SERVICE SYSTEMS ........................................................................................................... 116
5.20. WILDFIRE ............................................................................................................................................. 121
5.21. MANDATORY FINDINGS OF SIGNIFICANCE (CAL. PUB. RES. CODE §15065) .............................................. 126
6. REFERENCE DOCUMENTS ......................................................................................................... 128
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LIST OF FIGURES
FIGURE 1: ATHERTON REGIONAL LOCATION MAP ...................................................................................... 13 FIGURE 2: GENERAL PLAN LAND USE DESIGNATIONS ................................................................................ 14 FIGURE 3: HOUSING ELEMENT UPDATE 6TH CYCLE SITES (1 OF 4) ............................................................. 15 FIGURE 4: HOUSING ELEMENT UPDATE 6TH CYCLE SITES (2 OF 4) ............................................................. 16 FIGURE 5: HOUSING ELEMENT UPDATE 6TH CYCLE SITES (3 OF 4) ............................................................. 17 FIGURE 6: HOUSING ELEMENT UPDATE 6TH CYCLE SITES (4 OF 4) ............................................................. 18 FIGURE 7: 6TH CYCLE SITES LAND USE DESIGNATIONS ............................................................................... 19 FIGURE 8: 6TH CYCLE SITES ZONING ............................................................................................................... 20 FIGURE 9: ZONING DESIGNATION.................................................................................................................. 21
LIST OF TABLES
TABLE 1: RHNA ALLOCATION ............................................................................................................................ 5 TABLE 2: NET RHNA – PROJECTED DWELLING UNITS .................................................................................... 6 TABLE 3: VACANT SITES ..................................................................................................................................... 7 TABLE 4: ADDITIONAL MULTI-FAMILY RESIDENTIAL OPPORTUNITY SITES ................................................ 8
Town of Atherton
2023 – 2031 Housing Element v Initial Study/Mitigated Negative Declaration 2474551.1 14537.003
LIST OF ACRONYMS
ASSEMBLY BILL AB
ABOVE MEAN SEA LEVEL AMSL
BAY AREA AIR QUALITY MANAGEMENT DISTRICT BAAQMD
BEST MANAGEMENT PRACTICES BMP
BRITISH THERMAL UNIT BTU
CALIFORNIA AIR RESOURCES BOARD CARB
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE CDFW
CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION CAL FIRE
CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL DTSC
CALIFORNIA EMISSIONS ESTIMATOR MODEL CALEEMOD
CALIFORNIA ENDANGERED SPECIES ACT CESA
CALIFORNIA ENERGY COMMISSION CEC
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY ACAL-EPA
CALIFORNIA ENVIRONMENTAL QUALITY ACT CEQA
CALIFORNIA NATURAL DIVERSITY DATABASE CNDDB
CALIFORNIA REGISTER OF HISTORICAL RESOURCE CRHR
CALIFORNIA SURFACE MINING AND RECLAMATION ACT SMARMA
CARBON DIOXIDE EQUIVALENT CO2E
CARBON MONOXIDE CO
CLEAN WATER ACT CWA
COMMUNITY NOISE EQUIVALENT LEVEL CNEL
EMERGENCY VEHICLE ACCESS EVA
ENVIRONMENTAL IMPACT REPORT EIR
ENVIRONMENTAL SITE ASSESSMENT ESA
EXECUTIVE ORDER EO
FEDERAL EMERGENCY MANAGEMENT AGENCY FEMA
FEDERAL ENDANGERED SPECIES ACT FESA
FIRE HAZARD SEVERITY ZONES FHSZ
FLOOD INSURANCE RATE MAPS FIRM
GREENHOUSE GASES GHG
HISTORICALLY RECOGNIZED ENVIRONMENTAL CONDITIONS HREC
INITIAL STUDY IS
INSTITUTE OF TRANSPORTATION ENGINEERS ITE
LEAKING UNDERGROUND STORAGE TANK LUST
LEVEL OF SERVICE LOS
LOW IMPACT DEVELOPMENT LID
MEGAWATT HOURS MWH
METHANE CH3
METRIC TONS MT
MIGRATORY BIRD TREATY ACT MBTA
Town of Atherton
2023 – 2031 Housing Element vi Initial Study/Mitigated Negative Declaration 2474551.1 14537.003
MILLION GALLONS PER DAY MGD
MITIGATED NEGATIVE DECLARATION MND
MITIGATION MONITORING AND REPORTING PROGRAM MMRP
MOST LIKELY DESCENDENT MLD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM NPDES
NATIONAL REGISTER OF HISTORIC PLACES NRHP
NATIVE AMERICAN HERITAGE COMMISSION NAHC
NITROGEN OXIDES NOX
NORTHWEST INFORMATION CENTER NWIC
NOTICE OF INTENT NOI
OFFICE OF PLANNING AND RESEARCH OPR
PARTICULATE MATTER PM
PEAK PARTICLE VELOCITY PPV
POUNDS PER DAY LBS/DAY
PUBLIC RESOURCES CODE PRC
REACTIVE ORGANIC GASES ROG
RECOGNIZED ENVIRONMENTAL CONDITIONS REC
REGIONAL TRANSPORTATION PLANNING AUTHORITY RTPA
REGIONAL WATER QUALITY CONTROL BOARD RWQCB
SENATE BILL SB
STATE OFFICE OF EMERGENCY SERVICES OES
STATE RESPONSIBILITY AREA SRA
STATEWIDE INTEGRATED TRAFFIC RECORDS SYSTEM SWITRS
STORMWATER POLLUTION PREVENTION PLAN SWPPP
TOXIC AIR CONTAMINANTS TAC
TRAFFIC ANALYSIS ZONE TAZ
TRAFFIC IMPACT STUDY TIS
TRANSPORTATION DEMAND MANAGEMENT TDM
TRIBAL CULTURAL RESOURCES TCR
UNITED STATES DEPARTMENT OF AGRICULTURE USDA
UNITED STATES FISH AND WILDLIFE SERVICE USFWS
UNREINFORCED MASONRY URM
VEHICLE MILES TRAVELED VMT
WILDLAND-URBAN INTERFACE WUI
Town of Atherton
2023 – 2031 Housing Element 1 Initial Study/Mitigated Negative Declaration 2474551.1 14537.003
1. INTRODUCTION
1.1. EXECUTIVE SUMMARY
State Housing Element statutes (California Government Code [CGC] Sections 65580–65589.9) mandate that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The Town of Atherton 6th Cycle Housing Element Update 2023 – 2031 has been prepared to comply with these state statutes within the context of the physical and socio-economic conditions unique to Atherton and spans the eight-year planning period from 2023 – 2031. Furthermore, the Town of Atherton will update the Zoning Ordinance to implement the policies and programs contained in the 2023-2031 Housing Element. The Town is also considering adoption of an Inclusionary Housing Ordinance to effectuate the programs and policies. This environmental document analyzes those impacts should the Town wish to adopt that ordinance.
1.2. PURPOSE AND INTENT
This Initial Study has been prepared in conformance with CEQA (California Public Resources Code [PRC] Section 21000 et seq.); CEQA Guidelines (California Code of Regulations [CCR], Title 14, Division 6, Chapter 3, Section 15000 et seq.); and the rules, regulations, and procedures for implementation of CEQA, as adopted by the Town of Atherton.
In accordance with CEQA Guidelines Sections 15051 and 15367, the Town of Atherton is identified as the Lead Agency for the proposed project. Under CEQA (Public Resource Code Sections 21000-21177) and pursuant to CEQA Guidelines Section 15063, the Town is required to undertake the preparation of an Initial Study to determine if the proposed project would have a significant environmental impact.
This Initial Study/Mitigated Negative Declaration (IS/MND) for the Town of Atherton 6th Cycle Housing Element 2023 – 2031 and Zoning Code Update/Inclusionary Ordinance (hereinafter collectively referred to as the “project”) has been prepared by the Town of Atherton in full accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines.
This IS/MND is intended to inform Town decision-makers, responsible agencies, interested parties and the general public of potential environmental impacts associated with adoption and implementation of the 2023 – 2031 Housing Element. This IS/MND is also intended to provide the CEQA-required environmental documents for all town, regional, and state approvals or permits that might be required to implement the proposed project.
CEQA Guidelines Section 15063(c) lists the following purposes of an Initial Study:
1. Provide the Lead Agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or a Negative Declaration.
2. Enable an Applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby possibly enabling the project to qualify for a Negative Declaration.
3. Assist in the preparation of an EIR, if one is required.
4. Facilitate environmental assessment early in the design of a project.
5. Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment.
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6. Eliminate unnecessary EIRs.
7. Determine whether a previously prepared EIR could be used with the project.
The Town of Atherton, as the lead agency, has conducted an Initial Study to determine the level of environmental review necessary for the proposed project. Consistent with Section 15070(b) of the CEQA Guidelines, the Initial Study identified potentially significant impacts, however, with implementation of mitigation measures identified herein, all potentially significant impacts would be reduced to less than significant. Based on the Environmental Checklist form and supporting environmental analysis contained herein, the proposed project’s impacts on the following issue areas would be less than significant with the implementation of mitigation: Air Quality, Biological Resources, Cultural Resources, Green House Gas, Noise, Transportation and Circulation, and Tribal Cultural Resources. As stated previously, all impacts would be less than significant after mitigation, and as such, the Town of Atherton as the lead agency has determined that a Mitigated Negative Declaration is the appropriate level of environmental review.
1.3. PUBLIC REVIEW
In accordance with CEQA and the state CEQA Guidelines, a 30-day public review period for the project begins on May 10, 2024 and will conclude on June 10, 2024. This IS/MND has been distributed to interested or involved public agencies, organizations, and private individuals for review. In addition, the IS/MND has been made available for general public review at the following location:
Town of Atherton
Planning Department
80 Fair Oaks Lane
Atherton, CA 94027
Planning Counter Hours: 8:00 am to 11:00 am, 1:00 pm to 4:00 pm, Tuesday/Thursday The document was also made available on the Town’s website at:
https://www.ci.atherton.ca.us/627/Housing-Element-Update During the public review period, the public also has the opportunity to provide written comments on the information contained within this IS/MND.
In reviewing the IS/MND and as articulated in Section 15204(a) of the CEQA Guidelines, affected public agencies and interested members of the public should focus on the sufficiency of the document in identifying and analyzing potential impacts on the environment from the proposed project, and ways in which the significant effects of the project can be avoided or mitigated. Pursuant to Section 15204(b) of the CEQA Guidelines, public agencies and persons should focus on the proposed finding that the project will not have a significant effect on the environment. If a public agency or person believes that the proposed project may have a significant effect, they should:
1. Identify the specific effect;
2. Explain why they believe the effect would occur; and
3. Explain why they believe the effect would be significant.
Finally, per Section 105204(c), reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts.
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Comments on the IS/MND should be submitted in writing and received by the Town of Atherton prior to the end of the 30-day public review period on June 10, 2024. Written comments should be submitted to:
Brittany Bendix, Contract Town Planner
Town of Atherton
Planning Department
80 Fair Oaks Lane
Atherton, CA. 94027
Phone: 408-688-2432
Email: [email protected]
2. PROJECT DESCRIPTION
The proposed Project consists of a comprehensive update to the Housing Element and Zoning Code Update/Inclusionary Housing Ordinance to implement the Housing Element programs.
State Housing Element Requirements
Since 1969, California has required that all cities and counties adequately plan to meet the housing needs of the community. These requirements are promulgated in Government Code Section 65580 et seq., which establish the State’s housing policies and identifies the responsibilities of a municipality to facilitate the improvement and development of housing to make adequate provisions for the housing needs of all economic segments of the community. These State policies establish the contents and process that local governments must follow in preparing their housing elements. Pursuant to Government Code Section 65583, the housing element must include:
1. Analysis of demographic, social, and housing characteristics, current and future housing needs due to population growth and change, and other factors affecting housing need;
2. Analysis of governmental and nongovernmental constraints that affect the development, maintenance, and improvement of housing for all income groups and people with disabilities;
3. Inventory of resources available to address the Town’s housing needs, including available land for housing, as well as the financial resources and administrative capacity to manage housing programs; and
4. Specific actions or programs to address the development, improvement, and conservation of housing to meet current and future needs. This includes goals, policies, and specific housing programs.
It is the State Department of Housing and Community Development's responsibility to administer and ensure local government compliance with Housing Element Law.
Project Location
The Town of Atherton is an incorporated town in San Mateo County, as shown Figure 1 Atherton Regional Location Map. Atherton is bounded by portions of unincorporated San Mateo County and the jurisdictions of Redwood City on the north, Menlo Park on the east and south, and Woodside on the west.
Existing Land Uses
The Town has an area of approximately 3,600 acres or 5.6 square miles; 89% of which is residential, 5% parks and open space, and 6% public and private schools and municipal facilities. The Town has been primarily developed with lower density residential uses, with no commercial or industrial uses. The Town of Atherton has minimal vacant available land for development.
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General Plan and Zoning Designations
The Town of Atherton contains three land use categories:
1. Single Family, Low Density
2. Parks and Open Space
3. Public, Quasi-Public, and Educational
The Single Family Residential Low Density General Plan designation is applied to all residential areas within the Town of Atherton and allows either one (1) or three (3) units per net acre. This land use designation allows a conventional single-family detached home with the additional use of an accessory dwelling unit (ADU), junior accessory dwelling unit (JADU), and other uses identified in the Town’s Municipal Code. The Town’s land use diagram is shown in Figure 2 Land Use Designations.
The corresponding zones to the Town’s General Plan land use designations are: Residential District R-1A and R-1B (single family residential), Park and Open Space District (POS), and Public Facilities and Schools District (PFS).
Description of Project
The project is the adoption and implementation of the Town of Atherton’s Housing Element and Zoning Code updates, and Inclusionary Housing Ordinance (“Project”). The 2023 – 2031 Housing Element update includes the following components, however, CEQA focuses on what aspect of the Housing Element will or could result in impacts on the environment:
Introduction: An introduction and overview of the 2023-2031 Housing Element purpose, process, definitions, RHNA Allocation and relationship to other elements. Assessment of Housing Needs: A discussion of the Town’s demographic and economic characteristics, housing and household descriptions including sales and rental prices, and special housing needs.
Fair Housing Assessment: This section provides an overview of Assembly Bill (AB) 686, a law designed to enforce fair housing throughout the state, an assessment of fair housing issues in the region, access to opportunities, disparate housing needs, a site inventory analysis, and findings of contributing factors to fair housing issues and implementation actions. Housing Resources: This section provides an inventory of sites suitable for residential development, an analysis of zoning that encourages and facilitates a variety of housing types, and adequate sites for emergency shelters, transitional and supportive housing, and farm worker housing. Constraints on Housing: This section identifies governmental and non-governmental constraints on housing in the Town of Atherton.
Review of the 2015-2022 Housing Element: This section reviews the effectiveness of the 5th Cycle Housing Element, progress in implementing it, and future opportunities for housing. Housing Goals, Quantified Objectives, and Policies: This section identifies the goals, objectives, and policies of the Housing Element.
Housing Programs: This section includes a list of the programs that will help achieve these goals and policies, and a summary of objectives with general timeframes in which those objectives might
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be achieved, along with the agency responsible for implementing the program. Some programs of the Housing Element require implementation through Zoning Code modifications and are considered in this study.
Community Engagement: This section describes the efforts to engage the community in preparing the Housing Element update. During this planning period, the Town held several public meetings to discuss the proposed strategies with the community and solicit public input. The Town also partnered with 21 Elements and the Let’s Talk Housing effort to engage with current and potential beneficiaries of housing programs and services and their advocates. Appendices: The appendices summarize the 21 Elements survey analysis, ABAG/MTC Housing Needs Data Reports, AFFH Atherton Map, San Mateo County-wide housing needs, housing element site inventory form, Menlo College Faculty and Staff Housing Considerations, and correspondence from an interested property owner.
Regional Housing Needs Allocation (RHNA)
In accordance with Government Code §65584, projected housing needs for each city and county in the San Francisco Bay area region are prepared by the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) under a process known as the Regional Housing Needs Assessment (RHNA). The RHNA allocates regional housing needs by income level among member jurisdictions.
California law established the planning period for the current RHNA from 2023 to 2031. ABAG’s RHNA allocation for Atherton during this period is 348 units. The 348 units for Atherton are out of the anticipated construction need of 441,176 additional housing units in the ABAG region. Atherton’s 348 units are distributed into Very Low Income, Low Income, Moderate Income, and Above Moderate-Income categories.
Each category is defined by households falling into a certain percentage of the Area Median Income (AMI) as shown in Table 1 RHNA Allocation.
TABLE 1: RHNA ALLOCATION
Income Category 6
th Cycle RHNA 10% Buffer Units Total Units Percent
Extremely Low / Very Low 94 9 103 26%
Low 54 5 59 16%
Moderate 56 6 62 18%
Above Moderate 144 14 158 40%
Total 348 34 382 100%
Comparison of Site Inventory and RHNA
In addition to the proposed goals, objectives, policies, and programs to meet its RHNA, Atherton factored in programs including, but not limited to, a Residential Medium overlay zone (RM-10) at 10 dwelling units per acre (du/ac) at eight sites within the R1-A zone (23 Oakwood, as included in the adopted Housing Element, and seven additional sites located at 999 Ringwood Avenue; 352, 318, and 296 Bay Road; and 175, 185 and 197 Ravenswood Avenue). The 2023-2031 Housing Element, as adopted, also includes programs to encourage development of vacant sites, accessory dwelling units (ADUs), lot splits (under the 2022 state law for urban lot splits; SB 9) and application of RM-20 and RM-40 overlay zones to private schools within the PFS zone, facilitating development at densities of 20 du/ac and 40 du/ac, respectively. Additional updates to the Housing Element and included in the Project, apply an RM-10 overlay on developed portions of sites within the POS zone, including the California Water Service site, the Circus Club, and the Gilmore House. The
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total amount of projected net new housing units and their anticipated affordability levels are summarized in Table 2 Net RHNA Projected Dwelling Units.
TABLE 2: NET RHNA – PROJECTED DWELLING UNITS
Very Low
& Low Moderate Above Moderate Total New
Housing Units 0-80% AMI 81-120% AMI >120% AMI
Projected Dwelling Units
ADUs 168 84 28 280
Lot Splits (SB 9) 0 0 48 48
Vacant Sites 0 0 9 9
RM 10 (23 Oakwood) 4 0 12 16
PFS (Private Schools) 96 95 0 191
Multi-Family Residential
Opportunity Sites 17 34 34 85
Dwelling Unit Total 229 185 215 629
Total Net New Units Above or
below RHNA +81 +129 +71 +281
Anticipated Accessory Dwelling Units (ADUs)
The 2016 through 2020 updates to State law – Assembly Bill (AB) 2299 (2016), Senate Bill (SB) 1069 (2016), AB 494 (2017), SB 229 (2017), AB 68 (2019), AB 881 (2019), AB 587 (2019), SB 13 (2019), AB 670 (2019), AB 671 (2019), and AB 3182 (2020) – included changes pertaining to the allowed size of ADUs, permitting ADUs by right in at least some areas of a jurisdiction, and limits on parking requirements related to ADUs. More recent bills reduce the time to review and approve ADU applications to 60 days, remove lot size and replacement parking space requirements, and require local jurisdictions to permit junior ADUs (JADUs). On March 20, 2024, the Town adopted an ordinance to implement these laws along with local regulation that offer property owners the option to build ADUs that are subject to state law restrictions or build larger units if the developer provides greater setbacks and complies with additional requirements.
In 2021 and 2022, the Town of Atherton experienced the construction of 44 new ADUs. Based on this trend, the Town projects an average of 35 new ADUs per year over the next eight (8) years. The Housing Element includes programs to amend the zoning code to facilitate ADU and JADU construction. This IS/MND analyzes the environmental impacts of updating the Zoning Code to facilitate ADU and JADU construction as an approach to providing greater housing options available to low and very low-income households.
SB 9
Senate Bill 9 (SB 9) waives discretionary review and public hearings for building two homes on a parcel in a single-family zone and subdividing a lot into two that can be smaller than the previously required minimum size. In early 2022, the Town adopted an implementing ordinance consistent with state law to provide property owners clarity for the development opportunities under SB 9. The ordinance allows new lots to be created under the provisions of SB 9 to utilize the existing development standards for the base zoning district. A new residence built on a lot created through an SB 9 lot split can use the same setbacks, floor area ratio, building heights and other standards as provided for any existing lot in the same zoning district.
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It is projected that approximately 48 new above moderate-income housing units will result from lot splits and new housing development facilitated by the 2021 SB 9 State law (GC section 65852.21) during the 2023- 2031 Planning Period. There are 606 lots of an acre or greater in size, and Atherton received six (6) applications in 2022 and an additional six (6) inquiries that would result in a total of 23 new dwelling units.
There were 33 inquiries in 2023. Since September 2023 six SB 9 applications have been approved and recorded, and two additional applications are under review.
Vacant Sites
The Town of Atherton surveyed all Town parcels to determine adequate sites for housing. There is little vacant developable land in the Town, and most of the Town's land acreage is developed at existing General Plan densities. However, the Town did identify eight (8) undeveloped sites that it expects would provide single-family housing at the above-moderate income level. These sites are listed in Table 3 Vacant Sites.
TABLE 3: VACANT SITES
Site
ID
Lot
Acres APN Address Current Zoning
Max. Primary
Units under
current Zoning
Potential Net
New Primary
Units under SB-9
Reason not selected
as Opportunity Site
V1 1.42 070-343-100 97 Santiago Ave. R-1A 1 4
SB-9 application filed.
City Council decision
on 7/19/23.
V2 2.12 070-012-270 Polhemus Ave. R1-A 2 4
City Council decision
on 7/19/23. Discussed
as part of 290
Polhemus Ave.
V3 1.13 070-180-400 95 Faxon Road R1-A 1 4
Not fully vacant.
Improved with tennis
court, landscaping &
walkways. Serves as
extended rear yard of
adjacent property.
V4 0.95 070-180-340 12 Faxon Forest
Road R1-A 1 4
Not located on major
road or near public &
private services.
V5 0.85 070-180-350 16 Faxon Forest
Road R1-A 1 4
Not located on major
road or near public &
private services.
V6 1.00 070-180-290
No Address
(Located between 7 &
11 Faxon Forest Rd.)
R1-A 1 4
Not located on major
road or near public &
private services.
V7 1.78 070-131-010 15 Monte Vista Ave. R1-A 1 4
Not fully vacant.
Portion occupied by
existing house. Part of
a larger estate, approx.
12.6 acres.
V8 0.98 070-180-020 25 Monte Vista Ave. R1-A 1 4
Not fully vacant.
Portion occupied by
existing house. Part of
a larger estate, approx.
12.6 acres.
TOTAL PRIMARY HOUSING UNITS 9 32
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Residential Sites Inventory
An important component of the Town of Atherton Housing Element is the identification of sites for future housing development, and an evaluation of the adequacy of those sites in fulfilling the Town’s share of regional housing needs. To accomplish this, all town parcels were surveyed to determine their development capacity. Due to limited vacant and underutilized sites in Atherton, the Town has selected candidate sites for rezoning. Each site was analyzed in light of the development standards for its proposed zoning designation and standards identified in the Housing Element Update. All parcels in Atherton were evaluated through a process of elimination based on required criteria set by the State (HCD).
Multi-Family Residential Opportunity Sites
The Town has identified an additional seven (7) sites as multi-family residential opportunity sites within the R1-A zone and the three (3) sites zoned as POS for inclusion in the Housing Element update. These sites are in addition to the multi-family sites already included in the Atherton Housing Element adopted on January 31, 2023. The Town is proposing to either rezone or adopt an overlay zone on these seven additional properties to facilitate multi-family housing at a density of up to 10 dwelling units per acre (du/ac). The Housing Element does not institute the rezoning or zoning overlay, but rather these are recommended legislative actions that would be implemented after adoption and certification of the Housing Element update. This document analyzes the impact on the environment should those additional sites be developed at their maximum allowable capacity. A list of sites for multi-family residential opportunities is identified in Table 4. Potential units were calculated and would yield a total of 85 units on approximately 8.54 acres of land. The Zoning Code changes necessary to facilitate development of these additional multi-family residential sites and the sites included in the adopted housing element are discussed in the next section.
TABLE 4: ADDITIONAL MULTI-FAMILY RESIDENTIAL OPPORTUNITY SITES Site ID Address Lot
Acres Existing Zoning Proposed Zoning Overlay
Proposed Net Residential
Units from Zoning Overlay
MFO-1 999 Ringwood Ave. 0.90 R-1A RM-10 9
MFO-2 352 Bay Rd. 0.92 R-1A RM-10 9
MFO-3 318 Bay Rd. 0.94 R-1A RM-10 9
MFO-4 296 Bay Rd. 0.93 R-1A RM-10 9
MFO-5 175 Ravenswood 1.1 R-1A RM-10 11
MFO-6 185 Ravenswood 1.1 R-1A RM-10 11
MFO-7 197 Ravenswood 1 R-1A RM-10 10
MFO-8 Gilmore House 0.90 POS RM-10 9
MFO-9 Circus Club 0.50 POS RM-10 5
MFO-10 Cal Water 0.25 POS RM-10 3
TOTALS 8.54 85
Zoning Code Changes
Implementation of the Housing Element as previously adopted and including updates would effectuate the following zoning changes to the Atherton Zoning Code:
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Ministerial Review. The Project will facilitate ministerial review and approval for all housing sites, unless they otherwise require discretionary actions.1 Pursuant to CEQA Guidelines Section 15268, ministerial projects are exempt from the requirements of CEQA. In the event that a project that is facilitated by the Housing Element and Zoning Code updates is eligible for ministerial review, any mitigation measures identified in this Initial Study will not apply. Additionally, if the site remains privately owned, the Town cannot conduct mitigation on its own. In an effort to ensure baseline mitigations, the Town may consider incorporating broad mitigations into the Zoning Code or other Town policies. For example, Mitigation Measure AQ-1 as included in this study applies Best Management Practices established by the Bay Area Air Quality Management District (BAAQMD) for construction activities to all sites.
RM-10 Overlay Zones. Implementation of the Housing Element would institute an overlay zone on three sites located within the Public Open Space (POS) zone and eight sites within the Residential District R1-A zone:
o Public Open Space (POS) Sites: The Project proposes an amendment to the Town’s Zoning Code of an RM-10 overlay to permit multifamily residential uses in the developed areas of properties in the Public Open Space (POS) zone. This includes the following: approximately
0.9 acres of Holbrook Palmer Park, occupied by the Gilmore House (MFO-8); approximately
0.5 acres of developed portions of the Circus Club (MFO-9); and approximately 0.25 acres of portions of the California Water Service site (MFO-10) at Bear Gulch Reservoir that are currently developed with offices or an ancillary off-street parking area.
The existing standards for development in the POS zone include a height limit of 34 feet, maximum lot coverage of 20 percent gross lot area, minimum front and rear yard setbacks of 60 feet and minimum side yard setbacks that range according to lot width from 10 to 50 feet. Caretaker housing is permitted with approval of a conditional use permit. o 23 Oakwood: The adopted Housing Element proposes an amendment to the Town’s Zoning Code of an RM-10 overlay zone to permit multifamily residential uses at 23 Oakwood Boulevard, a site in the R1-A zone.
The existing standards for development in the R1-A zone include a height limit of 34 feet, maximum floor area ratio of 18 percent, minimum front and rear yard setbacks of 60 feet and minimum side yard setbacks that range according to lot width from 10 to 50 feet. Multifamily housing is not permitted in R1-A zone. o Additional R-1 Sites: As described above, the Town has identified seven (7) additional sites as multi-family residential opportunity sites for inclusion in the Housing Element Update.
The Town is proposing to either rezone or adopt an overlay zone on these seven additional properties to facilitate multi-family housing at a density of up to 10 dwelling units per acre (du/ac). All seven sites are within the R1-A zone.
RM-10 Zoning Code updates would facilitate ministerial approval for on-site multifamily in-fill development at a maximum density of 10 du/ac, a maximum building height of up to 4 stories or 40 feet, and minimum setbacks no less than 10 feet to accommodate the 10 du/ac density and 1 If a project that is facilitated by the Housing Element and Zoning Code updates requires discretionary actions, it may be an indication that the project requires further CEQA analysis and exceeds the scope of impacts analyzed in this Initial Study. This determination will be made upon submittal of the project and preliminary review.
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accessory buildings, structures and parking. The Project also includes adoption of Objective Design Standards. Additional landscaping standards are included to supplement the Town’s existing landscaping requirements and the perception of the building mass from scenic vistas. RM-20 and RM-40 Overlay Zones: Implementation of the Housing Element would institute an overlay zone on six sites located within the Public Facilities and Schools District (PFS) zone:
o Menlo College – 1000 El Camino Real; Site 1: The existing O’Brien surface parking lot at the southwest corner of El Camino Real and Alejandra Avenue is approximately 75,000 square feet (1.7 acres) in area. The site is level and currently contains a paved parking lot. The College has expressed interest in developing 60 dwelling units at this site. The lot is surrounded by mature vegetation. Development anticipated by the Town’s adopted Housing Element includes the construction of a multi-family housing building with podium parking at ground level and three-stories of housing above, or below grade parking. Parking provided by the existing surface parking lot would be replaced to meet the needs of the college. o Menlo College – 1000 El Camino Real; Site 2: There are four residences located on the campus in World War II era houses that are currently utilized for faculty housing (Apartment 8B). Demolition of these residences would accommodate 30 apartment units, resulting in a net increase of 26 multifamily housing units.
o Menlo College – 1000 El Camino Real; Site 3: The College has identified a site that is viable for a multi-story multi-family development of approximately 40 units. The site, near the Administration Building, is currently used as parking. The school has indicated that additional parking could be developed near the entry to the College, off El Camino Real. o Menlo School – 50 Valparaiso Avenue; Site 1: A surface parking located at the southwest corner of the campus with frontage on Valparaiso Avenue and the school entry drive, approximately 56,000 square feet (sf.) would have an overlay zone that permits 20 dwelling units per acre with objective design standards. This site would yield 25 dwelling units. o Menlo School – 50 Valparaiso Avenue; Site 2: An approximately 44,000 sf. surface parking lot located at the southeast corner of the campus, with a frontage on Valparaiso Avenue and the school entry drive. With an overlay zone that permits 20 dwelling units per acre with objective design standards, this site could yield approximately 20 dwelling units. o Sacred Heart – 150 Valparaiso Avenue: There are currently five (5) apartment units on the campus and housing for retired Nuns at Oakwood. The school anticipates this facility being renovated in the future to accommodate faculty housing which would be allowed under the PFS Zoning with an amendment for a density of 20 units per acre. The site would yield approximately 20 units.
Existing PFS zone development standards require multi-family residential uses that can accommodate housing for very low- and low-income households associated with the primary nonresidential use of property on the same site. Where a master plan for a private school has been prepared and filed with the Town for public record that includes multifamily residential uses, such uses shall be subject to Planning Commission public hearing and review of the location, size, proximity to heritage trees and environmental aspects of the project; but shall not result in the denial of the use. The Atherton General Plan and Zoning Code do not have a stated allowed density
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for PFS sites, and require a maximum height of 34 feet, minimum 60-foot setbacks from the front and rear property lines, and minimum side yard setbacks of no less than 50 feet.
Zoning Code amendments necessary to facilitate ministerial multifamily development at the PFS sites include establishment of overlays that facilitate densities of 20 du/ac and 40 du/ac.
Development standards would allow a maximum height of 48 feet or 4 stories and require setbacks from adjacent properties no less than 20 feet for main buildings. The Project also includes adoption of Objective Design Standards. Additional landscaping standards are included to supplement the Town’s existing landscaping requirements and the perception of the building mass from scenic vistas, parks and open spaces.
On-Site Parking: The Town does not have on-site parking requirements; therefore, the Town must adopt on-site parking standards to accommodate potential multifamily developments. Analysis of increased trips attributed to multifamily housing is addressed in Section 5.17 Transportation and Circulation of this report.
Additional Housing Programs: Implementation of the Housing Element and Zoning Code updates result in broader housing options and choices within the Town. The following programs address additional state programmatic updates to Affirmatively Further Fair Housing and address environmental injustices:
o Allowing Permanent Supportive Housing by-right in use zones where multi-family and mixed-uses are permitted; and a by-right allowance for 100% affordable housing that has 25%, or 12 units, of permanent supportive housing where multi-family or mixed-use housing is permitted.
o Permitting Low Barrier Navigation Centers in zones where multi-family and mixed uses are permitted.
o Permitting mobile homes and manufactured housing on a permanent foundation under the same manner as single-family homes.
o Allowing group homes for seven (7) or more residents in any district where residential uses are permitted.
o Permitting shelters, and amending their parking requirements, without discretionary action. General Plan Alignment: The Project includes an update to the Zoning Code and Subdivision Ordinance to align with General Plan’s stated minimum lot area per dwelling of 13,500 square feet (0.31 acres) in the R1-B zone.
Inclusionary Housing Ordinance
Implementation of the Housing Element includes the adoption of an inclusionary housing ordinance that would require the construction of affordable housing units or payments of an in-lieu fee. For multifamily housing developments, the program would require either a minimum of 20 percent of the new units included in the development to be affordable to lower-income households or payment of an in-lieu fee. For new single-family developments, the program would require either construction of an affordable deedrestricted ADU or JADU, or payment of an in-lieu fee. The collection of impact fees related to the inclusionary housing program would support development of affordable housing opportunities within the Town.
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General Plan Amendment
The Housing Element update is an amendment to the Town’s General Plan. However, to implement the suggested height limits within the Zoning Code update, the Project includes an amendment to Policy LU-1.4:
Structure higher than 34 feet shall be prohibited. As described above, the maximum height limit included in the Project facilitates a building of 48 feet tall in the PFS zone.
Additional Sites
In the event additional sites are considered for multi-family development, the appropriate environmental document will be prepared and circulated for public review prior to re-zoning and/or amendments to the Housing Element being considered or approved by the Town.
Required Discretionary Actions
Adoption of the 2023 – 2031 Housing Element, Zoning Code Amendments (including objective design standards and development standards for multifamily housing) and an Inclusionary Housing Ordinance.
Other Public Agency Review
Approval of the Housing Element by the California Department of Housing and Community Development (HCD).
California Native American Tribal Consultation
In accordance with AB 52 (PRC Section 21084.2), lead agencies are required to initiate consultation with a tribe with traditional and/or cultural affiliations in the geographic area where a subject project is located if a project may cause a substantial adverse change in the significance of a tribal cultural resource. Should the tribe respond requesting formal consultation, the lead agency must work with the tribe or representative thereof to identify potential impacts and develop avoidance or mitigation measures to reduce potential impacts to tribal cultural resources.
In addition, SB 18 (GC Section 65352.3) requires lead agencies to contact and consult with California Native American tribes prior to amending or adopting any general plan, specific plan, or designating land as open space. In accordance with AB 52 and SB 18, notification of the proposed project was mailed to the following tribes on June 20, 2023:
Amah Mutsun Tribal Band of Mission San Juan Bautista
Costanoan Rumsen Carmel Tribe
Indian Canyon Mutsun Band of Costanoan
The Ohlone Indian Tribe
Wuksachi Indian Tribe/Eshom Valley Band
Tamien Nation
No responses to the notification or requests to consult on the project were received.
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FIGURE 1: ATHERTON REGIONAL LOCATION MAP
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FIGURE 2: GENERAL PLAN LAND USE DESIGNATIONS
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FIGURE 3: HOUSING ELEMENT UPDATE 6
TH CYCLE SITES (1 OF 4)
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FIGURE 4: HOUSING ELEMENT UPDATE 6
TH CYCLE SITES (2 OF 4)
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FIGURE 5: HOUSING ELEMENT UPDATE 6
TH CYCLE SITES (3 OF 4)
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FIGURE 6: HOUSING ELEMENT UPDATE 6
TH CYCLE SITES (4 OF 4)
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FIGURE 7: 6
TH CYCLE SITES LAND USE DESIGNATIONS
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FIGURE 8: 6
TH CYCLE SITES ZONING
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FIGURE 9: ZONING DESIGNATION
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3. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact Unless Mitigation is Incorporated" as indicated by the checklist on the following pages.
Aesthetics Hazards & Hazardous Materials Recreation
Agricultural & Forestry Hydrology / Water Quality Transportation / Traffic X Air Quality X Land Use / Planning Tribal Cultural Resources X Biological Resources X Mineral Resources Utilities / Service Systems Cultural Resources X Noise X Wildfires
Geology / Soils Population / Housing Mandatory Findings of Greenhouse Gases X Public Services Significance
4. DETERMINATION (TO BE COMPLETED BY LEAD AGENCY)
The CEQA Initial Study (IS) Checklist and written explanations are provided in Section 4 below. The Initial Study Checklist and narrative indicate the level of significance of the potential environmental effects of the proposed project upon each of the noted environmental resources. On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
X
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 7/17/24
Brittany Bendix, Contract Town Planner Date
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5. EVALUATION OF ENVIRONMENTAL IMPACTS
The following discussion addresses the potential level of impact relating to each aspect of the environment.
5.1. AESTHETICS
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) In non-urbanized area, substantially degrade the
existing visual character or quality of public views
of the site and its surroundings? (Public views are
those that are experienced from publicly
accessible vantage point). If the project is in an
urbanized area, would the project conflict with
applicable zoning and other regulations governing
scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
Sources: Town of Atherton General Plan 2019; Town of Atherton General Plan 2019 Update Project, Draft Initial Study/ Mitigated Negative Declaration; Town of Atherton Green Infrastructure Plan, September 18, 2019; and Santa Cruz Mountains Bioregional Council website; City of Menlo Park’s 2016 General Plan Aesthetics Setting
The Town of Atherton is situated in the San Francisco “Peninsula” region and bounded by the Redwood City to the north, Menlo Park to the east and south, and Woodside to the west. The Town of Atherton is relatively level, except for areas that are west of Alameda de las Pulgas. The Santa Cruz Mountains are situated west of Atherton, reaching a height greater than 3,000 feet. The Atherton Channel is the primary waterway throughout the Town that flows eastward to Marsh Road, where it eventually combines with the Bayfront Canal.
As described in the Town’s General Plan, Atherton has evolved from country estates into residential communities consisting of lots from one-third of an acre and larger. Atherton’s character maintains a semi-rural environment in which streets are limited to two lanes maximum, except for El Camino Real. Important visual features are the tree lined streets that are found throughout the Town.
Atherton’s native trees, particularly the heritage oak trees, are preserved and maintained with high priority.
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The Junipero Serra Freeway (Interstate 280) is a formally designated State Scenic Highway, but it is located west of the Town limits. According to the Circulation Element, it is the Town’s policy to designate all streets and highways located in the Town as scenic routes. The Housing Element Update includes multifamily sites with frontage onto Ravenswood Avenue, Ringwood Avenue, and Bay Road, all of which are streets within the boundary of the City of Menlo Park. The City of Menlo Park’s 2016 General Plan does not identify these streets as scenic or vista corridors.
Applicable General Plan Goals, Objectives and Policies
The Town of Atherton’s General Plan sets forth goals, objectives, and policies intended to improve and enhance aesthetics, those particularly relevant to the 2023 – 2031 Housing Element Update include the following:
Land Use Element
Goal LU-1: To preserve the Town’s character as a scenic, semi-rural, thickly-wooded residential area with abundant open space.
Objective LU-1.2: To limit the nature of land uses to those which are compatible with the overall land use planning goal LU-1.
Objective LU-1.3: To retain the quality of life, character and existing in the Town’s residential neighborhoods.
Policy LU-1.2 The development of high density and/or high-rise residential structures or commercial uses of any kind would destroy the scenic, semi-rural and open space character of the Town, and is, therefore, prohibited.
Policy LU-1.3 Minimum new lot sizes in hillside areas (defined as areas with average cross slopes greater than 20 percent) shall be related to the slope and shall not be less than:
0 – 19% cross slope is a minimum lot size of 1 acre
20 – 34.9% average cross slope is a minimum lot size of 2 acres 35% + average cross slope is a minimum lot size of 5 acres. Policy LU-1.4 Structures higher than 34 feet shall be prohibited. Policy LU-1.5 Proposed residential subdivisions as well as proposals to replace existing homes, shall adhere to the following design criteria:
A. Maintenance of existing neighborhood environments shall be promoted by the design of the subdivision and subdivision improvements. Designs shall be visually harmonious and compatible with neighborhood character.
B. Adequate drainage and off-street parking shall be provided. Street lighting shall be kept to a minimum. Temporary or guest on-street parking areas shall be minimized.
C. Uniformity of lot design should be avoided by using such techniques as meandering streets.
D. Trees shall be preserved to the maximum extent feasible while allowing for construction within established parameters for setbacks and lot coverage in accordance with the Municipal Code chapter regulating removal of and damage to heritage trees.
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E. Residential land uses shall be designed in accordance with the density, floor area ratio, height, bulk and other standards established by the Town.
F. All utilities installed in conjunction with new subdivisions shall be placed underground.
G. Residential land uses shall be consistent with the goals, objectives and policies of the Atherton General Plan Housing Element.
H. Accessory dwelling units are permitted when consistent with adopted standards.
I. Privacy is a factor which shall be incorporated into subdivision, subdivision improvements and home design.
J. The Town allows minimum lot size subdivisions only where such minimum lot sizes do not significantly degrade established levels of privacy, wooded areas, and/or the open space environment.
K. Residential improvements shall follow the model policies developed for the San Mateo Countrywide Stormwater Pollution Prevention Program and the Town’s Green Infrastructure Plan 6 to minimize the discharge of pollutants into the waterways. Policy LU-1.6 The Town shall continue to preserve the open space characteristics of existing schools, churches, and park facilities.
Policy LU-1.7 Land uses which diminish the open space character of the Town, such as commercial and high-density residential uses, shall be prohibited. Policy LU-1.8 Maximize preservation of heritage trees and existing trees within a development site to the greatest degree feasible, consistent with the Heritage Tree Ordinance and Tree Preservation Standards and Specifications. Require new development to comply with the Town’s requirements for tree protection, removal, and replacement.
Policy LU-1.9 Identify and implement green infrastructure opportunities for stormwater management including those recognized in the Town’s Green Infrastructure Plan. Green infrastructure facilities should reflect the Town’s visual semi-rural character.
Goal LU-3: Assure development of private schools continue to reflect the Town’s character as a scenic, semi-rural, thickly-wooded residential area.
Circulation Element
Objective CIR-1.2: To preserve the streets of Atherton as scenic routes. Policy CIR-1.9 All streets and highways in the Town of Atherton shall be preserved as scenic routes.
Open Space and Conservation Element
Goal OSC-1: Protect both publicly and privately held open space lands from deterioration of their semi-rural charm, scenic value, and environmental equilibrium.
Objective OSC-1.1: Preserve presently existing open space, wildlife, and vegetation.
Objective OSC 1.2: Prevent developmental encroachment on open space and sensitive environmental resources.
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Policy OSC-1.1 The Town shall endeavor to protect scenic resources, significant stands of natural vegetation, wildlife habitat, public safety, and significant archaeological resources, both publicly and privately held.
Aesthetics Impact Discussion
5.1(a, c) (Effect a Scenic Vista, Degrade Scenic Quality) Less Than Significant Impact: The Housing Element Update would not result in direct construction of housing, but the Zoning Code amendments would facilitate future housing development on undeveloped, developed, and infill sites in the incorporated Town limits. Future development of sites identified in the 2023 – 2031 Housing Element would occur in developed areas of the Town and have the potential to change the surrounding visual character by introducing new structures, landscaping, paved surfaces, frontage improvements, as well as through removal of existing vegetation and trees.
Town-recognized scenic resources adjacent to sites identified in the Housing Element include roads, trees, and open space areas. The Town’s General Plan does not identify designated scenic vistas, but it designates roads and highways as scenic routes. The Scenic Roadways section of the Circulation Element generally describes scenic corridors as “the visual land area outside the road right-of-way” and the “view from the road.”
To protect these scenic qualities, the Town General Plan and Municipal Code include design criteria to minimize impacts to these scenic resources. Specifically, the Zoning Code requires a maximum height of 34 feet and a minimum front setback of 60 feet for main buildings in all zoning districts.
Additionally, the Town’s Heritage Tree Ordinance has the stated purpose of preserving the scenic beauty of the Town and provides requirements for the removal or replacement of trees of a certain maturity. Although the Town also has landscaping screening requirements for new construction, the Town does not currently require landscaping within the front yard along street frontages. Therefore, existing standards provide for the visibility of development from the road.
The Project includes Zoning Code modifications that allow for the development of buildings at a maximum height of 48 feet, with minimum setbacks from property line frontages of 10 feet, and that require landscape screening along all property lines, including the street frontage. The height and front setback requirements of the Zoning Code modifications will result in a closer and taller building form visible from the road; however, the application of landscape screening standards along the property frontage will mitigate the changes to have less than a significant impact.
The Project does not include amendments to the Town’s Heritage Tree ordinance to facilitate housing production, except for ADUs permitted explicitly by state law. Pursuant to State law, the Town cannot deny an ADU of 800 square feet or less, that removes a heritage tree or provides no setback from the street frontage. However, to incentive ADU development that complies with the Town’s setbacks for accessory buildings and maintain its scenic corridors, the Project allows for larger ADUs, up to 1,200 square feet, and ADUs located above detached garages. The Town has also updated its Master Fee Schedule to waive fees for ADUs that comply with the Town’s local development standards.
5.1(b) (Scenic Resources from Designated Scenic Highway) No Impact: The proposed future developments will not damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings within a designated state scenic highway. Though Junipero Serra Freeway (Interstate 280) is a formally designated scenic highway located west of the Town of Atherton, none of the identified housing sites are adjacent to the Junipero Serra Freeway. Therefore,
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the identified sites are not within distances to substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Thus, the 2023 – 2031 Housing Element Update would result in no impact related to scenic resources within a designated state scenic highway.
5.1(d) (Light and Glare) Less Than Significant Impact: The housing sites identified in the 2023 – 2031 Housing Element Update are located in areas of existing residential development, public facilities, and schools that contribute sources of light within the Town. Outdoor lighting introduced by future development on properties with two or more dwelling unit would be required to comply with Section 17.53.060(B)(3) of the Municipal Code which states, “Exterior building and landscape lighting shall be directed downward, have a shielded light source and be designed so that the light is not directed off site. Up-lighting of trees and permanent lighting within trees is prohibited.” With implementation of the Atherton Municipal Code objective building and design standards, impacts resulting from a new source of substantial light or glare, which would adversely affect day or nighttime views in the area, will be less than significant.
Mitigation Measure(s): None Required.
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5.2. AGRICULTURAL AND FORESTRY RESOURCES
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in
Public Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
d) Result in the loss of forest land or
conversion of forest land to non-forest
use?
e) Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest
use?
Sources: Town of Atherton General Plan 2019; Town of Atherton General Plan 2019 Update Project, Draft Initial Study/ Mitigated Negative Declaration; California Department of Conservation Farmland Mapping and Monitoring Program; and, San Mateo County Important Farmland Map, 2018.
Agricultural and Forestry Resources Setting
Atherton’s land uses comprise of residences, parks and open spaces, school facilities, and municipal uses. The Town does not contain agricultural land uses. According to the 2019 General Plan Land Use Element, the Town has no identified zones of agriculture, forest land, timberland, or timberland zoned Timberland Production. Accordingly, the Town of Atherton does not have Prime Farmland, Unique Farmland, or Farmland of Statewide Importance.
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Pursuant to California Public Resources Code (PRC) Section 12220(g), forest land is land that can support, under natural conditions, 10 percent native tree cover of any species, including hardwoods, and that allows for the management of forest-related resources such as timber, aesthetic value, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. Timberland, as defined by PRC Section 4526 is land, other than land owned by the federal government and land designated by the board (State Board of Forestry and Fire Protection) as experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest projects, including Christmas trees.
Trees in Atherton comprise an urban forest that is located on properties containing residential, parks and open spaces, areas around the Bear Gulch Reservoir, schools, and municipals land uses and along roadways.
Applicable General Plan Objectives and Policies
The Town of Atherton does not have agricultural uses in the Town. The Town of Atherton General Plan 2019 identifies goals, objectives, and policies intended to protect and enhance the thickly wooded nature of the Town. Those particularly relevant to the 2023 -2031 Housing Element Update include the following:
Land Use Element
Goal LU-1.1: To preserve the Town’s character as a scenic, semi-rural, thickly-wooded residential area with abundant open space.
Policy LU-1.5 Proposed residential subdivisions as well as proposals to replace existing homes, shall adhere to the following design criteria:
Trees shall be preserved to the maximum extent feasible while allowing for construction within established parameters for setbacks and lot coverage in accordance with the Municipal Code chapter regulating removal of and damage to heritage trees.
The Town allows minimum lot size subdivisions only where such minimum lot sizes do not significantly degrade established levels of privacy, wooded areas, and/or the open space environment.
Policy LU-1.8 Maximize preservation of heritage trees and existing trees within a development site to the greatest degree feasible, consistent with the Heritage Tree Ordinance and Tree Preservation Standards and Specifications. Require new development to comply with the Town’s requirements for tree protection, removal, and replacement.
Open Space and Conservation Element
Goal OSC-1: Protect both publicly and privately held open space lands from deterioration of their semi-rural charm, scenic value, and environmental equilibrium.
Objective OSC-1.1: Preserve presently existing open space, wildlife, and vegetation.
Objective OSC-1.2: Prevent developmental encroachment on open space and sensitive environmental resources.
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Policy OSC-1.1 The Town shall endeavor to protect scenic resources, significant stands of natural vegetation, wildlife habitat, public safety, and significant archaeological resources, both publicly and privately held.
Goal OSC-2: Protect and enhance the existing Coastal Oak Woodland character of the Town. Policy OSC-2.1 Trees shall be preserved wherever practical. This policy shall be explicitly considered during the development and subdivision process. Policy OSC-2.2 Wherever possible, drought tolerant native species trees shall be used for new and replacement planting and be tolerant of seasonal water inundation where used in or adjacent to green infrastructure facilities. Policy OSC-2.3 Enforce the Heritage Tree Ordinance and Tree Preservation Guidelines and Standards, or equal document.
Agricultural and Forestry Resources Impact Discussion
5.2 (a-c, and e) (Farmland Conversion, Williamson Act, Timberland and Other Conversions) No Impact: The sites in the Housing Element Update are not classified as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as mapped pursuant to the Farmland Mapping and Monitoring Program (FMMP) and none of the sites are located on parcels currently under Williamson Act contract because the Town of Atherton does not have agricultural land uses. Further, there are no properties zoned for agricultural use in the Town of Atherton. Therefore, there will be no impacts from the Housing Element Update to farmland, the conversion of farmland, conflicts with Williamson Act Contracts, and/or conflicts with zoning for agricultural uses.
All housing sites are designated Urban and Built-Up and Other Land, pursuant to FMMP.
Implementation of the 2023 – 2031 Housing Element would not introduce residential uses tangential to existing farmland and forest land because no such land use exists tangential to the housing sites and housing would be located on previously disturbed areas. Therefore, the proposed housing sites would not result in the conversion of farmlands or forestlands because of adoption and implementation of the 2023 – 2031 Housing Element and would have no impact on farmland and forestland resources.
There are no sites in the Housing Element Update that meet the definition of timberland pursuant to PRC Section 4526. Further, there are no properties zoned for timberland production in the Town of Atherton pursuant to California Government Code Section 51104(g). Therefore, there will be no impact from the Housing Element Update to timberland or timberland production zones.
5.2 (d) (Forestland) Less Than Significant Impact: PRC Section 12220(g) defines forest land as land that can support, under natural conditions, 10 percent native tree cover of any species, including hardwoods, and that allows for the management of forest-related resources such as timber, aesthetic value, fish and wildlife, biodiversity, water quality, recreation, and other public benefits.
The sites being considered under the Housing Element Update are on properties that either contain existing developed properties or are vacant properties zoned for residential uses in residential areas, which minimizes the areas for forests. While Atherton is considered a thickly wooded community, the Town’s natural condition is residential, and is therefore not forestland. Further, the thickly wooded nature of the Town does not afford the management of forest-related resources, and the Town of Atherton’s Heritage Tree Ordinance and Tree Preservation Guidelines and Standards provides for the protection of mature trees and requires replacement for removal of
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protected trees, which would ensure that aesthetic values of existing trees are maintained as a result of housing emanating from the Housing Element Update. Therefore, adoption and implementation of the 2023 – 2031 Housing Element would have a less than significant impact to forestland and timberlands.
Mitigation Measure(s): None Required.
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5.3. AIR QUALITY
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Conflict with or obstruct
implementation of the applicable air
quality plan?
b) Result in a cumulatively considerable
net increase of any criteria pollutant for
which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c) Exposure of sensitive receptors to
substantial pollutant concentrations?
d) Result in other emissions (such as
those leading to odors adversely affecting
a substantial number of people?
Sources: Town of Atherton General Plan 2019; Town of Atherton General Plan 2019 Update Project, Draft Initial Study/ Mitigated Negative Declaration; Town of Atherton Climate Action Plan; Air Quality and Greenhouse Gas Assessment, March 7, 2024; BAAQMD 2017 Bay Area Clean Air Plan; BAAQMD Justification Report: and CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans, April 2022.
Air Quality Setting
The Town of Atherton is located within the San Francisco Bay Area Air Basin (SFBAAB) regulated by the Bay Area Air Quality Management District (BAAQMD). Air quality within the Bay Area Air Basin is influenced by natural geographical and meteorological conditions as well as human activities such as construction and development, operation of vehicles, industry and manufacturing, and other anthropogenic emission sources. The Federal Clean Air Act and the California Clean Air Act establish national and state ambient air quality standards respectively.
The BAAQMD is responsible for planning, implementing, and enforcing air quality standards within the SFBAAB, including the Town of Atherton. The BAAQMD operates monitoring stations throughout the district and records pollutant concentration levels for carbon monoxide (CO), Nitrogen Dioxide (NO2), Ozone (O3), and Particulate Matter (PM). The BAAQMD Compliance and Enforcement Division routinely conducts inspections and audits of potential polluting sites to ensure compliance with applicable federal, state, and BAAQMD regulations.
The Bay Area Air Basin is designated as non-attainment for both the one-hour and eight-hour state ozone standards; 0.09 parts per million (ppm) and 0.070 ppm, respectively. Put differently, these are the levels at which the air district has determined that an individual project's contribution to the cumulative impact (non-attainment) is cumulatively considerable. The Bay Area Air Basin is also in non-attainment for the PM10 and PM2.5 state standards, which require an annual arithmetic mean (AAM) of less than 20 µg/m3 for PM10 and less than 12 µg/m3 for fine particulate matter (PM2.5). In
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addition, the Basin is designated as non-attainment for the national 24-hour PM2.5 standard although the EPA recognized the Air District as achieving the attainment in 2013. 2 The nearest BAAQMD air monitoring station is in Redwood City, at a one-story commercial building located at 897 Barron Avenue. As of 2022, the monitoring station in Redwood City has maintained an annual average PM2.5 level of 6.8 µg/m3, which is less than the state air ambient quality standard of 12 µg/m3.
Applicable General Plan Goals, Objectives, and Policies The Town of Atherton General Plan sets forth goals, objectives, and policies intended to improve and enhance air quality, those particularly relevant to the 2023 -2031 Housing Element Update include the following:
Circulation Element
Goal CIR-7: Support the goals, policies and programs embodied in the adopted Atherton Climate Action Plan.
Open Space and Conservation Element
Goal OSC-5: Implement the GHG programs in the Atherton Climate Action Plan related to energy efficiency, community waste generation, and reduced water consumption.
Air Quality Impact Discussion
5.3(a) (Conflict with Applicable Air Quality Plan) Less Than Significant Impact with Mitigation:
The BAAQMD adopted the 2017 Bay Area Clean Air Plan (CAP) on April 19, 2017, to comply with state air quality planning requirements set forth in the California Health & Safety Code. The 2017 CAP includes a wide range of control measures designed to decrease emissions of the air pollutants most harmful to Bay Area residents and which include particulate matter (PM), ozone (O3), and toxic air contaminants (TACs). The CAP further endeavors to reduce emissions of methane and other “super-greenhouse gases (GHGs)” that are potent climate pollutants in the near-term and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.
The proposed control strategy for the 2017 CAP consists of 85 distinct reduction measures targeting a variety of local, regional, and global pollutants. The CAP includes control measures for stationary sources, transportation, energy, buildings, and agriculture, natural and working lands, waste management, water, and super-GHG pollutants. Implementation of some of the control measures could involve retrofitting, replacing, or installing new air pollution control equipment, changes in product formulations, or construction of infrastructure that have the potential to create air quality impacts.
2 In January 2013, the US EPA issued a final determination recognizing the BAAQMD achieved the 24-hour PM2.5 national standard which effectively suspended the requirements for the region to submit EPA national ambient air quality documentation. So as long as the district meets the 2006 24-hour PM2.5 NAAQS, the District is not required to submit an attainment demonstration, reasonably available control measures, a reasonable further progress (RFP) plan, and contingency plans for failure to meet RFP and attainment deadlines. The ruling is effective February 8, 2013, and continues to through the latest available fine particulate matter measurements through 2016. The BAAQMD will continue to be designated as “non-attainment” for the national 24-hour PM2.5 standard until the Air District submits and “resignation request” and “maintenance plan” to EPA, and EPA approves the district’s resignation proposal.
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In general, a project is considered to be consistent with the 2017 Bay Area Clean Air Plan if a) the project supports the primary goals of the CAP, b) includes control measures, and c) does not interfere with implementation of the CAP measures. The Project would have a less than significant impact due to the its alignment with the 2017 Bay Area Clean Air Plan since, a) it supports the goals of the CAP in that it limits sprawl by providing opportunities for housing development in the Town limits; b) includes control measures to protect air quality during construction by implementing best management practices set forth by BAAQMD, included below in Mitigation Measure AQ-1 and is consistent with the Town’s General Plan and Climate Action Plan that include goals, objectives, policies, and actions intended to reduce energy use and greenhouse gas emissions in new residential development; and, c) does not interfere with implementation of the CAP measures as the Project is a plan for infill development in an area served by local and regional transit and located near a mix of uses that include employment and services located in adjacent jurisdictions. As such, adoption and implementation of the 2023 – 2031 Housing Element will not conflict with or obstruct implementation of the 2017 CAP and impacts will be less than significant with mitigation.
5.3(b) (Violate Air Quality Emission Standards) Less than Significant with Mitigation: Air quality emissions associated with development facilitated by the 2023 – 2031 Housing Element would result from short-term construction activities and ongoing operation.
Construction
Construction activities, particularly during site preparation and grading, would temporarily generate fugitive dust in the form of PM10 and PM2.5. As detailed in the BAAQMD April 2022 Justification Report, there is no established threshold for construction-related climate impacts as emissions associated with construction represent a minimal part of overall emissions. However, BAAQMD has established best management practices (BMPs) to control for fugitive dust, for which the Bay Area Air Basin is designated non-attainment. Consistent with BAAQMD BMPs, future development that will occur under the 2023 – 2031 Housing Element shall be required to implement Mitigation Measure AQ-1, which provides for a variety of dust control measures during construction activities including watering the project site, covering haul loads, limiting idling time, and temporarily halting construction when winds are greater than 15 miles per hour. With implementation of measure AQ-1, construction activities will have a less than significant impact to air quality.
Operation
Operation of future housing sites will result in air quality emissions associated with stationary and mobile sources. Although there would be no stationary “point sources” (large emitters such as manufacturing plants) associated with housing development under the Housing Element, operation of future residences would result in area source emissions from the use of natural gas, consumer products such as solvents, cleaners, and paints, and landscaping maintenance equipment while most of the operational emissions will result from the operation of vehicles traveling to and from the project site (residents, deliveries, etc.).
The BAAQMD CEQA Guidelines have project-level screening sizes for operation emissions. The development of individual residential projects affected by the proposed Project does not exceed the screening levels. Therefore, emissions of operational related air pollutants would be less than significant.
5.3(c) (Sensitive Receptors) Less than Significant with Mitigation: The BAAQMD defines sensitive receptors as “facilities or land uses that include members of the population that are particularly
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sensitive to the effects of air pollutants, such as children, the elderly and people with illnesses.” Residential areas and schools are considered sensitive receptors because people are often at home/school for extended periods of time. Examples of sensitive receptors include places where people live, play, or convalesce and include schools, day care centers, hospitals, residential areas, and recreation facilities.
Construction
Sensitive receptors within proximity of sites identified in the Housing Element primarily consist of existing residents which may be exposed to health risks from construction exhaust emissions generated during future construction. As previously discussed, Mitigation Measures AQ-1 requires implementation of BAAQMD BMPs throughout the course of all future construction activities.
The Air Quality and Greenhouse Gas Assessment, prepared by Illingworth and Rodkin and dated March 7, 2024, includes a health risk assessment for the multifamily developments within the PFS zone to model the health risks from the construction of residential projects. The model evaluated a 20-unit development (Menlo School Site 2) and a 60-unit development (Menlo College Site 1) as they are the smallest and largest developments proposed in the PFS. CalEEMod was used to develop construction emissions of TACs and PM2.5 for each size project using the model’s default construction assumptions. The model found that the unmitigated maximum cancer risks from construction activities at the most impacted off-site receptors would exceed the single-source significance threshold at both the 60-unit and 20-unit development. However, with the incorporation of Mitigation Measure AQ-1 and the preparation of a Health Risk Assessment for specific sites as required by Mitigation Measure AQ-2, the mitigated risks would no longer exceed the significance threshold.
Operation
The Project may result in the introduction of new sensitive receptors (i.e. residents) that may be exposed to substantial levels of air pollutants of TACs. BAAQMD provides screening level TAC exposures for roadways, train lines, and stationary sources. Major TAC sources within the Town are identified in the Air Quality and Greenhouse Gas Assessment, prepared by Illingworth and Rodkin and dated March 7, 2024, using BAAQMD screening tools. The primary large volume roadway in Atherton is El Camino Real. There are also stationary sources identified within the Town limits using the BAAQMD’s stationary source GIS mapping tool. Sites potentially affected based on screening distances from existing air pollutant and TAC sources are as follows: Menlo College (proximity to El Camino Real); Cal Water (proximity to a gas dispensing facility and generic source); and 15 and 25 Monte Vista Avenue, Sacred Hearth, the Circus Club, Menlo School, and 175, 185, and 197 Ravenswood Avenue (proximity to a generator and/or generic source) Future development of sites identified in the Housing Element and affected by TAC sources must comply with Mitigation Measure AQ-3, which requires that the projects perform a project-specific Health Risk Assessment.
5.3(d) (Other Emissions) Less Than Significant Impact: Localized odors associated with future development of sites identified in the 2023 – 2031 Housing Element may result from operation of construction equipment, paving, and the application of architectural coatings. Adoption of the 2023 – 2031 Housing Element would not result in physical development, but rather will facilitate future development of these sites. As such, future construction at sites identified in the Housing Element Update may generate temporary odor. Such odors would be temporary and would be limited to the
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immediate area of the construction zone and, therefore, are not considered significant. Odors are not typically associated with the operation of residential uses and, therefore, operational impacts would also be less than significant. Therefore, impacts related to other emissions, including odors that can adversely impact a substantial number of people, will be less than significant.
Mitigation Measure(s):
AQ-1: During all construction activities associated with future development facilitated by the 2023 – 2031 Housing Element, the contractor shall implement the latest BAAQMD recommended Best Management Practices (BMPs) to control for fugitive dust and exhaust as follows:
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material shall be covered.
3. All visible mud and dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as practicable. Building pads shall be laid as soon as practicable after grading unless seeding or soil binders are used.
6. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
7. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
8. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
9. A publicly-visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints shall be posted on the project site prior to the initiation of construction activities. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.
AQ-2: Require multi-unit residential projects, larger than 10 units, and within 1,000 feet of existing sensitive receptors, as defined by BAAQMD to prepare a project-specific construction health risk assessment (HRA). If the HRA demonstrates, to the satisfaction of the Town, that the health risk exposures for adjacent receptors will be less than BAAQMD project-level thresholds, then additional mitigation would be unnecessary. However, if the HRA demonstrates that health risks would exceed BAAQMD project level thresholds, additional feasible mitigation shall be analyzed and adopted to further reduce risks below the BAAQMD project-level thresholds. Measures to avoid significant construction health risks impacts that could be included in projects, depending on the results of an HRA could include the following:
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1. Use Tier 4 engines for all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities.
2. Use diesel trucks with 2010 or later compliant model year engines during construction.
3. Use renewable diesel during construction.
4. Implement enhanced measures to control dust emissions, as recommended by BAAQMD.
5. Use portable electrical equipment where commercially available and practicable to complete construction. Construction contractors shall utilize electrical grid power instead of diesel generators when: (1) grid power is available at the construction site; (2) when construction of temporary power lines are not necessary in order to provide power to portions of the site distant from existing utility lines; (3) when use of portable extension lines is practicable given construction safety and operational limitations; and (4) when use of electrical grid power does not compromise the construction schedule.
AQ-3: Prior to commencing construction activities on sites identified for residential development in the 2023 – 2031 Housing Element, the applicant/contractor shall prepare a site-specific Health Risk Assessment (HRA) for projects affected by Toxic Air Contaminant (TAC) sources. If the HRA demonstrates to the satisfaction of the Town, that the health risk exposures for sensitive receptors will be less than BAAQMD project-level thresholds, then additional mitigation would be unnecessary.
However, if the HRA demonstrates that health risks would exceed BAAQMD project level thresholds, additional feasible on- and off-site mitigation shall be analyzed by the applicant and adopted to help reduce risks below the BAAQMD project-level threshold. Such measures to be evaluated may include enhanced ventilation systems with filtration capable of reducing TAC exposure such that health risks are reduced to acceptable levels.
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5.4. BIOLOGICAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Wildlife (Formerly Fish and Game) or U.S. Fish
and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Wildlife (formerly Fish and Game) or U.S. Fish
and Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
Sources: Town of Atherton General Plan 2019; Town of Atherton General Plan 2019 Update Project, Draft Initial Study/ Mitigated Negative Declaration; Biological Constraints Analysis Report, November 30, 2023; Town of Atherton Municipal Code; and Town of Atherton’s Tree Preservation Guidelines and Standards.
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Biological Resources Setting
Biological resources are protected by state and federal statutes including the Federal Endangered Species Act (FESA), the California Endangered Species Act (CESA), the Clean Water Act (CWA), the Migratory Bird Treaty Act (MBTA), and the California Fish and Game Code. These regulations provide the legal protection for plant and animal species of concern and their habitat at the state and federal level.
For purposes of this analysis, special-status species are plants and animals that are legally protected under the California and Federal Endangered Species Acts (CESA and FESA, respectively) or other regulations, and species that are considered rare by the scientific community, for example by the California Native Plant Society (CNPS). Special status species are defined as:
Plants and animals that are listed or proposed for listing, that are candidates for possible future listing as threatened or endangered under the CESA or the FESA. Plants and animals that meet the definition of endangered, rare, or threatened under CEQA that may include species not found on either CESA or FESA lists. Plants occurring on Ranks 1A, 1B, 2A, 2B, 3, and 4 of the CNPS’ electronic Inventory (CNPS 2001). The California Department of Fish and Wildlife (CDFW) recognizes that Ranks 1A, 1B, 2A and 2B of the CNPS inventory contain plants that, in the majority of cases, would qualify for State listing, and the CDFW requests their inclusion in EIRs. Migratory nongame birds of management concern listed by the United States Fish and Wildlife Service (USFWS).
Animals that are designated as "species of special concern" by the CDFW. Animal species that are “fully protected” in California. Bat species that are designated on the Western Bat Working Group’s (WBWG) Regional Bat Species Priority Matrix as, “RED OR HIGH.”
A Biological Constraints Analysis Report was prepared specifically for the proposed project to assess the housing opportunity site conditions and sensitive biological resources. Results from the Biological Report informed the biological resources impact discussion below.
There are 24 special-status plant species that are known for their occurrence within five (5) miles of the Atherton town limits. Most of these plants occur in specialized habitats such as serpentinite, chaparral, coastal dunes, vernal pools, and alkaline soil grasslands which are not present on any of these urban infill sites. However, of these special-status plants seven (7) have a low probability of occurring on project sites because the sites provide suitable habitat. These species include the congdon’s tarplant (Centromadia parryi ssp. congdonii), crystal springs lessingia (Lessingia arachnoidea), small-flowered monolopia (Monolopia gracilens), white-rayed pentachaeta (Pentachaeta bellidiflora), fragrant fritillary (Fritillaria liliacea), San Francisco collinsia (Collinsia multicolor), and western leatherwood (Dirca occidentalis). The rest of the special-status plant species in the five (5) mile radius of the planning area do not have a probability of occurring on project sites. The following is additional information on the special-status plant species that have a low probability of occurring on Housing Element sites:
Congdon’s Tarplant
Congdon’s tarplant is a CNPS Rank 1B.1 species. It has no state or federal status. The only CNDDB occurrence of this species within 5 miles of Atherton’s Town limits documents 17 plants observed in 2001 in a flat, ruderal grassland area roughly 4.2 miles northeast of subject
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parcel V1 (97 Santiago). The annual herbaceous/grassland habitats at 23 Oakwood Boulevard, MFO-10 (Cal Water), V1 (97 Santiago Avenue), and V3-V8 (Faxon Road, Faxon Forest Road and Monte Vista Avenue sites) could serve as suitable habitat for this species if alkaline soil conditions are present.
Crystal Springs Lessingia
Crystal Springs lessingia is a CNPS Rank 1B.2 species. Crystal Springs lessingia is a species with no federal or state status that was observed in 2001 west of the Edgewood County Park and south of the junction of Edgewood Road and I-280. Considering that the Cal Water site (MFO10) is roughly at an elevation of 185 feet, this parcel has the potential to provide habitat for the crystal Springs lessingia species, which is primarily identified in elevations between 195 and 655 feet.
Small-Flowered Monolopia
Small-flowered monolopia is a CNPS Rank 1B.2 species. The small-flowered monolopia has no state or federal status. Within the last 30 years, this species was identified roughly 3.8 miles northwest of the Cal Water site (MFO-10) in serpentine chaparral and gravelly soils. White-Rayed Pentachaeta
White-rayed pentachaeta is a federal and state listed endangered species. It is also a CNPS List 1B.1 species. This species was last identified in 2004 in a rocky and bare habitat with serpentine soils roughly four miles northwest of the subject parcel MFO-10 (Cal Water). The annual grassland areas at MFO-10 (Cal Water), V1 (97 Santiago Avenue), and V3-V8 (Faxon Road, Faxon Forest Road and Monte Vista Avenue sites) could provide suitable habitat for this species if there are rocky exposed areas that are not choked by annual grasses. Fragrant Fritillary
Fragrant fritillary is a plant species with no federal or state status and a CNPS Rank of 1B.2.
This species was observed in 2015 in a serpentine grassland habitat roughly 2.2 miles northwest of the subject parcel MFO-10 (Cal Water). This species is typically identified in serpentine soils; however, annual grassland habitat located on MFO-10 (Cal Water), V1 (97 Santiago Avenue), and V3-V8 (Faxon Road, Faxon Forest Road and Monte Vista Avenue sites) could provide suitable habitat for the species.
San Francisco collinsia
San Francisco collinsia is a CNPS List 1B.2 species. It has no federal or state status. This annual plant is found in moist, shady scrub and forest habitats, sometimes in serpentine soils. The nearest CNDDB occurrence of this species documents roughly 300 plants observed in 2015 in mixed foothill woodland and broadleaf forest on a steep slope roughly 4.3 miles west of subject parcel MFO-10 (Cal Water). Potentially suitable habitat for this species is present on the annual grassland areas on MFO-10 (Cal Water), V1 (97 Santiago Avenue), and V3-V8 (Faxon Road, Faxon Forest Road and Monte Vista Avenue sites) its presence cannot be dismissed without conducting formal special status plant surveys.
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Western leatherwood
Western leatherwood is not a federally or California state listed species. It is a CNPS List 1B.2 species. This plant can be found in chaparral, cismontane woodlands, riparian woodlands, closed cone coniferous forest, north coast coniferous forest, riparian forests, and broad-leafed upland forest. The nearest CNDDB occurrence of this species documents 12-50 plants observed in 2020 in thin, rocky, moist soil between foothill woodland and chaparral habitat roughly 1.5 miles south of subject parcel MFO-10 (Cal Water). The woodland/forest habitats on MFO-10 (Cal Water), and V3-V8 (Faxon Road, Faxon Forest Road and Monte Vista Avenue sites) may provide suitable habitat for this species.
There are 30 special-status wildlife species that are known for their occurrence within five (5) miles of the Atherton town limits and only four specific species can possibly occur on the proposed housing opportunity sites. Such species include the western burrowing owl (Athene cunicularia hypugaea), white-tailed kite (Elanus caeruleus), pallid bat (Antrozous pallidus), and the San Francisco dusky-footed woodrat (Neotoma fuscipes annectens). Additionally, nesting birds, including raptors such as the white-tailed kite, red-tailed hawk, and red-shouldered hawk, have the potential to occur on the proposed housing opportunity sites. However, no special-status wildlife has been recorded on or adjacent to any of the proposed housing opportunity sites. The following are special-status animal species that have a low probability of occurring on Housing Element sites:
Western Burrowing Owl
The Western Burrowing Owl is a California species of special concern. Its nest, eggs, and young are also protected under California Fish and Game Code (§3503, §3503.5 and §3513). The Burrowing Owl is also protected from direct take under the Migratory Bird Treaty Act. Finally, based upon this species’ rarity status, any unmitigated impacts to rare species would be considered a “significant effect on the environment” pursuant to §21068 of the CEQA Statutes and §15382 of the CEQA Guidelines. The nearest CNDDB record of this species documents one adult observed in winter of 2000 and 2003 above a trail through the restored San Mateo landfill area in San Mateo Shoreline Park approximately three miles east of subject parcel MFO-10 (Cal Water). The annual grassland habitat at the north end of MFO-10 (Cal Water) could provide suitable wintering or breeding burrows for this species. White-Tailed Kite
The White-tailed Kite is a “Fully Protected” species under the California Fish and Game Code (§3511). It is also protected under the federal Migratory Bird Treaty Act (50 CFR 10.13) and its eggs and young are protected under California Fish and Game Code (§3503, 3503.5). The White-tailed Kite is typically found foraging in grassland, marsh, or cultivated fields where there are dense-topped trees or shrubs for nesting and perching. The nearest CNDDB record for this species is located approximately 4.0 miles northwest of the subject parcel MFO-3 (318 Bay Road). This species could be encountered on any of the subject parcels that have suitable nesting trees in proximity to food and water sources.
Pallid Bat
The pallid bat is a California “species of special concern.” It has no federal status. The “species of special concern” status designation does not provide any special legally mandated protection for this bat species. However, this status designation could meet the definition of
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“rare” pursuant to CEQA. The closest known CNDDB record for the pallid bat documents one male adult collected in woodland habitat approximately 1.7 miles west of subject parcel MFO10 (Cal Water). Abandoned tree and buildings also provide suitable roosting habitat for this species.
San Francisco Dusky-Footed Woodrat
The closest known CNDDB record for this species documents seven (7) nesting adult woodrats captured and relocated in riparian and ruderal grassland habitat along a drainage channel roughly 3.4 miles south of subject parcel V6 (Faxon Forest Road property). The wooded habitats on subject parcels V4, V5, and V6 (Faxon Forest Road properties) could provide suitable nesting habitat for this rodent species.
Nesting Birds
Passerine birds (songbirds) and raptors (i.e., birds of prey), their active nests, eggs, and young are protected under California Fish and Game Code. These species roost in trees that are located on project sites.
Applicable General Plan Objectives and Policies
The Town of Atherton’s General Plan sets forth goals, objectives, and policies intended to protect biological resources. Those particularly relevant to the 2023 -2031 Housing Element Update include the following:
Land Use Element
Goal LU-1.1: To preserve the Town’s character as a scenic, semi-rural, thickly-wooded residential area with abundant open space.
Policy LU-1.8 Maximize preservation of heritage trees and existing trees within a development site to the greatest degree feasible, consistent with the Heritage Tree Ordinance and Tree Preservation Standards and Specifications. Require new development to comply with the Town’s requirements for tree protection, removal, and replacement.
Open Space and Conservation Element
Goal OSC-1: Protect both publicly and privately held open space lands from deterioration of their semi-rural charm, scenic value and environmental equilibrium. Objective OSC-1.1: Preserve presently existing open space, wildlife, and vegetation. Objective OSC-1.2: Prevent developmental encroachment on open space and sensitive environmental resources.
Policy OSC-1.1 The Town shall endeavor to protect scenic resources, significant stands of natural vegetation, wildlife habitat, public safety, and significant archaeological resources, both publicly and privately held.
Goal OSC-2: Protect and enhance the existing Coastal Oak Woodland character of the Town. Policy OSC-2.1 Trees shall be preserved wherever practical. This policy shall be explicitly considered during the development and subdivision process.
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Policy OSC-2.3 Enforce the Heritage Tree Ordinance and Tree Preservation Guidelines and Standards, or equal document.
In addition to policies in the General Plan that protect biological resources in the Planning Area, the Town of Atherton’s Heritage Tree Ordinance and Tree Preservation Guidelines and Standards provide for the protection of mature trees and require replacement for removal of protected trees.
Atherton Municipal Code Section 8.10.020 identifies the following as heritage trees:
An oak tree (Quercus lobata, Quercus agrifolia or Quercus douglasii) located anywhere on a lot, that has a minimum trunk circumference of forty-eight (48) inches or diameter of fifteen and two-tenths (15.2) inches, as measured at fifty-four (54) inches above the Natural Grade. A tree located outside the Main Buildable Area, that has a minimum trunk circumference of forty-eight (48) inches or diameter of fifteen and two-tenths (15.2) inches, as measured at fifty-four (54) inches above the Natural Grade.
A split trunk or low-branching tree located outside the Main Buildable Area, that has a minimum trunk circumference of forty-eight (48) inches or diameter of fifteen and twotenths (15.2) inches, as measured at fifty-four (54) inches above the Natural Grade. If the trunk branches or splits below this point, the smallest circumference or diameter below the lowest branch shall be measured.
A multi-stemmed tree located outside the Main Buildable Area, that has a total trunk circumference of forty-eight (48) inches or total diameter of fifteen and two tenths (15.2) inches when calculated as follows: considering at all the branches at fifty-four (54) inches above Natural Grade, add the measurement of the largest branch to one-half the measurement of each additional branch. Reference the Guide for Plant Appraisal authored by representatives to the Council of Tree and Landscape Appraisers.
Biological Resources Impact Discussion
5.4(a-b) (Adverse Effects to Sensitive Species and Habitats) Less Than Significant with Mitigation: Adoption of the 2023 – 2031 Housing Element would not directly result in the physical development of identified housing sites, but rather will facilitate future development of these sites.
Most of these special-status plant species tend to occur in specialized habitats that include serpentinite, chaparral, coastal dunes, vernal pools, and alkaline soil grasslands, which are not found on housing opportunity sites. However, no plant surveys have been conducted to determine the presence or absence of special-status plant species on Housing Element site. Therefore, there is a potential that the project could result in a substantial adverse impact to sensitive species and habitats.
Special-Status Plant Species
Congdon’s Tarplant
The annual herbaceous/grassland habitats at 23 Oakwood Boulevard, MFO-10 (Cal Water), V1 (97 Santiago Avenue), and V3-V8 (Faxon Road, Faxon Forest Road and Monte Vista Avenue sites) could serve as suitable habitat for this species if alkaline soil conditions are present. If this species is identified on the subject Housing Element Update sites, construction activities could result in potentially significant impacts through disturbance and removal. To avoid potential impacts, future development of the above-mentioned housing sites shall comply with Mitigation Measure BIO-1.
With implementation of Mitigation Measure BIO-1, impacts to the congdon’s tarplant as anticipated by the Housing Element Update will be reduced to less than significant.
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Crystal Springs Lessingia
The MFO-10 (Cal Water) site is at roughly 185 feet of elevation but all the other subject parcels with annual grassland or woodland habitats are below 150 feet. If this species is identified on MFO-10, construction activities could result in potentially significant impacts through disturbance and removal. To avoid potential impacts, future development of MFO-10 shall comply with Mitigation Measure BIO-1. With implementation of Mitigation Measure BIO-1, impacts to the Crystal Springs lessingia species as anticipated by the Housing Element Update will be reduced to less than significant.
Small-Flowered Monolopia
The annual grassland habitat located on site MFO-10 (Cal Water) could potentially provide suitable habitat for the small-flowered monolopia species. If this species is identified on the subject parcel MFO-10, construction activities could result in potentially significant impacts through disturbance or removal. To avoid potential impacts, future development on MFO-10 shall comply with Mitigation Measure BIO-1. With implementation of Mitigation Measure BIO-1, impacts to the small-flowered monolopia species as anticipated by the Housing Element Update will be reduced to less than significant.
White-Rayed Pentachaeta
The annual grassland habitat located at MFO-10 (Cal Water), V1 (97 Santiago Avenue), and V3-V8 (Faxon Road, Faxon Forest Road and Monte Vista Avenue sites) could potentially provide suitable habitat for the white-rayed pentachaeta species, if there are rocky exposed areas present. If this species is identified on these subject parcels, construction activities could result in potentially significant impacts. To avoid potential impacts, future development on these subject parcels shall comply with Mitigation Measure BIO-1. With implementation of Mitigation Measure BIO-1, impacts to the white-rayed pentachaeta as anticipated by the Housing Element Update will be reduced to less than significant.
Fragrant Fritillary
Though this species is typically found in serpentine soils, the annual grassland habitat on MFO-10 (Cal Water), V1 (97 Santiago Avenue), and V3-V8 (Faxon Road, Faxon Forest Road and Monte Vista Avenue sites) could provide marginally suitable habitat for this species. If this species is identified on these subject parcels, construction activities could result in potentially significant impacts. To avoid potential impacts, future development on these subject parcels shall comply with Mitigation Measure BIO-1. With implementation of Mitigation Measure BIO-1, impacts to the Fragrant fritillary as anticipated by the Housing Element Update will be reduced to less than significant.
San Francisco Collinsia
Potentially suitable habitat for this species is present on the annual grassland areas on MFO-10 (Cal Water), V1 (97 Santiago Avenue), and V3-V8 (Faxon Road, Faxon Forest Road and Monte Vista Avenue sites) ; its presence cannot be dismissed without conducting formal special status plant surveys. To avoid potential impacts, future development on these subject parcels shall comply with Mitigation Measure BIO-1. With implementation of Mitigation Measure BIO-1, impacts to the San Francisco Collinsia as anticipated by the Housing Element Update will be reduced to less than significant.
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Western Leatherwood
The woodland/forest habitats on MFO-10 (Cal Water), and V3-V8 (Faxon Road, Faxon Forest Road and Monte Vista Avenue sites)may provide suitable habitat for this species. construction activities could result in potentially significant impacts. To avoid potential impacts, future development on these subject parcels shall comply with Mitigation Measure BIO-1. With implementation of Mitigation Measure BIO-1, impacts to the Western leatherwood as anticipated by the Housing Element Update will be reduced to less than significant.
Special-Status Wildlife Species
San Francisco Dusky-Footed Woodrat
If the San Francisco dusky-footed woodrat species is present on these subject parcels, construction activities could result in potentially significant impacts through disturbance and habitat removal. To avoid potential impacts, future development on these subject parcels shall comply with Mitigation Measure BIO-2, which requires the completion of pre-construction surveys for dusky-footed woodrats and the implementation of protective controls, if the species is present. With implementation of BIO-2, potential impacts to dusky-footed woodrats will be less than significant.
Western Burrowing Owl
If special status western burrowing owls are present on a parcel, construction activities could result in potentially significant impacts through disturbance and habitat removal. To avoid potential impacts, future development on this subject parcel shall comply with Mitigation Measure BIO-3, which requires the completion of pre-construction surveys for Burrowing Owls and the implementation of protective controls, if the species is present. With implementation of BIO-3, potential impacts to special status burrowing owls will be less than significant.
White-tailed kite and Other Nesting birds
Sites identified in the Housing Element contain individual trees that may have the potential to provide nesting habitat for raptors and passerines, including the white-tailed kite, which are protected under the California Fish and Game Code and the Federal Migratory Bird Treaty Act. Since most birds can fly out of harm’s way, future development of sites would not be expected to harm adult birds. Nonetheless, nesting birds are susceptible to disturbance that harms eggs or young birds, defined as a “take”. Activities associated with future development of sites identified in the Housing Element could include removal of trees as well as ground-disturbing construction activities that may result in impacts to nesting birds, if present onsite or in the immediate vicinity. To provide protection to nesting birds, their eggs, and their young, future development of sites identified in the Housing Element shall be required to comply with Mitigation Measure BIO-4 which restricts the timing of construction activities to occur outside of the bird nesting season or if the bird nesting season cannot be avoided requires pre-construction nesting bird surveys and controls to protect active nests, if present. With implementation of measure BIO-4, impacts to nesting birds will be less than significant.
Pallid bat
In addition to nesting birds, trees found on any of the subject Housing Element Update sites may provide suitable roosting habitat for special status bats, including the pallid bat. In the event that special status bats are present on any Housing Element Update sites, future construction activities
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could result in potentially significant impacts through disturbance and habitat removal. To avoid potential impacts, future development of sites identified in the Housing Element shall comply with Mitigation Measure BIO-5, which requires completion of pre-construction bat surveys. If bats are identified, measure BIO-5 provides that removal and exclusion be conducted by a qualified biologist in conjunction with the CDFW. With implementation of BIO-5, potential impacts to special status bats will be less than significant.
5.4(c) (Adverse Effects to Jurisdictional Waters) No Impact: According to the Biological Constraints Report prepared for the project, there are no wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) or aquatic resources of any kind on the proposed Housing Element Update sites. Therefore, implementation of the Housing Element Update would have no impact on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) or any other jurisdictional waters.
5.4(d) (Adverse Effect to Wildlife Movement) Less Than Significant Impact with Mitigation:
Given the developed surrounding of sites identified for future development under the Housing Element, impacts to wildlife movement through the introduction of structures, fences, and other improvements impassible by wildlife are less likely to occur. Consistent with Mitigation Measure BIO-1 and BIO-2, site specific assessments shall identify the suitability of sites to serve as movement corridors and shall identify measures to offset potential impacts, as necessary. With implementation of measure BIO-1, future development of sites identified in the Housing Element will have a less than significant impact to wildlife corridors and species movements.
5.4(e) (Conflict with Local Ordinances) Less Than Significant Impact: Development of sites identified in the Housing Element may require removal of trees to accommodate buildings, infrastructure, landscaping, and other associated site improvements. However, the Town of Atherton’s Tree Ordinance (Section 8.10 of the Municipal Code) contains provisions to preserve and protect “heritage trees” within the Town.
The Project does not include amendments to the Town’s Heritage Tree ordinance to facilitate housing production, except for ADUs permitted explicitly by state law. Pursuant to State law, the Town cannot deny an ADU of 800 square feet or less, that removes a heritage tree or is built beyond the Town’s setbacks for Accessory Buildings. To incentive ADU development that complies with the Town’s setbacks for accessory buildings and preserves heritage trees within required setbacks, the Project allows for larger ADUs, up to 1,200 square feet, and ADUs located above detached garages.
The Town has also updated its Master Fee Schedule to waive fees for ADUs that comply with the Town’s local development standards.
For ADUs and all other housing sites, compliance with the Town’s Heritage Tree Ordinance and General Plan goals, objectives, and policies will reduce impacts to trees as a result of project construction. Therefore, the project will not conflict with a local ordinance and impacts will be less than significant.
5.4(f) (Conflicts with Habitat Conservation Plans) No Impact: No Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state Habitat Conservation Plan exists for the Town of Atherton. Therefore, future development under the 2023 – 2031 Housing Element will not conflict with the provisions of an adopted Habitat Conservation Plan, or any other Natural Community Conservation Plan approved by a local, regional or state body.
Town of Atherton
2023 – 2031 Housing Element 49 Initial Study/Mitigated Negative Declaration 2474551.1 14537.003
Mitigation Measure(s):
BIO-1: Prior to the Town of Atherton’s approval of development on the proposed Housing Element Update sites, special-status plant surveys shall be conducted by a qualified botanist in appropriate habitats during the appropriate period (congdon’s tarplant’s blooming period is from May through November; crystal springs lessingia’s blooming period is from July through October; small-flowered monolopia’s blooming period is from March through July; white-rayed pentachaeta’s blooming period is from March through May; and fragrant fritillary’s blooming period is from February through April) in which the species are most identifiable. Project construction shall not be initiated until all special-status plant surveys are completed and subsequent mitigation, if deemed necessary by the qualified botanist, is implemented. If the special-status plant species are identified in these surveys, those individuals or populations shall be avoided to the maximum extent possible. If avoidance is not possible, then other suitable measures and mitigations shall be developed in consultation with agencies that are responsible for the protection of the subject plant species, based on its protection status [i.e., Town of Atherton (for plants protected by CEQA), CDFW (plants protected by California law/regulation) or USFWS (protected by federal law regulation)]. Appropriate mitigation prescriptions for impacts on special-status plants shall be included as conditions of project approval.
BIO-2: Unless otherwise recommended in site-specific biological assessments prepared for future development of sites identified in the Housing Element, to avoid impacts to the San Francisco dusky-footed woodrat, a species of special concern, a survey prior to the commencement of ground disturbing activities or vegetation removal on subject parcels with suitable vegetation. Since woodrats use their nests year-round, surveys for the rodent species can be conducted at any time of the year. If the woodrat nests are identified, they shall be flagged and delineated on project site maps.
If any woodrat nests are identified, then CDFW shall be contacted immediately to coordinate mitigation. A qualified biologist shall conduct a pre-construction survey for the San Francisco dusky-footed woodrat nests no more than 30 days prior to the onset of site grubbing/grading or construction activities within 50 feet of construction zones. The identified nests shall be avoided, where possible. If avoidance is not possible, the nest(s) should be manually deconstructed when helpless young are not present, typically during the non-breeding season which is October through January. If it is determined that young may be present during the pre-construction survey, a suitable buffer, depending on the type of impact, nest location, and topography of the nest location, shall be established by the qualified biologist. The non-disturbance buffer typically ranges from 20 to 50 feet. This buffer shall remain in place around the nest until the young are independent enough to successfully move from the nest.
BIO-3: Unless otherwise recommended in site-specific biological assessments prepared for future development of the Cal Water site identified in the Housing Element, to avoid impacts to burrowing owls protected under the Migratory Bird Treaty Act and Fish and Game Code (§3503, §3503.5 and §3513), a preconstruction survey for burrowing Owls shall be conducted at the Cal Water site (MFO-10) 14 days prior to ground disturbance. Since burrowing owls can recolonize a site only after a few days, time lapses between project activities trigger subsequent take avoidance surveys, including but not limited to a final survey conducted within 24 hours prior to ground disturbance to ensure that the species is not present.
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2023 – 2031 Housing Element 50 Initial Study/Mitigated Negative Declaration 2474551.1 14537.003
Between April 1st and October 15th, low disturbance and medium disturbance activities should have a 200-meter buffer while high disturbance activities should have a 500-meter buffer from occupied nests. Between October 16th and March 31st, low disturbance activities should have a 50-meter buffer, medium disturbance activities should have a 100-meter buffer from occupied nests, and high disturbance activities should have a 500-meter buffer from occupied nests. No earth-moving activities or other disturbances within the aforementioned buffer zones of occupied burrows. These buffer zones shall be fenced as well. If burrowing owls are present on the proposed project area, then a qualified biologist would need to delineate the extent of the western burrowing owl habitat on the site.
BIO-4: Unless otherwise recommended in site-specific biological assessments prepared for future development of sites identified in the Housing Element, to avoid impacts to birds protected under the Migratory Bird Treaty Act and Fish and Game Code (Section 3514), construction activities, including the removal of trees, should occur outside of the birdnesting season between September 2nd and January 31st. If work occurs between February 1 st and September 1st, a pre-construction bird nesting survey shall be conducted within seven days prior to any proposed ground disturbance or vegetation removal on subject parcels that require nesting bird surveys. The bird nesting survey shall include an examination of all buildings onsite, and trees and shrubs onsite and within 200 feet of the subject parcel (i.e., within a zone of influence of nesting birds), not just trees slated for removal. The zone of influence includes areas outside of the project site where birds could be potentially disturbed by earth-moving vibrations and/or other construction-related noises. If any active bird nests are identified onsite or within a zone of influence, then a qualified ornithologist or biologist shall establish a temporary protective construction buffer around the nest(s), conduct a survey to establish behavioral baseline of birds using each nest, and conduct monitoring to ensure it is not disturbed. The nest buffer will be staked or fenced with orange construction fencing to establish a construction exclusion perimeter and shall be adjusted by a qualified biologist as needed to avoid disturbance. The buffer shall be of sufficient size to protect the nesting site from construction-related disturbance. Typically, adequate nesting buffers are 50 feet from the nest site or nest tree dripline for small birds and up to 300 feet for sensitive raptors. Upon completion of nesting surveys, if nesting birds are identified a qualified ornithologist/biologist shall prescribe adequate nesting buffers to protect the nesting birds from harm while the project is being constructed. If continuous monitoring is not feasible, conservative no-disturbance buffer(s) should be established, with the buffer distance based on the tolerance level of the nesting species.
No construction or earth-moving activity shall occur within any established nest protection buffer prior to September 1st unless determined by a qualified ornithologist/biologist responsible for monitoring nesting behavior that the young have left the nest and have attained sufficient flight skills to avoid construction zones, or that the nesting cycle is otherwise completed. At the end of the nesting cycle and the fledging from the bird nest, as determined by a qualified biologist, temporary nesting buffers may be removed, and construction may commence in established nesting buffers without further regard for the nest site.
The biologist/ornithologist conducting the surveys shall provide the Town of Atherton with a report detailing the results of the survey and any recommendations required for
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establishment of protective buffers, if vegetation removal or any ground disturbance occurs between February 1st and September 1st.
BIO-5: Unless otherwise recommended in site-specific biological assessments prepared for future development of sites identified in the Housing Element, to avoid impacts to roosting pallid bats or other special-status bat species, building or tree removal shall only be conducted during seasonal periods of bat activity, between August 31 and October 15, when bats would be able to fly and feed independently, and between March 1 and April 1 to avoid hibernating bats, and prior to the formation of maternity colonies. A biologist with at least two years of experience surveying for bats, shall conduct a pre-construction survey of all buildings and trees that would be impacted within 14 days prior to removal or commencement of site improvement activities. If no special-status bats are found during the surveys, then the biologist shall provide a memo summarizing the results of the survey to the Town, and construction activities may commence. If bat roosts are found, then a plan shall be developed by the qualified biologist for removal and exclusion, when there are not dependent young present, in conjunction with the CDFW.
If building or tree removal must occur outside the seasonal activity periods (i.e., between October 16 and the end of February, or between April 2 and August 30), then a qualified biologist, shall conduct pre-construction surveys within 14 days of removal, and determine if there are young present (i.e., the biologist will determine if there are maternal roosts). If a maternity site is found, impacts to the maternity site shall be avoided by establishment of a fenced, non-disturbance buffer until the young have reached independence (i.e., are flying and feeding on their own) as determined by a qualified biologist. The size of the buffer zone shall be determined by a qualified biologist at the time of the surveys. If the qualified biologist finds evidence of roosting bats but not a maternity site with young, then a plan shall be developed for removal and exclusion, in conjunction with the CDFW. The biologist shall provide the Town with a report detailing the results of the survey and any recommendations, as warranted, required for establishment of protective buffers for bat roosts, if identified.
Town of Atherton
2023 – 2031 Housing Element 52 Initial Study/Mitigated Negative Declaration 2474551.1 14537.003
5.5. CULTURAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Cause a substantial adverse change
in the significance of a historical
resource pursuant to § 15064.5?
b) Cause a substantial adverse change
in the significance of an archaeological
resource pursuant to § 15064.5?
c) Disturb any human remains, including
those interred outside of formal
cemeteries?
Sources: Town of Atherton General Plan 2019; Town of Atherton General Plan 2019 Update Project, Draft Initial Study/ Mitigated Negative Declaration; Historic Resource Evaluation of Faculty Housing Apartment 8B on Menlo College, Memorandum on the Preliminary Evaluation of Housing Element Site, and Archaeological Record Search and Report of Findings for the Town of Atherton Housing Element and Zoning Code Update.
Cultural Resources Setting
In 1923, the Town of Atherton was incorporated within the County of San Mateo. The Town of Atherton contains cultural resources that contribute to the understanding of the region's history and influence the community’s identity. Atherton has a policy for protecting and preserving cultural resources such as historically significant buildings, structures, and artifacts.
Historic Resources
Historic resources include historic structures, sites and areas that played important roles in local history. Older buildings may hold historic value in their design attributes that provide insight into architectural styles and values of the past. The Town of Atherton recognizes these historic and potentially historic resources as worthy of preservation both for their aesthetic and cultural value.
In 2006, a survey of potential historical artifacts resulted in a list known as the Atherton Historical Artifact Inventory. According to the General Plan, the Town has eight historically significant buildings and structures that are publicly and privately owned. These include: the Watkins/Cartan House, the water tower at Holbrook-Palmer Park, the Gen Merrill Carriage House, the Sacred Heart Schools main building, the Menlo School Stent Family Hall, the Perry Stable, the Caltrain Station at the Town Center, and the Town Hall.
Applicable General Plan Goals, Objectives, and Policies The Town of Atherton’s General Plan sets forth goals, objectives, and policies intended to protect cultural resources. Those particularly relevant to the 2023 -2031 Housing Element Update include the following:
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2023 – 2031 Housing Element 53 Initial Study/Mitigated Negative Declaration 2474551.1 14537.003
Open Space and Conservation Element
Goal OSC-1: Protect both publicly and privately held open space lands from deterioration of their semi-rural charm, scenic value and environmental equilibrium. Policy OSC-1.1 The Town shall endeavor to protect scenic resources, significant stands of natural vegetation, wildlife habitat, public safety and significant archaeological resources, both publicly and privately held.
Goal OSC-4: Protect both publicly and privately held cultural resources from deterioration and/or destruction.
Policy OSC-4.1 Encourage the preservation of both private and public historical resources and artifacts for the benefit of future generations. Policy OSC-4.2 The Town will comply with minimum State requirements in the event archaeological or paleontological resources are discovered during construction.
Cultural Resources Impact Discussion
5.5(a) (Historic Resources) Less Than Significant Impact: Adoption of the 2023 – 2031 Housing Element and Zoning Code updates would not result in physical development, but rather facilitates future development of identified sites. None of the housing sites identified in the proposed Housing Element Update are listed in local, state or national registers as parcels containing potentially significant historic resources nor are any of the sites within a potential historic district boundary. To address potential eligibility, a preliminary evaluation for qualification as a historical resource in accordance with Article 5, §15064.5 of the California Environmental Quality Act (CEQA) Guidelines and the local criteria was conducted for 9 subject properties: 999 Ringwood Avenue (APN 061091080); 352 Bay Road (APN 061091070); 318 Bay Road (APN 061091060); 296 Bay Road (APN 061091050); 175 Ravenswood Avenue (APN 061281050); 185 Ravenswood Avenue (APN 061281060); 197 Ravenswood Avenue (APN 061281150); 23 Oakwood Boulevard (APN 059153080); and 150 Valparaiso Avenue (APN 070390010).
The preliminary evaluation includes a recommendation for the multi-family development site located on the Sacred Heart campus (Nun Residence). The recommendation advises for additional review to address the site’s development because of its proximity to the Menlo Circus Club, a site listed in the Town of Atherton’s Inventory for Open Space Lands. The RM-20 overlay applied to the subject site as a Zoning Code update would allow a maximum height of 48 feet or 4 stories and require setbacks from adjacent properties no less than 20 feet for main buildings. Additional landscaping standards are also included and will supplement the Town’s existing landscaping requirements and screen the perception of the building mass from scenic road vistas, parks and open spaces.
For the purpose of identifying historic resources, the preliminary evaluation found, including the recommendation for the Nun Residence, that the subject structures do not possess historical significance, are not a strong example of the Ranch, Spanish-Ranch, and Split-Level architectural styles, were not designed by a master architect or builder, and are not associated with important events or persons.
Separate from the preliminary evaluation, a full Historic Resource Evaluation (HRE) was prepared for the Faculty Housing Apartments 8B at Menlo College to address potential historic eligibility of the structure. The HRE found that the structure does not possess historical significance, is not a strong
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2023 – 2031 Housing Element 54 Initial Study/Mitigated Negative Declaration 2474551.1 14537.003
example of the Contemporary style, was not designed by a master architect or builder, and is not associated with important events or persons. It is the professional opinion of the evaluator that the structure (1) is not individually eligible for the California Register of Historical Resources, (2) is not individually eligible for the California Register of Historical Resources, (3) does not qualify individually as a historical resource under CEQA Guidelines §15064.5(a)(3), and (4) is not eligible for individual historic designation under Atherton Municipal Code, Chapter 8.15.200, Criteria for designating a historic building. Based on the lack of existing historic resources on sites identified in the proposed Housing Element Update impacts to historic resources resulting from adoption and implementation of the 2023 – 2031 Housing Element will be less than significant.
5.5(b) (Archaeological Resources) Less Than Significant with Mitigation: Adoption of the proposed Housing Element Update will facilitate future development of undeveloped sites that have been identified to accommodate residential development in the city. Though physical development will not occur as a direct result of adoption of the Housing Element, future development of these sites is reasonably foreseeable. Based on the undeveloped condition of sites identified in the Housing Element, there is a potential that unrecorded prehistoric era archaeological deposits may be encountered during ground-disturbing activities including grading, trenching, and digging.
Consistent with adopted General Plan policies, site-specific development proposals shall comply with Mitigation Measure CUL-1, which requires an assessment of archaeological resources by a qualified professional, including potential adverse impacts to cultural resources and recommendations to avoid or reduce such impacts. Furthermore, CUL-1 requires that any archaeological resources identified shall either be preserved in place or adequately documented, cataloged, and recorded. With implementation of measure CUL-1 potential impacts due to a change in the significance of archeological resources if present on identified Housing Element site will be reduced to less than significant.
5.5(c) (Discovery of Human Remains) Less Than Significant with Mitigation: Adoption of the proposed Housing Element Update will facilitate future development of some developed and vacant sites that have been identified to accommodate residential development within the Town. As such, it is possible, through the future development of proposed housing sites, that human remains could be discovered during ground-disturbing activities. Consistent with California Health and Safety Code Section 7050.5, future development of sites identified in the Housing Element shall comply with Mitigation Measure CUL-2, which identifies procedures to follow in the event that human remains or archaeological deposits are discovered. With implementation of CUL-2, Section 7050.5 of the California Health and Safety Code, and Sections 5097.94, 5097.98 and 5097.99 of the California Public Resources Code, as required under state law, potential impacts resulting from accidental discovery of Native American remains associated with future housing development will be less than significant.
Mitigation Measures:
CUL-1: Upon submittal of site-specific development proposals for housing opportunity sites identified in the 2023 – 2031 Housing Element, a project-specific archaeological study should be undertaken for each development project proposed within the Subject Properties. An archaeological study should consist of a record search at the NWIC/CHRIS, a literature review, a pedestrian field survey, a site-specific assessment of the potential for subsurface archaeological resources to be present, and preparation of a report with project-specific recommendations. A geophysical survey and/or subsurface testing should be required for properties that have a high potential for buried archaeological resources, including Property
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V2, which is adjacent to the previously recorded Native American archaeological resource P41-000278.
CUL-2 If an archaeological deposit is encountered during ground-disturbing activities, all work within 50 feet of the discovery shall be redirected until a Secretary of Interior-qualified Archaeologist assesses the find, consults with agencies and Native American tribes as appropriate, and makes recommendations for the treatment of the discovery. If avoidance of the archaeological deposit is not feasible, the archaeological deposit shall be evaluated for its eligibility for listing in the CRHR or as a unique archaeological resource. If the deposit is found to be eligible, all efforts should be made to avoid impacts to the resource. If avoidance is not feasible, adverse impacts shall be mitigated. Mitigation may include excavation of the archaeological deposit in accordance with the Secretary of Interior’s Standards and Guidelines for Archaeological Documentation that may include data recovery using standard archaeological field methods and procedures; laboratory and technical analyses of recovered archaeological materials; preparation of a report detailing the methods, findings, and significance of the archaeological site and associated materials; and accessioning of archaeological materials and a technical data recovery report at a curation facility. Upon completion of the assessment, the archaeologist shall prepare a report to document the methods and results of the assessment. The report shall be submitted to the NWIC/CHRIS upon completion of the resource assessment.
CUL-3 In the event that human skeletal remains are uncovered during ground-disturbing activities, all work shall immediately halt and the San Mateo County Coroner shall be contacted to evaluate the remains and following the procedures and protocols pursuant to Section 15064.5 (e)(1) of the CEQA Guidelines. If the County Coroner determines that the remains are Native American, the Coroner shall contact the NAHC, pursuant to subdivision (c) of Section 7050.5 of the Health and Safety Code, and all excavation activities shall cease within a 50-foot radius of the find until appropriate arrangements are made. A Secretary of Interiorqualified Archaeologist should also evaluate the historical significance of the discovery, the potential for additional human remains to be present, and provide further recommendations for treatment of the resource in accordance with the MLD recommendations and the Secretary of Interior Standards for the Treatment of Historic Properties. Adherence to CUL-3 would ensure that development carried out under the proposed Project would have a less than significant impact from potential disturbance of human remains, specifically those interred outside of formal cemeteries.