Cities Index.
9.18.24 PC_No 1_REDACT

Atherton City Council
September 18, 2024

Document
9.18.24 PC_No 1_REDACT
Meeting
September 18, 2024
Body
Atherton City Council
Original file
4.5 MB
Text extracted from the city's file for reading and search. Open the original on atherton.primegov.com. That file is the official record.

Comments on Agenda Item 7 ---Housing Element
Atherton City Council Meeting---September 18, 2024
My name is Bill Brownell. I have been an Atherton resident along with my wife Kimberly and our two (now grown) children for the last 26 years, living on Rosewood Drive in Lindenwood. We love this beautiful town and feel fortunate to reside here.

I would like to thank the City Council, the Planning Commission and Town Staff for the very thorough and thoughtful work that they have done on the Atherton Housing Element. This state mandate is a tough assignment for any Town and I think you have in handled it very well. In particular:
---The work making ADUs easier to establish and promoting this option really establishes a path to additional housing that is in keeping with the character of the Town. ---The diligent work exploring specific opportunities within the town where additional housing could be placed, including multi-family and affordable housing. This obviously involved a lot of “ground work” which led to many attractive opportunities being identified, such as with local private schools.
---The opportunities for public input that you have provided has also been exemplary.

At this point in the process, I have two suggestions for the Council:

1. On the Additional Multi-Family Residential Opportunity Sites, I agree with the Planning Commission that there is a problem with the three Bay Road sites. I drive that stretch of Bay Road between Ringwood and Marsh Road almost daily and I walk my dog probably weekly in that general area. That stretch of Bay Road is a high volume, high velocity transportation corridor that will only get additional volumes with the Menlo Park SRI redevelopment at the top of Ringwood Avenue. If you drive along there, you will see that there are few ingress/egress points, which is appropriate for this type of corridor. Trying to add nearly 30 housing units with probably 40 plus cars that need to enter and exit driveways right on Bay Road could cause significant traffic problems and potential public safety issues. I also feel that Atherton residents on Frederick Avenue right behind these lots will see some significant property value loss if we head down this path.

2. On a broader note, the approach to the Housing Element has been very specific and opportunistic, which is in many ways appropriate. However, what I have not yet seen is any broader City Planning type view about where the town should add housing over time. I think if you pursued that view you would likely come to the same conclusion that every other town in San Mateo County appears to be pursuing, which is that the best place for denser housing is on the El Camino and Caltrain transportation corridor. The recent developments in Menlo Park near El Camino are a good example. How might this apply to Atherton? Well, we already have a moderately higher density zoned area in that corridor in our R-1B zone. An option to consider is to allow a higher density overlay within a portion of the R-1B zone. This would be a medium-term housing option—as it would take time to develop---but I believe it is worth considering.

From: George Rodericks
To: Brittany Bendix
Cc: Anthony Suber
Subject: Fwd: proposed inclusion of 999 Ringwood Avenue, 352 Bay Road, 318 Bay Road and 296 Bay Road in the 2023- 2031 Atherton Housing Element
Date: Wednesday, September 18, 2024 9:52:08 AM
George Rodericks
City Manager
Town of Atherton
80 Fair Oaks Lane
Atherton, CA 94027
(650) 752-0504 - Office
[email protected]
Schedule A Meeting With Me
PUBLIC DISCLOSURE NOTICE:

This email and any attached files were sent from an email account assigned to a public official for the Town of Atherton. This email, replies to this email, or emails sent directly to this email account may constitute a public record and, if retained during the normal course of business, may be subject to disclosure to any person upon request.

Begin forwarded message:

From:

Subject: proposed inclusion of 999 Ringwood Avenue, 352 Bay Road, 318 Bay Road and 296 Bay Road in the 2023-2031 Atherton Housing Element Date: September 18, 2024 at 9:44:46 AM PDT
To: [email protected], [email protected], [email protected], [email protected], [email protected] [The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear City Council members, City Manager and Town Planner, My husband and I live in Lindenwood (99 Lupin Lane). The reason we love this neighborhood is the tranquility and park like atmosphere in Lindenwood. Erecting multi-housing units around this area will destroy the feel of the neighborhood, drastically increase traffic. As is, during morning and afternoon hours when schools start, exit from Frederick to Ringwood is usually extremely packed up. This will increase the problem many times over. I vote to remove these addresses from consideration.

Thanks
Belinda and Thierry Nivaggioli
From: George Rodericks
To: Brittany Bendix
Cc: Anthony Suber
Subject: Fwd: Extremely concerned about September 18 Meeting re. Housing Element Date: Wednesday, September 18, 2024 7:26:32 AM
George Rodericks
City Manager
Town of Atherton
80 Fair Oaks Lane
Atherton, CA 94027
(650) 752-0504 - Office
[email protected]
Schedule A Meeting With Me
PUBLIC DISCLOSURE NOTICE:

This email and any attached files were sent from an email account assigned to a public official for the Town of Atherton. This email, replies to this email, or emails sent directly to this email account may constitute a public record and, if retained during the normal course of business, may be subject to disclosure to any person upon request.

Begin forwarded message:

From: Brian Avery
Subject: Extremely concerned about September 18 Meeting re. Housing Element
Date: September 17, 2024 at 8:19:43 PM PDT
To: [email protected]
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear Atherton City Council members,
I am writing because I am extremely concerned about the process surrounding the Housing Element and the proposed changes to the Atherton General Plan and municipal zoning code.

I was born in Atherton 67 years ago and have chosen to live in Atherton most of my life. I write this letter on my birthday because I am astonished to see that we are supposed to immediately read 1,727 pages of material online to NOT JUST read, but assimilate, ask questions, and respond to a City Council Meeting. We can not be ready for the September 18 meeting.

I have been in the housing industry for 46 years, with operations in 14 cities. I have never seen so many pages of information put forth in such a short time.......nothing close over 46 years in 14 cities!
On Sunday, September 15th, some residents received an email from Atherton Online informing us that the City Council will meet on Wednesday, September 18. If residents are not signed up to receive emails from the Town then they may not even be aware of the documents that the Staff wants you to vote on this Wednesday.

The City Council should postpone the first reading of the Housing Element and proposed amendments to the Atherton Municipal Code/zoning rules until after you hold a special meeting to explain the proposed changes in the zoning code. Residents deserve an explanation of the new zoning overlay districts: RM-10, RM-20, and RM-40. The significant proposed amendments to the municipal code require further analysis, public input, and modification.

The proposed zoning changes currently apply to eleven properties in the new RM-10 zoning overlay and several in the RM-20 and RM-40 overlays. It is crucial that Atherton residents are given adequate time to understand the implications of these proposals since they will apply to many more properties in the future.

We can have successful multi-family projects in Atherton but the proposed amendments to the municipal code leave me with concerns about the proposed building heights, vertical sidewall heights, FAR and how it is calculated, setbacks, parking, noise, requirements of the fire department and overall density. The proposed amendments would permit a project similar to the three-story development at 133 Encinal Avenue which is not what has been discussed in the past.

There are also many details in the proposed Housing Element, such as the mid-cycle review standards, that need further discussion. Staff is proposing significant changes in the latest draft of the Housing Element that have not been discussed in a public meeting.

Thank you for considering my request to have a special meeting of the City Council to provide Atherton residents with the necessary information and sufficient time to review and comment on the latest draft of the Housing Element and the proposed amendments to the Atherton Municipal Code which includes changes to our zoning rules.

As City Council members, please do not vote on all of this and then ask us to read it later.

Sincerely,
Brian Avery
From: George Rodericks
To: Brittany Bendix
Cc: Anthony Suber
Subject: Fwd: Please postpone
Date: Tuesday, September 17, 2024 11:49:48 AM
George Rodericks
City Manager
Town of Atherton
80 Fair Oaks Lane
Atherton, CA 94027
(650) 752-0504 - Office
[email protected]
Schedule A Meeting With Me
PUBLIC DISCLOSURE NOTICE:

This email and any attached files were sent from an email account assigned to a public official for the Town of Atherton. This email, replies to this email, or emails sent directly to this email account may constitute a public record and, if retained during the normal course of business, may be subject to disclosure to any person upon request.

Begin forwarded message:

From: Brigette Lau
Subject: Please postpone
Date: September 17, 2024 at 11:21:15 AM PDT
To: "[email protected]" <[email protected]> [The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Hi,
I'm an Atherton Resident and reading the Housing Elements. It's 1.727 pages. Any chance you can postpone the public meeting? I have to work, and am unable to process so many pages in such a short period of time.

Best,
Brigette
From: Carolyn Ordonez
To: Council
Subject: Multifamily development sites
Date: Wednesday, September 18, 2024 10:56:25 AM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear council members,
Please remove 999 Ringwood, 352, 318, 296 Bay Road as potential multi family development sites from Atherton’s housing element draft.

These sites are in an area that is overwhelmed by traffic now. The adjacent intersection has safety issues due to a high volume of commuter traffic, school traffic, Flood Park traffic and bike and pedestrian traffic from the pedestrian bridge across highway 101.

There are three schools in the area and Tide Academy across 101.

No amenities exist in this area. By amenities I mean public transportation or grocery stores. A bus line for students travels Bay Road according School schedules only.

The parcels are in Atherton. But not one parcel connects to an Atherton Street. Atherton is using other cities to supply the infrastructure for multi family development.

It is so apparent that Atherton is avoiding compliance with state requirements by putting every potential site on the fringe of Atherton.

I will be making my comments to the state as will other residents in the area.

Sincerely,
Carolyn Ordoñez
From: George Rodericks
To: Brittany Bendix
Cc: Anthony Suber
Subject: Fwd: delaying city council meeting re/housing element changes Date: Tuesday, September 17, 2024 11:49:36 AM
George Rodericks
City Manager
Town of Atherton
80 Fair Oaks Lane
Atherton, CA 94027
(650) 752-0504 - Office
[email protected]
Schedule A Meeting With Me
PUBLIC DISCLOSURE NOTICE:

This email and any attached files were sent from an email account assigned to a public official for the Town of Atherton. This email, replies to this email, or emails sent directly to this email account may constitute a public record and, if retained during the normal course of business, may be subject to disclosure to any person upon request.

Begin forwarded message:

From: Carson
element changes
Date: September 17, 2024 at 11:39:58 AM PDT
To: [email protected]
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Hello,
I was made aware of some potential changes to the Atherton housing rules and wanted to make a request to delay this meeting on Wednesday, September 18th so I have time to adequately inform myself of the changes. This is a big change for Atherton and I am troubled that the residents were barely given any time and / or notice to view the potential changes that would irrevocably alter the Atherton housing landscape.

Sincerely,
Carson Eltoukhy
From: George Rodericks
To: Brittany Bendix
Cc: Anthony Suber
Subject: Fwd: Sept 18 meeting
Date: Tuesday, September 17, 2024 12:55:31 PM
George Rodericks
City Manager
Town of Atherton
80 Fair Oaks Lane
Atherton, CA 94027
(650) 752-0504 - Office
[email protected]
Schedule A Meeting With Me
PUBLIC DISCLOSURE NOTICE:

This email and any attached files were sent from an email account assigned to a public official for the Town of Atherton. This email, replies to this email, or emails sent directly to this email account may constitute a public record and, if retained during the normal course of business, may be subject to disclosure to any person upon request.

Begin forwarded message:

From:

Subject: Sept 18 meeting
Date: September 17, 2024 at 12:48:41 PM PDT
To: [email protected]
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
From:

Subject: Sept 18 meeting
Date: September 17, 2024 at 12:48:41 PM PDT
To: [email protected]
Dear Council members —
I am on your email list but didn’t notice that there is an upcoming meeting tomorrow to address some potential changes to the Housing Element. I’d like to be a part of a public hearing to get a better understanding of what changes you’re proposing — especially as it relates to development of units similar to the properties now at 133 Encinal Avenue.

I am writing to urge you to delay tomorrow’s meeting/discussion/voting of these plans until there has been a proper public forum for Atherton residents to learn more and give the Town feedback.

Thank you,
Courtney Charney
From: David Britts
To: Council; Diana Hawkins-Manuelian; Elizabeth Lewis; Rick DeGolia; Bill Widmer; Stacy Miles Holland; George Rodericks; Brittany Bendix
Cc: [email protected]
Subject: Atherton Housing Element - ELIMINATE 999 Ringwood Ave, 352/318/296 Bay Road Date: Wednesday, September 18, 2024 8:20:34 AM
Attachments: image001.png
image002.png
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear City Council,
We were both born and raised in Menlo Park and have lived in Atherton since 1998. While we understand that meeting California’s Housing Element requirement has proven to be challenging, we strongly agree with the Atherton Planning Commission’s recommendation to remove the Ringwood & Bay Road properties from the Housing Element Re-Zoning. These four properties were not included as part of the original 17 potential sites identified in the initial analysis by Atherton, and it is unclear to us as to why they would be included now. They do not meet the Goals, Objectives, and Policies that set the standard for inclusion by the Town.

We feel blessed to have enjoyed Atherton's peaceful, quiet community over the past 26 years and certainly would like it to remain that way. We support the Council’s efforts to expand the number of ADUs to meet the state’s requirements and hope you explore that path thoroughly. Thank you.

David & Dori Britts
1 Mosswood Way
David Britts
Managing Partner
www.ipv.global
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.

From: Elizabeth Jenson
To: Council
Cc: Warren Jenson
Subject: PLEASE Delay Housing Vote!
Date: Wednesday, September 18, 2024 2:57:25 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear Council Members –
PLEASE DELAY THE VOTE ON THE PROPOSED HOUSING ELEMENT! We are very concerned about the approval process of the Housing Element and the municipal zoning changes. In particular, the continued inclusion of the properties on Bay road --despite the fact that they do not qualify under your own parameters – is unsafe for the school children of the Lindenwood neighborhood. The Town Planning Commission has appropriately recommended the removal of the Bay Road/Ringwood Ave from the Housing Element.

Most Atherton residents, or even those nearby properties proposed for zoning changes, have even received notice of these changes. Thankfully, we were personally made aware of this upcoming vote by neighbors. Although we live on Fredrick Avenue in Lindenwood, we were never notified that Bay Road properties just around the corner from us would be included in the multi-family housing proposals. ALL town residents deserve time to read through the 1,700+ pages of complex materials and information before major zoning changes are made to the character of our town.

We ask that you postpone the first reading of the Housing Element and the proposed amendments to the Atherton Municipal Cod/zoning rules. As residents affected by these changes, we need time to study and understand these rule changes – and urge the City Council to hold a special meeting to learn more.

Both of us our out of town this week and are unable to rush back in time to attend tonight’s meeting. However, we would appreciate our serious concerns being heard and our need to understand the consequences of these proposed rule changes before they are rushed through.

It is also important for us to hear why the Town Council is disregarding the recommendations by our esteemed Atherton Planning Commission.

Again, please delay the first reading tonight and postpone the vote on this very serious matter that will change the character of our Atherton neighborhoods and put school children at risk on their way to/from school every day!
Sincerely,
Elizabeth and Warren Jenson
Atherton
Housing Element Recommendations for 9/18/24 Town Council Meeting:

Summary:

It is highly recommended that the Council “pause” any action on the Housing Element submission until our residents can review and appropriately comment on the draft submission. - Listen to the input of the Atherton residents very early in the process - The Planning Commission is the obvious initial source of input from residents & they could be augmented with addition residents with appropriate experience/expertise - Create a new vison based on the strategic views and expertise of our Atherton residents Timing: (It is now or never!)
It is never too late to pause & “Change Course”! In life, it is always better to admit a misjudgment & do the “Right Thing” vs. “Stay the Course” had continue on to a disaster.

Three well-known examples of leaders that should have halted & changed direction based on new information they received were:
1) The Donner Party in 1846
2) General George Armstrong Custer in 1876
3) Captain Edward Smith on the Titanic in 1912
Let’s not add a 4th with the Atherton Town Council’s Housing Element submission in 2024 Next Steps:

Immediately convene a Task Force of Atherton Residents & M-Group experts to propose a strategic vision for the Housing Element submission that:
1) Fits the real needs/desires of Atherton’s residents
2) Meets the “Intent” and requirements of the State’s initiative 3) Provides housing for “underserved” communities both within Atherton & in our local community
4) Works openly with our Atherton neighbors (Menlo College, Circus Club, etc.) to find mutually beneficial options to solve the dilemma
5) The Task Force to submit a general proposal to the Council and the Atherton Community before the end of 2024, or in January 2025
In Summary:
- A deadline is no reason to “Do the Wrong Thing”!
- Atherton residents deserve (& have paid for) better!
- Our residents didn’t get here by “just following the rules”! - They went beyond and created something much better
- We should do the same with the Housing Element submission From: David Haynes
To: Council
Subject: September 18 Meeting
Date: Tuesday, September 17, 2024 10:38:01 AM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear Members of the Atherton City Council,
I am writing to express my concern about the process surrounding the Housing Element and the proposed changes to the Atherton General Plan and municipal zoning code.

Late last week we received a postcard from Atherton informing us that the City Council will meet on Wednesday, September 18th to consider amendments to the Atherton General Plan, along with an introduction of municipal code amendments as part of the Housing Element Update.For some reason, this was the only notice we received.

Subsequently, I was able to obtain just recently the complicated 1,727 pages to read and understand before the City Council meeting on September 18th. It seems unreasonable to expect residents to review this information, let alone to be able to attend the meeting on such short notice and be prepared to provide thoughtful comments.

The City Council should postpone the first reading of the Housing Element and proposed amendments to the Atherton Municipal Code/zoning rules until after you hold a special meeting to explain the proposed changes in the zoning code. Residents deserve an explanation of the new zoning overlay districts: RM-10, RM-20, and RM-40. The significant proposed amendments to the municipal code require further analysis, public input, and modification.

Atherton residents should be given adequate time to understand the implications of these proposals since they will apply to many more properties in the future.

We have attended meetings in the past and expressed our various concerns to important changes to our zoning rules and the overlays, and the latest draft will likely seriously impact the town and all of its residents.

Thank you for considering my request to have a special meeting of the City Council to provide Atherton residents with the necessary information and sufficient time to review and comment on the latest draft of the Housing Element and the proposed amendments to the Atherton Municipal Code which includes changes to our zoning rules.

As City Council members, please do not vote on all of this and then ask us to read it later.

Respectfully,
David A. Haynes
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS EMAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY ME IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU FOR YOUR COOPERATION.

From: Jas Athwal
To: Council; George Rodericks; Brittany Bendix
Subject: Concerned Lindenwood Resident - Housing Element Rezoning Date: Wednesday, September 18, 2024 9:29:33 AM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
I am writing to you, the council members, the city manager, and the town planner for Atherton to express deep concern about the proposal to rezone various lots on Ringwood and Bay to be included in the Housing Element Rezoning plan. The residents of Lindenwood feel utterly blindsided by the inclusion of these lots in the proposed plan and strongly encourage you NOT to include them in the plan.

The selection of these homes is arbitrary and capricious. The town undertook an extensive analysis of potential lots in Atherton that would meet the town's expressly stated Goals, Objectives and Policies. The diligent review by the responsible parties identified 17 such sites that would meet most if not all of the stated objectives. The four properties in question were not included as potential sites in the initial extensive review and selection because they do not meet the mandated criteria and in fact grossly violate most of the enumerated Goals, Objectives and Policies that set the standards for potential inclusion.

I expect the council to follow the Planning Commission recommendation and remove the Ringwood and Bay lots from the plan.

Jas Athwal
From: Jeff Diller
To: Council; George Rodericks; Brittany Bendix; Diana Hawkins-Manuelian Cc: Jeff Diller Yahoo Email; Natalie Diller
Subject: Planning Commission"s recent vote regarding the proposed Housing Element Re-Zoning.

Date: Wednesday, September 18, 2024 10:00:49 AM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Hello,
As long time Lindenwood residents we wanted to voice our support for the Planning Commission's recent vote to recommend that the properties at 999 Ringwood Avenue, 352 Bay Road, 318 Bay Road and 296 Bay Road be deleted from the recommended proposed Housing Element Re-Zoning, i.e., we do not want these properties rezoned for multi-family structures.

Thank you for your support.

Jeff and Natalie Diller
From: Jeff Morris
To: Council
Subject: City Council meeting on September 18, 2024
Date: Wednesday, September 18, 2024 10:20:35 AM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear Members of the Atherton City Council,
I am writing to express my concern regarding the process surrounding both the Housing Element and the proposed changes to the Atherton General Plan and municipal code.

It is my understanding that the process to approve the Housing Element is different from the process to adopt amendments to the Municipal Code and rezoning. Staff should review Gov Code § 65583(c)(1)(A) to confirm the time that is provided to Atherton to complete the rezoning and Amendments to our Municipal Code.

As part of the Housing Element law and adoption process, it seems like our Staff is trying to amend the General Plan and Zoning Map for the rezoning/overlay before the subsequent draft of the Housing Element has even been formally approved by HCD. That's like putting the cart before the horse. If HCD has additional comments or suggested changes and the Town has already adopted the general plan and zoning map amendments, then it would need to go through the entire exercise all over again. That is why Housing Element law allows towns to make zoning map and code amendments up to one year after the Housing Element is finally adopted, under Gov. Code section 65583(c)(1)(A). Furthermore, this process and timeline to amend the zoning after the adoption of the Housing Element allows for a more thorough and complete environmental review process to analyze the impacts of the zoning change.

We have been advised that Atherton does not have to complete the rezoning and amendments to the municipal code by mid-October. Atherton should have twelve (12) months following the date that we receive a formal approval letter of the Housing Element from HCD to complete the rezoning and amendments to the municipal zoning code.

On Sunday, September 15th, some residents received an email from Atherton Online informing us that the City Council will meet on Wednesday, September 18th to consider amendments to the Atherton General Plan, along with an introduction of municipal code amendments as part of the Housing Element Update.

If residents are not signed up to receive emails from the Town, they may be completely unaware of the important documents that the Staff is asking you to vote on this Wednesday.

I found 1,727 pages of complex material online to read and understand before the City Council meeting on September 18th. It is unreasonable to expect residents to locate these documents online, thoroughly review the information, and be prepared to provide informed comments with such limited notice.

I urge the City Council to postpone the first reading of the Housing Element and the proposed amendments to the Atherton Municipal Code/zoning rules. This postponement would allow time for a special meeting where the proposed changes to the Housing Element and zoning code can be explained in detail. Residents deserve an explanation of the new zoning overlay districts: RM-10, RM-20, and RM-40. As stated above, we should have twelve (12) months following HCD approval to complete the rezoning process.

The significant proposed amendments to the Municipal Code require further analysis, public input, and modification. We have conducted extensive analysis of the proposed amendments to the Municipal Code, shared ideas to Staff about the proposed amendments, and are frustrated by the apparent disregard for our suggestions.

It is important to take a longer-term perspective of Atherton’s future. The proposed changes to the municipal code will be with us forever, and Atherton residents deserve to voice their concerns before decisions are made about the future of our town.

The proposed zoning changes currently apply to eleven properties in the new RM-10 zoning overlay and several more in the RM-20 and RM-40 overlays. It is essential that Atherton residents be given adequate time to fully understand the implications of these proposed amendments, as they will undoubtedly apply to many more properties in Atherton in the future.

At tonight’s meeting, a significant amount of time will be spent discussing why the City Council is not adopting the recommendations of the Planning Commission. Residents are eager to understand why Staff proposes is proposing to disregard the recommendations of the Planning Commission.

Atherton can successfully implement multi-family projects with more modest amendments to the municipal code. The proposed amendments leave residents with concerns and questions about:

Building heights in each zoning overlay
Vertical sidewall heights need discussion since the front sidewall height in the RM-10 is higher than you have discussed in the past.

FAR (floor area ratio) is higher than required
The calculation of FAR needs review since the effective FARs, including basements and dormer areas, could exceed 80%.

Setbacks (front, side and rear) need review to preserve the character of Atherton and safeguard residents’ privacy and protection from noise.

Parking requirements need to be review, including the need to provide incentives for underground parking.

Fire department requirements, ensuring that driveways are wide enough for fire trucks
Overall densities for each zoning overlay
Minimum number of units for each zoning overlay requires significant thought and analysis.

The proposed FAR’s do not help Atherton and conflict with Table HE-12: Atherton’s Plan for Meeting RHNA by Category. The higher FAR that we provide to developers will create higher priced housing units, more profits for developers, and do nothing to satisfy our promises to HCD that we will provide a variety of housing options for lower income residents.

Atherton's RHNA requirement is to plan for 348 housing units, of which 204 must be allocated for lower-income levels: 94 for Very Low, 54 for Low, and 56 for Moderate income levels. However, the Housing Element projections for the multi-family overlays show a different distribution: 57 units for Very Low, 14 for Low, 25 for Moderate, and 0 for Above Moderate income levels.

This raises a concern that the current plan appears to prioritize profits for developers without adequately addressing our RHNA requirements. If this is indeed the case, I urge you to consider: why are we moving forward with a plan that does not help fulfill our RHNA obligations?
The proposed amendments to the Atherton Municipal Code should not allow a project like the three-story development at 133 Encinal Avenue referenced in the staff report. Residents who listened and attended City Council meetings did not hear that such a project would be permitted in the RM-10 zoning overlay.

The proposals for RM-20 and RM-40 would allow four and possibly five story buildings in Atherton. Sites within these zoning overlay areas need further analysis, especially those adjacent to single-family zoning areas.

There are numerous details in the proposed Housing Element, such as the mid-cycle review standards, that require further discussion and analysis. Staff is proposing significant changes in the latest draft of the Housing Element that have not been discussed in a public meeting.

Thank you for considering my request to have a special meeting of the City Council to provide Atherton residents with sufficient time to review and comment on the latest draft of the Housing Element.

We have also heard that some neighbors of the proposed multi-family sites were not properly noticed.

Please do not have a first reading tonight and then ask us to read it later to find out what was approved.

Best wishes,
Jeff Morris
From: JOE FARNED
To: Council; Diana Hawkins-Manuelian; Elizabeth Lewis; Rick DeGolia; Bill Widmer; Stacy Miles Holland Subject: Atherton Housing Element - Bay Road Sites
Date: Wednesday, September 18, 2024 1:07:09 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear Atherton City Council MembersI received the below email from a concerned neighbor. Although I will not be able to attend tonight’s meeting, I support the sentiments expressed below. The Planning Commission recommended that the properties on Bay Road should NOT be rezoned and I support this position.

Regards
Joe Farned
Dear Lindenwood neighbors,
Please take a moment to read this email as it concerns an important vote that the Atherton City Council will be making soon regarding the proposed inclusion of 999 Ringwood Avenue, 352 Bay Road, 318 Bay Road and 296 Bay Road in the 2023-2031 Atherton Housing Element.

The proposed changes will significantly impact the quality of life in Lindenwood, certainly for those on Fredrick Avenue, but also for the rest of our neighborhood.

The selection of these homes is arbitrary and capricious. The town undertook an extensive analysis of potential lots in Atherton that would meet the town's expressly stated Goals, Objectives and Policies. The diligent review by the responsible parties identified 17 such sites that would meet most if not all of the stated objectives. The four properties in question were not included as potential sites in the initial extensive review and selection because they do not meet the mandated criteria and in fact grossly violate most of the enumerated Goals, Objectives and Policies that set the standards for potential inclusion.

The 17 properties initially identified as best meeting the Objective Criteria for MultipleHousing have been removed from consideration. Instead, last July the Atherton City Council identified the lots at 999 Ringwood Avenue, 352 Bay Road, 318 Bay Road and 296 Bay Road for zoning overlay to be turned into multi-family housing. The proposed zoning would allow 10-14 units per lot in structures up to 4 stories high with the back of the properties adjacent to the homes going down Frederick Avenue.

The additional traffic to the local streets, cross town driving and traffic patterns in the immediate and extended vicinity substantially impairs the safety of children riding their bikes or walking to school. This is a substantial increased hazard. Additionally, the vehicle traffic entering and exiting the properties, especially individuals that are trying to turn left onto Bay Road and/or Ringwood during morning or evening rush hours. Delays, accidents and conflicts are apparent on the face of this proposal. This additional traffic would lead to more vehicles cutting through Lindenwood. By the government's own standards, the properties are already in a High Vehicle Miles Traveled area, and these developments would only exacerbate the already problematic situation. There is no public transit system, no onstreet parking, and no safe walking egress from these properties.

The noise arising from these proposed Multi-Dwelling units would reasonably be expected to create 9 to 13 times more noise than the single-family homes that currently set the standard for the Town ‘s residential character. This offensive intrusion specifically violates the Town’s directive to protect the peace and health of Atherton citizens from “…unreasonable noise produced by any Person (or Persons).” The noise generated by ten to fourteen families with their cars, recreation, pets and other daily activities will produce an intrusive level of sound and violates the current character of Atherton.

The proposed Multi-Housing Units are not “…Visually harmonious and compatible with the neighborhood character", one of theTown’s expressly stated Goals, Objectives and Policies.

The average size home facing Bay Road for almost a mile in each direction are single family homes of 1,700 to 2,500 square feet and the properties on Fredrick Avenue abutting the selected properties are about 25% of the proposed Multi-Family units that would be approximately 20,000 square feet per lot. The potentially 40 feet tall Multi-Family structures proposed for the zoning of these properties would be intrusive, dominating, non-compatible, unharmonious and inconsistent with the neighborhood character.

The proposed Multi-Home zoning of the Properties also violates the Privacy rights of Atherton residents, which are repeatedly stated in the Town’s Charter and are integral to the nature of Atherton. It is a gross violation to change the zoning of properties that are now 1-2 story single family homes to allow building large structures housing 10 to 14 families that will have a direct
sight line from above, down into neighbors’ homes behind them.

The Planning Commission at its August 28, 2024 meeting analyzed this situation and found it unacceptable to be re-zoned and voted to recommend the properties at 999 Ringwood Avenue, 352 Bay Road, 318 Bay Road and 296 Bay Road be deleted from the recommended proposed Housing Element Re-Zoning.

Now the City Council must vote on whether to accept the Planning Commission's recommendation or vote to keep these properties in the proposed Housing Element Rezoning plan. We need to let the City Council know that Lindenwood does NOT want these properties rezoned for Multi-Family structures. If they do not hear from you, they will assume you acquiesce to the proposed zoning changes. Please attend the City Council Meeting on Wednesday, September 18, 2024 at 6pm-10pm to voice your objection. You can attend virtually if you cannot make it in person.

From: George Rodericks
To: Brittany Bendix
Cc: Anthony Suber
Subject: Fwd: Upcoming Vote on Proposed Multi-Family Re-Zoning Plan Date: Wednesday, September 18, 2024 7:26:57 AM
George Rodericks
City Manager
Town of Atherton
80 Fair Oaks Lane
Atherton, CA 94027
(650) 752-0504 - Office
[email protected]
Schedule A Meeting With Me
PUBLIC DISCLOSURE NOTICE:

This email and any attached files were sent from an email account assigned to a public official for the Town of Atherton. This email, replies to this email, or emails sent directly to this email account may constitute a public record and, if retained during the normal course of business, may be subject to disclosure to any person upon request.

Begin forwarded message:

From: Julie
Re-Zoning Plan
Date: September 17, 2024 at 6:44:00 PM PDT
To: [email protected]
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Good evening George,
Hope this finds you well.

It has just come to my attention that the Atherton City Council will be voting on a MultiHome zoning that will negatively affect the Lindenwood neighborhood of Atherton should it be approved.

As a Lindenwood resident, I strongly oppose rezoning the following properties at 999 Ringwood Avenue, 352 Bay Road, 318 Bay Road and 296 Bay Road to become multi family structures.

Thank you for your continued efforts to keep Atherton a safe, friendly and beautiful place to reside.

All the best,
Julie Douglass
Atherton
From: Lesley Feldman
To: Council
Subject: comments from a neighbor on Atherton"s housing element Date: Wednesday, September 18, 2024 12:53:00 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
My name is Lesley Feldman, and I am a resident of Menlo Park in the Flood Triangle neighborhood, which is adjacent to the parcels planned for rezoning in the Atherton Housing Element at the corner of Bay and Ringwood. Our region is in an acute housing crisis, with a lack of housing at all income levels, especially for low/medium income individuals. Therefore, overall I am supportive of the plan to add overlay zoning for these parcels for multifamily zoning. However, I would like to convey a few sentiments to the Atherton City Council.

First, the parcels planned for rezoning are on the farthest borders of Atherton. The proposed sites are so far to the edge of Atherton that the across-the-street neighbors are Menlo Park residents. Looking at the map, it is very stark. The housing crisis is acute, and Atherton needs to do its part, not push its required housing to the fringes. This does not meet the spirit of the housing requirement, which encourages communities to plan housing near transportation hubs. Nevertheless, as I state above, I support more housing, wherever it is, and I hope Atherton will plan for more housing throughout its jurisdiction.

Next, for the corner of Bay and Ringwood in particular, this is a corridor that is heavily used by students and families walking and biking to/from Laurel and M-A. In its current state, this is not a safe intersection for pedestrians or cyclists. The potential for the new development opens the door to redesigning the roadscape in ways that will make it safer for all: pedestrians, cyclists, and drivers, but most of all children.

The housing element report referenced a variety of things, including a traffic light, changes to traffic patterns on Ringwood/Sonoma, and bike infrastructure. These are an essential part of the project, and should not be an afterthought.

With respect,
Lesley Feldman
From: George Rodericks
To: Brittany Bendix
Cc: Anthony Suber
Subject: Fwd: More time needed please.

Date: Wednesday, September 18, 2024 7:26:21 AM
George Rodericks
City Manager
Town of Atherton
80 Fair Oaks Lane
Atherton, CA 94027
(650) 752-0504 - Office
[email protected]
Schedule A Meeting With Me
PUBLIC DISCLOSURE NOTICE:

This email and any attached files were sent from an email account assigned to a public official for the Town of Atherton. This email, replies to this email, or emails sent directly to this email account may constitute a public record and, if retained during the normal course of business, may be subject to disclosure to any person upon request.

Begin forwarded message:

From: Mike Child
Subject: More time needed please.

Date: September 17, 2024 at 11:57:48 PM PDT
To: [email protected]
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear Members of the Atherton City Council; Diana, Elizabeth, Bill, Rick, and Stacy I apologize that I will be unable to attend the meeting later today as Renee and I are on a trip that began last week. I have been unable to properly review the large volume of materials that were recently posted, so my comments are general in nature rather than specific as to the recommendations from the planners. And this is why
I am writing to express my concern about the hurried process surrounding the final steps of completing the Housing Element and the related important proposed changes to the Atherton General Plan and municipal zoning code. You all have overseen a deliberate process and you have previously given residents the opportunity to comment on and participate in the process. This is not true of this final phase, and I strongly urge the City Council to add some additional time to this process to allow yourselves and the Atherton residents a proper amount of time to review, understand, and comment on the significant changes in zoning and municipal codes that are being recommended by the planners. I do not believe the planners have the same interests as you and the citizens of Atherton, so their recommendations must be reviewed carefully and with a sense of curiosity and skepticism if we are to arrive at a reasonable conclusion. In particular it would be helpful to have a scheduled meeting with the residents and the planners to review the proposed changes which are substantial and will have long term consequences.

Thank you for considering my request to provide Atherton residents with the necessary information and sufficient time to review and comment on the proposed municipal zoning code changes.

Best regards
Mike Child
Sent from my iPhone
From: George Rodericks
To: Brittany Bendix
Cc: Anthony Suber
Subject: Fwd: Wednesday-September 18th Meeting
Date: Tuesday, September 17, 2024 12:20:29 PM
George Rodericks
City Manager
Town of Atherton
80 Fair Oaks Lane
Atherton, CA 94027
(650) 752-0504 - Office
[email protected]
Schedule A Meeting With Me
PUBLIC DISCLOSURE NOTICE:

This email and any attached files were sent from an email account assigned to a public official for the Town of Atherton. This email, replies to this email, or emails sent directly to this email account may constitute a public record and, if retained during the normal course of business, may be subject to disclosure to any person upon request.

Begin forwarded message:

From: Ned Spieker
Date: September 17, 2024 at 11:54:44 AM PDT
To: "[email protected]" <council
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear Members of the Atherton City Council,
I am writing to express my concern about the process surrounding the Housing Element and the proposed changes to the Atherton General Plan and municipal zoning code.

On Sunday, September 15th, residents could have received an email from Atherton Online informing us City Council will meet on Wednesday, September 18th to consider amendments to the Atherton General Plan, along with an introduction of municipal code amendments as part of the Housing Element Update.

If residents are not signed up to receive emails from the Town, then they may not even be aware of the agenda for the meeting.

Upon reviewing the information online, I found 1,727 pages of material to read before the City Council meeting on September 18th. It seems unreasonable to expect residents to thoroughly review this information and be prepared to provide informed comments at a meeting a few days later.

I strongly urge the City Council to postpone the first reading of the Housing Element and zoning code changes until after it holds a special meeting to explain the proposed changes in the zoning code, particularly regarding the new zoning overlay districts: RM-10, RM-20, and RM-40. The proposed municipal code changes require further analysis, public input, and modification.

The proposed zoning changes currently apply to eleven properties in the new RM-10 zoning overlay and several in the RM-20 and RM-40 overlays. It is crucial that Atherton residents are given adequate time to understand the implications of these proposals, as they could potentially affect more properties in the future.

There are also many details in the proposed Housing Element that need further discussion. Staff have proposed changes in the latest draft of the Housing Element that have not been discussed in a public meeting.

Thank you for considering my request to have a special meeting of the City Council to provide Atherton residents with the necessary information and sufficient time to review and comment on the proposed municipal zoning code changes.

Best wishes,
Ned Spieker
From: Ned Spieker
To: Council
Cc: Ned Spieker
Subject: Wednesday-September 18th Meeting
Date: Tuesday, September 17, 2024 11:54:59 AM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear Members of the Atherton City Council,
I am writing to express my concern about the process surrounding the Housing Element and the proposed changes to the Atherton General Plan and municipal zoning code.

On Sunday, September 15th, residents could have received an email from Atherton Online informing us City Council will meet on Wednesday, September 18th to consider amendments to the Atherton General Plan, along with an introduction of municipal code amendments as part of the Housing Element Update.

If residents are not signed up to receive emails from the Town, then they may not even be aware of the agenda for the meeting.

Upon reviewing the information online, I found 1,727 pages of material to read before the City Council meeting on September 18th. It seems unreasonable to expect residents to thoroughly review this information and be prepared to provide informed comments at a meeting a few days later.

I strongly urge the City Council to postpone the first reading of the Housing Element and zoning code changes until after it holds a special meeting to explain the proposed changes in the zoning code, particularly regarding the new zoning overlay districts: RM-10, RM-20, and RM-40. The proposed municipal code changes require further analysis, public input, and modification.

The proposed zoning changes currently apply to eleven properties in the new RM-10 zoning overlay and several in the RM-20 and RM-40 overlays. It is crucial that Atherton residents are given adequate time to understand the implications of these proposals, as they could potentially affect more properties in the future.

There are also many details in the proposed Housing Element that need further discussion. Staff have proposed changes in the latest draft of the Housing Element that have not been discussed in a public meeting.

Thank you for considering my request to have a special meeting of the City Council to provide Atherton residents with the necessary information and sufficient time to review and comment on the proposed municipal zoning code changes.

Best wishes,
Ned Spieker
From: George Rodericks
To: Brittany Bendix
Cc: Anthony Suber
Subject: Fwd: City Council meeting on September 18, 2024 Date: Wednesday, September 18, 2024 11:03:22 AM
George Rodericks
City Manager
Town of Atherton
80 Fair Oaks Lane
Atherton, CA 94027
(650) 752-0504 - Office
[email protected]
Schedule A Meeting With Me
PUBLIC DISCLOSURE NOTICE:

This email and any attached files were sent from an email account assigned to a public official for the Town of Atherton. This email, replies to this email, or emails sent directly to this email account may constitute a public record and, if retained during the normal course of business, may be subject to disclosure to any person upon request.

Begin forwarded message:

From: Perry
Date: September 18, 2024 at 10:47:27 AM PDT
To: "[email protected]" <[email protected]> [The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear Members of the Atherton City Council,
We are writing to express our concern regarding the process surrounding both the Housing Element and the proposed changes to the Atherton General Plan and municipal code.

It is our understanding that the process to approve the Housing Element is different from the process to adopt amendments to the Municipal Code and rezoning. Staff should review Gov Code § 65583(c)(1)(A) to confirm the time that is provided to Atherton to complete the rezoning and Amendments to our Municipal Code.

As part of the Housing Element law and adoption process, it seems like our Staff is trying to amend the General Plan and Zoning Map for the rezoning/overlay before the subsequent draft of the Housing Element has even been formally approved by HCD. That's like putting the cart before the horse.

If HCD has additional comments or suggested changes and the Town has already adopted the general plan and zoning map amendments, then it would need to go through the entire exercise all over again. That is why Housing Element law allows towns to make zoning map and code amendments up to one year after the Housing Element is finally adopted, under Gov. Code section 65583(c)(1)(A). Furthermore, this process and timeline to amend the zoning after the adoption of the Housing Element allows for a more thorough and complete environmental review process to analyze the impacts of the zoning change.

We have been advised that Atherton does not have to complete the rezoning and amendments to the municipal code by mid-October. Atherton should have twelve (12) months following the date that we receive a formal approval letter of the Housing Element from HCD to complete the rezoning and amendments to the municipal zoning code.

On Sunday, September 15th, some residents received an email from Atherton Online informing us that the City Council will meet on Wednesday, September 18th to consider amendments to the Atherton General Plan, along with an introduction of municipal code amendments as part of the Housing Element Update.

If residents are not signed up to receive emails from the Town, they may be completely unaware of the important documents that the Staff is asking you to vote on this Wednesday.

While we have been actively following the evolution of these issues, we found 1,727 pages of complex material online to read and understand before the City Council meeting on September 18th. It is unreasonable to expect residents to locate these documents online, thoroughly review the information, and be prepared to provide informed comments with such limited notice.

We have also heard that some neighbors of the proposed multi-family sites were not properly noticed.

We urge the City Council to postpone the first reading of the Housing Element and the proposed amendments to the Atherton Municipal Code/zoning rules. This postponement would allow time for a special meeting where the proposed changes to the Housing Element and zoning code can be explained in detail. Residents deserve an explanation of the new zoning overlay districts: RM-10, RM-20, and RM-40. As stated above, we should have twelve (12) months following HCD approval to complete the rezoning process.

The significant proposed amendments to the Municipal Code require further analysis, public input, and modification. We have conducted extensive analysis of the proposed amendments to the Municipal Code, shared ideas to Staff about the proposed amendments, and are frustrated by the apparent disregard for our suggestions.

It is important to take a longer-term perspective of Atherton’s future. The proposed changes to the municipal code will be with us forever, and Atherton residents deserve to voice their concerns before decisions are made about the future of our town.

The proposed zoning changes currently apply to eleven properties in the new RM-10 zoning overlay and several more in the RM-20 and RM-40 overlays. It is essential that Atherton residents be given adequate time to fully understand the implications of these proposed amendments, as they will undoubtedly apply to many more properties in Atherton in the future.

At tonight’s meeting, a significant amount of time will be spent discussing why the City Council is not adopting the recommendations of the Planning Commission. Residents are eager to understand why Staff is proposing to disregard the recommendations of the Planning Commission.

Atherton can successfully implement multi-family projects with more modest amendments to the municipal code. The proposed amendments leave residents with concerns and questions about:

Building heights in each zoning overlay
Vertical sidewall heights need discussion since the front sidewall height in the RM-10 is higher than you have discussed in the past.

FAR (floor area ratio) is higher than required
The calculation of FAR needs review since the effective FARs, including basements and dormer areas, could exceed 80%.

Setbacks (front, side and rear) need review to preserve the character of Atherton and safeguard residents’ privacy and protection from noise.

Parking requirements need to be review, including the need to provide incentives for underground parking.

Fire department requirements, ensuring that driveways are wide enough for fire trucks
Overall densities for each zoning overlay
Minimum number of units for each zoning overlay requires significant thought and analysis.

The proposed FAR’s do not help Atherton and conflict with Table HE-12: Atherton’s Plan for Meeting RHNA by Category. The higher FAR that we provide to developers will create higher priced housing units, more profits for developers, and do nothing to satisfy our promises to HCD that we will provide a variety of housing options for lower income residents.

Atherton's RHNA requirement is to plan for 348 housing units, of which 204 must be allocated for lower-income levels: 94 for Very Low, 54 for Low, and 56 for Moderate income levels. However, the Housing Element projections for the multi-family overlays show a different distribution: 57 units for Very Low, 14 for Low, 25 for Moderate, and 0 for Above Moderate income levels.

This raises a concern that the current plan appears to prioritize profits for developers without adequately addressing our RHNA requirements. If this is indeed the case, I urge you to consider: why are we moving forward with a plan that does not help fulfill our RHNA obligations?
The proposed amendments to the Atherton Municipal Code should not allow a project like the three-story development at 133 Encinal Avenue referenced in the staff report. Residents who listened and attended City Council meetings did not hear that such a project would be permitted in the RM-10 zoning overlay.

The proposals for RM-20 and RM-40 would allow four and possibly five story buildings in Atherton. Sites within these zoning overlay areas need further analysis, especially those adjacent to single-family zoning areas.

There are numerous details in the proposed Housing Element, such as the mid-cycle review standards, that require further discussion and analysis. Staff is proposing significant changes in the latest draft of the Housing Element that have not been discussed in a public meeting.

Thank you for considering our request to have a special meeting of the City Council to provide Atherton residents with sufficient time to review and comment on the latest draft of the Housing Element.

Please do not have a first reading tonight and then ask us to read it later to find out what was approved.

Respectfully,
Perry and Lynne Olson

From: Perry Olson
To: Council
Subject: City Council meeting on September 18, 2024
Date: Wednesday, September 18, 2024 10:47:37 AM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Dear Members of the Atherton City Council,
We are writing to express our concern regarding the process surrounding both the Housing Element and the proposed changes to the Atherton General Plan and municipal code.

It is our understanding that the process to approve the Housing Element is different from the process to adopt amendments to the Municipal Code and rezoning. Staff should review Gov Code § 65583(c)(1)(A) to confirm the time that is provided to Atherton to complete the rezoning and Amendments to our Municipal Code.

As part of the Housing Element law and adoption process, it seems like our Staff is trying to amend the General Plan and Zoning Map for the rezoning/overlay before the subsequent draft of the Housing Element has even been formally approved by HCD. That's like putting the cart before the horse.

If HCD has additional comments or suggested changes and the Town has already adopted the general plan and zoning map amendments, then it would need to go through the entire exercise all over again. That is why Housing Element law allows towns to make zoning map and code amendments up to one year after the Housing Element is finally adopted, under Gov. Code section 65583(c)(1)(A). Furthermore, this process and timeline to amend the zoning after the adoption of the Housing Element allows for a more thorough and complete environmental review process to analyze the impacts of the zoning change.

We have been advised that Atherton does not have to complete the rezoning and amendments to the municipal code by mid-October. Atherton should have twelve (12) months following the date that we receive a formal approval letter of the Housing Element from HCD to complete the rezoning and amendments to the municipal zoning code.

On Sunday, September 15th, some residents received an email from Atherton Online informing us that the City Council will meet on Wednesday, September 18th to consider amendments to the Atherton General Plan, along with an introduction of municipal code amendments as part of the Housing Element Update.

If residents are not signed up to receive emails from the Town, they may be completely unaware of the important documents that the Staff is asking you to vote on this Wednesday.

While we have been actively following the evolution of these issues, we found 1,727 pages of complex material online to read and understand before the City Council meeting on September 18th. It is unreasonable to expect residents to locate these documents online, thoroughly review the information, and be prepared to provide informed comments with such limited notice.

We have also heard that some neighbors of the proposed multi-family sites were not properly noticed.

We urge the City Council to postpone the first reading of the Housing Element and the proposed amendments to the Atherton Municipal Code/zoning rules. This postponement would allow time for a special meeting where the proposed changes to the Housing Element and zoning code can be explained in detail. Residents deserve an explanation of the new zoning overlay districts: RM-10, RM-20, and RM-40. As stated above, we should have twelve (12) months following HCD approval to complete the rezoning process.

The significant proposed amendments to the Municipal Code require further analysis, public input, and modification. We have conducted extensive analysis of the proposed amendments to the Municipal Code, shared ideas to Staff about the proposed amendments, and are frustrated by the apparent disregard for our suggestions.

It is important to take a longer-term perspective of Atherton’s future. The proposed changes to the municipal code will be with us forever, and Atherton residents deserve to voice their concerns before decisions are made about the future of our town.

The proposed zoning changes currently apply to eleven properties in the new RM-10 zoning overlay and several more in the RM-20 and RM-40 overlays. It is essential that Atherton residents be given adequate time to fully understand the implications of these proposed amendments, as they will undoubtedly apply to many more properties in Atherton in the future.

At tonight’s meeting, a significant amount of time will be spent discussing why the City Council is not adopting the recommendations of the Planning Commission. Residents are eager to understand why Staff is proposing to disregard the recommendations of the Planning Commission.

Atherton can successfully implement multi-family projects with more modest amendments to the municipal code. The proposed amendments leave residents with concerns and questions about:

Building heights in each zoning overlay
Vertical sidewall heights need discussion since the front sidewall height in the RM-10 is higher than you have discussed in the past.

FAR (floor area ratio) is higher than required
The calculation of FAR needs review since the effective FARs, including basements and dormer areas, could exceed 80%.

Setbacks (front, side and rear) need review to preserve the character of Atherton and safeguard residents’ privacy and protection from noise.

Parking requirements need to be review, including the need to provide incentives for underground parking.

Fire department requirements, ensuring that driveways are wide enough for fire trucks
Overall densities for each zoning overlay
Minimum number of units for each zoning overlay requires significant thought and analysis.

The proposed FAR’s do not help Atherton and conflict with Table HE-12: Atherton’s Plan for Meeting RHNA by Category. The higher FAR that we provide to developers will create higher priced housing units, more profits for developers, and do nothing to satisfy our promises to HCD that we will provide a variety of housing options for lower income residents.

Atherton's RHNA requirement is to plan for 348 housing units, of which 204 must be allocated for lower-income levels: 94 for Very Low, 54 for Low, and 56 for Moderate income levels. However, the Housing Element projections for the multi-family overlays show a different distribution: 57 units for Very Low, 14 for Low, 25 for Moderate, and 0 for Above Moderate income levels.

This raises a concern that the current plan appears to prioritize profits for developers without adequately addressing our RHNA requirements. If this is indeed the case, I urge you to consider: why are we moving forward with a plan that does not help fulfill our RHNA obligations?
The proposed amendments to the Atherton Municipal Code should not allow a project like the three-story development at 133 Encinal Avenue referenced in the staff report. Residents who listened and attended City Council meetings did not hear that such a project would be permitted in the RM-10 zoning overlay.

The proposals for RM-20 and RM-40 would allow four and possibly five story buildings in Atherton. Sites within these zoning overlay areas need further analysis, especially those adjacent to single-family zoning areas.

There are numerous details in the proposed Housing Element, such as the mid-cycle review standards, that require further discussion and analysis. Staff is proposing significant changes in the latest draft of the Housing Element that have not been discussed in a public meeting.

Thank you for considering our request to have a special meeting of the City Council to provide Atherton residents with sufficient time to review and comment on the latest draft of the Housing Element.

Please do not have a first reading tonight and then ask us to read it later to find out what was approved.

Respectfully,
Perry and Lynne Olson
IMAGE 4
IMAGE 3
IMAGE 2
IMAGE 1

From: George Rodericks
To: Brittany Bendix
Cc: Anthony Suber; City Attornery Mona Ebrahimi
Subject: Fwd: Meeting Tonight 9/18/24
Date: Wednesday, September 18, 2024 11:59:39 AM
George Rodericks
City Manager
Town of Atherton
80 Fair Oaks Lane
Atherton, CA 94027
(650) 752-0504 - Office
[email protected]
Schedule A Meeting With Me
PUBLIC DISCLOSURE NOTICE:

This email and any attached files were sent from an email account assigned to a public official for the Town of Atherton. This email, replies to this email, or emails sent directly to this email account may constitute a public record and, if retained during the normal course of business, may be subject to disclosure to any person upon request.

Begin forwarded message:

From:

Subject: Meeting Tonight 9/18/24
Date: September 18, 2024 at 11:36:23 AM PDT
To: [email protected], [email protected], [email protected], Rick DeGolia <[email protected]>, [email protected], [email protected]
Cc: George Rodericks <[email protected]>
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
From:

Subject: Meeting Tonight 9/18/24
Date: September 18, 2024 at 11:36:23 AM PDT
To: [email protected], [email protected], [email protected], Rick DeGolia <[email protected]>, [email protected], [email protected] Cc: George Rodericks <[email protected]>
Dear Members of the Atherton City Council,
I am writing to express my concern about the process surrounding the Housing Element and the proposed changes to the Atherton General Plan and municipal zoning code.

On Sunday, September 15th, residents may have received an email from Atherton Online informing us City Council will meet on Wednesday, September 18th to consider amendments to the Atherton General Plan, along with an introduction of municipal code amendments as part of the Housing Element Update.The email linked documents totaling over 1700 pages.I submit that it is impossible for the citizens to read, absorb and appropriately comment on the proposals under the proposed schedule.Further, I find it hard to believe that any councilmember has read and fully understands the implications of proposed ordinances that are being asked to vote on.

This is the most consequential change in town policies in its 100 year history and therefore should not be moved forward until it has been thoroughly vetted by the council and widely understood by the residents.

It is true that the town has been considering the housing element for years now.Back in 2023, the town certified a Housing Element that it felt legally complied with the state’s requirements.

An administrative agency of the state (HCD) has responded to our submission arguing that some elements of state law have not been met.In response, the town has worked incredibly hard and in good faith trying to reconcile the state’s one size fits all approach to housing with the town’s unique and differentiated planning framework.A vast majority of the residents oppose high density housing in Atherton, yet a broad group of citizens have worked diligently with the council and staff to respond to the state’s poorly conceived framework.The state clearly did not contemplate a town without any existing commercial, industrial, retail or highdensity housing land that readily could be converted into high-density housing.

The
alternatives left for Atherton are limited to the following:
1)
Change single family home zoning to higher density zoning. 2)
Increase the density permitted on the local private schools, though this does not seem to satisfy the administrative agency if the school wishes to reserve the housing for its constituents.
3)
Attempt to permit development in the single deed restricted park to provide some form of higher density housing.
4)
Convert the civic center properties into housing.

None of these alternatives are palatable to the citizens.

Some specific examples of the implications that haven’t been discussed, understood or thought through by the community, staff and its leaders. 1)
What will be the personnel increases needed to administer the housing program. a.

In Atherton, a BMR program will likely result in “for sale” housing and not “for rent” housing. In either case the properties who elect into the program will be subject to deed restrictions and monitoring.
i.Who and how will the deed restrictions be managed?

1. Everytime a subject property is rented, sold or refinanced the town will be involved.
2)
The RM 10 overlay is poorly conceived as written.
a.

Since there are no minimum number of units required for the RM 10 zoning, a property owner “by right” could increase the FAR on their property to 50% by proposing two or more structures or condos.Additionally, they would receive greater sidewall height, and smaller setbacks.For these liberal design provisions, it is imperative that the town receive the anticipated benefit of housing to meet the state’s admistrative requests.
b.

There are interesting changes in the zoning design guidelines that are inconsistent with Atherton’s existing implementation.For example, there is a prohibition about uplighting or lighting of trees.This is a very common practice in Atherton.
c.

As the owner of the adjacent property to the Marquis (Roger Reynolds nursery) project, I know the ineffectiveness of Landscape screening requirements first hand.The project initially required to show some landscape screening, but it is quickly removed over time.The only screening we have from this tall and dense project is the trees which we maintain on our property.It is interesting further to note that the neighbors are always complaining about our trees and requesting their removal.
d.

Again, there needs to be time to thoughtfully review and understand all the elements of the zoning code if such a dramatic policy deviation is to be undertaken.
3)
The proposed Multifamily Overlay District (RM 20/40) is a completely new concept that hasn’t been noticed or discussed publicly.Please note there is no mention of it in the mailer that was sent out on or about September 9, 2024.Again, with such a dramatically different concept, the public should be noticed and involved in understanding the implications.There will need to be a cumulative impact analysis under CEQA to understand what these changes to the Zoning Ordinance may cause. 4)
This appears to be a staff or administrative driven process.The planning commission, after consideration directed that parcels be removed.Staff objected and recommended the Council ignore their planning body.
5)
The issues of housing in our state aren’t going to be resolved by adding 350± units in Atherton.The issues are far greater than those controlled by the town’s policies.

Those issues include the dramatic rise in construction costs necessitated by building code changes and state labor laws, the dramatic influx of cross border immigration that consumes housing units and drives up costs, and policy driven inflation to name a few.

Again, time has been limited and I can’t address all the issues on your agenda today.I would recommend the following:
1) Provide more time for a careful review of the RM10 District and its implications. 2) Removal of the RM 20/40 District until you have made your citizens aware that you are even contemplating such a future.
3) A thoughtful analysis of the future financial implications on the Town’s expenditures.

How many additionally personnel are required and where will the revenue come from.

Will we be faced with cutting our police force to fund these programs?Remember this exercise has already cost the Town 15 times the expenditures of the last housing cycle ($1.5M v. $.1M) with no end in sight.

It is beyond belief that the administrative costs of
this program will be negligible.
4) Work with the state to modify the legislation from a “one size fits all” scheme to one that acknowledges and accounts for the fact that some municipalities have no commercial, industrial, high density residential or services that are necessary to provide higher density housing.

I know this process has been as frustrating and time consuming for you as it has been for us. I really encourage you to make sure we do everything we can to “get it right” as opposed to “just getting it done”.

Thank you,
Rod and Laurie Shepard
▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬
▬▬▬▬▬▬▬▬▬
From:

To:

Subject:

Date:

Michael McPherson
Council
Atherton Housing Element
Tuesday, September 17, 2024 3:07:21 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
I am writing to ask that the POS zones not be included in the proposed Atherton housing element plan.

None of them fit the criteria set out by the Town on more than one occasion; that is that they be "located close to services, transit,
jobs...". That criteria is also consistent with the language of the State's various housing mandates. These sites are inappropriate
for inclusion, and therefore should be excluded from the Town's proposed plan.

Thank you,
Michael McPherson

← All documents from this meeting