Item No. 3
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: BRITTANY BENDIX, TOWN PLANNER
GERRY MARTIN, ASSISTANT PLANNER
DATE: DECEMBER 17, 2025
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND ATHERTON MUNICIPAL CODE CHAPTER 17.52 “ACCESSORY
DWELLING UNITS”
RECOMMENDATION:
Staff recommends that the City Council adopt the attached ordinance and amend Chapter 17.52 “Accessory Dwelling Units” with the purpose of aligning the current standards with state legislation and providing greater clarity during development review.
BACKGROUND
In August of this year the Town initiated an effort to update its Accessory Dwelling Unit (ADU) Ordinance to align with recent changes in state law. On September 24, 2025, the Planning Commission held a public hearing to consider updates to the Accessory Dwelling Unit Ordinance.
After discussion, the Planning Commission voted unanimously to approve the staff recommendation to conduct a public hearing to recommend that the City Council amend Chapter
17.52. The City Council introduced and commented on the proposed amendments at its meeting on November 19, 2025. During discussion, the Councilmembers expressed frustration with the State’s ongoing effort to pass new laws regarding housing and the resulting erosion of local land use authority. There was particular concern about the limitation on local jurisdictions to impose objective design and development standards on state-exempt “66323” units beyond what State law explicitly requires. As a result, Atherton can no longer require regulations such as privacy screening, exterior lighting, and entry placement for these types of ADUs. However, the Council indicated that the Town should update its ADU ordinance to remain compliant with State law as failing to do so could risk invalidation of the Town’s existing ordinance by HCD. Following Second Reading for ADU Ordinance
December 17, 2025
discussion, the Council voted unanimously to introduce and conduct the first reading of the ordinance to amend Chapter 17.52 of the Atherton Municipal Code (AMC).
ANALYSIS
To respond to the current state housing crisis, the State Legislature continues to pass bills designed to encourage the production of both ADUs and JADUs. Cities are expected to update their local ordinances to comply with the state legislation. If the Town fails to bring its local ordinance into conformance, applicants would be permitted to develop under the state legislation. Since the Town actively reviews ADU applications, adopting the local updates will allow the Town to continue to process applications with more clarity and compliance. The adoption of amendments to the ADU Ordinance will also assist the Town in fulfilling its Regional Housing Needs Allocations (RHNA) requirements for the adopted 6th Cycle Housing Element.
FINDINGS:
Chapter 17.18 of the AMC sets the process for zoning code amendments whereby the Planning Commission adopts a resolution with recommendations to the City Council. The Council will then approve, conditionally approve, or deny the zoning amendments. To approve the amendments the Council must find that the changes are consistent with the Town’s General Plan goals, policies, and implementation programs.
The proposed amendments allow the Town to be compliant with recent changes in state law related to the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) and address the following General Plan Goal, Objective, Policies and Program:
Housing Element Goal 3.720 Use Accessory Dwelling Units to meet a substantial portion of the Town’s moderate to very low-income
housing need.
Housing Element Objective 3.721 A. Realize the construction of 208 new accessory dwelling units planned for occupancy by moderate to
extremely low-income households in Atherton from
2023-2031.
Housing Element Policy 3.722 A. Actively promote the Accessory Dwelling Unit provision of the Atherton Zoning Ordinance by
encouraging and incentivizing homeowners and
developers to include attached or detached Accessory
Dwelling Units in existing or new homes. This will
include educating homeowners on rental alternatives
and the need for ADU reporting.
Housing Element Policy 3.762 B. The Town shall continue to encourage the production and availability of more affordable housing
through the development of new accessory dwelling
units, and private and public-school faculty and student housing.
Second Reading for ADU Ordinance
December 17, 2025
Housing Element Program 3.812(A) Continue to encourage the development of ADUs and approve ADUs ministerially in conformance with State
Law provisions.
FISCAL IMPACT:
The cost associated with the preparation of the draft Ordinance amendments are included within the annual Planning Department budget. The cost to implement the Ordinance will be paid for by the applicants of related development projects.
ENVIRONMENTAL IMPACT:
The project is Categorically Exemption per Section 15305 of the CEQA Guidelines. Section 15305 relates to Minor Alterations in Land Use Limitations, as the ordinance amendments would not result in any changes to land use or density.
PUBLIC NOTICE:
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. In advance of the introduction hearing on November 19, 2025, legal advertisement of this hearing was published in The Almanac newspaper.
Notice of this hearing was also mailed to all property owners within the Town. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications.
Subscribers include residents as well as stakeholders – to include, but be not limited to, media outlets, school districts, Menlo Park Fire District, service provides (water, power, and sewer), and regional elected officials.
FORMAL MOTION:
I move that the City Council introduce and conduct the second reading of an ordinance to amend Chapter 17.52 of the Atherton Municipal Code “Accessory Dwelling Units” based on reasons outlined in the Staff Report.
/s/Brittany Bendix
Brittany Bendix, Town Planner
/s/Gerry Martin
Gerry Martin, Assistant Planner
Attachments:
1. Draft City Council Ordinance