Atherton City Council
October 2, 2024

AGENDA PACKET
Town of Atherton
City Council
OCTOBER 02, 2024
SPECIAL MEETING
4:00 PM
Council Chambers
80 Fair Oaks Lane
Atherton, CA 94027
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Email: [email protected]
This Agenda may not reflect the actual order of items.  The order of items is subject to change based on Council action.

CONTINUED PUBLIC HEARING
ROLL CALL – Holland, DeGolia, Widmer, Vice Mayor Lewis, Mayor Hawkins­Manuelian DISCLOSURE OF EX PARTE COMMUNICATIONS  – City Council Members should disclose any communications they have had on the agenda items at this time.

PUBLIC COMMENT – Public Comments can be emailed directly to [email protected]
As a Special Meeting, Public Comment is limited to items that are on the Agenda. Speakers’ time is limited to three minutes. Speakers may also speak when the item comes up on the Agenda during the meeting.

PUBLIC HEARING
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 2023­2031 HOUSING ELEMENT AND ZONING CODE UPDATES
Report: BRITTANY BENDIX, TOWN PLANNER
Recommendation: Staff recommends that the City Council continue their public hearing that began at their meeting on September 18, 2024, to consider and provide direction to staff on the following actions that will revise and implement the 2023­2031 Housing Element to comply with state law:

Resolution adopting an Initial Study and Mitigated Negative Declaration (IS/MND) and MititidMitiRtiP(MMRP)
Meeting Agenda Packet – October 02, 2024

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 2023­2031 HOUSING ELEMENT AND ZONING CODE UPDATES
Report: BRITTANY BENDIX, TOWN PLANNER
Recommendation: Staff recommends that the City Council continue their public hearing that began at their meeting on September 18, 2024, to consider and provide direction to staff on the following actions that will revise and implement the 2023­2031 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.

Description: This item involves a review and discussion of recommendations from the Planning Commission to adopt an environmental analysis and findings that support the updates to the 2023­2031 Housing Element and related amendments to the Town’s General Plan and Municipal Code. This item has been continued from the public hearing held on September 18, 2024.

COUNCIL REPORTS/COMMENTS

ADJOURN
PLEASE NOTE THE FOLLOWING INFORMATION:

If you challenge a Town zoning, planning, or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the Town at, or prior to, the public hearing.  Judicial review of any Town administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final.  Judicial review of environmental determinations may be subject to a shorter time period.

Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection by 5:00 p.m. the Friday before each regularly scheduled City Council meeting.

Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the City Clerk’s Office at (650) 752­0500.  Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.  (29 CRF

35.104 ADA Title II)
Public Comments:

The Town of Atherton Council and Committee or Commission meetings are a limited public forum, and all public comment must relate to something that is within the subject matter jurisdiction of the Council or Committees. If comments do not relate to the subject matter jurisdiction of the Council or Committee, we will stop the comment and a warning may be provided. If the comment continues to be outside of the subject matter jurisdiction the speaker will be stopped, and we will move on to the next speaker.

Speakers found in violation of this rule of procedure may be removed from the meeting.

Rules of Decorum:

No person participating in a public meeting shall engage in disorderly or boisterous conduct — including Meeting Agenda Packet – October 02, 2024

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35.104 ADA Title II)
Public Comments:

The Town of Atherton Council and Committee or Commission meetings are a limited public forum, and all public comment must relate to something that is within the subject matter jurisdiction of the Council or Committees. If comments do not relate to the subject matter jurisdiction of the Council or Committee, we will stop the comment and a warning may be provided. If the comment continues to be outside of the subject matter jurisdiction the speaker will be stopped, and we will move on to the next speaker.

Speakers found in violation of this rule of procedure may be removed from the meeting.

Rules of Decorum:

No person participating in a public meeting shall engage in disorderly or boisterous conduct — including but not limited to applause, whistling, feet stamping, booing or making any loud, threatening, profane, abusive, personal, impertinent or slanderous uttering or comments. No person is allowed to disturb, disrupt, or otherwise impede the orderly conduct of the meeting.

If any person continues to breach the Rules of Decorum in a manner that disturbs, disrupts or otherwise impedes the orderly conduct of the meeting following an order from the Mayor, or Presiding Officer, to cease the offending conduct, the Mayor, or Presiding Officer, may order that person to leave the meeting.

Meeting Agenda Packet – October 02, 2024

Item No. 1
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: OCTOBER 2, 2024
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 continue their public hearing that began at their meeting on September 18, 2024, to consider and provide direction to staff on 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 September 18, 2024, the City Council held a meeting to discuss the Housing Element and Zoning Code Update project. In advance of that meeting and during the public comment section, members of the public requested the Council continue the item for further discussion. During discussion of the proposed project the Council raised questions and provided feedback on certain topics raised by staff. However, the Council did not complete its discussion and therefore, moved to continue the hearing to a special meeting on October 2, 2024.

At the direction of the City Council, staff has publicized the October 2, 2024 through social media channels, e-mail, and a postcard mailed to all residents.

Housing Element and Zoning Code Updates
October 2, 2024

Additionally, since the September 18, 2024, staff has met with Councilmembers one on one to receive feedback on the proposed RM-10 and RM-20/40 development standards and revised Housing Element text, with specific focus on Sections 3.700 and 3.800. Staff has also met with representatives of the State’s Department of Housing and Community Development (HCD) to discuss informal feedback on staff’s recommendations. The feedback from Councilmembers and HCD is provided in this report to facilitate further discussion at the October 2, 2024 meeting.

ANALYSIS
This section identifies feedback by topic area, relating directly to the revised Housing Element text and the proposed Zoning Code Amendments that were included as Attachments 8 and 12 in the September 18, 2024, packet of materials. For ease of reference, a link to Attachment 8 is included at the end of this staff report. This document has not changed since the September 18, 2024, meeting. However, Attachment 12 has been re-published as part of this report to address corrections noted at the previous Council meeting. These corrections are also noted in this report.

Revised Housing Element Text
Section 3.414 Multi-family Overlays (RM-20 & RM-40)
HCD has requested that the Town include additional narrative of the site planning circumstances for the identified Sacred Heart Site that would facilitate multifamily residential development. As staff has discussed with HCD, the description would address existing uses and building programs and acknowledge the need for redevelopment. It will not impair the Town’s ability to continue to use the site.

HCD has also requested that the Town provide additional narrative describing the methodology behind assumption in Table HE-17: Adjustment Factors. Because Atherton does not have a history of RM-20/40 development on the PFS sites, as discussed with HCD, staff will use similar projects in other jurisdictions to assert any assumptions. Recommended language is forthcoming and will address this section.

HCD noted confusion related to the approval process for the development of multifamily residences on school site in the Public Schools and Facilities Zone and RM-20/40. Specifically, it is currently unclear to HCD if the development of multifamily housing on the sites require a Master Plan update. Staff addressed this concern, indicating the multifamily development consistent with the adopted standards for RM-20/40 is ministerially approvable by-right and would not on its own require a Master Plan update. HCD requested that this be clarified in the Housing Element.

Section 3.416 SB-9 Subdivisions
HCD has requested additional qualitative analysis for the sample sites provided in the SB-9 inventory (Table HE – 19). The purpose of this analysis will identify how SB-9 development could occur on these sites. Please note that this list does not mandate that these sites are developed with the SB-9 program. The sites are selected only as lots exemplary of SB-9 development potential within the Town and used to model development capacity. HCD has provided staff with examples from the Town of Ross to support this effort. Recommended language is forthcoming and will address this section.

Section 3.700 Housing Goals, Policies & Quantified Objectives The following section includes feedback from Councilmembers on the goals, policies and objectives identified in the 2023-2031 Housing Element. One global comment on this section for

Housing Element and Zoning Code Updates
October 2, 2024

consideration is whether or not the list reflects an accurate hierarchy of goal vs. objective vs. policy. As the Council reviews this section and the comments within this report they should note any shifts in language that they would like to make (i.e. elevating a policy to an objective, or demoting an objective to a policy).

Policy 3.712(A):
▪ Add language to educate residents on rental alternatives and the need for report. ▪ Expand “encouraging” homeowners and developers to “encouraging and incentivizing” homeowners and developers.

Goal 3.730:
▪ Remove the reference to “near” campuses. This goal address development that should occur on-site.

Policy 3.731(A):
▪ The number of housing units encouraged at the PFS sites for moderate to very low-income is incorrect at “34 units” and should to align with the stated Regional Housing Needs Allocation (RHNA) goal for sites with multi-family overlays which is 96 units.

Policy 3.732(A):
▪ Expand “encourage” schools to “encourage and incentivize” schools… Cal Water Goals, Objectives and Policies (3.740-3.742)
▪ Clarify that housing is for staff.
▪ Expand this section to reference staff housing for the Circus Club.

Policy 3.772(A):
▪ A question was raised as to whether “access for handicapped” is a typo and should read as “seniors.” Staff can confirm that this is the intended language and relates to the need for accessibility given the number of Seniors living with disabilities.

Policy 3.791(E):
▪ Additional information was requested related to Project Sentinel1 a non-profit ogranization that provides housing assistance for tenants and homeowners in Northern California. They currently have an office in Redwood City and provide regular informational events related to Affirmatively Furthering Fair Housing (AFFH).

Policy 3.791(F):
▪ Additional clarification was requested related to the term home-sharing, especially as it relates to the Town’s Accessory Dwelling Unit (ADU) programs. Home-sharing can mean both renting out a room in a single-family home and renting out an ADU or Junior ADU (JADU). However renting a room, even if available at a rent affordable to lower income households, does not count towards the Town’s RHNA goals. This is because the room is not its own distinct unit, as is the case with a JADU.
▪ Remove the reference to “five” residents and “one” resident. These reflect performance of the program in its early phase and will improve based on the Town’s efforts. 1 https://www.housing.org/ Page 6 of 58
Housing Element and Zoning Code Updates
October 2, 2024

Section 3.800
HCD has requested that conservation objectives tallied in Table HE-37: Quantified Objectives include references to performance targets for Program 3.831(B) – Energy Conservation and Program 3.841 Shared Housing. The revised Housing Element currently identifies a target of eight low-income units for Program 3.841. However, there are no targets provided for Program

3.831(B). Staff recommends modifying Program 3.831(B) to indicate that it will serve four above moderate-income units.

The following section includes feedback from Councilmembers on the housing programs identified in the 2023-2031 Housing Element.

Program 3.811(B):
▪ Align the mid-cycle check-in language for this SB 9 program with the mid-cycle check-in language for the RM-10 program (Program 3.811(D)).

Program 3.811(C):
▪ Align the mid-cycle check-in language for the RM-20/40 program with the mid-cycle check-in language for the RM-10 program (Program 3.811(D)). ▪ Additionally, there is confusion among Councilmembers, as well as HCD, relating to the application of this program to the RM-10 overlay and the target of “22 lower income units on a maximum of 1.1 acres…” The reference to RM-10 is a typo and will be removed.

The target of 22 lower income units on a maximum of 1.1 acres is specific to the RM-20/40 overlay. The target is explained further in Section 3.420 Zoning Shortfall Analysis, it identifies the minimum amount housing needed by the RM-20/40 program to achieve the Town’s RHNA objectives under existing zoning, with current capacity, and with the assumption that SB 9 and ADU goals are met.

Program 3.811(D):
▪ Modify the program to require modification if “fewer than three of the 11 sites have development or active development proposals.”
▪ Modify the program to identify a number of new sites based on the deficient number of sites triggering modification. For example, if the only two sites have development or active development proposals and the goal is deficient by one, the Town shall identify one additional site.
▪ Remove the bullet referencing SB 10.
▪ Shift the dates to align the performance review with the Council’s consideration of the 2027 Annual Progress Report in March 2028. Provide an additional six months for consideration of modifications – September 2028. Assert effective date as January 2029.

This results in one additional year from what was additional proposed by staff.

Staff has discussed these changes with HCD and did not receive any concerns.

Program 3.812(A):
▪ Assert that ADU data will be provided to the Council annually as part of the Annual Program Report.

Housing Element and Zoning Code Updates
October 2, 2024

▪ Add a reference to ADU workshops held and anticipated in 2024. (Staff anticipates a workshop in November 2024). Expand “encouraging” homeowners and developers to “encouraging and incentivizing” homeowners and developers. ▪ Update workshop information to indicate ongoing workshops every one to two years.

Program 3.812(B):
▪ Modify the language related to deed restrictions for 10 to 15 years to align with what is currently in the ADU Ordinance by stating “at least 10 years.” Program 3.817:
▪ Modify the program to acknowledge that in the absence of a public hearing process, the Town will still provide a courtesy notice to residents of any approval of multifamily housing, similar to the existing notice provided for tree removals.

Program 3.819:
▪ This program addresses landscaping screening as constraints and the need to modify the Code to eliminate subjectivity. A question was raised regarding the landscaping standards in the RM-10 and RM-20/40 zoning overlays and whether or not those constituted constraints. Because those standards are objective, they are not considered constraints for the purpose of this program.

Program 3.846:
▪ Modify the action of “promoting” housing development on the Gilmore House site to “consider.”
Section 3.900
A Councilmember requested that the list of meetings in this section continue to expand to reflect ongoing engagement and meetings that were held between July 27, 2022 and April 29, 2024. That list is available on the Town’s Housing Element Update website and will be incorporated into the document.

Zoning Code Amendments
Land Use Tables
The following changes have been reflected in the land use tables for the respective zoning districts, typos and minor grammar changes are not identified:

R-1A:
▪ The language in footnote 6 includes clarification on the requirements related to this program.

R-1B:
▪ The reference to multifamily residential was removed from the table as the RM-10 program does not apply to sites within the R-1B district. Additionally, footnote 5 was added to the mobile and manufactured housing land use.

Housing Element and Zoning Code Updates
October 2, 2024

POS:
▪ Footnotes 3 and 4 are now attached to land uses identified in the table. Additionally, the language for these footnotes has been revised so that it is identical to references in the R1A table.

17.36.06 Standards for Emergency Shelter Operation
▪ Based on feedback from HCD the locational requirement for emergency shelters limiting their proximity from one another, is removed. This was identified as a locational constraint.

RM-10
The following changes have been reflected in the standards for development in the RM-10 overlay district. Additionally, this section now has been given a numeric code reference as Chapter 17.35.

17.35.020 Characteristics of the District
▪ This paragraph now includes language that identifies a project must include a minimum of five dwelling units (not including ADUs) to apply the RM-10 standards.

17.35.030(A)(1) Height/Sidewalls
▪ This section limits the maximum sidewall height at the front setback to 30 feet and allows for the height to increase at a ratio of one foot for each one foot increase in the front setback.

Councilmember feedback has suggested that the front sidewall height be 28 feet, which is consistent with the maximum height allowed in the R-1A Zoning District through a special structures permit. Should the entire Council provide this direction to staff, the corresponding diagrams in the standards would be updated.

17.35.030(B) Setbacks
▪ This section includes clarification that the RM-10 setback standards are only applicable if the adjacent RM-10 lots is developed with a multifamily dwelling or has an active application for development of a multifamily dwelling.
▪ The note in the Minimum Side Yard and Rear Yard tables has been updated to reflect that the adjacent RM-10 lot must have an existing or proposed multifamily development. ▪ The section on rear yard has been updated to reflect the Planning Commission’s maximum height recommendation of 34 feet.

17.35.030(C) Floor Area Ratio
▪ This section includes a new reference to habitable basement space per Councilmember feedback.
▪ Councilmember feedback has also included a recommendation to lower the floor area ratio (FAR) to thirty-five percent. Staff has received concerns from HCD regarding any FAR limitation and have recently met with HCD to discuss this issue further. HCD attributes the concerns that FAR could be a constraint on development because of the need to provide parking above grade. Dedicating floor area to covered parking would inherently limit the feasibility of both market-rate and affordable units. Staff acknowledged HCD’s concerns but pointed to the size of lots in Atherton, noting that the RM-10 sites are approximately 1-acre. Given the 10 du/ac density, the proposed setbacks, and the maximum number of

Housing Element and Zoning Code Updates
October 2, 2024

required parking spaces, HCD estimated that the FAR 0.5 was not overly constraining and indicated that it would be acceptable. They noted concerns should the FAR reduce further.

17.35.030(E) Site Design
▪ Item no. 2 on Pedestrian Pathways now includes a reference to existing single-family dwellings in the RM-10 overlay.
▪ Item no. 5 no longer identifies the 8-foot tall fence as a minimum height; simply the required height.
▪ Item no. 6(d) references the maximum driveway width as 26-feet to be consistent with standards required by the Fire Marshall for buildings taller than 30-feet.

17.35.030(F) Landscape Screening
▪ Councilmember feedback has raised concerns that the planting timing of 90 days within the issuance of a building permit is not reasonable. Staff has proposed six months as an alternative.
▪ Councilmember feedback has indicated that a minimum of 12 feet tall screening is unreasonable and that the minimum height should be 8 feet.

17.35.030(H)(8) Window Details
▪ Staff has included the language recommended by the Planning Commission as item (d).

17.35.030(K) Site Lighting
▪ Based on Councilmember feedback, staff has included item (3) to provide for additional controls for interior lighting. This would help diminish glare from the multifamily residences onto adjacent properties that comes from the interiors.

17.35.030(L) Accessory Buildings
▪ Item no. 1(a) relating to the placement of accessory buildings now includes a reference to existing single-family dwellings in the RM-10 overlay.
▪ Councilmember feedback has suggested the trash and recycling enclosure have a minimum height of six (6) feet.

17.35.030(M) Parking Requirements
▪ HCD has identified the requirement to enclose all required parking as a development constraint. Having discussed this further with HCD, staff has modified these sections to locate all requirements related to carports under the ‘Parking Requirements’ section and to include landscaping screening.
▪ Staff has provided additional language describing required bicycle parking spaces. ▪ Staff has integrated the Vehicle Miles Travelled (VMT) related Mitigation Measure into the development standards.

RM-20/40
The following changes have been reflected in the standards for development in the RM-20/40 overlay district. Additionally, this section now has been given a numeric code reference as Chapter 17.39.

Housing Element and Zoning Code Updates
October 2, 2024

17.35.020 Characteristics of the District
▪ The previous reference to the POS Zone in this paragraph was an error and has been removed.

17.39.030(D) Site Design
▪ Item no. 2(d) references the maximum driveway width as 26-feet to be consistent with standards required by the Fire Marshall for buildings taller than 30-feet.

17.39.030(E) Landscape Screening
▪ Councilmember feedback has raised concerns that the planting timing of 90 days within the issuance of a building permit is not reasonable. Staff has proposed six months as an alternative.
▪ Councilmember feedback has indicated that a minimum of 12 feet tall screening is unreasonable and that the minimum height should be 8 feet.

17.39.030(G)(7) Window Details
▪ Although not part of the Planning Commission recommendation, staff has extended the window sill language from RM-10 to the RM-20/40 requirements for consistency.

17.39.030(J) Site Lighting
▪ Based on Councilmember feedback, staff has included item (3) to provide for additional controls for interior lighting. This would help diminish glare from the multifamily residences onto adjacent properties that comes from the interiors.

17.35.030(K) Accessory Buildings
▪ Councilmember feedback has suggested the trash and recycling enclosure have a minimum height of six (6) feet.

17.35.030(M) Parking Requirements
▪ Staff has provided additional language describing required bicycle parking spaces. ▪ Staff has integrated the Vehicle Miles Travelled (VMT) related Mitigation Measure into the development standards.

STAFF RECOMMENDATION
Staff recommends that City Council consider the materials presented in this staff report, the staff report provided for the meeting on September 18, 2024, 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.

Housing Element and Zoning Code Updates
October 2, 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
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. Link to Attachment 8 in the September 18, 2024, Staff Report and Packet:
https://atherton.primegov.com/portal/viewer?id=2242&type=2

2. Revised Attachment 12 Atherton Municipal Code Text Amendments (Tracked Changes)

ATHERON MUNICIPAL CODE

PROPOSED AMENDMENTS
OCTOBER 2, 2024
Text in Red reflects changing to existing (Black) text.

Chapter 17.30 USE DISTRICTS DESIGNATED

17.30.080 Zoning Overlay Districts
A zoning overlay district allows for specified uses to be developed on lots with an underlying zoning designation. The uses of land allowed by an overlay zone in each zoning district are listed in tables by zoning district category in subsequent chapters of this division. For the purposes of this title, the town is divided into the following classes of overlay districts as shown on the maps hereinafter included by reference:

A. Parker Avenue Overlay Districts (P)
B. Multifamily Overlay District (RM-10)
C. Multifamily Overlay District (RM-20/40)

Atherton Municipal Code – Proposed Amendments – September 2024

Chapter 17.32 RESIDENTIAL DISTRICT R1-A

17.32.030 Allowed Uses and Permit Requirements
Table 17.32.030-1 (Allowed Uses and Permit Requirements for Residential District R1A) identifies the allowed uses in the R-1A zoning district subject to the development standards of this chapter and all other provisions of this title. Allowed use provisions are symbolized in the table as follows:

P =Land use permitted by right
CUP=Land use permitted with approval of a conditional use permit Table 17.32.030-1. Allowed Uses and Permit Requirements for Residential District R-1A
Land Use
Zoning District
R-1A
Single-family dwelling1,3 P
Employee housing4 P
Group homes for persons with
disabilities
P
Home occupations P
Mobile and manufactured
housing8
P
Multifamily residential5, 6, 7 P
Second dwelling unit 2 P
Single room occupancy P
Churches and places of worship CUP
Public utilities or facilities CUP

Atherton Municipal Code – Proposed Amendments – September 2024

Notes:
1 Includes associated accessory uses, accessory buildings, and accessory structures (Note: Garages are accessory buildings).
2 Subject to compliance with section 17.32.040 (Development Standards) and chapter 17.52 (Accessory Dwelling Units).
3 Includes residential care facility (defined as a facility serving six or fewer persons).
4 Agricultural employee housing for six (6) or fewer employees shall be treated as a single-family structure pursuant to California Health and Safey Code Section 17021.5.
5 Shall only be permitted on lots with a Multifamily Overlay District (RM-10) designation. Subject to compliance with objective design standards in section 17.35 (Multifamily Overlay District RM-10).
6 Pursuant to Government Code Section 65651, a 100% affordable housing development that provides 25% of its total units, or 12 units, as permanent supportive housing, is principally permitted within the multifamily overlay. 7 Pursuant to Government Code Section 65660, a low-barrier navigation center is principally permitted on any parcel within the multifamily overlay. 8 Mobile homes and manufactured housing shall be constructed on a permanent foundation.

Atherton Municipal Code – Proposed Amendments – September 2024

Chapter 17.33 RESIDENTIAL DISTRICT R1-B

17.33.030 Allowed Uses and Permit Requirements
Table 17.33.030-1 (Allowed Uses and Permit Requirements for Residential District R1B) identifies the allowed uses in the R-1B zoning district subject to the development standards of this chapter and all other provisions of this title. Allowed use provisions are symbolized in the table as follows:

P =Land use permitted by right
CUP=Land use permitted with approval of a conditional use permit Table 17.33.030-1. Allowed Uses and Permit Requirements for Residential District R-1B
Land Use
Zoning District
R-1B
Single-family dwelling1,3 P
Employee housing4 P
Group homes for persons with
disabilities
P
Home occupations P
Mobile and manufactured
housing5
P
Second dwelling unit 2 P
Single room occupancy P
Churches and places of worship CUP
Public utilities or facilities CUP
Notes:
1 Includes associated accessory uses, accessory buildings, and accessory structures (Note: Garages are accessory structures).
2 Subject to compliance with section 17.33.040 (Development Standards) and chapter 17.52 (Accessory Dwelling Units).

Atherton Municipal Code – Proposed Amendments – September 2024

3 Includes residential care facility (defined as a facility serving six or fewer persons).
4 Agricultural employee housing for six (6) or fewer employees shall be treated as a single-family structure pursuant to California Health and Safey Code Section 17021.5.
5 Mobile homes and manufactured housing shall be constructed on a permanent foundation.

Atherton Municipal Code – Proposed Amendments – September 2024

Chapter 17.34 PARK AND OPEN SPACE DISTRICT (POS)

17.34.030 Allowed Uses and Permit Requirements
Table 17.34.030-1 (Allowed Uses and Permit Requirements for POS District) identifies the allowed uses in the POS district subject to the development standards of this chapter and all other provisions of this title. Allowed use provisions are symbolized in the table as follows:

P =Land use permitted by right
CUP=Land use permitted with approval of a conditional use permit Table 17.34.030-1. Allowed Uses and Permit Requirements for POS District Land Use
Zoning District
POS
Agriculture P
Ecologic study P
Employee housing2 P
Group homes for persons with
disabilities1
P
Multifamily residential 1, 4 P
Permanent supportive housing1, 3 P
Public park, recreation, or open
space uses
P
Single room occupancy 1 P
Uses of historic and cultural
value
P
Watershed land and
groundwater recharged land
P
Country clubs CUP
Home occupation CUP
Public utilities and facilities
uses and structures
CUP
Caretaker housing CUP

Atherton Municipal Code – Proposed Amendments – September 2024

1 Shall only be permitted on sites with a Multifamily Overlay District (RM-10) designation. Subject to compliance with objective design standards in section 17.35 (Multifamily Overlay District RM-10).
2 Agricultural employee housing must comply with California Health and Safety Code Section 17021.5.
3 Pursuant to Government Code Section 65651, a 100% affordable housing development that provides 25% of its total units, or 12 units, as permanent supportive housing, is principally permitted within the multifamily overlay. 4 Pursuant to Government Code Section 65660, a low-barrier navigation center is principally permitted on any parcel within the multifamily overlay.

Atherton Municipal Code – Proposed Amendments – September 2024

Chapter 17.36 PUBLIC FACILITIES AND SCHOOLS DISTRICT (PFS)

17.36.030 Allowed Uses and Permit Requirements
Table 17.36.030-1 (Allowed Uses and Permit Requirements for PFS District) identifies the allowed uses in the PFS district subject to the development standards of this chapter and all other provisions of this title. Allowed use provisions are symbolized in the table as follows:

P =Land use permitted by right
CUP =Land use permitted with approval of a conditional use permit L/ER=Land use permitted with location and environmental review Table 17.36.030-1. Allowed Uses and Permit Requirements for PFS District Land Use
Zoning District
PFS
Public library P
Public school P
Town corporation yard P
Town hall and associated
community uses P
Accessory dwelling unit in
conjunction with multifamily
residential uses
P
Emergency shelters P4
Multiple-family residential
uses that accommodate
housing for very low- and lowincome households
associated with primary
nonresidential use of property
on same site
P5
Single room occupancy P5
Churches and places of
worship
CUP
Convents CUP

Atherton Municipal Code – Proposed Amendments – September 2024

Country clubs CUP
Residential associated with
primary nonresidential use of
property on same site1
CUP
Private schools CUP2,3
Public utilities and facilities,
uses, and structures
CUP
Transportation terminal
facilities
CUP
Notes:
1 Examples include dorms or teacher housing associated with school site, convent when associated with religious institutions, etc. and not located on sites with a multifamily overlay.
2 Where a master plan for a private school has been prepared and filed with the town for public record, any application for a conditional use permit shall be compared to the master plan for consistency with that document. All building and/or faculty changes, improvements, or new construction shall require a conditional use permit.

To that end, all conditional use permit applications shall include the following:
a. Maps and diagrams showing the proposal in relation to the master plan layout; b. History of student and faculty growth and projections of future growth, including an analysis of that growth’s consistency with the master plan projections; c. A traffic and parking analysis of the proposal and comparison to the master plan projections;
d. A circulation plan showing how the traffic and pedestrian circulation will function upon implementation of the proposals; and
e. Other information that might be required for specific proposals, such as noise analyses, lighting plans, landscape screening plans, heritage tree locations, and other similar information.
3 In addition to other conditions of approval, the planning commission shall require the following items where relevant:

Atherton Municipal Code – Proposed Amendments – September 2024

a. Identification of the approved uses and hours of operation; and b. Clustering of high intensity or noise-intense structures and uses (such as gymnasiums, theaters, athletic facilities) away from neighboring residential uses, where possible.
4 Emergency shelters shall be permitted only when located within the Town Civic Center property and pursuant to Section 17.36.060; defined as Lots 1, 2, 24, 25 and 26, Watlinton Park RSM (Resubdivision Maps) 5/8.
5 Where a master plan for a private school has been prepared and filed with the town for public record that includes multifamily residential uses that could accommodate housing for very low- and low-income households, such multifamily residential uses shall be subject to planning commission public hearing and review of the location, size, proximity to heritage trees and environmental aspects of the project but shall not result in the denial of the use.
5 Shall only be permitted on sites with a Multifamily Overlay District (RM-20/40) designation. Subject to compliance with objective design standards in section 17.39 (Multifamily Overlay District RM-20/40).

17.36.060 Standards for Emergency Shelter Operation
The objective and predictable standards listed below apply to emergency shelter operations permitted in the PFS District.

A. Size. Emergency shelters shall not exceed one thousand square feet in floor area.

B.A. Beds and Population. The maximum number of client beds permitted in each emergency shelter shall be three fifteen and the maximum client population permitted to be served nightly by the facility shall be threefifteen.

Any additional beds or population shall require a Conditional Use Permit.

C. Location. Each emergency shelter shall not be located within a one-thousandfoot radius of another emergency shelter.

D.B. Parking. Parking will be provided at a number sufficient to accommodate staff and will not exceed the required parking standards for other uses in the PFS zone. At least one standard size car parking space per emergency shelter bed shall be provided within fifty feet of the emergency shelter.

Atherton Municipal Code – Proposed Amendments – September 2024

E. Waiting and Client Intake Areas. On-site waiting and client intake areas shall be located within the emergency shelter and shall not exceed two hundred fifty square feet in floor area.

F.C. Handicap Accessibility. Each emergency shelter shall be completely handicap accessible.

G. On-Site Management. Space for on-site management shall not exceed five hundred square feet and shall not include more than two beds.

H.D. Exterior Lighting. All exterior lighting shall be shielded or downlit so the source of light is not visible from other properties.

Atherton Municipal Code – Proposed Amendments – September 2024

Chapter 17.35 MULTIFAMILY OVERLAY DISTRICT (RM-10)

17.35.010 Purpose.

This chapter establishes development standards for multifamily uses in the residential multifamily overlay zone with a density of up to ten (10) units per acre. The purpose of this chapter is to establish objective criteria for the evaluation of multifamily housing so that it can be permitted by right on specific parcels that are identified in this document and in the Housing Element of the General Plan, or on additional parcels as designated by the City Council.

17.35.020 Characteristics of the District.

The residential multifamily 10 overlay zone (RM-10) allows multifamily development of up to ten (10) units per acre on parcels zoned for single-family development (R-1A and R-1B), and park and open space (POS). To apply the standards within the RM-10 overlay zone a development must include a minimum of five residential units, exclusive of accessory dwellings units.

17.35.030 Development Standards.

The approval of multifamily development on any parcel in the RM-10 overlay district shall be considered by-right when the proposed development is in compliance with these standards.

However, this does not preclude other actions that may require discretionary review (i.e. Lot Redesignations, Variances, or Special Structure Permits).

Accessory Buildings and Structures: see chapter 17.40.

A. Height
The maximum height for main buildings shall be thirty-forty (34) feet.

1. Vertical sidewalls and columns built at the setback line shall not exceed thirty (30) feet at the front setback, and twenty-one (21) feet at the side and rear setbacks. Sidewall and column height can exceed these limits with an additional setback that is increased by a ratio of one (1) foot for each one (1) foot increase in height. See figure 17.35.030-1 (Sidewall Height).

2. Height measurement: see chapter 17.42.030.

3. Dormers can exceed the vertical sidewall height and shall be in compliance with development standards in chapter 17.32.040(A)(4)(a and b).

Atherton Municipal Code – Proposed Amendments – September 2024

Figure 17.35.030-1: Sidewall Height

B. Setbacks
A setback shall be required from all property lines.

There is an additional setback requirement on side and rear property lines that are adjacent to a parcel with an R-1 zoning designation. This requirement shall not apply if the adjacent parcel has an RM-10 overlay designation and is developed with a multifamily dwelling or has an active application for development of a multifamily dwelling.

Minimum setback requirements are:

1. Front Yard.

Main building, interior, and corner lots: thirty (30) feet minimum. Where the main building height at the front yard setback is more than thirty (30) feet, the minimum front yard setback shall increase by a ratio of one (1) foot for each one (1) foot increase in height above thirty (30) feet. See figure 17.35.030-2 (Front Setback).

Atherton Municipal Code – Proposed Amendments – September 2024

Figure 17.35.030-2: Front Setback

2. Side Yard.

Minimum side yard requirements are shown in Table 17.35.030.B.2-1; however, where the main building height at the side yard setback is greater than twenty-one (21) feet, the side yard setback shall increase by a ratio of one (1) foot for each one (1) foot increase in height above twenty-one (21) feet. See figure 17.35.030-3 (Side/Rear Yard Setbacks).

Minimum side yards shall be required on each side of a lot as specified in the following Table:

Table 17.35.030.B.2-1. Minimum Side Yard Requirements
LOT WIDTH Minimum Side Yard
From To Standard R-1-adjacent*
170’ or over 20’ 40’
165’ 170’ 20’ 38’
160’ 165’ 19’ 36’
155’ 160’ 18’ 34’
150’ 155’ 17’ 32’
145’ 150’ 16’ 30’
140’ 145’ 15’ 28’
140’ or less 15’ 25’
* R-1-adjacent setback does not apply to parcels with an RM-10 overlay designation and existing or proposed multifamily development.

Atherton Municipal Code – Proposed Amendments – September 2024

3. Rear Yard.

Minimum rear yard requirements are shown in Table 17.35.030.B.3-1; provided, however, where the main building height placed at the setback is between twenty-one (21) and thirty-four (34) feet, the rear yard shall be increased by a ratio of one (1) foot for each one (1) foot increase in height. See figure 17.35.030-3 (Side/Rear Setbacks).

A minimum rear yard shall be required as specified in the following Table:

Table 17.35.030.B.3-1. Minimum Rear Yard Requirements
LOT WIDTH Minimum Rear Yard
From To Standard R-1-adjacent*
170’ or over 20’ 50’
165’ 170’ 20’ 47’
160’ 165’ 20’ 44’
155’ 160’ 20’ 41’
150’ 155’ 20’ 37’
145’ 150’ 20’ 33’
140’ 145’ 20’ 29’
140’ or less 20’ 25’
* R-1-adjacent setback does not apply to parcels with an RM-10 overlay designation and existing or proposed multifamily development.

Figure 17.35.030-3: Side/Rear Setbacks

Atherton Municipal Code – Proposed Amendments – September 2024

C. Floor Area Ratio
The maximum floor area ratio shall be fifty (50) percent of the lot size. Lots with a combining designation of POS shall designate a project site and floor area standards shall be applied. Habitable attic space, habitable basement space and below grade parking shall not count towards floor area ratio.

D. Lot Coverage
The maximum lot coverage for buildings, including accessory buildings, shall be forty (40) percent of the lot size. The maximum coverage for all impervious surfaces, not including buildings, shall be twenty (20) percent. The maximum total coverage of all buildings and impervious surfaces shall be fifty (50) percent.

On properties with an underlying POS zoning designation the lot coverage requirement shall apply to any area of the site that facilitates the development of multifamily housing, including ancillary buildings and structures.

Table 17.36.030.C-1
Lot Coverage
Building Impervious Surface Lot
40% 20% 50%
E. Site Design
Requirements for design of the site are:

1. All building entries, including garages and parking areas, shall be connected with a pedestrian pathway that is at least three (3) feet in width.

2. Pedestrian pathways are prohibited within ten (10) feet of a property line adjacent to a parcel with an R-1 zoning designation or a single-family dwelling in an RM-10 overlay, with no active proposal for multifamily housing.

3. The minimum distance between main buildings on the same lot is twenty (20) feet.

4. Communal outdoor kitchens, pools, and playgrounds shall not be allowed within any setback area.

5. Solid masonry walls or wood fencing shall be provided along all side and rear property lines with a height of eight (8) feet.

6. Vehicle Access.
a. An entry to an underground parking garage is allowed within the front setback. Any grade change resulting from an underground driveway approach shall be set back eight (8) feet from the property line. b. Surface parking shall not be allowed within any setback.

Atherton Municipal Code – Proposed Amendments – September 2024

c. If a vehicle entry gate is provided, it shall be set back from the front property line for a minimum of twenty (20) feet so as to provide a space for vehicle queuing.
d. The maximum driveway width shall be twenty-six (26) feet and in conformance with minimum requirements for waste and recycling removal.
e. Driveways shall conform to the requirements of the Fire Marshal. f. Driveway visibility. All driveways that intersect with a public right-of-way shall maintain a vision triangle delineated by sides of 10 feet along the right-of-way and 10 feet perpendicular to the right-of-way measured from the edges of the driveway. Within this vision triangle, structures, landscaping, and other obstructions shall have a maximum height of 3 feet. Trees are permitted within the vision triangle provided their canopy maintains a clearance of 6 feet above ground level.

7. Pedestrian Access.
a. A pedestrian entry gate shall be required if a vehicle entry gate is provided.
b. A paved pedestrian pathway shall provide direct access to all entries to a main building and connect with a public pathway.
c. Pedestrian pathways shall be demarcated from driveways with decorative paving materials that include brick, patterned or colored concrete, stone blocks, and pavers.

8. Streetscape Design.
a. A public pathway shall be provided for the full length of the front property line.
b. The pathway shall be a minimum width of five (5) feet. c. The pathway shall meet ADA requirements and be free from obstruction.
d. The pathway shall be designed in compliance with the Bicycle and Pedestrian Master Plan.
e. Any tree removal to accommodate a pathway shall be in compliance with heritage tree protections provided in chapter 8.10.

F. Landscape Screening
All property lines shall provide a landscape screening area in conformance with Chapter 17.50 and the standards in this section. Where standards conflict, the most restrictive standard shall apply.

1. Plantings shall be installed within six (6) months of the issuance of a building permit.

Atherton Municipal Code – Proposed Amendments – September 2024

2. Plantings shall reach a minimum height of twelve (12) feet within three (3) years of planting.

3. All trees and shrubs shall be evergreen.

4. If the property line is screened with existing landscaping that is at least twelve (12) feet tall and provides opaque screening, no new landscaping is required.

G. Building Massing
Minimum Building Massing requirements are:

1. The maximum aggregate length of all façade segments facing in a common direction shall not exceed one-hundred and twenty (120) feet per building, as measured wall-to-wall. Overlapping wall segments shall not be counted towards the aggregate. See Figure 17.35.030-4a (Maximum Aggregate Façade Length).

Figure 17.35.030-4a: Maximum Aggregate Façade Length

2. For any building façade facing the front of a lot and located on or within ten (10) feet of the setback, the maximum aggregate length shall be fifty-five (55) feet. Any portion of the front façade that causes the aggregate length to exceed fifty-five (55) feet shall be set back a minimum of ten (10) feet from the front setback line. See Figure 17.35.030-4b (Maximum Aggregate Façade on Front Setback).

Atherton Municipal Code – Proposed Amendments – September 2024

Figure 17.35.030-4b: Maximum Aggregate Façade on Front Setback

3. For any building façade facing the side of a lot and located on or within ten (10) feet of the setback, the maximum aggregate façade length shall be sixtyfive (65) feet. Any portion of the side façade that causes the aggregate length to exceed sixty-five (65) feet shall be set back a minimum of ten (10) feet from the side setback line. See figure 17.35.030-4c (Maximum Aggregate Façade Length on the Setback).

Figure 17.35.030-4c: Maximum Aggregate Façade Length on Side Setback

4. Locations for Basements. Where an RM-10 lot contains multiple main buildings, the basement perimeter shall not exceed the extents of a boundary perimeter around all main buildings in residential use. This shall include any below grade area used for vehicle parking. All other requirements defined in

17.44.030 apply.

Atherton Municipal Code – Proposed Amendments – September 2024

H. Façade Design
Minimum Façade Design requirements are:

1. Primary entries: A primary entry provides access to one or more units from the exterior of a main building and shall not be counted as floor area. A primary entry shall conform to the following standards:
a. Any main building shall be limited to a maximum of four (4) primary entries.
b. Primary entries shall face the lot interior or front property line. c. A maximum of two (2) primary entries can face a public right-of-way. d. A primary entry shall not encroach beyond the setback line, awnings and eaves are exempt from this requirement.

In addition to the standards in H.1, a primary entry shall be designed in accordance with one or more of the five frontage typologies listed in standards H.2 through H.6, below. Frontage typologies can be combined in which case all standards shall apply. If standards contradict, the most restrictive standard shall apply.

2. Common Entry: A common entry provides direct access to a lobby or common space on the ground floor, which provides access to individual units. See figure

17.35.030-5 (Common Entry).

Atherton Municipal Code – Proposed Amendments – September 2024

3. Stoop: A stoop is a small, raised entry that shall provide direct access to no more than two (2) units. A stoop shall conform with the following standards.

See figure 17.35.030-6 (Stoop).

4. Porch: A porch is a fully covered structure that projects from or is included as part of the main building façade. A porch shall conform with the following standards. See figure 17.35.030-7 (Porch).

5. Patio: A patio is a private space outside the front door of a unit that is defined by a low wall or hedge extending from the façade. See figure 17.35.030-8 (Patio).

6. Frontage Court: A frontage court is an open-air space on the building frontage with primary entries oriented to the courtyard interior. A forecourt shall conform with the following standards. See figure 17.35.030-9 (Frontage Court).

7. Balconies or decks shall not be allowed on walls that face an adjacent property developed with a single-family dwelling, or on portions of any perimeter wall within twenty-five (25) feet of the setback line from an R-1 parcel. Roof decks shall not be permitted. See figure 17.35.030-10 (Balcony Placement).

Atherton Municipal Code – Proposed Amendments – September 2024

Table 17.35.030.H.2-1. Common Entry Requirements
Common Entry
Minimum Maximum
Depth 18 inches 4 feet
Width 4 feet 12 feet
Height (Clear) 8 feet 12 feet
Weather protection shall be provided with a projection or recession for a minimum depth of eighteen (18) inches.

Figure 17.35.030-5: Common Entry

Atherton Municipal Code – Proposed Amendments – September 2024

Table 17.35.030.H.3-1. Stoop Requirements
Stoop
Minimum Maximum
Depth (Landing) 3 feet 8 feet
Width (Landing) 5 feet 8 feet
Width (Stairs) 4 feet 8 feet
Height (Landing) 1 foot 4 feet
Weather protection shall be provided with a projection or recession for a minimum depth of twelve (12) inches.

Figure 17.35.030-6: Stoop

Atherton Municipal Code – Proposed Amendments – September 2024

Table 17.35.030.H.4-1. Porch Requirements
Porch
Minimum Maximum
Depth 8 feet 15 feet
Width 15 feet 40 feet
Width (Stairs) 4 feet 8 feet
Height (Landing) 1 foot 4 feet
Height (Clear) 8 feet 12 feet
The entire porch area shall be covered.

Figure 17.35.030-7: Porch

Atherton Municipal Code – Proposed Amendments – September 2024

Table 17.35.030.H.3-1. Patio Requirements
Patio
Minimum Maximum
Depth (Landing) 5 feet 8 feet
Width (Landing) 15 feet 24 feet
Height (Landing) No Minimum 1 foot
Height (Fence/Wall) 1 foot 4 feet
A patio shall provide direct access to no more than two (2) units.

Figure 17.35.030-8: Patio

Atherton Municipal Code – Proposed Amendments – September 2024

Table 17.35.030.H.6-1. Frontage Court Requirements
Frontage Court
Minimum Maximum
Depth 15 feet 30 feet
Width 25 feet 40 feet
Height (above grade) No Minimum 1 foot
A frontage court shall provide direct access to no more than four (4) units.

The height of sidewalls facing the courtyard shall not exceed a 2:1 ratio to its depth or width.

Figure 17.35.030-9: Frontage Court
Figure 17.35.030-10: Balcony Placement

Atherton Municipal Code – Proposed Amendments – September 2024

8. Minimum Window Detail requirements are:
a. Windows shall be recessed at least two (2) inches from the exterior wall plane to the window glass. See figure 17.35.030-11 (Window Detail Requirements).
b. Windowsills shall project a minimum of two (2) inches from the surrounding exterior wall plane. See figure 17.35.030-11 (Window Detail Requirements).
c. All windowsills for non-sleeping rooms facing an R-1 district, located on the second floor or higher, shall be elevated a minimum of fifty-four (54) inches above the finish floor. See figure 17.35.030-12 (Sill Height). d. Any window facing an R-1 district, located on the second floor or higher, shall be translucent but not transparent for any part of the window glass less than fifty-four (54) inches above the finish floor. e. Windows shall be vertically oriented and taller than they are wide. f. All privacy windows shall be translucent but not transparent, reflective glass is prohibited.

Figure 17.35.030-11: Window Detail Requirements
Figure 17.35.030-12: Sill Height

Atherton Municipal Code – Proposed Amendments – September 2024

I. Façade Material Requirements
The following materials shall be prohibited on any main building façade:

1. An exterior insulation finishing system (EIFS).

2. Aluminum lap siding

3. T1-11 siding

4. Vinyl siding
J. Roof and Eave Details
Minimum Roof and Eave Detail requirements are:

1. Roof eaves may encroach beyond the setback line up to a maximum of four (4) feet on the main building.

2. Roof parapets, when included, shall be a minimum of three (3) feet tall and may not exceed the maximum building height. Roof parapets shall be consistent in material and color with the main building.

3. Asphalt shingles are prohibited.

4. Any equipment placed on the rooftop of a building shall be screened entirely.

K. Site Lighting
Minimum Site Lighting requirements are:

1. No exterior lighting element shall be placed more than height of eight (8) feet above the ground plane unless required by the California Building Code. All exterior lighting shall be directed downward and fully shielded to restrain light to a minimum thirty (30) degrees beneath the horizontal plane of the light source. Lighting shall be arranged so that the light will not shine directly onto any adjacent lot.

2. Up-lighting of trees and permanent lighting within trees is prohibited.

3. Interior lighting of all common areas shall be controlled by motion detecting controls programed to turn off no more than five (5) minutes after movement is no longer detected by the controlling device.

L. Accessory Buildings
Where standards in this section conflict with chapter 17.40, the most restrictive standard shall apply.

1. Accessory Buildings
a. Accessory buildings shall not be allowed in the front setback. Accessory buildings in the side and rear setbacks shall be set back from the property line for a minimum of ten (10) feet. This requirement shall be fifteen (15) feet when adjacent to a parcel with an R-1 zoning

Atherton Municipal Code – Proposed Amendments – September 2024

designation or an RM-10 property that is developed with a single-family dwelling and does not have an active proposal to construct multifamily housing.
b. A special structures permit shall be required for all sports courts, pools, and outdoor kitchens.

2. Garages
a. All garages shall be completely enclosed and include a lockable garage door.
b. Materials and colors on garages shall be consistent with the materials and colors utilized on the main building(s).

3. Carports
a. Carports shall be enclosed on three sides.

4. Trash and Recycling Enclosures
a. Trash disposal and recycling areas shall be within an enclosure and shown on the site plan. Trash will be collected on the subject property. b. Each enclosure shall screen trash and recycling receptacles from public view.
c. Trash and recycling enclosures shall be a minimum of eight (8) feet high, constructed of solid wood or masonry painted the same color as the main building(s).
d. Trash and recycling enclosures shall have a gate and a roof. e. Trash and recycling enclosures are not permitted within the front setback.

5. Mailboxes
a. Mailboxes shall be outside of the public right-of-way. b. Projects with six (6) or more dwelling units shall cluster mailboxes in a common centralized location that is part of or within twenty-five feet of a residential building.

Atherton Municipal Code – Proposed Amendments – September 2024

M.Parking Requirements

1. Vehicle Parking
Minimum parking requirements are:
a. All resident parking spaces shall be in a garage, carport, or belowgrade. b. A carport shall be enclosed on three sides by full-height walls or landscape screening that is more than three feet from the perimeter of the carport and comprised of plants with a minimum expected height of six (6) feet within three years of planting.
c. Resident parking spaces shall be provided at a minimum rate of one (1) parking space per bedroom up to a maximum of two (2) spaces per unit.
d. Up to three (3) resident spaces per unit can be provided if all resident parking for the unit is located below grade.
e. Guest parking spaces shall be provided at a minimum rate of fourtenths (0.4) per unit. f. Total resident and guest parking shall not exceed two-and-a-half (2.5) total spaces per unit.
g. Surface parking areas are not permitted within any setback.

2. Bicycle Parking
Short-term bicycle parking (Class II bicycle parking facility) consists of racks that support the bicycle frame at two points and allow for the bicycle frame and one wheel to be locked to the rack with a U-lock.

Minimum bicycle parking requirements are:
a. Resident bicycle parking shall be provided at a minimum rate of one (1) bicycle parking space per dwelling unit.
b. Bicycle parking facilities shall be located on the ground floor and shall not be located between the building and the street.
c. Bicycle parking that is placed below grade shall not be counted as contributing to the floor area.

3. Vehicle Miles Travelled Analysis.

Development proposals located in a high-VMT area shall include a VMT analysis that identifies travel demand management (TDM) measures and/or physical measures to reduce VMT impacts to less than significant. The VMT analysis should use the City/County Association of Governments of San Mateo County (C/CAG) VMT Estimation Tool.

Atherton Municipal Code – Proposed Amendments – September 2024

CHAPTER 17.39 MULTIFAMILY OVERLAY DISTRICT (RM-20/40)

17.39.010 Purpose.

This chapter establishes development standards for multifamily uses in the residential multifamily overlay zone with a density of up to twenty (20) units per acre, and up to forty (40) units per acre, on lots with the RM-20 or RM-40 designation. The purpose of this chapter is to establish objective criteria for the evaluation of multifamily housing so that it can be permitted by right on specific lots that are identified in this document and in the Housing Element of the General Plan, or on additional lots as designated by the City Council.

17.39.020 Characteristics of the District.

The residential multifamily 20 overlay zone (RM-20) allows multifamily development of up to twenty (20) units per acre on identified portions of lots that are zoned as public facilities and schools (PFS). Development within the RM-20 district shall have minimum of twelve (12) units per acre.

The residential multifamily 40 overlay zone (RM-40) allows multifamily development of up to forty (40) units per acre on identified portions of the Menlo College Campus (zoned PFS).

Development within the RM-40 district shall have a minimum of twenty-four (24) units per acre.

17.39.030 Development Standards.

The approval of multifamily development on any parcel in the RM-20/40 overlay district shall be considered by right when the proposed development is in compliance with these standards. However, this does not preclude other actions that require discretionary review (i.e. lot redesignations, variances, or special structure permits). Adjoining parcels with a PFS zoning designation and RM-20 or RM-40 zoning overlay can be treated as a single parcel.

Accessory Buildings and Structures: see chapter 17.40.

Atherton Municipal Code – Proposed Amendments – September 2024

A. Height
The maximum height for main buildings shall be forty-eight (48) feet, provided that the vertical midpoint between the eave and the top of roof does not exceed forty-two (42) feet. If the main building has a flat roof, the maximum height is fortytwo (42) feet. See figure 17.39.030-1 (Maximum Height).

Figure 17.39.030-1: Maximum Height

1. Vertical sidewalls and columns built at the setback line shall not exceed thirty-four (34) feet. Vertical sidewalls and columns built at the setback line shall not exceed twenty-one (21) feet when facing an adjacent R-1 parcel. Sidewall and column height can exceed these limits with an additional setback that is increased by a ratio of one (1) foot for each one (1) foot increase in height. See figure 17.39.030-2 (Sidewall Height).

2. Height measurement: see chapter 17.42.030.

3. Dormers can exceed the vertical sidewall height and shall be in compliance with development standards in chapter 17.32.040.(4).

Atherton Municipal Code – Proposed Amendments – September 2024

Figure 17.39.030-2: Sidewall Height

B. Setbacks
A setback shall be required from all property lines.

Minimum setback requirements are:

1. The minimum spacing between any main buildings shall be twenty (20) feet.

2. General Setbacks:
a. The minimum setback from the property line is twenty (20) feet. See figure 17.39.030-3A (Setbacks).
b. Where the height of a main building placed at the setback is between thirty-four (34) and forty-eight (48) feet, the setback shall be increased by a ratio of one (1) foot for each one (1) foot increase in height. See figure 17.39.030-3A (Setbacks).

Atherton Municipal Code – Proposed Amendments – September 2024

Figure 17.39.030-3A: Setbacks

3. R-1 Adjacent Setbacks:
a. The minimum setback from any property line that is adjacent to a parcel with an R-1 zoning designation shall be thirty (30) feet. See figure

17.39.030-3B (R-1 Adjacent Setbacks).
b. Where the height of a main building placed at an R-1 adjacent setback is between twenty-one (21) and forty-eight (48) feet, the setback shall be increased by a ratio of one (1) foot for each one (1) foot increase in height. See figure 17.39.030-3B (R-1 Adjacent Setbacks).

Figure 17.39.030-3B: R-1 Adjacent Setbacks

Atherton Municipal Code – Proposed Amendments – September 2024

C. Lot Coverage
The maximum lot coverage for buildings, including accessory buildings, shall be forty (40) percent of the lot size. The maximum coverage for all impervious surfaces, not including buildings, shall be twenty (20) percent. The maximum total coverage of all buildings and impervious surfaces shall be fifty (50) percent.

On properties with an underlying PFS zoning designation the lot coverage requirement shall apply to any area of the site that facilitates the development of multifamily housing, including ancillary buildings and structures.

Table 17.39.030.C-1
Lot Coverage
Building Impervious Surface Lot
40% 20% 50%
D. Site Design
Requirements for design of the site are:

1. Outdoor pools, kitchens, or playgrounds that are ancillary to the residential buildings shall not be allowed within any setback area.

2. Vehicle Access.
a. Direct ingress/egress to below grade parking or an accessory parking structure shall not be allowed on any street that is designated as a highway or a minor arterial in the Atherton General Plan. In lieu of this requirement, then the applicant may provide a traffic study that provides an alternative recommendation which the project implements.
b. Surface parking introduced as part of a new multifamily development shall not be allowed within any setback.
c. Driveway access shall only be provided from a local street, as designated in the Atherton General Plan, or from internal site circulation.
d. The maximum driveway width shall be twenty-six (26) feet. e. Driveways shall conform to the requirements of the Fire Marshal. f. Driveway visibility. All driveways that intersect with a public right-of-way shall maintain a vision triangle delineated by sides of 10 feet along the right-of-way and 10 feet perpendicular to the right-of-way measured from the edges of the driveway. Within this vision triangle, structures, landscaping, and other obstructions shall have a maximum height of 3 feet. Trees are permitted within the vision triangle provided their canopy maintains a clearance of 6 feet above ground level.

Atherton Municipal Code – Proposed Amendments – September 2024

3. Pedestrian Access.
a. All building entries shall be connected with resident parking areas by a pedestrian pathway that is at least five (5) feet in width. b. Pedestrian pathways are prohibited within ten (10) feet of a property line adjacent to a parcel with an R-1 zoning designation. c. Pedestrian pathways shall be demarcated with decorative paving materials that include brick, patterned or colored concrete, stone blocks, and pavers.

4. Streetscape Design.
a. A public pathway shall be provided for the full length of the site frontage with a street.
b. The pathway shall be a minimum width of five (5) feet. c. The pathway shall meet ADA requirements and be free from obstruction.
d. The pathway shall be designed in compliance with design guidelines provided in section 3.2 of the Bicycle and Pedestrian Master Plan. e. All trees removed to accommodate a pathway shall be replaced. Tree removal shall adhere to heritage tree protections provided in chapter

8.10. E. Landscape Screening
All property lines adjacent to new structures shall be screened according to the standards in chapter 17.50 and the standards in this section. Where standards conflict, the most restrictive standard shall apply.

1. Plantings shall be installed within six (6) months from the issuance of a building permit.

2. Plantings shall reach a minimum height of twelve (12) feet within three (3) years of planting.

3. All trees and shrubs shall be evergreen.

4. If the property line is screened with existing landscaping that is at least twelve (12) feet tall and opaque, no new landscaping is required.

F. Building Massing
Minimum Building Massing requirements are:

1. The maximum aggregate façade length: The aggregate length of all façade segments facing in a common direction shall not exceed one-hundred forty (140) feet per building, as measured wall-to wall. See figure 17.39.030-4A (Maximum Aggregate Façade Length).

Atherton Municipal Code – Proposed Amendments – September 2024

Figure 17.39.030-4A: Maximum Aggregate Façade Length

2. For any building façade located at the required setback or within ten (10) feet of a required setback, the maximum aggregate façade length shall be sixtyfive (65) feet. Any portion of the façade that causes the aggregate length to exceed sixty-five (65) feet shall be set back a minimum of ten (10) feet from the front setback line. See figure 17.39.030-4B (Maximum Aggregate Façade on Setback).

Figure 17.39.030-4B: Maximum Aggregate Façade on Setback G. Façade Design
Minimum Façade Design requirements are:

1. Primary entries: A primary entry provides access to one or more units from the exterior of a main building and shall conform to the following standards:
a. A main building shall be limited to a maximum of four (4) primary entries.

Atherton Municipal Code – Proposed Amendments – September 2024

b. No primary entry shall face a highway as designated in the Atherton General Plan.
c. On building sides facing a local street, as designated by the Atherton General Plan, a maximum of three (3) primary entries shall be allowed.

In addition to the standards in G.1, a primary entry shall include one or more of the three frontage typologies listed in standards G.2 through G.4, below:

2. Common Entry: A common entry is a large opening that leads directly into a lobby or common space on the ground floor. A common entry shall comply with the following standards. See figure 17.39.030-5 (Common Entry).

Table 17.39.030.G.2-1. Common Entry Requirements
Common Entry
Minimum Maximum
Depth 2 feet 6 feet
Width 8 feet 16 feet
Height (Clear) 8 feet 14 feet
Weather protection shall be provided with a projection or recession with a minimum depth of four (4) feet.

A common entry shall provide access to all units within a main building.

Figure 17.39.030-5: Common Entry

Atherton Municipal Code – Proposed Amendments – September 2024

3. Stoop: A stoop is a small, raised entry that shall conform with the following standards.

See figure 17.39.030-6 (Stoop).

Table 17.39.030.G.3-1. Stoop Requirements
Stoop
Minimum Maximum
Depth (Landing) 3 feet 8 feet
Width (Landing) 5 feet 8 feet
Width (Stairs) 4 feet 8 feet
Height (Landing) 1 foot 4 feet
Weather protection shall be provided with a projection or recession for a minimum depth of twelve (12) inches.

A stoop shall provide direct access to no more than two (2) units.

Figure 17.39.030-6: Stoop

Atherton Municipal Code – Proposed Amendments – September 2024

4. Frontage Court: A frontage court is an open-air space on the building frontage with primary entries oriented to the courtyard interior. A forecourt shall conform with the following standards. See figure 17.39.030-7 (Frontage Court).

Table 17.39.030.G.4-1 Frontage Court Requirements
Frontage Court
Minimum Maximum
Depth 15 feet 30 feet
Width 25 feet 50 feet
Height (above grade) No Minimum 1 foot
A frontage court shall provide direct access to no more than four (4) units.

The height of sidewalls facing the courtyard shall not exceed a 2:1 ratio to its depth or width.

Figure 17.39.030-7: Frontage Court

Atherton Municipal Code – Proposed Amendments – September 2024

5. Terrace: A terrace is an elevated area for pedestrian circulation along a building frontage that provides access to one or more primary entries. See figure 17.39.030-8 (Terrace).

Table 17.39.030.G.5-1 Terrace Requirements
Terrace
Minimum Maximum
Depth 10 feet 24 feet
Height (above grade) 1 foot 3 feet
Height (wall or railing) 30 inches 42 inches
Terrace stairs shall be spaced no more than twenty-five (25) feet apart.

A terrace shall provide direct access to no more than four (4) units.

Figure 17.39.030-8: Terrace

Atherton Municipal Code – Proposed Amendments – September 2024

6. Balconies or decks shall not be allowed on walls that face an adjacent R-1 parcel, or on portions of any perimeter wall within twenty-five (25) feet of the setback from the R-1 parcel. Roof decks shall not be permitted. See figure 17.39.030-9 (Balcony Placement).

Figure 17.39.030-9: Balcony Placement

7. Minimum Window Detail requirements are:
a. Windows shall be recessed at least two (2) inches from the exterior wall plane to the window glass. See figure 17.39.030-10 (Window Detail Requirements). b. Windowsills shall project a minimum of two (2) inches from the surrounding exterior wall plane. See figure 17.39.030-10 (Window Detail Requirements).

Figure 17.39.030-10: Window Detail Requirements

Atherton Municipal Code – Proposed Amendments – September 2024

c. All windowsills for non-sleeping rooms facing an R-1 district, located on the second floor or higher, shall be elevated a minimum of fifty-four (54) inches above the floor plate. See figure 17.39.030-11 (Sill Height).

Figure 17.39.030-11: Sill Height
d. Any window facing an R-1 district, located on the second floor or higher, shall be translucent but not transparent for any part of the window glass less than fifty-four (54) inches above the finish floor.
e. Windows shall be vertically oriented and taller than they are wide. f. All privacy windows shall be translucent but not transparent, reflective glass is prohibited.

H. Façade Material Requirements
The following materials shall be prohibited on any main building façade:

1. An exterior insulation finishing system (EIFS).

2. Aluminum lap siding

3. T1-11 siding

4. Vinyl siding
I. Roof and Eave Details
Minimum Roof and Eave Detail requirements are:

1. Roof eaves may encroach into any yard not to exceed a maximum of four (4) feet on the main building.

2. Roof parapets, when included, shall be a minimum of three (3) feet tall and may not exceed the maximum building height. Roof parapets shall be consistent in material and color with the main building.

Atherton Municipal Code – Proposed Amendments – September 2024

3. Asphalt shingles are prohibited

4. Any equipment placed on the rooftop of a building shall be screened entirely.

J. Site Lighting
Minimum Site Lighting requirements are:

1. No exterior lighting element shall be placed above the height of eight (8) feet above the ground plane unless required by the California Building Code. All exterior lighting shall be directed downward and fully shielded to restrain light to a minimum thirty (30) degrees below the horizontal plane of the light source. Lighting shall be arranged so that the light will not shine directly onto any adjacent lot.

2. Up-lighting of trees and permanent lighting within trees is prohibited.

3. Interior lighting of all common areas shall be controlled by motion detecting controls programed to turn off no more than five (5) minutes after movement is no longer detected by the controlling device.

K. Accessory Buildings and Uses
Where standards in this section conflict with chapter 17.40, the most restrictive standard shall apply.

1. Accessory buildings
a. Accessory buildings shall not be allowed in a setback that faces a public right-of-way. Accessory buildings shall be set back from the property line for a minimum of five (5) feet, or a minimum of fifteen (15) feet on a property line that is adjacent to an R-1 parcel.

2. Trash and Recycling Enclosures
a. Trash disposal and recycling areas shall be within an enclosure and shown on the site plan.
b. Each enclosure shall screen trash and recycling receptacles from public view.
c. Trash and recycling enclosures shall be a minimum of eight (8) feet high, constructed of solid wood or masonry painted the same color as the main building(s).
d. Trash and recycling enclosures shall have a gate and a roof. e. Trash and recycling enclosures are not permitted within any setback.

Atherton Municipal Code – Proposed Amendments – September 2024

3. Mailboxes
a. Projects with six (6) or more dwelling units shall cluster mailboxes in a common centralized location that is part of or within twenty-five feet of a residential building.
b. Mailboxes shall be located outside of the public right-of-way.

L. Parking
Minimum Parking requirements are:

1. Vehicle Parking
a. There is no minimum resident or guest parking requirement for housing located within the PFS zone.
b. Total resident and guest parking shall not exceed one-and-a-quarter (1.25) spaces per unit.
c. Total resident and guest parking can be increased to a maximum of two (2) spaces per unit if all the resident and guest parking spaces are provided in a below-grade parking garage.

2. Parking Garage Design
a. No more than twenty-five (25) percent of any ground floor façade shall be dedicated to garage openings.
b. Garaged parking that is above grade shall be screened from a public right-of-way with livable space that has a minimum depth of twenty (20) feet.
c. Partially sub-grade parking shall not have an exposed façade that exceeds five (5) feet above grade and shall provide landscape screening with a minimum depth of ten (10) feet along the entire façade length.

3. Bicycle Parking
Short-term bicycle parking (Class II bicycle parking facility) consists of racks that support the bicycle frame at two points and allow for the bicycle frame and one wheel to be locked to the rack with a U-lock.

Minimum bicycle parking requirements are:
a. Resident bicycle parking shall be provided at a minimum rate of one (1) bicycle parking space per dwelling unit.
b. Bicycle parking facilities shall be located on the ground floor and shall not be located between the building and the street.
c. Bicycle parking that is placed below grade shall not be counted as floor area.

4. Vehicle Miles Travelled Analysis.

Development proposals located in a high-VMT area shall include a VMT analysis that identifies travel demand management (TDM) measures and/or

Atherton Municipal Code – Proposed Amendments – September 2024

physical measures to reduce VMT impacts to less than significant. The VMT analysis should use the City/County Association of Governments of San Mateo County (C/CAG) VMT Estimation Tool.