Lafayette Tightens Glass, Roof Rules for New Multifamily Housing

Lafayette's City Council spent the longest stretch of its Sept. 28 meeting deciding what future apartment and condo buildings must look like, and it came down tougher than its own Planning Commission. The Council voted 4-0 to introduce Ordinance 703, which cuts upper-story glass to 35% on every side of a building and bars shed roofs as a primary roof form. Members also acknowledged a hard limit on their reach: developers using the state density bonus can waive any of these standards.

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• Ordinance 703 introduced 4-0: upper-story glass capped at 35% on all elevations, shed roofs curbed
• Density-bonus developers can still waive any design standard, staff says; five sections await fall upzoning
• $30,000 AARD deal trades a paused park match for guaranteed teen and senior space
• City to draft letter opposing FCC cuts to library E-Rate before the Oct. 13 deadline
• Cal Cities backs local-control working group 233-2; CCTA sales tax project list is urgent

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Design Rules Get Stricter, but Waivers Loom

The basics: Objective design standards are measurable rules, such as percentages, heights and setbacks, that a housing project must meet to get streamlined approval. "In California, all cities cannot deny housing projects based on subjective criteria or findings. There must be an objective pathway to approval," said Monica Sidlick, consultant with Lisa Wise Consulting, referencing SB 330, the Housing Crisis Act of 2019.

Why it matters: These rules shape every multifamily and mixed-use project seeking streamlined approval, including buildings at 60 units per acre. That covers downtown and the Mount Diablo Boulevard corridor.

Where things stand: Phase 2 stalled while the Housing Action Coalition sued the City, arguing the housing element did not comply with state law. With that settlement adopted, the item returned. Greg Wolf, planning staff, filling in for Senior Planner Arlie Cassidy, said five "reserved" sections that could restrict the building envelope "will be brought to you with the HAC settlement upzoning consideration later this fall."

The draft sets rules for:

• Pitched roofs, with flat roofs barred above two stories
• Articulation every 25 or 50 feet, depending on building height
• Parking screening, window limits and privacy near side setbacks
• Materials, open space, creek access and landscaping

On split 3-2 votes, the Planning Commission cut upper-story glass from 45% to 40% and eliminated butterfly roofs.

Glass and roofs: Council members went further. They agreed on a 35% cap, noting 1001 Oak Hill Road sits at 34% and 950 Huff at 39%. At Mayor Carl Anduri's urging, the cap now applies to all upper-story elevations, not just street-facing ones. Vice Mayor John McCormick proposed barring shed roofs as a primary roof element. Staff wrote the final language to limit them to accessory buildings and lesser roof forms.

The 18-square-foot single-pane limit survived. "If we're going to have a 35% fenestration threshold, then let the architect figure out how to best work that," said Councilmember Jim Cervantes. McCormick agreed, citing standard picture windows. Councilmember Susan Candell preferred smaller panes: "The big plain ones are very plain, they're very modern."

The other side: Elliot Hudson, public commenter, used time ceded by Libby Henry to push for 6-square-foot panes, 30% glass or less and no shed roofs, in defense of the Council's "semi-rural ambiance" goal. "If you err on the side of allowing bad buildings, you can never, ever, ever fix it," Hudson said. Rob Lavoie, public commenter, backed him: "I think we need to really define what we want and make them earn it."

The waiver problem: Cervantes established that a density-bonus developer could opt out entirely, for example to build a butterfly roof. Candell pushed back: "I know we have been instructed by our counsel to say that we have to give them unlimited waivers, but that's actually technically not true." She also flagged energy and fire concerns. Staff confirmed Lafayette has adopted no reach codes beyond state law except for EV charging.

Cervantes raised Zone 0 wildfire landscaping, and staff offered a simple 5-foot buffer option. McCormick opposed applying wildland rules to sprinklered buildings, and colleagues preferred a separate fire-safety approach or a later revision. Anduri deferred his push for street trees. Staff said no Public Works code requires planting them.

Decisions and stakeholder impacts: Cervantes moved to introduce the ordinance as amended and waive the first reading (For: 4, Against: 0, Absent: 1, Councilmember Stella Wotherspoon). Developers seeking by-right approval face tighter glass and roof limits. Residents who want a village look got some of what they asked for, though waivers blunt it.

What's next: The second reading and adoption are set for Oct. 13. Candell asked for estimates of what waivers cost developers in the next phase. Anduri noted that in 2021 no city had succeeded with that approach.

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AARD Deal Trades Park Match for Program Space

Why it matters: Seniors and teens get guaranteed downtown programming, and staff says spending stays level.

Where things stand: The City had ended its $35,000 fundraising match with All Ages Recreation Downtown (AARD). It also asked the group to stop park fundraising because "we're negotiating the potential acquisition of an adjacent parcel," said Jonathan Katayanagi, Parks, Trails, and Recreation Director.

The new temporary agreement pays AARD for three services:

• $12,000 for senior services
• $12,000 for youth and teen services
• $6,000 for community recreation

Three city commissions endorsed the plan. Katayanagi said it will "guarantee 5 hours a week of senior center space for older adults." McCormick and Cervantes pressed on whether the deal is a budget wash. Staff said there is no net increase.

Decisions and stakeholder impacts: McCormick moved and Candell seconded. The motion passed on a voice vote with no recorded dissent; Wotherspoon was absent. There was no public comment. "So this is a really good move," Anduri said.

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FCC Threat to Library Internet Discounts

Why it matters: Contra Costa County Library qualifies for just over $2 million in E-Rate reimbursements for 2026–2031. Losing them could cut about 64,000 new books.

Where things stand: E-Rate is funded by telecommunications carrier fees and discounts internet service and equipment. The county system received about $1.6 million over the past five years at a 60% rate. It now qualifies for 80%.

"In August, the FCC published a notice of proposed rulemaking asking whether the 30-year-old program should be eliminated, scaled back, or limited," said Sarah Blumenfeld, Lafayette's representative on the Contra Costa County Library Commission. Answering McCormick, she said, "It's not federal money."

Lavoie asked how internet funding connects to books. Blumenfeld said a higher internet bill forces cuts elsewhere in the library budget.

What's next: Initial comments are due Oct. 13, and replies are due Nov. 12. The Council's legislative committee meets Oct. 14, after the first deadline. City Manager Niroop K. Srivatsa offered to draft a letter with Blumenfeld, calling it consistent with the City's legislative platform.

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Council Reports: Cal Cities and CCTA Deadlines

Where things stand: Candell reported that a City of Murrieta resolution passed the League of California Cities general assembly 233-2, creating a working group. The resolution was amended to drop "constitutional amendment" wording. It first survived a motion to reject and passed committee, both 42-3.

Why it matters: Candell said Lafayette must quickly update the Contra Costa Transportation Authority (CCTA) project list that feeds the next sales tax measure. "The sales tax measure has to fund named projects," she said, adding that later additions would come too late.

Cervantes reported the state is consolidating affordable housing financing under a single housing and homelessness agency. McCormick reported the inaugural M3 committee meeting and an upcoming BART access study review.

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Minor Items

• Consent calendar: Ordinance 704 on parking meter zones and fees, $48,500 in Measure H wildfire projects, a county trail grant letter and relocation of the Nov. 23 meeting all passed.
• City Manager contract: Srivatsa received a one-year extension and a 5% raise retroactive to July 1, approved unanimously, 4-0.
• K-9 returns: Police introduced Elwood, the department's first dog in over four years. He was donor-funded and will do event sweeps after explosives training.
• Proclamation: October was declared Domestic Violence Awareness Month, 4-0, after a UC Berkeley graduate offered help on teen dating violence.
• History Trail: Shane Reisman, public commenter, announced a ribbon cutting Oct. 10 at 10 a.m. at the Lafayette Community Center.

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Looking Ahead

Ordinance 703 returns for adoption Oct. 13, the same day FCC comments are due. Upzoning tied to the Housing Action Coalition settlement, along with the five reserved design sections, is expected later this fall.