Atherton studies proposed inclusionary housing ordinance; staff to take draft to planning commission

The Atherton Town Council held a special study session to review a draft inclusionary housing ordinance and options for implementation, hearing a presentation from Town Planner Britney Bendix and consultants from M Group and BAE Urban Economics on Nov. 29, 2024 (special meeting date in packet). The council heard detailed feasibility and in-lieu fee analyses, discussed the interaction with the state density bonus program and HCD review, and gave staff direction to move a draft to the Planning Commission on Jan. 29, 2025 and then to the City Council in February or March for hearings; no formal ordinance vote occurred at the meeting.

The discussion matters because Atherton’s adopted housing element references inclusionary requirements and the town must show consistent programs to the California Department of Housing and Community Development (HCD) as part of certification and ongoing RHNA obligations. The council emphasized three trade-offs: how deep to target affordability (very low vs. low AMI), whether to apply requirements to multifamily zones (RM-10 and RM-20/40) and single-family construction, and whether to set an in-lieu fee large enough to fund off-site affordable housing without making on-site construction infeasible.

Town Planner Britney Bendix opened the session with the staff report and explained the legal and program context. “This is a local policy. It’s optional. It’s not required by the state,” Bendix said, then reviewed how state law and the State Density Bonus Program interact with a local inclusionary program. Consultants Asher Cohn (M Group) and Stephanie Hager (BAE) detailed the BAE study, which modeled four development prototypes (multifamily rental, townhome for-rent, townhome for-sale and single-family new construction), tested density-bonus scenarios, and…