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Jan 23

What is SB 50?

Posted to City Manager's Blog by grodericks grodericks

What is Senate Bill 50 (Introduced by Senator Scott Wiener)?

HousingSB 50, as amended, is State legislation introduced by Senator Scott Wiener. SB 50 was first introduced in 2018 and has subsequently been amended, and released in January 2020. SB 50, as amended, changes current law in a number of ways to address housing development, approval processes, and incentives for the development of multi-family housing. 

Below are some of the major issues around SB 50.

Multi-Family Housing versus Neighborhood Multifamily Project

Under existing law, when a developer submits an application for a multi-family housing development that satisfies specific planning objective standards, it is subject to a streamlined, ministerial approval process. The law allows that application to not be subject to a conditional use permit. SB 50 modifies the definition of a multi-family development in this context to be a "neighborhood multifamily project" and changes the approval and processing process. Under SB 50, a neighborhood multifamily project is a project that would construct a multifamily structure, consisting of up to 4 residential dwelling units that meet the local height, setback, and lot coverage requirements (as they existed in July 2019).

Requirement for California Environmental Quality Act Review?

If a development proposal conflicts with requirements for streamlined approval, a city has 60 days to notify the project applicant. If the city fails to do so, the project is deemed to comply. SB 50 also limits the authority of a city to impose parking standards or other requirements on a streamlined development. SB 50 exempts neighborhood multifamily projects from environmental review under the California Environmental Quality Act (CEQA).

Jobs-Rich Area and Job-Rich Housing Project

JobsCurrent law requires that when an applicant proposes a housing development, that the city provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units. SB 50 requires that the city also grant an equitable communities incentive for projects that satisfy specific criteria. That criteria includes whether the development is either a job-rich housing project or a transit-rich housing project. A job-rich housing project is a residential development within a jobs-rich area. A residential development is considered to be within a jobs-rich area if both of the following apply:

1) all parcels within the project have no more than 25% of their area outside of the jobs-rich area; and 2) no more than 10% of residential units or 100 units, whichever is less, of the development are outside of the jobs-rich area.

The city does not define what is or is not a jobs-rich area. The State Department of Housing and Community Development (HCD) in consult with the Office of Planning and Research (OPR) makes that determination. HCD gets to determine the areas that are high opportunity and either are jobs rich or would enable shorter commute distances. The particular tracts must meet both of the following:

1) the tract is high opportunity, meaning its characteristics are associated with positive educational and economic outcomes for households of all income levels residing in the tract; and
2) the tract meets either of the following: a) new housing sited in the tract would enable residents to live near more jobs than is typical for tracts in the region; or b) new housing sited in the tract would enable shorter commute distances for residents, relative to existing commute patters and jobs-housing fit.

HCD is required to publish and update every 5 years a map of the state showing the areas it defines as jobs-rich areas.

Parking Requirements? 

No ParkingFor San Mateo County (based on population), SB 50 also requires that developers receive waivers from maximum controls on density; minimum parking requirements and specified other development waivers if the development is located within 1/2-mile or 1/4-mile radius of a major transit stop, defined as a rail transit station meeting specific criteria. 

Ability for Local Flexibility Plans

SB 50 does exempt communities from its provisions if the community has a local flexibility plan that has been reviewed and certified by HCD. But, at the present time, no one knows what exactly a local flexibility plan is or what the requirements are. The requirements of a local flexibility plan have yet to be developed by HCD. This was a significant amendment to the legislation; but, it is still largely an unknown target and process. 

Applicability to General Law Cities only or does it also apply to Charter Cities?

The requirements of SB 50 apply to both general law and charter cities. Atherton is a general law city. 

Atherton Remains Opposed to SB 50

The Town continues to be opposed to SB 50 for a number of reasons. (See Mayoral Correspondence Archive for the recent letter of opposition.)

1) Undefined Criteria for Compliance. At present, the requirements of a "local flexibility plan" are not defined in SB 50. Further, the crafting of the definition and compliance requirements of such plans are left to HCD and OPR, with little to no public input, engagement or oversight. SB 50 talks about standards, options for plans, and exemptions but does not define what those are. 

2) Conflict with Climate Action Goals. Forcing multi-unit housing with limited to no parking solutions onto communities as a one-size fits all approach does not work. SB 50 solutions are in direct conflict with the State's climate goals of reducing greenhouse gas (GHG) emissions. In Atherton, where there is no commercial development, residents need to travel miles to obtain food and other items. Putting multi-unit development in Atherton but eliminating parking forces the use of ride share services and other similar solutions; instead of encouraging the use of parking solutions that use EV charging opportunities resulting in GHG reductions. 

3) Lack of Credit for Institutional Housing. Atherton, like many communities, is home to institutional housing for students and teachers that are a part of local educational institutions. SB 50 and other State housing law fails to give credit to communities that accommodate such affordable housing solutions. 

Commercial Development4) Disregard for Unique Community Character. SB 50 does not take the individual unique character of communities into consideration. Atherton has deliberately developed in its own way, since incorporation, as nearly 100% residential. This unique community character has been sustained in the midst of surrounding communities that have chosen to develop large commercial developments and infrastructure while neglecting commensurate plans for housing and transportation to serve those developments. As a result, the Town faces increased commute traffic congestion, a deterioration of our local roads, increased noise, and threats to local emergency response capabilities due to gridlock. While Atherton has been careful in its development decisions; our neighbors have not. SB 50 rewards their behavior and usurps local control to force the Town to change its community character to accommodate the impacts caused by adjacent, short-sighted development decisions. 

5) Usurping Local Control. In the end, at its heart, SB 50 usurps local control over land use decisions unique to each municipality. Local zoning and land use decisions are best left to the local agencies and local officials that are responsible to the communities they serve. 

Legislative Contacts

Senator Scott Wiener Contact
District Office
455 Golden Gate Avenue, Suite 14800
San Francisco, CA 94102
(415) 557-1300

Senator Jerry Hill Contact
District Office
1528 South El Camino Real, Suite 303
San Mateo, CA 94402
(650) 212-3313

Thanks for reading!

George Rodericks
City Manager
Town of Atherton

Jan 23

Town Center Update - January 23, 2019

Posted to Town Center Project Activity Blog by grodericks grodericks

Atherton Town Center - Project Activity

A lot has transpired in the last month with the Project. Most of the utility work has been completed; the mock-up of the rammed earth wall was completed and finalized; work began on the pad for the new library; and the Police Department Ancillary Building began to take shape. 

Live webcams for
and City Hall/PD Building are active on the Town's website. There is also a project progress photo gallery

City Hall and Police Building

City_Hall_2The photo to the right is an image from December looking across the City Hall and Police Building toward the location for the new Police Ancillary Building in their Secure Parking Lot - toward Caltrain.

The single-story, concrete masonry unit (CMU) building will be used to store:

  • Stolen Evidence/Vehicles
  • Property Storage
  • Fleet Maintenance
  • Police Motorcycles
  • Special Operations/Emergency Equipment
  • Emergency Generator & Power Equipment
The image below is from today (January 2020). The CMU walls for the building have been constructed. Entry door gaps can be seen along the front of the building. This is the side of the building that will face interior to the Police Department Secure Parking Lot. As construction continues, the view will change as the new building begins to go vertical in front of the Ancillary Building.
Full Town Hall Site
Below is a Site Plan for the full project. 


Historic Town Hall

Interior work of the Historic Town Hall building is further down in the project timeline. Current work for the building included a review of the interior wood construction for dry rot and installation of rebar at perimeters for the beginnings of earthquake retrofit of the foundation.

This building will ultimately become a part of the new Library connected via a deck and french doors that spill out from the side of the building onto the new deck. 

Library Building

LibraryMost of the work this week focused on the installation of geotextile fabric and crushed rock for the slab work. Over the next week, the contractor will form and place rebar for the slab and begin to form walls. The image to the right was from December 2019.

The image below is the similar view from January 2020.

Full Library Site

REW_FormsAlong the left site of the Library Building (you can see the base forms in the image above) and a portion of the rear wall will be sections of Rammed Earth Walls. A rammed earth wall is constructed by "ramming" a mixture of selected aggregates, including gravel, sand, silt and a small amount of clay, into place between flat panels called formwork. The image to the left here shows the formwork of the rammed earth mock-up. The mock-up was constructed per the plan specifications to test construction methods and appearance. The image below is the completed mock-up with the forms removed. 


Rammed earth walls provide better thermal protection by absorbing or slowing down the passage of heat through the material. On average, a rammed earth wall will help regulate the building's interior temperatures improving its energy performance. In addition, the rammed earth wall will have sound reverberation characteristics that will improve sound insulation from passing trains. 

Site Work

Site work this week finished up connections for storm drains and water lines. Work also continued on the installation of the chilled water line connections between the two buildings.

Once underground site work completes and steel begins to arrive on site, the buildings will begin to go vertical and take shape.

Here's a view of the new entrance to City Hall coming in off of Fair Oaks Lane. Administration Offices are on the right. The first floor will be Town Administration and the Post Office. The second floor is the Building, Planning, and Public Works Departments. The bottom and top floors on the left are the Police Department. Secure Parking Lot entry is off to the left of the main building. 

The Look Ahead

Work Areas for the Week of January 27
  • Installation of underground electrical from Ancillary Building to Main Building
  • Installation of slab forms for Main Building
  • Regrade and Clean-up Pad for Main Building
  • Installation of Rebar @ Rammed Earth Wall Locations for Library
  • Completion of Vapor Barrier @ Library
  • Form Lower Slab @ Library
  • Complete Underslab Electrical @ Ancillary Building
  • Install Ledger Boards @ Ancillary Building
Work Areas for the Week of February 3
  • Complete underground electrical from Ancillary Building to Main Building
  • Begin work on Main Building Pad (Geotextile Fabric/Crushed Rock)
  • Form and Pour Lower Slab @ Library
  • Set Structural Steel @ Ancillary Building

Project Financials

 Payment Request Period Town Share Library Share Total
Payment Request #1 June 2019 $983,533 $538,622 $1,522,155
Payment Request #2 July 2019 $540,673 $587,037 $1,127,711
Payment Request #3 August 2019 $605,478 $972,754 $1,578,232
Payment Request #4 September 2019 $997,235 $638,317 $1,635,551
 Payment Request #5 October 2019 $969,456 $252,633 $1,222,089
 Payment Request #6 November 2019 $1,318,002 $341,692 $1,659,694
 Payment Request #7 December 2019 $1,346,738 $555,978 $1,902,716
Totals   $6,761,115 $3,887,034 $10,648.149
Initial Project Bid   $28,701,034 $18,375,966 $47,077,000
Net Change Orders   $41,532 $73,410 $114,952
Updated Project Cost   $28,742,566 $18,449,376 $47,191,942
% Complete based on $   24% 21% 23%
Target Based on 25-Month Schedule   28%

George Rodericks
City Manager