Agenda packet — Portola Valley City Council, September 28, 2022

TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, September 28, 2022
7:00 P.M.

Craig Hughes, Mayor
Sarah Wernikoff, Vice Mayor
Jeff Aalfs, Councilmember
Maryann Derwin, Councilmember
John Richards, Councilmember

VIRTUAL PARTICIPATION VIA ZOOM
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HYBRID MEETING
HISTORIC SCHOOLHOUSE - 765 Portola Road, Portola Valley, CA 94028 Remote Public Comments: Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Please submit your comments using this online form by 1:00 PM on the day of the meeting. Time permitting, your correspondence will be uploaded to the website. All received questions will be forwarded to Council, Commission, or Committee members for consideration during the meeting and included in the public record.

Additionally, the public body will take questions using the Raise Hand button for those who attend the meeting online or by phone. Phone callers may provide comments by pressing *9 on your phone to "raise your hand" and *6 to mute/unmute yourself. The meeting Chair will call on people to speak by the phone number calling in.

Assistance for People with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (650) 851-1700 or by email at [email protected]. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.

Public Hearings: Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only issues you or someone else raised at the Public Hearing(s) described in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s).

Residents have asked if they are able to see a list of participants in Zoom webinar-meetings. Craig Hughes has put together a simple website integrated with Zoom data to provide this for Town webinars. You can visit the site at https://pv-zooms.rungie.com/ which will show a list of meetings. Clicking on a meeting will then display all participants in the meeting, as well as those who had been in the meeting but have left. The site will only show meetings once they have started and the first participant has joined.

1. CALL TO ORDER

2. REPORT OUT OF CLOSED SESSION

3. ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject may do so now. Please note, however, that the Council is not able to undertake extended discussion or action tonight on items, not on the agenda. Speakers' time is limited to three minutes.

4. ANNOUNCEMENTS/PRESENTATIONS
a. Receive Presentation from Race & Equity Committee Regarding Land Acknowledgment

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Town of Portola Valley – Council Agenda
September 28, 2022

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5. CONSENT AGENDA
The following items are voted on at once by the body, unless a member of the body requests an item be considered separately. Members of the public are permitted to comment on any item on the consent calendar before the body votes on the consent agenda.
a. Approval of Action Minutes for the Regular Meeting of September 14, 2022 b. Approval of Warrant List
c. Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361
d. Waive Second Reading and Adopt an Ordinance Amending Ordinance No. 1975-141 and Municipal Code Section 1.08.010 “Posting Places” of the Town of Portola Valley Municipal Code
e. Adopt Biennial Resolution Updating Designated Positions and Disclosure Obligations in the Town's Conflict of Interest Code
f. Appoint Anita Wotiz to the Sustainability Committee
g. Approve a Charter Amendment for the Wildfire Protection Committee Authorizing Committee Meetings to be Held on the First Monday of Each Month

6. PUBLIC HEARING
a. Appeal of Planning Commission Decision to deny an appeal of an Architectural and Site Control Commission Decision to Approve an Architectural Review and Site Development Permit to construct a new residence with detached garage, detached ADU, pool and landscape improvements; 1195 Westridge Drive; File # PLN_ARCH0002-2022; Pursuant to Portola Valley Municipal Code Chapter 18.78

7. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Oral reports arising out of liaison appointments to both in-town and regional committees and initiatives.

There are no written materials and the Town Council does not take action under this agenda item.

8. TOWN MANAGER REPORT
There are no written materials and the Town Council does not take action under this agenda item.

9. WRITTEN COMMUNICATIONS
a. Town Council Digest

10. ADJOURNMENT
The next Regular Town Council meeting will be held on October 12, 2022 at 7:00 p.m.

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To: Mayor Hughes and council members
From: Race & Equity Committee
Date: September 14, 2022
Re: Land acknowledgment revision and implementation
Regarding the land acknowledgment statement adopted by the Council (red page 19) on November 11, 2020 and recommended actions, the Race & Equity Committee recommends the following:

1. Approve revised land acknowledgment statement to include the Muwekma Ohlone, Ramaytush Ohlone, and Tamien Ohlone peoples and to clarify the intention.

2. Implement the use of the land acknowledgment statement:
a. Publish in the footer of the Town’s website.
b. Begin the practice of reading the land acknowledgment at the beginning of all Town public meetings (Council, Committees, and events).

In the future, the Race & Equity Committee will seek ways to put the statement into action make further recommendations to the council.

PV’s current land acknowledgment:

Occupying the traditional, ancestral, and unceded territory of the Ramaytush Ohlone peoples, Portola Valley both recognizes and acknowledges the violent colonial history of the land that it dwells upon. As a part of this history, Portola Valley recognizes that it has, and will continue to, profit from land stolen from the Indigenous Ohlone peoples, and commits to an ongoing effort to dismantle these legacies.

Recommended revised land acknowledgment:

The Town of Portola Valley acknowledges the colonial history of this land we dwell upon—the unceded territory of the Muwekma Ohlone, Ramaytush Ohlone, and Tamien Nation, who endured a human and cultural genocide that included removal from their lands and disrupted their sacred relationship to the land. Portola Valley recognizes that we profit from the commodification of land seized from indigenous peoples and now bear the social and ecological consequences. We seek to understand the impact of these legacies on all beings and to find ways to make repair.

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TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, September 14, 2022
7:00 P.M.

Craig Hughes, Mayor
Sarah Wernikoff, Vice Mayor
Jeff Aalfs, Councilmember
Maryann Derwin, Councilmember
John Richards, Councilmember

MINUTES

1. CALL TO ORDER – Councilmembers Derwin, Richards, Wernikoff and Mayor Hughes were present. Councilmember Aalfs was absent.

Due to technical difficulties in the Council Chambers, the meeting was called to order at 7:06 p.m.

2. REPORT OUT OF CLOSED SESSION – There was no report out of Closed Session.

3. ORAL COMMUNICATIONS
There were no speakers during Oral Communications.

4. ANNOUNCEMENTS/PRESENTATIONS
a. Issue Proclamation Recognizing September 2022 as Suicide Prevention Month Craig Hughes, Mayor, presented the proclamation to Frieda K. Edgette, Behavioral Health Commissioner and Youth Committee Chair.
b. Receive Presentation from Race & Equity Committee Regarding Land Acknowledgment This item was moved to September 28, 2022.

5. CONSENT AGENDA
John Richards, Councilmember, requested to pull Item 5.a. for a separate vote.

Item 5.a. - A correction to the meeting minutes of August 10, 2022 was requested to indicate the following members of Council who were appointed to the Sheriff’s Contract Subcommittee:

Sarah Wernikoff and Jeff Aalfs (removing John Richards).

M/S Derwin/Richards to approve Item 5.a., as amended. Motion carried 4-0 by roll call vote with Councilmember Aalfs absent.

M/S Richards/Derwin to approve the Consent Agenda, excluding Item 5.a. Motion carried 4-0 by roll call vote with Councilmember Aalfs absent.
a. Approval of Action Minutes for the Regular Meetings of August 10, 2022 b. Approval of Warrant List
c. Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361
d. Adopt a Policy Authorizing Additional COVID-19 Supplemental Paid Sick Leave per California Labor Code Section 248.6 and Direct the Town Manager to Adjust the Budget to Reflect this New Policy
e. Adopt the Attached Resolution Approving a Project List to Comply with SB-1 Funding Requirements as Required Annually
f. Approve a Letter of Thanks to Gary and Eileen Morgenthaler for Donation to Care and Maintenance of the Frog Pond Open Space
g. Appoint William R. Urban to the Finance Committee.

Town of Portola Valley – Minutes
September 14, 2022

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h. Adopt a Resolution Authorizing the Annual Salary Schedule Update in the Town’s Compensation Plan

6. REGULAR AGENDA
a. Approve a Letter of Thanks to the Housing Element Committee for their Past and Ongoing Work on the Town’s Housing Element
Sarah Wernikoff, Vice Mayor, presented the item.

M/S Richards/Wernikoff to approve the letter of thanks to the Housing Element Committee. Motion carried 4-0 by roll call vote with Councilmember Aalfs absent. b. Waive First Reading and Introduce an Ordinance Amending Section 1.08.010 “Posting Places” of the Municipal Code
Melissa Thurman, Town Clerk, presented the item.

The following members of the public spoke regarding the item:
• Rita Comes
M/S Richards/Derwin to waive the first reading and introduce the ordinance amending Section 1.08.010 “Posting Places” of the Municipal Code. Motion carried 4-0 by roll call vote with Councilmember Aalfs absent.
c. Adopt an ADU Ambassador Program to Assist with Community Education and a Survey Regarding ADUs and JADUs in Portola Valley
Sarah Wernikoff, Vice Mayor and Laura Russell, Planning & Building Director, presented the item.

The following members of the public spoke regarding the item:
• Karen Askey
• Karen
• Danna Breen
• Judith Murphy
M/S Derwin/Richards to adopt an ADU Ambassador Program in Portola Valley. Motion carried 4-0 by roll call vote with Councilmember Aalfs absent.

7. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS The Councilmembers below reported on attending the following committee and regional meetings:

Maryann Derwin: Council of Cities meeting in Pacifica; Back to School event in Portola Valley John Richards: Emergency Preparedness Committee; Planning Commission; Back to School event in Portola Valley
Craig Hughes: Wildfire Preparedness Committee; Bicycle, Pedestrian and Traffic Safety Committee; Back to School event in Portola Valley

8. TOWN MANAGER REPORT
Jeremy Dennis, Town Manager, provided the report.

The following member of the public spoke regarding the report:
• Rita Comes

9. WRITTEN COMMUNICATIONS
a. Town Council Digest
Town of Portola Valley – Minutes
September 14, 2022

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No comments were provided on the Town Council Digest.

10. ADJOURNMENT – The meeting adjourned at 8:31 p.m.

The next Regular Town Council meeting will be held on September 28, 2022 at 7:00 p.m.

The meeting minutes were prepared by Melissa Thurman, Town Clerk for approval at the meeting of September 28, 2022.
apachreg Town of Portola Valley ntanori 09/21/2022 15:51 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 2554 20 ALLIANT INSURANCE SERVICES 1,002.00 09/28/222555 41 AT&T 358.62 09/28/222556 67 BSN SPORTS 151.38 09/28/222557 78 CALIFORNIA WATER SERVICE CO 18,403.80 09/28/222558 80 CALPERS 25,360.63 09/28/222559 124 COMCAST 276.44 09/28/222560 128 COPYMAT 303.63 09/28/222561 203 GREEN HALO SYSTEMS 114.00 09/28/222562 214 HINDERLITER DE LLAMAS & ASSOC 751.35 09/28/222563 227 INTERSTATE TRAFFIC CNTRL 1,109.22 09/28/222564 234 J. W. ENTERPRISES 542.88 09/28/222565 275 KRUPKA CONSULTING 3,150.00 09/28/222566 323 MIG-TRA 5,492.50 09/28/222567 332 N.C.E. 1,060.00 09/28/222568 340 OGRADY PAVING INC. 205,743.40 09/28/222569 364 PERS HEALTH 28,656.88 09/28/222570 367 PG&E 769.13 09/28/222571 403 RON RAMIES AUTOMOTIVE INC. 837.15 09/28/222572 428 SHARP BUSINESS SYSTEMS 70.41 09/28/222573 437 SMALL BUSINESS BENEFIT PLAN TR 2,931.90 09/28/222574 441 SPARTAN ENGINEERING 900.00 09/28/222575 447 STAPLES CREDIT PLAN 543.75 09/28/222576 505 WOODSIDE FIRE PROTECTION DISTR 9,421.29 09/28/222577 518 GOT GOPHERS? 1,050.00 09/28/222578 690 CRUZ STRATEGIES 625.00 09/28/222579 729 TOWNSEND MANAGEMENT INC 14,250.00 09/28/222580 752 FEHR & PEERS 4,297.13 09/28/222581 875 WESTERN TRUCK FABRICATION INC 5,304.49 09/28/222582 904 THE BACKFLOW GUY INC 950.00 09/28/222583 905 TAYLOR SOLENO 25.00 09/28/22Check totals: 334,451.98ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 334,451.98

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Check totals: 334,451.98
ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 334,451.98

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apapdinv2 ntanori Town of Portola Valley Page 1
15:52 09/21/22 Paid Invoices by Date
From: 09/28/2022 to 09/28/2022
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 20 ALLIANT INSURANCE SERVICES
09/28/22 2554 Annual Town Picnic Insurance, 9/17 1,002.00 1,002.00 2078835 Vendor: 41 AT&T
2555 August Statement 358.62 244.87 000018736708
August Statement 56.88 000018736707August Statement 56.87 000018736709 Vendor: 67 BSN SPORTS
2556 Base Anchors - Town Center Softball Infield 151.38 97.02 918124362 Base Anchors - Town Center Softball Infield 54.36 918124358 Vendor: 78 CALIFORNIA WATER SERVICE CO
2557 Water Service 08/11/22 - 09/12/22 18,403.80 18,403.80 AUG-2022 Vendor: 80 CALPERS
2558 June Retirement- CLASSIC 25,360.63 17,346.17 100000016805250 June Retirement- PEPRA 8,014.46 100000016805276
Vendor: 124 COMCAST
2559 WIFI 09.16.22 - 10.15.22 276.44 276.44 7290-SEPT22 Vendor: 128 COPYMAT
2560 Zotts to Totts Mailers 303.63 303.63 CMB081822
Vendor: 203 GREEN HALO SYSTEMS
2561 September Hosting/Access 114.00 114.00 3822
Vendor: 214 HINDERLITER DE LLAMAS & ASSOC
2562 Sales Tax Audit Svcs - Q1 2022 751.35 751.35 SIN021069 Vendor: 227 INTERSTATE TRAFFIC CNTRL
2563 Street Signs 1,109.22 1,005.16 252756
Street Signs 104.06 252770
Vendor: 234 J. W. ENTERPRISES
2564 Portable Lavs 07/28/22 - 08/24/22 542.88 313.44 243839 Portable Lavs 07/28/22 - 08/24/22 229.44 243840
Vendor: 275 KRUPKA CONSULTING
2565 On-Call Traffic & Transportation - August 2022 3,150.00 3,150.00 1334 Vendor: 323 MIG-TRA
2566 Consulting Svcs - 07/01/22 to 07/31/22, PV Ranch Frog Pond 5,492.50 5,007.50 0076845

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apapdinv2 ntanori Town of Portola Valley Page 2
15:52 09/21/22 Paid Invoices by Date
From: 09/28/2022 to 09/28/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
09/28/22 2566 Consulting Svcs - 08/01/22 to 08/31/22, PV Ranch Frog Pond 5,492.50 485.00 0076946 Vendor: 332 N.C.E.
2567 2022-2023 Street Resurfacing Through 08/12/22 1,060.00 1,060.00 424275506 Vendor: 340 OGRADY PAVING INC.
2568 2022-2023 Street Resurfacing 205,743.40 205,743.40 6355 Vendor: 364 PERS HEALTH
2569 August Health 28,656.88 14,339.62 100000016871652
September Health 14,317.26 100000016905580
Vendor: 367 PG&E
2570 August Statements 769.13 769.13 AUG-2022
Vendor: 403 RON RAMIES AUTOMOTIVE INC.
2571 August Fuel Statement 837.15 837.15 G20220831-03
Vendor: 428 SHARP BUSINESS SYSTEMS
2572 August Copies 70.41 70.41 9003965289
Vendor: 437 SMALL BUSINESS BENEFIT PLAN TR
2573 October Dental/Vision 2,931.90 2,931.90 OCT-2022
Vendor: 441 SPARTAN ENGINEERING
2574 Fire Alarm Monitoring 09/10/22 - 09/09/23 900.00 480.00 10467M Security System Monitoring 09/10/22 - 09/09/23 420.00 10466M Vendor: 447 STAPLES CREDIT PLAN
2575 August Statement 543.75 543.75 2814-AUG22
Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
2576 CERP Coordinator July - September 2022 9,421.29 9,421.29 132_PV Vendor: 518 GOT GOPHERS?
2577 Town Fields Gopher Trapping - August 1,050.00 1,050.00 33456 Vendor: 690 CRUZ STRATEGIES
2578 Government Relations Consulting - September 625.00 625.00 2416 Vendor: 729 TOWNSEND MANAGEMENT INC
2579 2022-2023 Street Resurfacing Inspection Services 14,250.00 14,250.00 200221-08-22 Vendor: 752 FEHR & PEERS

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apapdinv2 ntanori Town of Portola Valley Page 3
15:52 09/21/22 Paid Invoices by Date
From: 09/28/2022 to 09/28/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
09/28/22 2580 PV Evacuation Study 06/25/22 - 07/29/22 4,297.13 4,297.13 157550 Vendor: 875 WESTERN TRUCK FABRICATION INC
2581 Truck Repairs 5,304.49 5,304.49 24651
Vendor: 904 THE BACKFLOW GUY INC
2582 Backflow Testing 950.00 950.00 19309
Vendor: 905 TAYLOR SOLENO
2583 CCAC - Nuts and Bolts Course Reimbursement 25.00 25.00 FRRS-22-10 Check Date Totals 334,451.98
Grand Total 334,451.98

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TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
September 28, 2022
Claims totaling $334,451.98 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.

Date _____________________________ ________________________________ Jeremy Dennis, Treasurer
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.

Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Melissa Thurman, Town Clerk Mayor

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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Cara Silver, Town Attorney
DATE: September 28, 2022
RE: Adoption of Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely

RECOMMENDATION
Staff recommends that the Town Council adopt the attached Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely.

BACKGROUND
On September 16, the Governor signed AB 361, amending the Ralph M. Brown Act (Brown Act) to allow legislative bodies to continue to meet virtually during the present public health emergency. AB 361 is an urgency bill which goes into effect on October 1, 2021 and expires on January 1, 2024 (portions of the bill applying to the State legislature and school districts expire earlier). The bill extends the teleconference procedures authorized in Executive Order N-29-20 (set to expire September 30, 2021) during the current COVID-19 pandemic and allows future teleconference procedures under limited circumstances defined in the bill.

Effective October 1, 2021, cities must comply with AB 361 if they want to conduct remote meetings.

AB 361 applies to meetings during a proclaimed state of emergency and the legislative body has made a finding that meeting in person would "present an imminent risk to the health or safety of attendees". “State of emergency” is defined as a state of emergency declared by the Governor under Government Code Section 8625.

AB 361 requires several procedural safeguards, such as giving the public ability to address the legislative body directly, providing information on how to address the body, providing either a call-in or internet-based service option, requirement to stop meeting if call-in or internet-based option fails due to measures under the control of the Town, comments may not be required to be submitted in advance, and pre-registrations (except as required by callin or internet platform) are prohibited.

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

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Resolution Confirming Need to Conduct Remote Public Meetings September 28, 2022

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Public members must be given a reasonable time to register to provide public comment and agencies that provide a timed public comment period shall not close the public comment period until that timed period has expired.

If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the state of emergency 30 days after the first teleconference meeting and every 30 days thereafter.

DISCUSSION
Town staff has installed a new system in the Schoolhouse to accommodate hybrid remote meetings. This system has also been installed in the Community Hall. On April 27, 2022, the Council conducted its first hybrid meeting and plans to continue meeting this way.

However, some members of the Council, its commissions/committees, staff and the public may want to continue attending remotely. Given the continued presence of COVID-19 in the community, in person meetings would present an imminent risk to the health or safety of certain attendees.

AB 361 requires the Council to make a regular finding confirming the state of emergency and the need for continued remote meetings. Staff will therefore be agendizing this finding on every Council meeting agenda until a decision to transition to completely in person meetings has been made. Council will also be requested to make these findings on behalf of its commissions and committees as well, so there is a uniform policy on public meetings.

FISCAL IMPACT
There is no fiscal impact associated with continued remote meetings.

ATTACHMENT

1. Resolution

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1 RESOLUTION NO. ____

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA

VALLEY CONFIRMING EXISTING STATE EMERGENCY AND AUTHORIZING CONTINUED REMOTE PUBLIC MEETINGS UNDER AB 361
The Town Council of the Town of Portola Valley does RESOLVE as follows:

WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency, as defined under the California Emergency Services Act, due to the COVID-19 pandemic and the State of Emergency remains in effect; WHEREAS, beginning in March 2020, the Governor’s Executive Order N-29-20 suspended Brown Act requirements related to teleconferencing during the COVID-19 pandemic provided that notice, accessibility, and other requirements were met, and the public was allowed to observe and address the legislative body at the meeting; WHEREAS, Executive Order N-08-21 extended the previous order until September 30, 2021;
WHEREAS, the Town Council and the Town’s boards, commissions, and committees have conducted their meetings virtually, as authorized by the Executive Order, since March 17, 2020;
WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill 361 (“AB 361”), which provides that a local agency legislative body may continue to meet remotely without complying with otherwise-applicable requirements in the Brown Act related to remote/teleconference meetings by local agency legislative bodies, provided that a state of emergency has been declared and the legislative body determines that meeting in person would present imminent risks to the health or safety of attendees, and provided that the legislative body continues to make such findings at least every 30 days during the term of the declared state of emergency;
WHEREAS, Cal/OSHA COVID-19 Emergency Temporary Standards (“ETS”) require certain employers to implement social distancing requirements in the work place during the current COVID-19 pandemic; and effective February 14, 2022, the Town Manager issued updated work place guidelines imposing safety protocols on persons attending Town Hall facilities;
WHEREAS, in the last few months, while hospitalizations and severe illnesses have gone down, new COVID-19 variants have emerged and continued to impact the County’s hospital capacity;
WHEREAS, these variants are believed by medical experts to be even more contagious as previous variants, and data has shown the variant has increased transmissibility even among some vaccinated people;

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2 WHEREAS, due to uncertainty and concerns about the continuing presence of COVID-19 variants, many workplaces that had announced a return to regular in-person operations have pushed back the full return date until later in the year or next year; WHEREAS, virtual meetings have not diminished the public’s ability to observe and participate and have expanded opportunities to do so for some communities; and WHEREAS, given the heightened risks of the predominant variant of COVID-19 in the community, holding meetings with all members of the legislative body, staff, and the public in attendance in person in a shared indoor meeting space would pose an unnecessary and immediate risk to the attendees.

WHEREAS, the Council has again reconsidered the circumstances of the state of emergency and finds that the state of emergency continues to impact the ability of members of the Town Council, commissions and committees and public to meet in person because there is a continuing threat of COVID19 to the community, and because Town meetings have characteristics that give rise to risks to health and safety of meeting participants (such as the increased mixing associated with bringing together people from across the community, the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to participate fully in public governmental meetings, and the challenges with fully ascertaining and ensuring compliance with vaccination and other safety recommendations at such meetings);
WHEREAS, persons experiencing any potential symptoms of COVID-19, or who test positive but are asymptomatic, or who are exposed to someone with COVID19, should follow medical advice regarding self-isolation or self-quarantine, avoiding public gatherings such as in-person meetings of public agencies, and should be able to do so without sacrificing their right to participate in public business during periods of self-isolation or selfquarantine; WHEREAS, the onset of symptoms of COVID-19 or a positive test may occur too close to the start of a meeting for alternative arrangements for attendance to be made consistently with the Brown Act, such that a remote attendance option for public meetings should be maintained for as long as COVID transmission remains a potential risk of inperson meetings; WHEREAS, the Town Council has an important interest in protecting the health and safety of those who participate in public Town meetings; and WHEREAS, the Town Council finds that this state of emergency continues to directly impact the ability of members of the Town Council and its commissions and committees to meet safely in person and that meeting in person would present imminent risks to the health or safety of attendees, and the Council will therefore continue to invoke the provisions of AB 361 related to teleconferencing for meetings of the Town Council and its commissions and committees in order to provide its members as well as staff and members of the public with

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3 the option of participating in its meetings remotely whenever necessary or advisable for them to do so.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Portola Valley that:

1. The Town Council adopts the recitals set forth above as findings of fact.

2. The Town Council hereby determines that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees.

3. In accordance with AB 361, based on the findings and determinations herein, meetings of the Town Council and Town commissions and committees will be held virtually or in a hybrid format allowing officials and the public to attend virtually or in person, with Brown Act teleconferencing rules suspended. Public meetings conducted outside may be conducted in person.

4. This resolution shall be effective upon adoption and remain in effect so long as the Council confirms the continuing state of emergency and need for remote meetings as required under AB 361.

PASSED AND ADOPTED this 28th day of September 2022.

By: _________________________
Craig Hughes, Mayor
ATTEST:
____________________________
Melissa Thurman, MMC
Town Clerk

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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Melissa Thurman, Town Clerk
DATE: September 28, 2022
RE: Waive Second Reading and Adopt an Ordinance Amending Ordinance No. 1975-141 and Municipal Code Section 1.08.010 “Posting Places” of the Town of Portola Valley Municipal Code

RECOMMENDATION
Staff recommends that the Town Council waive the second reading and adopt an ordinance amending Ordinance No. 1975-141 and Municipal Code Section 1.08.010 “Posting Places” of the Town of Portola Valley Municipal Code.

BACKGROUND
On November 12, 1975, the Town Council of the Town of Portola Valley adopted Ordinance No. 1975-141 requiring the posting of all Town ordinances, resolutions, notices and other documents required by law to be posted at three posting locations around Town. Those posting locations were identified as:

1. Portola Valley Town Hall

2. Village Square

3. Portola Corners
Since the adoption of the ordinance in 1975, many changes in technology have occurred, namely the creation of a Town website, where all the aforementioned documents are posted, as well as updates to the Ralph M. Brown Act. At present, the Ralph M. Brown Act requires posting at one physical location and the town website.

Staff is recommending both ordinances be amended to identify the following two posting locations:

1. Portola Valley Town Hall

2. Portola Valley Town Website

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

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Amending Ordinance 1975-141 September 28, 2022

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FISCAL IMPACT
There is no fiscal impact associated with the proposed ordinance amendment.

ATTACHMENT

1. Ordinance 1975-141

2. Proposed Ordinance Amendment

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ORDINANCE NO. 2022 - ___
ORDINANCE AMENDING ORDINANCE NO. 1975-141 AND MUNICIPAL CODE SECTION 1.08.010 “POSTING PLACES” OF THE TOWN OF PORTOLA

VALLEY MUNICIPAL CODE
The Town Council of the Town of Portola Valley, State of California, ORDAINS as follows:

WHEREAS, Ordinance No. 1975-141 was adopted by the Town Council of the Town of Portola Valley on November 12, 1975; and
WHEREAS, Ordinance No. 1975-141 listed three posting places in the Town of Portola Valley for all Town ordinances, resolutions, notices and other documents required by law; and
WHEREAS, Section 10.08.010 of the Town of Portola Valley Municipal Code identifies the three posting places as:

1. Portola Valley Town Hall

2. Village Square

3. Portola Corners; and
WHEREAS, The Ralph M. Brown Act currently requires posting at one physical location and the town website; and
WHEREAS, The amended Section 1.08.010 (EXHIBIT A) identifies the two posting locations in Portola Valley as:

1. Portola Valley Town Hall

2. Portola Valley Town Website.

NOW, THEREFORE, the Town Council of the Town of Portola Valley does ORDAIN as follows:

1. The above recitations are true and correct.

2. Based upon the above recitations, the two posting locations are appropriate for the Town of Portola Valley.

3. This ordinance shall become effective thirty (30) days after the date of its adoption and shall be posted within the Town of Portola Valley in two posting locations.

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INTRODUCED: September 14, 2022
ADOPTED:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

By:
__________________
Craig Hughes
Mayor
Approved as to Form:
___________________
Cara Silver
Town Attorney
Attest:
___________________
Melissa Thurman, MMC
Town Clerk

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EXHIBIT A

1.08.010 - Posting places.

Agendas for public meetings shall be posted at Town Hall and on the Town’s website.

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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Melissa Thurman, Town Clerk
DATE: September 28, 2022
RE: Adoption of Biennial Resolution Updating Designated Positions and Disclosure Obligations in the Town's Conflict of Interest Code

RECOMMENDATION
Staff recommends that the Town Council adopt the attached biennial Resolution updating the designated position titles and disclosure obligations for the Town's conflict of interest code.

BACKGROUND
The Political Reform Act ("Act") requires certain designated public officials, employees and consultants that make or participate in making governmental decisions to file statements of economic interests. These mandatory filers are:

Town Councilmembers, Planning Commissioners, Architectural and Site Control Commissioners, Town Manager and Town Attorney. The Act also authorizes local agencies to require additional local officials to file statements of economic interest.

The Act requires every agency to adopt a conflict of interest code and to review it every two years to determine if it is accurate or needs to be amended.

Ordinance 2015-406 contains the Town's conflict of interest code. The Town’s local code requires the Council to review the designated position titles and disclosure obligations and make any necessary updates by resolution.

The Town's list of designated position titles and disclosure obligations was last updated on September 23, 2020. Since that time, the following positions warranting disclosure obligations have been added: Assistant Town Manager, Town Clerk and Finance Analyst. The current positions are reflected in the attached resolution.

ATTACHMENT

1. Resolution

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

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RESOLUTION NO. ____-2020

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

PORTOLA VALLEY DESIGNATING PUBLIC OFFICIALS AND

EMPLOYEES AND THEIR DISCLOSURE CATEGORIES FOR THE
TOWN’S CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act of 1974, Government Code section 87100 et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes and review those codes biennially; and
WHEREAS, the Town of Portola Valley (“Town”) last updated its conflict of interest codes in September 2022; and
WHEREAS, on June 24, 2015, the Town Council adopted Ordinance 2015-406, amending Section 2.36.010 [Incorporation by reference] of Chapter 2.36 [Conflict of Interest] of Title 2 [Administration and Personnel] of the Portola Valley Municipal Code; and WHEREAS, with the adoption of Ordinance 2015-406, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are incorporated by reference and, along with the resolution approved by the Town Council in which public officials and employees are designated and their disclosure categories identified, constitute the Conflict of Interest Code of the Town; and WHEREAS, the Town now desires to adopt the resolution identifying the current position titles for public officials and their disclosure requirements.

NOW, THEREFORE, the Town Council of the Town of Portola Valley does RESOLVE as follows:

DESIGNATED POSITIONS

AND DISCLOSURE OBLIGATIONS

DESIGNATED PUBLIC OFFICIALS
Member of Town Council
Member of the Planning Commission
Member of the Architectural and Site Control Commission Town Manager
Town Attorney

OTHER DESIGNATED EMPLOYEES, INCLUDING CONSULTANTS SERVING IN THESE

POSITIONS
Assistant Town Manager
Assistant to Town Manager
Finance Director

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Finance Analyst
Town Clerk
Public Works Director
Planning and Building Director
Senior Planner
Associate Planner
Assistant Planner
Town Engineer
Town Geologist
Consultant (if so determined)

DISCLOSURE CATEGORIES
Disclosure Category 1: Full Disclosure - All investments, business positions, interests in real property and sources of income,
including gifts, loans and travel payments.

Disclosure Category 2: Limited Disclosure - The Town Manager may determine in writing that a particular consultant is required to
provide Limited Disclosure. Such written determination
shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The determination of the Town
Manager is public record and shall be retained for public inspection in the same manner and location as this
conflict of interest code.

REQUIRED DISCLOSURES FOR DESIGNATED POSITIONS
Designated Position Disclosure Category
Member of Town Council 1
Member of the Planning Commission 1
Town Manager 1
Town Attorney 1
Member of the Architectural and Site Control Committee 1 Assistant Town Manager 1
Assistant to Town Manager 1
Finance Director 1
Finance Analyst 1
Town Clerk
Public Works Director 1
Planning and Building Director 1
Senior Planner 1
Associate Planner 1
Assistant Planner 1
Town Engineer 1

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Town Geologist 1
Consultant 2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Portola Valley held on the 28th day of September 2022.

AYES:

NOES:

ABSTAIN:

ABSENT:

By: ____________________________
Craig Hughes
Mayor
ATTEST:
___________________________
Melissa Thurman, MMC
Town Clerk

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RECOMMENDATION
The Wildfire Preparedness Committee recommends that the Town Council approve an amendment to their charter to reflect a new regular meeting time and date.

BACKGROUND
On September 8, 2021, the Town Council approved an amendment to the Wildfire Preparedness Committee (WPC) charter, changing the committee from an ad-hoc to a standing committee, with a meeting date and time to be determined.

On October 13, 2021, the Town Council approved a second charter amendment for the WPC, designating the first Tuesday of each month at 4:00 p.m. the regular meeting date and time.

However, in the eleven months since that approval took place, the committee members have determined this schedule to not be the best time to meet and are requesting a new charter amendment designating the new regular meeting date and time to be the first Monday of each month at 7:00 p.m.

Town Staff has confirmed that this proposed meeting date and time will not conflict with other committee or Council meetings.

FISCAL IMPACT
There is no fiscal impact associated with the proposed charter amendment.

ATTACHMENT

1. Proposed Wildfire Preparedness Committee Charter, with Redline Amendment

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

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Adopted by the Town Council 05-08-19; Revised 10-08-21; Revised 10-13-21 Wildfire Preparedness Committee Charter

MISSION
Given the inherent risk of wildfire in Portola Valley and the changing character of wildfires due to climate change, the Wildfire Preparedness Committee shall advise the Town Council, on a limited duration basis, on ways to reduce wildfire danger, and increase resident resiliency in a wildfire emergency

DUTIES & FUNCTION
To provide the Town Council with short-, medium and long-term recommendations to:

1. Ensure residents have the tools to understand what to do in a wildfire emergency, including expectations on how communications work before, during, and after a wildfire;

2. Prepare residents for evacuation due to a wildfire, and the information needed to maximize success in an emergency;

3. Advise on the most effective and appropriate vegetation management practices to reduce wildfire danger;

4. Suggest opportunities to harden existing homes from wildfires, and regulations for future construction;

5. Determine potential sources of funding to implement any programs adopted by the Town Council;

6. Advise on new or more effective ways to coordinate efforts between partner agencies, volunteer groups, town committees, and state work;

7. Analyze additional options for improving wildfire preparedness as requested by the Town Council or resulting from research.

RESPONSIBLE TO
Town Council

COORDINATION
Staff Liaison – Town Manager and other assigned staff as needed

MEMBERSHIP
The membership of this Committee shall consist of nine (9) members appointed by the Mayor in concurrence with the Town Council. Five (5) members shall be from the public at large, and four (4) members shall be from the Town Council, the ASCC, the Emergency Preparedness Committee, and the Conservation Committee respectively. In addition, a technical advisory committee made up of experts from Town partners, agencies, and issue-area specialists shall be created and participate as needed.

MEETINGS
Monthly meetings are to be held on the first Tuesday of every month at 4:00 p.m. Monday of every month at 7:00 p.m.

REPORTS
The Committee will work with their staff liaisons to determine how frequently it will make reports to the Town Council

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______________________________________ _
TO: Mayor and Members of the Town Council
FROM: Laura Russell, Planning & Building Director
Jacob Garcia, Consultant Planner
DATE: September 28, 2022
RE: Appeal of Planning Commission Decision to deny an appeal of an Architectural and Site Control Commission Decision to Approve an Architectural Review and Site Development Permit to construct a new residence with detached garage, detached ADU, pool and landscape improvements; 1195 Westridge Drive; File # PLN_ARCH0002-2022; Pursuant to Portola Valley Municipal Code Chapter 18.78.

RECOMMENDATION
Staff recommends, based on the decisions rendered by the ASCC and Planning Commission, as well as staff analysis, that the Town Council deny the appeal and uphold the Planning Commission’s August 3, 2022 decision denying the appeal and upholding the ASCC’s decision to approve the project subject to the revised conditions of approval as detailed in the attached draft Resolution (Attachment 1).

BACKGROUND
Materials related to the ASCC and Planning Commission review are available on the Town’s website at www.portolavalley.net/projects.

Project Timeline
On January 28, 2022 staff received an application for an Architectural Review and Site Development Permit for a new residence, detached garage, accessory dwelling unit (ADU), pool, hardscaping and landscape improvements at 1195 Westridge Drive. The application was deemed complete by Staff on April 27, 2022 and scheduled for review by the ASCC.

The Town received a public comment from Irene and Pedro Ruiz, appellants at 115 Meadowood, prior to the distribution of the meeting packet for the May 23 ASCC meeting. The comment raised concerns about the location of the residence at the top of the hill and requested that, if approved, the residence be further screened by planting new trees. That comment and accompanying photos can be seen in Attachment 15 of the May 23 ASCC Staff Report, linked here under Attachment 3.

The ASCC completed this review at its May 23, 2022 meeting. During this meeting. The written comment submitted by the Ruiz’s was provided and Ms. Ruiz made additional public comment on

MEMORANDUM

TOWN OF PORTOLA VALLEY

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 2
behalf of herself and the Hennefarths. Those additional comments focused on the loss of the view of the existing hillside from their property and impacts to wildlife. The Commission discussed the comments provided and developed an additional Condition of Approval that the applicant considers revising the height of the residence, the colors and materials used, the landscaping plan, or some combination of these details in order to address the concerns raised by the neighbors at 115 Meadowood. The project was approved with this added condition by a vote of four to zero, with one Commissioner absent from the meeting.

Appeal to Planning Commission
Pursuant to the provisions of Chapter 18.66 and Section 18.64.110 of the Portola Valley Municipal Code (PVMC), on June 4, 2022, Ronald and Lisa Hennefarth, owners of property at 470 Cervantes Road, and Irene and Pedro Ruiz, owners of property at 115 Meadowood Drive, appealed the ASCC's May 23, 2022 approval decision to the Planning Commission. The appeal contended that the ASCC approved plans:

1. Fail to comply with the Town of Portola Valley General Plan.

2. Fail to comply with the Town of Portola Valley Zoning Code.

3. Fail to follow the Town of Portola Valley’s Design Guidelines.

4. Fail to incorporate neighbor concerns related to building mass, location, screening, lighting, impacts to wildlife and drainage.

The appellants submitted the appeal form, appeal narrative letters and photographs on June 4, 2022, contained as Attachment 6a within the Planning Commission Staff Report. Staff received addendums to the appeal information further detailing the appellants’ objection to the approval, included as Attachments 6b-6f within the Planning Commission Staff Report. In response to the materials submitted by the appellant, the project applicant at 1195 Westridge submitted supplement material detailing communication with the applicant and proposed changes to the ASCC approved plans that were created in response to the concerns expressed by the appellants.

Those materials were included as Attachments 7a-7i within the Planning Commission Staff Report. The Planning Commission Staff Report is linked below as Attachment 6.

Prior to and following the submittal of the appeal, the applicant and the appellants had several conversations between them regarding the issues raised by the appellants. The extent of these conversation is detailed within the appellants appeal narrative and supplemental material provided by the applicant in Attachments 6a-6c and 7c and 7d within the Planning Commission Staff Report. The parties were unable to resolve the issues raised through the conversations between them and the appeal proceeded.

The Planning Commission conducted a public hearing of the appeal on August 3, 2022 and were given the opportunity for site visits of the project location as well as appellants’ homes. At the hearing, the applicant presented revised plans that had been prepared to address the ASCC’s recommendations and in response to the conversations with appellants discussed above. The Commission denied the appeal by a vote of 4-0 (with one member absent) subject to revised conditions of approval. The revision to the conditions was to a recommendation of the ASCC for the applicant to consider revising the height of the building, materials and colors used, landscape screening, or some combination of these three elements to reduce the impact of the project on neighboring properties. The Planning Commission conditioned the project on the applicant being required to make changes to these three elements per the revised plans presented at the August 3, 2022 Planning Commission meeting and subject to re-review by two members of the ASCC (Attachment 2).

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 3
Appeal to Town Council
Pursuant to the provisions of Chapter 18.78 of the PVMC, Irene and Pedro Ruiz filed an appeal on August 17, 2022 (Attachment 10) of the Planning Commission’s August 3, 2022 denial of the appeal of the ASCC approval of the project. The appeal is focused on the following primary considerations.
• Both the ASCC and the Planning Commission failed to take into consideration the view of the project from neighboring sites.
• The project is not consistent with the General Plan, Zoning Code and Design Guidelines. • The project was reviewed using an irregular and biased procedure.

APPEAL SUMMARY
Process for Appeal
Pursuant to Section 18.78.010 (A) of PVMC, The Town Council is required to hold a public hearing on any appeal of the Board of Adjustment’s1 decision on an appeal. The Town Council is required to make findings and decisions in accordance with Section 18.34.130, Chapter 18.76, and Chapter 18.78 of PVMC. On appeal, the Town Council reviews the matter “de novo” and thus has the authority to use its judgement as to whether the project complies with the Town’s policy documents.

Appellants’ Arguments2
The appellants’ original narrative and addendum (Attachments 3 and 4 within the Planning Commission Staff Report) summarize the original grounds for the appeal. A supplement to these materials is included in the letter provided with the August 17 appeal of the Planning Commission decision (Attachment 10).

The appellants primary concerns are that the location and design of the new structure violate the General Plan, Town Code and Design Guidelines. Among the issues cited, the appellants’ materials note that the project does not comply by:
• Failing to minimize disturbances to the natural terrain • Failing to maintain the rural character of the Town
• Failing to insure against adverse impact on neighboring residences • Failing to maintain the present character of established residential areas The appellants’ letters heavily cite the View Preservation and Ridgelines/Hilltops portions of the Town’s Design Guidelines. Those portions are copied verbatim and discussed below. The appellants discuss how the proposed main residence presents itself to their properties, locating a visible structure in what has previously been an empty hillside.

In addition to what the appellants believe is a misinterpretation of existing requirements, the appellants also note the following issues:

1. Drainage: The appellants are concerned that the project could result in excess water runoff which would adversely impact 470 Cervantes and 115 Meadowood. 1 The Planning Commission operates as the Board of Adjustment under the Town’s Code. 2 The ASCC decision was appealed by two separate neighbors. Following the Planning Commission decision, one neighbor elected not to pursue an appeal to the Town Council, and so the subject appeal is only being pursued by the residents living at 115 Meadowood Drive.

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 4

2. Lighting: The large glass windows proposed for the residence will cause interior lighting to spill onto and disturb neighboring properties.

3. Wildlife: The new location of the residence would impede movement by wildlife across the property.

4. Landscaping: Proposed landscaping is not adequate to provide screening for neighboring properties. To provide adequate screening, the applicants new screening plan would have further adverse impacts on the existing meadow.

5. Review Process: Additional comments from the appellants and those submitted by the public speak more generally to concerns with the overall process for reviewing and approving projects within the Town.

PROJECT DESCRIPTION
This section provides an overview of the project; a complete description can be found in the May 23rd staff report to the ASCC. Complete project plans as reviewed by the ASCC are provided in Attachment 3 of the May 23 Staff Report. A revised plan set submitted by the Applicant in response to comments from the ASCC is included in the Planning Commission Staff Report as Attachments 7g-7i. Per the Planning Commission conditions of approval, this updated set of plans will require review by Staff and two members of the ASCC should the Town Council uphold the original decision and deny the appeal.

Site Background
The 2.03-acre (88,231 square feet) site is situated at the northeast corner of the intersection of Westridge, Mapache and Cervantes. The site slopes upward from the street, with the building site recessed into the top of the hill. The site has an existing 3,078 square foot residence, detached garage, pool and 6,473 square feet of impervious surfaces.

Project Description
The applicant is proposing to demolish the existing structures and construct a new residence with a basement, detached garage, detached ADU, pool, entry gate and hardscaping and landscape improvements. The proposed residence has a 4,461 square feet main floor and a 3,663 square feet basement. A portion of the basement level exceeds the Town’s standard for daylit basement (more than 18” above grade), which requires 575 square feet of the basement to be counted toward 85% of AMFA. The detached garage is 714 square feet, 400 square feet of which is counted toward the 85% of AMFA. The detached ADU is 640 square feet.

The project includes 106 cubic yards of soil movement subject to the Site Development Permit (SDP), triggering the need for review by the ASCC. Much of the overall site work involves cutting and off hauling soil for the building pad area. These totals are not subject to the SDP review.

A new pool, entry gate, fire pit, outdoor kitchen and driveway are also proposed. The pool and firepit are to the south of the main residence facing Cervantes, located closest to the neighboring property at 480 Cervantes. New hardscaping will increase the total amount of impervious area on the lot from 6,473 square feet to 9,573 square feet. The proposed project is within the allowed totals for 85% of AMFA, total AMFA, and impervious surface area.

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 5
Proposal Square
Footage Address Zone Parcel Size Avg. Slope
New residence
with basement,
detached
garage,
detached ADU,
pool
Main level
4,461
Basement
3,663 SF
(575 counted)
Garage
714 SF
ADU
640 SF
Total
6390 SF
1195
Westridge R-E/2a/SD-2a

2.03 Ac
(88,231 SF)
Adjusted

1.65 Ac
(71,795 SF)

18.53%
Project Data – Proposed New Residence
R-E/1a/SD-1a Code
Requirements Existing Proposed Remaining
Max Floor Area 6,396 3,378 6,390 6
85% of MFA 5,437 3,078 5,436 1
Max Impervious
Surface 10,109 6,473 9,573 536
Vertical Height 28’ 12’ 7” 27’ 11” --
Maximum Height 34’ 17’ 2” 33’ 5” --
Front Setback 50’ 92’ 3” 50’ --
Side Setbacks 20’ 113’ 9” to
169’ 4”
58’ 10” to
277’ 11”
--
Rear Setback 20’ 30’ 3” 28’ 11” --
Parking Spaces
2 covered
2 uncovered
1 ADU
2 covered
2 uncovered
2 covered
5 uncovered
2 ADU
--

ASCC REVIEW AND APPROVAL
On May 23, 2022, the ASCC conducted a review of the project. Site visits were conducted via appointment for Commission members to view story poles, project plans, and other application materials on-site; there was no staff-lead discussion of the project on-site. Project review continued at the ASCC’s meeting, where staff presented their report on the project (see May 23rd staff report, Attachment 3, minutes, Attachment 4, and recording, Attachment 5).

The ASCC was generally supportive of the project, including its siting, design, landscaping, lighting and materials. Commissioners made comments to the effect that they found staff’s analysis of the project to be correct, and that it was evident that the applicants had made a meaningful effort to comply with the Town’s Design Guidelines. Overall, the Commission found the location of the main residence on the property to be appropriate to the site. The Commission

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 6
was sympathetic to the concerns of the downhill neighbors (470 and 480 Cervantes, 115 Meadowood) with respect to the increased visibility of the new structure from those properties and the change in the existing conditions on the site. With those concerns in mind, the Commission provided suggestions for how the applicant could minimize these concerns, as detailed below.

1. Massing
The applicant might consider a reduction in the overall height of structure by reducing plate heights for the basement and main levels. The Commission provided comment that the proposed plate heights of 10’ for the basement and 14’ for the main level were very tall, and that a reduction of 1’ for the main level and a few inches in the basement level would be helpful in minimizing the view of the structure from the downhill neighbors.

2. Materials
The commission provided comment that the proposed materials, while of a natural palette and in conformance with the Town’s requirements, are in contrast to the surrounding terrain. A warmer palette would help to mitigate the visual impact of the structures on the downhill neighbors.

3. Landscape Screening
The commission was overall pleased that the proposed landscaping would be concentrated around the structures, minimize changes to the native grasses surrounding the property, required modest water use and consisted of primarily native plantings. However, the applicants might consider working with the downhill neighbors to provide additional screening adjacent to those effected portions of the property.

As a Condition of Approval, the Commission added the condition that the applicants consider revising one or more of the above aspects of the project in consideration of the concerns raised by the downhill neighbors. The Commission then voted to approve the application by a vote of four to zero.

PLANNING COMMISSION REVIEW AND DENIAL OF APPEAL
On appeal, the Planning Commission had a similar discussion. The Planning Commission reviewed the project on August 3, 2022, where staff presented their report on the project (see August 3
rd staff report, Attachment 6, supplemental comments, Attachment 7, draft verbatim minutes, Attachment 8, and recording, Attachment 9). In addition, the Planning Commission noted that the site was constrained due to the Woodside Fire Protection District’s requirement for a hammerhead driveway turnaround and that the design was appropriately setback from the street and not visible from the uphill neighbors. The Commission reviewed changes to the proposed project presented by the applicant team in response to comments made by the ASCC. The Commission found the proposed changes to be reasonable accommodations to address the concerns raised by the appellant. The Commission discussed and agreed upon a revision to the ASCC conditions of approval to require the applicant to input the changes provided in the plan set presented to the Planning Commission on August 3
rd
, subject to re-review by two members of
the ASCC. The Planning Commission also voted 4-0 (with one absence) to deny the appeal but added the noted condition (Attachment 2).

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 7

DISCUSSION AND STAFF ANALYSIS
This section presents a summary of how the project complies with the General Plan, followed by detailed analysis of the Zoning Code and Design Guidelines since those are the subject of the appeal.

Compliance with General Plan
The General Plan’s Land Use Element describes development principles and objectives to achieve in Residential Areas, such as:
• In order to maintain the rural atmosphere of Portola Valley, all buildings should be subordinate to their natural surroundings in size, scale and siting. Monumental buildings be avoided (Section 2103 - #6, General Principles, Page 2) • Grading shall normally be the minimum necessary to accommodate development; however, in those instances where increased grading can provide for greater compatibility of development with the natural setting and not cause significant adverse effects on the environment, such grading shall be preferred (Section 2103 - #14, General Principles,

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• To assure that all building sites and residences are developed in a manner minimizing disturbance to natural terrain and vegetation and maximizing preservation of natural beauty and open space (Section 2104 - #1, Objectives, Page 4) • To provide for the grouping or clustering of residential buildings where this will maximize the opportunity to preserve natural beauty, habitat, and open space without generally increasing the intensity of development otherwise possible (Section 2104 - #3, Objectives,

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• To maintain the present character of established residential areas (Section 2104 - #4, Objectives, Page 4)
• To maintain the present character of established residential areas (Section 2104 - #4, Objectives, Page 4)
• To control the occupancy of parcels so as to insure against adverse impact on neighboring residences. (Section 2104 - #5c, Objectives, Page 4)
• To control the size, siting and design of buildings so that they, individually and collectively, tend to be subservient to the natural setting and serve to retain and enhance the rural qualities of the town. (Section 1010 - #16, Major Community Goals, Page 8) The Planning Commission, ASCC and Staff found that the project meets both the principles and objectives described above as it integrates the building into its surroundings; concentrates the uses within the property to minimize disturbance to natural terrain; minimizes grading and site disturbance to the minimum necessary to accommodate the project; and maintains the natural beauty, habitat and open space of the majority of the site; is in keeping with existing development in the residential area; and accounts for impacts to neighboring residences through careful use of lighting and proposed new landscaping.

Compliance with Zoning Code
Section 18.64.060 of PVMC outlines criteria/findings for approval of architectural and site plan review applications. The findings are listed below in bold, followed by a brief analysis of how the findings can be met.

1. The structure is designed so as to minimize disturbance to the natural terrain.

The principal excavation work for the project is for the building pad for the proposed structures and to accommodate a driveway and parking area that meets all relevant Fire

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 8
District requirements. Structures are centrally located around the parking area. The proposed driveway is replacing an existing driveway in the same location. The perimeter of the property is left mostly undisturbed. While the project will locate a larger structure toward the top of the hillside, the building location does not violate the limits on hillside developments and building locations are found to be appropriate to the site.

2. Existing vegetation is preserved to the maximum extent possible.

No significant trees are to be removed as part of the project. Existing native grass areas are left mostly undisturbed. New plantings are of mostly native varieties and the extent of new plantings is minimized to those areas immediately adjacent to the new structures.

3. The structure is designed and located to allow adequate light and air for itself and its neighbors.

The proposed project meets required setbacks and complies with maximum height requirements for the zoning district. The residence has two levels, a main level and partially daylit basement level.

4. Landscaping, screening, and fencing preserve privacy and mitigate adverse effects on neighboring properties.

Existing and proposed landscaping has been planned to assist in screening from other sites. The topography of the site also serves to screen portions of the site from the rightof-way and neighboring properties. No new fencing is proposed as part of the project.

5. Entrances, exits, and internal circulation shall be sited to promote traffic safety and ease and convenience of movement.

The house, garage and ADU are accessed from a central parking area at the end of the driveway. The proposed driveway is replacing an existing driveway in the same location.

New driveway and parking area are to meet all Fire District requirements. Internal pathways create safe and easy pedestrian circulation to the pool and other areas.

6. Night lighting is located and fixtures chosen to promote public safety but minimize effects on adjoining properties.

Fixtures direct light downward, use minimum lumens necessary, and warm color temperature to minimize light encroachment to surrounding areas. Fixture location and quantity are sufficient for safe internal circulation on site.

7. Planting and site design mitigate the problems of drainage and soil erosion.

Proposed planting schedule is made up of primarily native plants with low water usage and are grouped in a natural pattern. Proposed irrigation is designed to minimize water runoff and soil erosion on site and complies with Town’s WELO requirements.

8. Materials and colors are compatible with the rural setting of the town and the surrounding landscape and structures.

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 9
Proposed exterior materials comply with the Town’s requirements and provide a natural color palette for siding, doors, and exterior lights.

9. Proposed grading minimizes the apparent disturbance to the natural terrain.

Amount of grading is confined to amount necessary to accommodate new residence, garage, ADU and pool.

Compliance with Design Guidelines
Pursuant to Section 18.64.045 of PVMC, the Town’s Design Guidelines are consistent with provisions of Sections 18.64.050 and 18.64.060 of PVMC but are in greater detail. The Design Guidelines are used by ASCC in review of all applications pursuant to Section 18.64.040 of PVMC.

The Guidelines include review criteria for three main aspects of a project: site design, architectural design, and landscape design. Under these main aspects, the Guidelines provide additional principles for certain aspects of the project. These principles are discretionary and subject to interpretation by the reviewing body.

The Guidelines are discussed below, including Staff’s analysis of how the project complies, the associated discussion of the guidelines by the ASCC, and the appellants’ concerns.

SITE DESIGN- View Preservation

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preservation and accompanying graphic.
• Site structures to minimize adverse
visual impacts when viewed from off the
site. Do not locate structures in visually
prominent locations.
• Maximize open space preservation.
• Protect view corridors on the site to
maintain views of prominent scenic
features.
• Prevent the obstruction of views of
adjacent property owners by structures or
additions to existing structures.
• Consider the future height of trees
and shrubs so that you and your
neighbors’ views on and off-site will not
become obstructed.

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 10 SITE DESIGN- Ridgelines/Hilltops

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development on ridgelines and hilltops and includes the accompanying graphic. • Whenever possible, avoid siting
structures on ridgelines and hilltops.
• Minimize removal of tree masses so
as not to disrupt the natural silhouette.
• Minimize off-site visual impacts
through use of natural colors and
materials that blend with the natural
environment.
• Keep rooflines of structures below
the height of the existing tree canopy.
• Any construction on ridgelines should
integrate with the natural context.

Structures should be stepped with the
hillsides and slopes of roofs should mirror
slopes of the terrain.

Due to the prominent position of the lot, the project had to be conscientious of not siting the structures to have adverse visual impacts. The site slopes upward from Westridge and Cervantes and continues this upward slope towards the neighboring property at 1175 Westridge Drive. The proposal is replacing a modest existing residence with a new residence, detached garage and detached ADU that maximize the available floor area for the property. In their presentation to the ASCC, the applicants spoke to a few additional considerations that determined the preferred location of the structures on the property. Those included the accommodation of a hammerhead turnaround in the driveway per Fire District regulations and reducing the visual impact from all surrounding sides of the property. The existing residence, despite its modest size, is more visible from the public rights-of-way than the proposed larger residence.

The resulting proposal was to locate the structure further into the hillside, resulting in a position for the new structures closer to the north-east corner of the property than the existing residence.

An overlay of the new proposed construction over the existing building locations is provided in Figure 1, which is also available on Sheet A1.1 of the updated plan set provided by the applicants as Attachment 7g of the Planning Commission staff report. The existing building locations are outlined in red.

The new building locations have the cumulative effect of reducing visibility from the public rightsof-way and the neighboring property uphill to the north at 1175 Westridge. However, the larger size and new position of the structures serve to increase the visibility of the structures from 470 Cervantes and 115 Meadowood, which is the issue at the center of this appeal.

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 11 Figure 1: Proposed Locations of New Structures
Figure 2 (Left): Rendering of New Residence with Landscape Screening Viewed from 115 Meadowood
Figure 3 (Right): View of Story Poles from 115 Meadowood

ARCHITECTURAL DESIGN
a. Scale/Context
The proposed residence is two levels, a basement level with minimal daylit areas and a main level. This serves to principally present the residence as a single-story home. The residence does not feature projections or other obtrusive features. Structures are concentrated around a single

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 12 parking area, providing sufficient setbacks and creating a scale of development proportional to the surrounding lots.
b. Mass/Bulk
Structure design is almost entirely horizontal, reducing effective visible mass. Main residence and accessory buildings step with the natural terrain.
c. Accessory Structures
The detached garage is designed with the same form, exterior materials, and exterior colors as the main residence. The structures integrate with the natural terrain and vegetation of the site so as to have minimal visibility from surrounding properties and the right-of-way. The ADU is subject to staff level (ministerial) approval but is discussed here to provide more project context. d. Entryways
Project includes a new driveway and four-foot vehicle entry gate at the required setback distance.

No new lighting at the gate, right-of-way or along approach is proposed. New driveway will meet Town and Fire District requirements for width and access. e. Additional Design Concepts
All proposed materials and treatments meet Town reflectivity guidelines and include a natural color palette and material choices. No new fencing is proposed as part of the project. f. Lighting
The proposed lighting plan is provided on Sheets A1.2 and L-2 of the updated project plan set in Attachments 7g and 7h. All fixtures comply with Town guidelines, including for lumen output and that all fixtures be shielded or downlit. The applicant’s original submission included additional fixtures along the driveway and exterior of the main residence. The applicant reduced this number of fixtures at the direction of Town Staff.

LANDSCAPE DESIGN
a. Planting Concepts
Complete landscaping plans are provided within Sheets L1-L7 in the updated project plan set in Attachment 7h. Comments originally provided by the Conservation Committee noted that there is minimal landscaping overall, mostly concentrated around the structures. The native grass areas encircling the property are left mostly intact. Proposed landscaping complies with Town requirements for impervious surfaces and water use. Landscape lighting is intended to provide for safety for users of the walkways and steps. No new fencing is proposed as part of the project. b. Plant Materials
Plantings that are proposed are primarily of native species, and the species selected also require low water use. The plan includes planting two olive trees, which are discouraged but allowed provided they are of the fruitless variety. The Committee did request the removal of one particular

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 13 invasive species (Pride of Madeira) from the landscaping plan, which the applicant did in their updated plans.

Staff Conclusion on Appeal
Consistent with the findings of the Planning Commission and ASCC, staff finds the proposed residence to be appropriate to the site given the existing conditions and similar projects that have been reviewed and approved by the Town. In accordance with the Town’s Design Guidelines, the structures are not proposed to be located on the top of the hillside, and the top of the structures does not exceed the top of the hillside. The grading results in a project that is stepped with the hillside and integrated into the natural terrain. While the project will result in a structure that is more visible to some of the neighboring properties, the overall design is conscientious of its impact on the surrounding parcels and rights-of-way and makes appropriate accommodations for this increased visual impact through its selection of materials, limited outdoor lighting, design of the structures themselves and use of landscape screening. The new hammerhead driveway required by the Fire District, allows safer emergency access and better circulation. While the new driveway design has the consequence of shifting the footprint of the proposed house, the new location is less visible from the public right of way and not visible by the majority of the neighbors.

The project does not impact existing mature trees and vegetation. Exterior materials comply with the Town’s requirements for a natural color palette. The concentration of the structures in a single area serves to preserve much of the natural terrain. Landscaping is also concentrated around the structures and makes use of primarily native species, limiting water use to an appropriate amount and helping to preserve much of the native grasses ringing the property. Drainage issues are addressed in the plan check process through review by the Town’s consultant engineers and compliance with the Town’s standard checklist for Site Development Permits. The property is not a designated wildlife corridor, though wildlife is present throughout Town. The siting of the structure allows wildlife to continue to pass through the property.

Next Steps
The Town Council should consider the details of the proposal and the context of this particular site to determine whether the proposed project complies with the General Plan, Town Code and cited portions of the Design Guidelines. The Council may use its judgement in making this determination.

If the Town Council determines that it cannot make any of the findings, it is permitted to impose additional conditions so that such findings may be met or it may grant the appeal and deny the project.

ENVIRONMENTAL REVIEW
Section 21084 of the Public Resources Code requires the California Environmental Quality Act (CEQA) Guidelines to include a list of projects which have been determined not to have a significant effect on the environment and are therefore exempt from CEQA. These are called Categorical Exemptions and are outlined in the CEQA Guidelines. The proposed project is to construct a new single-family residence in a residential zone, which is exempt under CEQA Guidelines Section 15303 – New Construction or Conversion of Small Structures. Specifically, Section 15303(a) defines the exemption as “one single family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.” The project is for a single-family dwelling.

CEQA Guidelines Section 15300.2 outlines Exceptions where the Categorical Exemption may not be used; these exceptions do not apply to this project. Section 15300.2(a) notes that due to

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 14 location, some projects may not be exempt from further review. The location exception is restricted to projects that “may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.” The appellant has provided no evidence that the project is in an area “designated” as an “environmental resource of hazardous or critical concern” by any federal, state or local agency. The lack of such a designation defeats the application of this exception.

Furthermore, the project does not include scenic highways, hazardous waste sites, historical resources, there is no likelihood of successive projects at the same location over time, and there are no unusual circumstances. (CEQA Guidelines Section 15300.2.)

PUBLIC COMMENTS
As part of its required noticing process, the Town sent out a notice to neighbors within 300 feet of the project regarding the ASCC’s project review on May 13th, 2022. Notice of the appeal to Planning Commission was sent to the same neighbors and posted at 1195 Westridge Drive on July 20, 2022. Notice of the appeal to Town Council was mailed and posted on September 16, 2022.

May 23rd ASCC Public Comments
The applicant did conduct neighbor outreach, which is detailed in their Neighbor Notification Letter dated January 13, 2022 (see Attachment 10 within the May 23 Staff Report linked as Attachment 3).

The Town received a public comment from Irene and Pedro Ruiz, neighbors at 115 Meadowood, prior to the distribution of the meeting packet. The initial comment and photos submitted by the neighbor at 115 Meadowood can be seen in Attachment 15 within the May 23 Staff Report linked as Attachment 3.

August 3
rd Planning Commission Public Comments
Following the May 23 ASCC meeting, Staff received appeal forms and an initial narrative from the appellants included as Attachment 6a on June 4, 2022. Addendums to this information (Attachment 6b-6f) were submitted prior to the completion of this staff report.

In response to the materials submitted by the appellants, the applicants submitted additional information to Staff on July 28. That information is compiled within Attachments 7a-I within the Planning Commission Staff Report. A complete plan set was also resubmitted and is included as Attachments 7g-7i within the Planning Commission Staff Report.

Additional public comments were received regarding the appeal. The comments that have been received are listed in the table below and compiled within Attachment 8 of the Planning Commission Staff Report.

Attachment Name Address Summary
8a George Savage 1180 Westridge Support of Project
8b Mary Jo McCarthy Support of Appeal
8c Karel Urbanek Iroquois Trail Support of Appeal
8d Becky Hilderbrand Support of Appeal
8e Beth & Tore Gillbrand 190 Escobar Support of Appeal
8f Jim Gogan 480 Cervantes Support of Project
8g Jim Gogan 480 Cervantes Support of Project
8h Loren Dakin 118 Mapache Support of Project
8i Ginger & Don Creevy 1175 Westridge Support of Project

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1195 Westridge Drive September 28, 2022
Town Council – New Residence & Site Development Page 15 8j Tricia & Gavin
Christensen
50 Alhambra Court Support of Appeal
8k Sandi & Andy Engel 4590 Aline Support of Appeal
8l Mike Armsby 90 Iroquois Support of Appeal
8m Josh Alfaro 460 Cervantes Support of Appeal
8n Greg Goumas Support of Project
8o Don & Catherine
Coluzzi
15 Navajo Support of Appeal
Any comments that were received after packet distribution and provided to the Planning Commission as a supplemental item at the meeting. A summary list of those comments is provided here and included in this report as Attachment 7. 8p Danna Breen Support of Appeal
8q Chrisi Fleming 145 Meadowood Support of Appeal
8r George Savage 1180 Westridge Support of Project
September 28th Town Council Public Comments
No additional public comments were received prior to the publishing of the staff report. Any additional comments received after packet distribution will be provided to the Town Council prior to or at the meeting.

ATTACHMENTS

1. Draft Town Council Resolution

2. Planning Commission Conditions of Approval, August 3, 2022

3. Staff Report for May 23, 2022 ASCC Meeting

4. ASCC May 23, 2022 Meeting Minutes

5. ASCC May 23, 2022 Meeting Recording

6. Staff Report for the August 3, 2022 Planning Commission Meeting

7. Supplemental Public Comments for August 3, 2022 Planning Commission Meeting

8. Planning Commission August 3, 2022 Draft Verbatim Meeting Minutes

9. Planning Commission August 3, 2022 Recording

10. Appellant Submitted Materials, August 17, 2022

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1 RESOLUTION NO. XXXX-2022

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY

APPROVING AN ARCHITECTURAL AND SITE DEVELOPMENT PERMIT FOR A NEW

RESIDENCE WITH BASEMENT, DETACHED GARAGE, ADU, POOL, HARDSCAPING AND

LANDSCAPING IMPROVEMENTS
1195 Westridge Drive, FILE #PLN_ARCH0002-2022 APN # 077-022-050 WHEREAS Sue and Farro Kaveh, owners, submitted an Architectural Review and Site Development permit application on January 28, 2022 to demolish an existing residence and construct a new residence with basement, detached garage, ADU, pool, hardscaping and landscaping improvements on property located at 1195 Westridge Drive; and WHEREAS the Architectural and Site Control Commission (ASCC) held a duly noticed public meeting on May 23, 2022 and after reviewing and considering the staff report, all related information and public comment, approved the Architectural Review and Site Development Permits; and
WHEREAS Ronald and Lisa Hennefarth, owners of 470 Cervantes Road, and Irene and Pedro Ruiz, owners of 115 Meadowood Drive, filed an appeal on June 4, 2022 in accordance with provisions of Chapter 18.66 and Section 18.64.110 of the Portola Valley Municipal Code (PVMC); and
WHEREAS The Planning Commission, acting as the Board of Adjustment, is required to hold a public hearing on any appeal and make findings and decisions in accordance with Sections 18.66.070 and 18.70.080 of PVMC; and
WHEREAS the Planning Commission, acting as the Board of Adjustment, held a duly noticed public hearing on August 3, 2022 to consider the appeal and the entire record of proceedings, including the staff reports and public comment; and WHEREAS the Planning Commission denied the appeal request and upheld the May 23, 2022 decision by the ASCC to approve the Architectural and Site Development Permits; and WHEREAS Irene and Pedro Ruiz, owners of 115 Meadowood Drive, filed an appeal of the Planning Commission’s decision on August 17, 2022 in accordance with Chapter 18.78 of the PVMC; and
WHEREAS the Town Council is required to hold a public hearing and make findings and decisions on any appeal of the Board of Adjustment’s decision on an appeal in accordance with Sections 18.34.130, Chapter 18.76 and Chapter 18.78 of the PVMC; and WHEREAS the Town Council held a duly noticed public hearing on September 28, 2022 to consider the appeal and the entire record of proceedings, including the staff reports and public comment; and
WHEREAS the proposed project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15303(a) of the Public Resources Code.

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2 NOW, THEREFORE, be it resolved that the Town Council of the Town of Portola Valley does hereby RESOLVE as follows:

I. That the project is consistent with the General Plan, Zoning Code, and Design Guidelines as follows:

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• To maintain the present character of established residential areas (Section 2104 - #4, Objectives, Page 4)
• To maintain the present character of established residential areas (Section 2104 - #4, Objectives, Page 4)
• To control the occupancy of parcels so as to insure against adverse impact on neighboring residences. (Section 2104 - #5c, Objectives, Page 4)
• To control the size, siting and design of buildings so that they, individually and collectively, tend to be subservient to the natural setting and serve to retain and enhance the rural qualities of the town. (Section 1010 - #16, Major Community Goals, Page 8) The Town Council finds that the project meets both the principles and objectives described above as it integrates the building into its surroundings; concentrates the uses within the property to minimize disturbance to natural terrain; minimizes grading and site disturbance to the minimum necessary to accommodate the project; maintains the natural beauty, habitat and open space of the majority of the site; is in keeping with existing development in the residential area; and accounts for impacts to neighboring residences through careful use of lighting and proposed new landscaping.

Compliance with Zoning Code
The project description and tables in the staff report, incorporated into this resolution, demonstrate how the project complies with the development standards of the Zoning Code. PVMC 18.64.060 outlines criteria/findings for approval of architectural and site plan review applications. The findings are listed below in bold, followed by how the findings have been met.

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3 1. The structure is designed so as to minimize disturbance to the natural terrain.

The principal excavation work for the project is for the building pad for the proposed structures and to accommodate a driveway and parking area that meets all relevant Fire District requirements. Structures are centrally located around the parking area. The proposed driveway is replacing an existing driveway in the same location. The perimeter of the property is left mostly undisturbed. While the project will locate a larger structure toward the top of the hillside, the building location does not violate the limits on hillside developments and building locations are found to be appropriate to the site.

2. Existing vegetation is preserved to the maximum extent possible.

3. The structure is designed and located to allow adequate light and air for itself and its neighbors.

The proposed project meets required setbacks and complies with maximum height requirements for the zoning district. The residence has two levels, a main level and partially daylit basement level.

4. Landscaping, screening, and fencing preserve privacy and mitigate adverse effects on neighboring properties.

5. Entrances, exits, and internal circulation shall be sited to promote traffic safety and ease and convenience of movement.

The house, garage and ADU are accessed from a central parking area at the end of the driveway. The proposed driveway is replacing an existing driveway in the same location.

New driveway and parking area are designed to meet all Fire District requirements, including a new hammerhead to facilitate emergency vehicle turnaround. Internal pathways create safe and easy pedestrian circulation to the pool and other areas.

6. Night lighting is located and fixtures chosen to promote public safety but minimize effects on adjoining properties.

7. Planting and site design mitigate the problems of drainage and soil erosion.

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4 8. Materials and colors are compatible with the rural setting of the town and the surrounding landscape and structures.

Proposed exterior materials comply with the Town’s requirements and provide a natural color palette for siding, doors, and exterior lights.

9. Proposed grading minimizes the apparent disturbance to the natural terrain.

Amount of grading is confined to the amount necessary to accommodate the new residence, garage, ADU and pool.

Compliance with Design Guidelines

1. SITE DESIGN
c. View Preservation
The overall design is conscientious of its impact on the surrounding parcels and rights-of-way and makes appropriate accommodations for this increased visual impact through its selection of materials, limited outdoor lighting, design of the structures themselves and use of landscape screening.
d. Ridgelines/Hilltops
The Town Council finds the proposed residence to be appropriate to the site given the existing conditions and similar projects that have been reviewed and approved by the Town. The structures are not proposed to be located on the top of the hillside, and the top of the structures does not exceed the top of the hillside. The grading results in a project that is stepped with the hillside and integrated into the natural terrain.

2. ARCHITECTURAL DESIGN
a. Scale/Context
The proposed residence is two levels, a basement level with minimal daylit areas and a main level. This serves to principally present the residence as a single-story home. The residence does not feature projections or other obtrusive features. Structures are concentrated around a single parking area, providing sufficient setbacks and creating a scale of development proportional to the surrounding lots.
b. Mass/Bulk
Structure design is almost entirely horizontal, reducing effective visible mass. Main residence and accessory buildings step with the natural terrain.
c. Accessory Structures
The detached garage is designed with same form, exterior materials, and exterior colors as the main residence. The structures integrate with the natural terrain and vegetation of the site so as

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5 to have minimal visibility from surrounding properties and the right-of-way. The ADU is subject to staff level (ministerial) approval but is discussed here to provide more project context. d. Entryways
Project includes a new driveway and four-foot vehicle entry gate at the required setback distance.

No new lighting at the gate, right-of-way or along approach is proposed. New driveway will meet Town and Fire District requirements for width and access. e. Additional Design Concepts
All proposed materials and treatments meet Town reflectivity guidelines and include a natural color palette and material choices. No new fencing is proposed as part of the project. f. Lighting
The number and type of fixtures is found to be appropriate for the site and compliant with all Town requirements. All fixtures comply with Town guidelines, including for lumen output and that all fixtures be shielded or downlit.

3. LANDSCAPE DESIGN
a. Planting Concepts
Proposed landscaping complies with Town requirements for impervious surfaces and water use.

Landscape lighting is intended to provide for safety for users of the walkways and steps. No new fencing is proposed as part of the project. The project does not impact existing mature trees and vegetation. Landscaping is also concentrated around the structures and makes use of primarily native species, limiting water use to an appropriate amount and helping to preserve much of the native grasses ringing the property.
b. Plant Materials
Plantings that are proposed are primarily of native species, and the species selected also require low water use. The plan includes planting two olive trees, which are discouraged but allowed provided they are of the fruitless variety.

II. The decision of the Planning Commission to deny the appeal of the Planning Commission and uphold the Architectural and Site Control Commission’s decision to grant Architectural and Site Development Permits PLN_ARCH0002-2022 for 1195 Westridge Drive, subject to the conditions attached hereto as Attachment 2 and incorporated herein.

PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Portola Valley on September 28, 2022.

For:

Against:

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6 Abstained:

By: _________________________
Craig Hughes, Mayor
ATTEST: _________________________
Melissa Thurman, MMC
Town Clerk

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1 RESOLUTION NO. 2022-3

A RESOLUTION OF THE PLANNING COMMISSION ACTING AS THE BOARD OF

ADJUSTMENT OF THE TOWN OF PORTOLA VALLEY DENYING AN APPEAL AND

UPHOLDING THE DECISION OF THE ARCHITECTURAL AND SITE CONTROL

COMMISSION APPROVING AN ARCHITECTURAL AND SITE DEVELOPMENT PERMIT

FOR A NEW RESIDENCE WITH BASEMENT, DETACHED GARAGE, ADU, POOL,

HARDSCAPING AND LANDSCAPING IMPROVEMENTS
1195 Westridge Drive, FILE #PLN_ARCH0002-2022 APN # 077-022-050 WHEREAS Sue and Farro Kaveh, owners, submitted an Architectural Review and Site Development permit application on January 28, 2022 to demolish an existing residence and construct a new residence with basement, detached garage, ADU, pool, hardscaping and landscaping improvements on property located at 1195 Westridge Drive; and WHEREAS the Architectural and Site Control Commission (ASCC) held a duly noticed public meeting on May 23, 2022 and after reviewing and considering the staff report, all related information and public comment, approved the Architectural Review and Site Development Permits; and
WHEREAS Ronald and Lisa Hennefarth, owners of 470 Cervantes Road, and Irene and Pedro Ruiz, owners of 115 Meadowood Drive, filed an appeal on June 4, 2022 in accordance with provisions of Chapter 18.66 and Section 18.64.110 of the Portola Valley Municipal Code (PVMC); and
WHEREAS The Planning Commission, acting as the Board of Adjustment, is required to hold a public hearing on any appeal and make findings and decisions in accordance with Sections 18.66.070 and 18.70.080 of PVMC; and
WHEREAS the Planning Commission, acting as the Board of Adjustment, held a duly noticed public hearing on August 3, 2022 to consider the appeal and the entire record of proceedings, including the staff reports and public comment.

NOW, THEREFORE, be it resolved that the Planning Commission of the Town of Portola Valley does hereby RESOLVE as follows:

I. The Planning Commission finds that the project is consistent with the General Plan, Zoning Code, and Design Guidelines as follows:

Compliance with General Plan
The General Plan’s Land Use Element describes development principles and objectives to achieve in Residential Areas, such as:
• In order to maintain the rural atmosphere of Portola Valley, all buildings should be subordinate to their natural surroundings in size, scale and siting. Monumental buildings be avoided (Section 2103 - #6, General Principles, Page 2) • Grading shall normally be the minimum necessary to accommodate development; however, in those instances where increased grading can provide for greater compatibility of development with the natural setting and not cause significant adverse effects on the DocuSign Envelope ID: 86FA6F42-F009-4D64-BF3C-392391D2A548

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2 environment, such grading shall be preferred (Section 2103 - #14, General Principles,

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• To maintain the present character of established residential areas (Section 2104 - #4, Objectives, Page 4)
• To maintain the present character of established residential areas (Section 2104 - #4, Objectives, Page 4)
• To control the occupancy of parcels so as to insure against adverse impact on neighboring residences. (Section 2104 - #5c, Objectives, Page 4)
• To control the size, siting and design of buildings so that they, individually and collectively, tend to be subservient to the natural setting and serve to retain and enhance the rural qualities of the town. (Section 1010 - #16, Major Community Goals, Page 8) The Planning Commission finds that the project meets both the principles and objectives described above as it integrates the building into its surroundings; concentrates the uses within the property to minimize disturbance to natural terrain; minimizes grading and site disturbance to the minimum necessary to accommodate the project; maintains the natural beauty, habitat and open space of the majority of the site; is in keeping with existing development in the residential area; and accounts for impacts to neighboring residences through careful use of lighting and proposed new landscaping.

Compliance with Zoning Code
The project description and tables in the staff report demonstrate how the project complies with the development standards of the Zoning Code. PVMC 18.64.060 outlines criteria/findings for approval of architectural and site plan review applications. The findings are listed below in bold, followed by how the findings have been met.

1. The structure is designed so as to minimize disturbance to the natural terrain.

2. Existing vegetation is preserved to the maximum extent possible.

DocuSign Envelope ID: 86FA6F42-F009-4D64-BF3C-392391D2A548

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3 3. The structure is designed and located to allow adequate light and air for itself and its neighbors.