42 of three (3) feet from the building foundation.
4. Provide power supply for future graywater treatment system.
5. The graywater system shall be comprised of purple piping. The diverter valve on the clothes washing machine system shall be labeled as “LAUNDRY-TOLANDSCAPE CAPABLE.” Exception:
Accessory dwelling units that include laundry connections shall only be required to include a diverter valve and an outside “stub-out” installation on the clothes washing machine hook-up, to allow separate discharge of graywater direct for irrigation. The diverter valve on the clothes washing machine system shall be labeled as “LAUNDRY-TOLANDSCAPE CAPABLE.” BBBB. Section 5.106.13 of the California Green Building Standards Code is hereby added to read as follows:
5.106.13 Building electrification.
Newly constructed buildings shall be constructed as all-electric buildings.
Exception:
The Building Official may grant an exception for cooking needs or for newly constructed public agency buildings as needed for emergency services.
SECTION 10. ENVIRONMENTAL REVIEW. Pursuant to the Guideline Section 15061 ( b)( 3) of the California Environmental Quality Act ( CEQA) this ordinance is exempt from CEQA, as it does not have a potential for causing a significant effect on the environment.
SECTION 11. SEVERABILITY. If any part of this ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or the applicability of this ordinance to other situations.
SECTION 12. EFFECTIVE DATE; POSTING. This Ordinance shall become effective on January 1, 2023 and shall be posted within the Town in three public places.
43 INTRODUCED: October 12, 2022
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
By: _______________________
Craig Hughes
Mayor
ATTEST:
_________________________
Melissa Thurman, MMC
Town Clerk
APPROVED AS TO FORM:
_________________________
Cara Silver
Town Attorney
44 EXHIBIT A
FINDINGS FOR LOCAL AMENDMENTS
Pursuant to State Law, including but not limited to Sections 13143.5, 18941.5, 17958.5 and 17958.7 of the California Health and Safety Code, the Town Council of the Town of Portola Valley finds that the changes or modifications to the Building Code set forth in Ordinance No. 2021-__ are reasonably
necessary due to certain local climatic, geologic and
topographic conditions as described below.
I. CLIMATIC
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. Ninety-six percent of the precipitation falls during the months of October through April, and four percent from May through September, leaving a dry period of at least five months each year. Relative humidity remains in the middle range most of the time, ranging from 45 to 65 percent in the winter, but occasionally falling as low as 15 percent. Temperatures from June through September average above 80°F. It is not unusual to experience several continuous days with temperatures in the mid to high 90s.
Prevailing winds in the area come from the west. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 12-MPH range, gusting from 25 to 35 MPH.
(b) Impact
Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and nonirrigated grass, brush, and weeds, which are often near buildings with wooden roofs. Such dryness causes these
materials to rapidly ignite and burn intensely. Because of dryness, a rapidly burning grass fire or exterior building fire will quickly transfer to other buildings with dry shake or shingle roofs by means of radiation or flying brands, sparks and embers.
Where there are large and/or numerous buildings with untreated shake or shingle exteriors, a small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire
Department, resulting in an excessive fire loss to the
community.
45 The average rainfall is frequently surpassed by concentrated periods of heavy rainfall. This factor combined with soil types, terrain, and existing road systems, have led to landslides and flooding across both Town and private road systems. The blockage of access routes delays and/or prevents the ability of fire apparatus to respond to emergency scenes. Although the Town has identified roads traditionally susceptible to closure, clearing of these routes remains dependent upon knowledge and availability of resources. During 1997 and 1998, partial or complete road blockages were identified on Alpine Road, Wayside Road, Minoca Road, and Escobar Road.
In addition to causing fires to burn and spread rapidly, wind(s) frequently cause(s) tree limbs to break and trees to fall, which can damage electrical transmission lines. Fallen power lines not only cause power outages but, also spark fires. Local winds will continue to be a definite factor of major fire loss to buildings lacking ignition-resistant construction, fire resistive roofs and automatic sprinkler systems.
II. GEOLOGIC
(a) Conditions
The Town is located in close proximity to the San Andreas Fault and other numerous seismic faults elsewhere in the Bay
Area. Buildings and other structures can experience major seismic damage, such as in the Loma Prieta earthquake in 1989. The area is replete with various soils and areas with significant movement potential.
(b) Impact
A major earthquake could result in the cutting-off of response routes of fire companies by damaged and/or blocked roads.
Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, break gas and water lines which, in turn, can cause power failures, start fires throughout the Town and County and impair the ability to fight them. The occurrence of multiple fires will quickly disperse existing Fire Department resources, thereby reducing and/or delaying their response to any given fire. Even minor seismic activity has an adverse impact on fire protection. Any earth movement which causes buildings to move creates cracking and warping of walls, smoke barriers, door frames, etc., thereby negating the effectiveness of building elements intended to prevent fire and smoke from spreading within the building.
46 Additionally, these soils are susceptible to seismic shock and moisture concentrations that may result in landslides in hilly and creek-side areas along fire department access/response routes.
Such restriction of response routes can result in major fire losses in locations where buildings are covered with untreated wood shakes or shingles, particularly where these structures have no automatic fire protection systems such as sprinklers.
III. TOPOGRAPHIC
(a) Conditions
Large areas of highly combustible dry grass, weeds, brush, and trees adjacent to structures are common throughout the Town.
Above ground electrical power transmission lines are
suspended through trees and above large areas of dry
vegetation. The hilly terrain, limited surface streets, and arrangement of man-made features around many buildings
preclude, or greatly limit, any approach to all but one side. (b) Impact
Above ground electrical transmission lines are subject to damage from overloading, winds, trees, earthquakes, and motor vehicle collisions. Fires involving large areas of dry vegetation can quickly grow to a magnitude beyond local Fire Department capabilities. The limited number of response routes and the lack of feasible alternate routes compound this problem. Additional delays must be anticipated due to attempts on the part of residents to flee or enter the fire area. Fire damage from these delays results in the need for additional suppression resources to obtain control. The combination of buildings with untreated wood shake or shingle roofs and without fire sprinkler systems and impeded access for the Fire Department can readily result in multiple building fires and major fire losses.
______________________________________ _
TO: Mayor and Members of the Town Council
FROM: Jake Garcia, Consultant Planner
DATE: October 12, 2022
SUBJECT: Waive Reading and Introduce Ordinance Amending Chapter 18.04 [Definitions] and Sections 18.12.020 [R-E District – Principal Uses Permitted], 18.14.020 [R-1 DISTRICT – Principal Uses Permitted], AND 18.16.020 [M-R DISTRICT – Principal Uses Permitted] of Title 18 [Zoning] of the Portola Valley Municipal Code to Comply with State Law regarding Supportive and Transitional Housing.
RECOMMENDATION
Staff recommends that the Town Council (1) find the adoption of the Ordinance to be exempt from the California Environmental Quality Act and; (2) adopt an Ordinance amending the Portola Valley municipal Code related to Supportive and Transitional Housing (Attachment 1).
BACKGROUND
In 2008, Senate Bill 2 (SB 2) took effect and amended both California’s Housing Element Law and its Housing Accountability Act and requires local governments to take specific actions to encourage the development of Supportive and Transitional Housing. As relevant to the proposed Zoning Code Amendments presented within this report, SB 2’s amendments require jurisdictions to treat supportive and transitional housing like other types of permitted residential uses in a zone.
In 2019, Assembly Bill (AB) 2162 took effect and amended the Housing Element Law to require that supportive housing (not transitional housing) be a permitted-by-right use in zones where multifamily and mixed-use developments are permitted. This legislation also applies to nonresidential zones that permit multifamily uses. In such cases, the proposed supportive housing must satisfy certain requirements (such as deed restricted units and provision of on-site supportive services) to qualify as a use-by-right.
AB 2162 updated the requirements of SB 2, under which previously the Town could require discretionary permits for supportive and transitional housing if other residential units required such permits.
In accordance with this new State legislation, the Town’s current Housing Element “Program 8:
Transitional and Supportive Housing Ordinance Amendment” requires the Town to update the Zoning Code to comply with state law relative to transitional and supportive housing. In
MEMORANDUM
TOWN OF PORTOLA VALLEY
Zoning Code Amendments October 12, 2022
Supportive and Transitional Housing Page 2
reviewing the action plan in the current Housing Element, staff has determined that all actions have been completed with the exception of this Code amendment. These amendments will implement the last remaining program in the Housing Element and bring the Zoning Code into compliance with State law.
DISCUSSION
To comply with State Law as well as satisfy the objectives of the Town’s Current Housing Element, the Planning Commission and Town Staff recommends amendments to the Town’s Zoning Code that update the definitions of supportive and transitional housing and remove the “six or fewer persons” occupancy limitation on supportive and transitional housing in its residential zones.
SB 2 Compliance
For compliance with SB 2, amendments require jurisdictions to treat supportive and transitional housing like other types of permitted residential uses in a zone.
As a threshold matter the attached ordinance updates the relevant definitions of supportive and transitional housing (PVMC sections 18.04.515 and 18.04.523) to comply with the State law definitions. Thus, the “supportive housing” definition is revised as follows:
“housing with no limit on length of stay, that is occupied either by adults with low-income having one or more disabilities or by individuals eligible for services provided under the Lanterman Developmental Disabilities Act (Welfare and Institutions Code, Section 4500 et seq.), and that is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving their health, and maximizing their abilities to live, and when possible, work in the community. “shall have the same meaning as defined in Section 50675.14 of the Health and Safety Code, as amended from time to time”
Section 50675.14 of the Health and Safety Code currently defines “supportive housing” as:
“housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.”
In addition, “transitional housing” is revised as follows:
“housing that is intended to be occupied for a limited period, usually between six and twenty-four months, in order to provide stability for residents so that they can transition into permanent housing.” “shall have the same meaning as defined in Section 50675.2 of the Health and Safety Code, as amended from time to time.” Section 50675.2 of the Health and Safety Code currently defines “transitional housing” as:
“buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.”
Zoning Code Amendments October 12, 2022
Supportive and Transitional Housing Page 3
In addition, a change to the occupancy limits is needed to comply with State law. The Town’s Zoning Code currently permits supportive and transitional housing that is limited to “six or fewer persons” in single-family zones, including in the R-E (Residential Estate) District Regulations; R1 (Single-Family Residential) District Regulations; and M-R (Mountainous Residential) District Regulations. The SB 2 amendments require jurisdictions to treat supportive and transitional housing like other types of permitted residential uses in a zone, and the Town does not have occupancy standards in its single-family residential zones for other types of housing. Therefore, the Town must amend its Zoning Code to remove the “six or fewer persons” limitation for both supportive and transitional housing in its three residential zones, and therefore would include amendments to PVMC Sections 18.12.020, 18.14.020, and 18.16.020.
General Plan
The Town’s current General Plan includes objectives in the Housing Element’s “Program 8:
Transitional and Supportive Housing Ordinance” to amend the Town’s Zoning Ordinance to fully comply with state law relative to transitional and supportive housing. The proposed amendments would fully comply with state law. Therefore, the proposed Zoning Ordinance amendments are consistent with the Town’s General Plan.
Planning Commission Recommendation
At the regular June 1, 2022, Planning Commission meeting, the Commission heard a presentation from staff, discussed the proposed Municipal Code Amendments and considered comments from members of the public. Staff’s original proposal included amendments clarifying state law application to multi-family districts. The Planning Commission was overall supportive of the code amendments pertaining to the single family districts since the amendments are intended to align the Towns Municipal Code with State law. However, the Planning Commission expressed reluctance to amend the Code at this juncture to address multi-family zoning. While they recognized the new Housing Element might contain multi-family districts, they stated it would be more appropriate to bring the amendments forward in connection with the new multifamily districts. Accordingly, staff has dropped the multi-family amendments from this ordinance.
The Planning Commission voted (4-0) to adopt the resolution (Attachment 2) recommending approval of the ordinance with the change to remove the proposed sentence “A residential planned unit development is not required for a supportive housing project” from PVMC Section
18.44.060.I.
ENVIRONMENTAL REVIEW
These amendments simply implement State law requirements which already apply to the Town and therefore this action is exempt from the California Environmental Quality Act (CEQA) under the common sense exemption set forth in CEQA Guidelines Section 15061.
NEXT STEPS
This amendment brings the Town into conformance with the supportive housing program in the current Housing Element. Staff will be bringing forward additional amendments in connection with the upcoming Housing Element to allow: (1) supportive and assisted housing in multi-family districts as required by State law [in accordance with the Planning Commission recommendation to defer these amendments until the multi-family districts were better defined] and (2) a “low barrier navigation center” in mixed-use and non-residential zones permitting multi-family housing. In terms of the “low barrier navigation center” this is a new requirement that all towns must incorporate into their zoning codes. For a variety of reasons, staff does not anticipate such a use will in fact be sited in Portola Valley, but state law requires the town to zone for it.
Zoning Code Amendments October 12, 2022
Supportive and Transitional Housing Page 4
ATTACHMENTS
1. Proposed Ordinance
2. Planning Commission Resolution 2022-01
Exhibit A: Draft Ordinance
Supportive Housing Ordinance
Town Council Draft Page 1
ORDINANCE NO. 2022 – _____
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PORTOLA VALLEY AMENDING SECTIONS 18.04.515 [SUPPORTIVE HOUSING],
18.04.523 [TRANSITIONAL HOUSING], 18.12.020 [R-E DISTRICT – PRINCIPAL USES PERMITTED], 18.14.020 [R-1 DISTRICT – PRINCIPAL USES PERMITTED], AND 18.16.020 [M-R DISTRICT – PRINCIPAL USES PERMITTED] OF TITLE 18 [ZONING] OF THE PORTOLA VALLEY MUNICIPAL CODE
WHEREAS, Senate Bill (SB) 2, which amended both California’s Housing Element Law and the Housing Accountability Act, took effect in January 2008. The amendments require “local governments to take specific zoning actions to encourage the development of emergency shelters and transitional and supportive housing.” WHEREAS, Next, SB 2’s amendments require jurisdictions to treat supportive and transitional housing like other types of permitted residential uses in a zone.
WHEREAS, Assembly Bill (AB) 2162 was adopted and went into effect in January 2019. AB 2162 amended the Housing Element Law to require towns to permit supportive housing as a permitted-by-right use in zones where multifamily and mixed-use development are permitted. This may include nonresidential zones that permit multifamily uses. To qualify for this use-by-right, the proposed supportive housing must satisfy certain requirements (such as deed restricted units and provision of on-site supportive services).
In addition, AB 2162 provided that towns could only apply objective criteria to supportive housing projects.
WHEREAS, Program 8 of the Town’s current Housing Element provides that the Town will update its zoning ordinance to implement the current state laws applying to supportive housing.
NOW, THEREFORE, the Town Council of the Town of Portola Valley does ORDAIN as follows:
1. AMENDMENT TO CODE. Section 18.04.515 [Supportive Housing] of Chapter
18.04 [Definitions] of Title 18 [Zoning] of the Portola Valley Municipal Code is hereby amended to read as follows:
“Supportive housing" is housing with no limit on length of stay, that is occupied either by adults with low-income having one or more disabilities or by individuals eligible for services provided under the Lanterman Developmental Disabilities Act (Welfare and Institutions Code, Section 4500 et seq.), and that is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving their health, and maximizing their abilities to live, and when
Supportive Housing Ordinance
Town Council Draft Page 2
possible, work in the community.shall have the same meaning as defined in Section 50675.14 of the Health and Safety Code, as amended from time to time.
2. AMENDMENT TO CODE. Section 18.04.523 [Transitional housing] of Chapter
18.04 [Definitions] of Title 18 [Zoning] of the Portola Valley Municipal Code is hereby amended to read as follows:
“Transitional housing” is housing that is intended to be occupied for a limited period, usually between six and twenty-four months, in order to provide stability for residents so that they can transition into permanent housing. shall have the same meaning as defined in Section 50675.2 of the Health and Safety Code, as amended from time to time.
3. AMENDMENT TO CODE. Section 18.14.020 [Principal uses permitted] of Chapter
18.14 [R-1 (Single-Family Residential) District Regulations] of Title 18 [Zoning] of the Portola Valley Municipal Code is hereby amended to read as follows:
18.14.020 – Principal uses permitted.
A. Uses permitted by Section 18.36.010;
B. Single-family dwellings, including residential care facilities for six or fewer persons, supportive housing for six or fewer persons, and transitional housing for six or fewer persons;
C. Temporary uses permitted by Section 18.36.020030;
D. Public school when located in conformance with the general plan.
4. AMENDMENT TO CODE. Section 18.12.020 [Principal uses permitted] of Chapter
18.12 [R-E (Residential Estate) District Regulations] of Title 18 [Zoning] of the Portola Valley Municipal Code is hereby amended to read as follows:
18.12.020 – Principal uses permitted.
A. Uses permitted by Section 18.36.010;
B. Single-family dwellings, including residential care facilities for six or fewer persons, supportive housing for six or fewer persons, and transitional housing for six or fewer persons;
C. Temporary uses permitted by Section 18.36.030;
D. Public school or other public building when located in conformance with the general plan.
Commented [CES1]: Note: This is just a cleanup.
Supportive Housing Ordinance
Town Council Draft Page 3
5. AMENDMENT TO CODE. Section 18.16.020 [Principal uses permitted] of Chapter
18.16 [M-R (Mountainous Residential) District Regulations] of Title 18 [Zoning] of the Portola Valley Municipal Code is hereby amended to read as follows:
18.16.020 – Principal uses permitted.
A. Uses permitted by Section 18.36.010;
B. Single-family dwellings, including residential care facilities for six or fewer persons, supportive housing for six or fewer persons, and transitional housing for six or fewer persons;
C. Temporary uses permitted by Section 18.36.0320.
6. CONSISTENCY WITH GENERAL PLAN. This ordinance is found to be consistent with the General Plan of Portola Valley.
7. ENVIRONMENTAL REVIEW. These amendments simply implement State law requirements which already apply to the Town and therefore this action is exempt from the California Environmental Quality Act (CEQA) under the common sense exemption set forth in CEQA Guidelines Section 15061.
8. CONSISTENCY WITH STATE LAW. This ordinance is intended to be consistent with State law regulating emergency shelters, transitional housing, and supportive housing, and to the extent there is any inconsistency with such State law requirements, State law shall control.
9. SEVERABILITY. If any part of this ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or the applicability of this ordinance to other situations.
10. EFFECTIVE DATE; POSTING. This ordinance shall become effective 30 days after the date of its adoption and shall be posted within the Town in three public places.
INTRODUCED:
PASSED:
AYES:
NOES:
Commented [CES2]: Note: This is just a cleanup.
Supportive Housing Ordinance
Town Council Draft Page 4
ABSTENTIONS:
ABSENT:
RECUSED:
ATTEST:
__________________________ By: _________________________ Town Clerk Mayor
APPROVED AS TO FORM
__________________________
Town Attorney