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Council adopts SB 10 multifamily overlay for two Winchester Boulevard parcels with privacy and design limits
Summary
The Monte Sereno City Council voted to adopt a multifamily residential overlay under SB 10 for 15785 and 15791 Winchester Boulevard, limiting developments to single-story buildings of up to eight units with new setbacks, landscaping and objective design standards; the vote followed extensive resident public comment and a discussion about state compliance risks.
The Monte Sereno City Council adopted an ordinance and related resolutions authorizing a multifamily residential overlay under California's SB 10 for two parcels at 15785 and 15791 Winchester Boulevard.
Staff and the council said the adopted overlay modifies SB 10's potential density for these lots: the city is allowing up to eight units per parcel (the state law allows up to 10), requiring single-story development, and adding objective design standards intended to protect neighbor privacy. Asher Cohn, principal planner with Em Group, told the council staff recommended maximum building heights consistent with R1-8 zoning, front/side/rear setbacks of 25, 10 and 30 feet respectively, a target average unit size of about 1,000 square feet, a minimum pervious open-space requirement (2,000 square feet or 10% of the parcel, whichever is greater), and a maximum exterior material light-reflectance value of 30 to reduce glare.
"We recommended limiting these parcels to a single story and reducing maximum units to eight to better fit the neighborhood and address privacy concerns," Cohn said during the presentation.
Opponents at the public hearing focused on privacy, traffic and safety near nearby schools and contested the choice of Winchester as a site. John McGlone, who organized a petition opposing the overlay, said volunteers collected about 130 signatures from Monte Sereno registered voters pressing the council to consider alternative parcels such as an Austin Way triangle.
Some neighbors also warned of legal and property-value impacts. A public commenter who identified herself as Jennifer told the council that cumulative damages from rezoning could be high and urged the body to consider alternatives; she estimated potential cumulative damages in the millions (her estimate: about $10,000,000). Council members and staff said they had modified the overlay substantially since the sites were selected and emphasized the city's limited options under state housing laws if the council fails to act.
Mayor Allen moved to accept the staff report with the proposed modifications; the motion passed on a roll-call vote with Council member Warren recorded as opposed and other voting members in favor.
The council also approved a parallel resolution updating objective design standards — including open-space and minimum-tree requirements — to apply to the new overlay zone. The staff said the action implements Program Q of the city's adopted 2024 housing element and that inclusion of the parcels in the housing element dates to an August 2023 council decision. City staff cited SB 10 and related CEQA provisions for the exemptions they relied on in the presentation.
The council's action does not itself build housing; it rezones the parcels to permit a particular scope of multifamily development and establishes design standards and permit processes. Staff said any development would be subject to future review and that the overlay does not guarantee a specific number of units would be built.
The city attorney advised the council that delay or inaction on housing-element implementation could expose Monte Sereno to state notices, potential decertification of the housing element and builder's-remedy risks, which informed some council members' inclination to proceed with the overlay.
