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 Housing Element and Zoning Code Updates
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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
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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.
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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 Housing Element and Zoning Code Updates
September 18, 2024
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 Housing Element and Zoning Code Updates
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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 Housing Element and Zoning Code Updates
September 18, 2024
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 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
Housing Element and Zoning Code Updates
September 18, 2024
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/17.38.010
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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 Housing Element and Zoning Code Updates
September 18, 2024
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
Housing Element and Zoning Code Updates
September 18, 2024
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